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HomeMy WebLinkAbout2019-11-19; City Council; ; Memorandum of Understanding with North County Transit District~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Nov. 19,2019 Mayor and City Council Scott Chadwick, City Manager Cindy Anderson, Senior Management Analyst Cindy.Anderson@carlsbadca.gov, 760-931-2170 CA Review-ff lC Subject: Memorandum of Understanding with North County Transit District Recommended Action Approval of a Memorandum of Understanding (MOU) with North County Transit District (NCTD) to assist in the enforcement of parking and vehicular access at NCTD properties located in Carlsbad. Executive Summary The city frequently receives various complaints on the property belonging to the North County Transit District. This MOU with NCTD would formally allow the Police Department to enforce NCTD Ordinances, the California Vehicle Code, Penal Code, and the Public Utilities Code at NCTD properties and transit facilities located within the City of Carlsbad. City Council approval is recommended for inter-agency agreements such as this MOU. Discussion NCTD is a non-city agency which owns and operates two public transit stations in Carlsbad: the Carlsbad Village Station, located at 2775 State Street, and the Carlsbad Poinsettia Station, located at 6511 Avenida Encinas. Under currently applicable laws and established practices, NCTD has allowed the Police Department to come onto NCTD property to enforce Penal Code violations, as well as certain provisions of the California Vehicle Code and the Public Utilities Code. However, the Police Department does not have the authority to enforce NCTD Ordinances; only the County Sheriff's Department deputies and any contracted or specially designated law enforcement authorities may do so. In recent years, the Police Department has regularly responded to calls for service at NCTD property located in Carlsbad, particularly for parking issues and vehicular obstructions. The Police Department has also informally assisted NCTD with the investigation and enforcement of an increasing number of parking and vehicular obstruction-related incidents on NCTD property located in Carlsbad . The proposed MOU with NCTD (Attachment A, contained within Exhibit 1) would formally allow the Police Department to assist in the enforcement of the parking and vehicular access Nov. 19, 2019 Item #11 Page 1 of 29 provisions provided in NCTD Ordinance Numbers 3 and 5, the California Vehicle Code, the Penal Code and the Public Utilities Code at NCTD properties and transit facilities within the City of Carlsbad. The MOU will also provide officers additional tools to address quality of life issues that impact areas near NCTD properties. The limited enforcement services outlined in the MOU would be provided at the discretion of the Police Department. The MOU would not result in a contractual or agency relationship such that the Police Department is obligated to enforce parking, vehicular access or other laws on NCTD property. The MOU does not require the Police Department to provide additional enforcement services at any NCTD properties, nor does it lessen any obligation of NCTD's contracted law enforcement providers such as the County Sheriff's Department. Both parties to the MOU have the authority to terminate the agreement with 14 days advance notice. Fiscal Analysis At this time, the Police Department does not anticipate an appreciable fiscal impact as a result of the proposed MOU. Per the terms of the MOU, NCTD shall provide support to the Police Department including training regarding NCTD policies and operations upon the request of the Police Department, and any support or training costs will be provided by NCTD. The Police Department does not foresee expending significantly more resources in responding to calls for service on NCTD property than it otherwise has been. Next Steps Both parties to the MOU, as well as their legal counsel, have already reviewed and approved the proposed version of the MOU. Once approved by the City Council, the Carlsbad City Manager and the NCTD Executive Director will sign the MOU. The Carlsbad Police Department will then have the formal legal authority to provide the described parking and vehicular access- related law enforcement services on NCTD property. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the posting of the agenda. Exhibits 1. City Council Resolution 2. NCTD Ordinance 3 3. NCTD Ordinance 5 2 Nov. 19, 2019 Item #11 Page 2 of 29 RESOLUTION NO. 2019-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH NORTH COUNTY TRANSIT DISTRICT (NCTD) TO ASSIST IN THE ENFORCEMENT OF PARKING AND VEHICULAR ACCESS AT NCTD PROPERTIES LOCATED IN CARLSBAD. WHEREAS, North County Transit District (NCTD) is a non-city agency which owns and operates two public transit stations in Carlsbad: the Carlsbad Village Station, located at 2775 State Street, and the Carlsbad Poinsettia Station, located at 6511 Avenida Encinas; and WHEREAS, the Carlsbad Police Department and NCTD seek to formalize the authority of the Carlsbad Police Department to enforce all applicable parking and vehicular access laws on NCTD property; and WHEREAS, the Carlsbad Police Department does not currently have the authority to enforce NCTD Ordinances, in particular their parking and vehicular access provisions; and WHEREAS, the Carlsbad Police Department regularly receives calls for service regarding parking and vehicular access issues at NCTD properties located within the city and is unable to provide the relevant enforcement services on these properties; and WHEREAS, the City Council of the City of Carlsbad finds that the health, safety and welfare of its residents would be better served by entering into a Memorandum of Understanding ("MOU") with NCTD to allow the Carlsbad Police Department to assist in the enforcement of parking and vehicular access provisions contained in NCTD Ordinances, the California Vehicle Code, the Penal Code and the Pub.lie Utilities Code at NCTD properties and transit facilities located in the City of Carlsbad. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the city manager is hereby authorized to execute the Memorandum of Understanding between NCTD and the City of Carlsbad, a copy of which is attached as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. ~ Hecidl 6omt:2 pep•~ f (If BARBARA ENGLESON, City Clerk / Ci-I C tf >,.{ (SEAL) ,,111111111111,,11,, ,,,,,,~ CA b 1111&. "'~ Q,T rj/ ~❖-~" .. ~~-n ~ ~~ ,• ~-.u(S\~ f !::/~· . ~ ........ ~%, ~O\~f/ )C~ :; ··.. r r-~, ~ ~ ... W.· ~ ~ ·.. ··-,nr"• .•· ~ ~"··' •'h,~ %. '-~, ........... •·;..\\'r #' '/t,,,11«.IFO~~,,,,,~ l////ft/1111\\111111 Nov. 19, 2019 Item #11 Page 3 of 29 NCTD Document No. 2019-23 AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: NCTD AGREES: 1. This MOU serves as written authorization from NCTD's Executive Director to the DEPARTMENT to assist in the enforcement of applicable provisions of NCTD Ordinance Nos. 3 and 5, the California Vehicle Code, the Penal Code and Public Utilities Code provisions related to parking and vehicular access on all NCTD properties and transit facilities located within the DEPARTMENT'S official jurisdiction within the City of Carlsbad. 2. To designate the DEPARTMENT and its employees, as NCTD Authorized Enforcement Personnel, as provided for and defined in NCTD Ordinance Nos. 3 and 5. 3. To provide support to the DEPARTMENT including training regarding NCTD policies and operations upon request of the DEPARTMENT to facilitate the activities authorized herein. Any support and training costs, if any, shall be paid for by NCTD. At NCTD properties and transit facilities located within the City of Carlsbad , NCTD will not rely on the DEPARTMENT as the sole or primary Authorized Enforcement Personnel for any law enforcement services, including enforcing parking and vehicular access laws, rules and/or regulations. The DEPARTMENT shall in its sole discretion determine the amount of services it shall provide to NCTD. CARLSBAD POLICE DE PARTMENT AGREES: 1. To provide law enforcement services at the sole discretion of the DEPARTMENT encompassing duties and functions of the type within the jurisdiction of, and customarily rendered by, the DEPARTMENT under the Ordinances of the City, the Ordinances of NCTD, and statutes of the State of California, as they apply to parking and vehicular access in and around NCTD Property. 2. To accept the designation and act as NCTD Authorized Enforcement Personnel at the discretion of the DEPARTMENT, as provided for and defined in NCTD Ordinance Nos. 3 and 5. 3. The DEPARTMENT will not act as the sole or primary Authorized Enforcement Personnel for any law enforcement services, including enforcing parking and vehicular access laws, rules and/or regulations at any NCTD properties and transit facilities located within the City of Carlsbad. THE PARTIES MUTUALLY AGREE : 1. The above Recitals are true and correct and are integrated as part of this MOU. 2. Any correspondence required or permitted under this MOU may be personally served on the other Party by the Party giving notice, or may be served by email, fax or prepaid registered or certified USPS mail, return receipt requested, to the following addresses: For NCTD: North County Transit District 810 Mission Avenue Oceanside, CA 92054 Attn: Sean Loofbourrow Phone: (760) 967-2827 E-mail: sloofbourrow@nctd.org For City of Carlsbad: Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010-7240 Attn: Neil Gallucci Phone: 760-931-2100 Email: neil.gallucci@carlsbadca.gov 3. This MOU may be terminated by any party at any time, with or without cause, upon either party providing fourteen (14) days advance written notice of its intent to terminate the Agreement. The termination effective date shall be the 1 Slh day following the giving of said notice. 4. This MOU shall continue in effect unless and until a Party to the MOU gives fourteen (14) days advance written notice of its desire to withdraw from the MOU. 2 Nov. 19, 2019 Item #11 Page 5 of 29 NCTD Document No. 2019-23 5. Neither Party nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other Party under or in connection with any work, authority or jurisdiction delegated under this MOU. Except for claims that arise due to the sole negligence or willful misconduct attributed to a single Party to this Agreement, it is understood and agreed that, pursuant to Government Code section 895.4, the Parties shall mutually defend, indemnify and save harmless one another, including all officers and employees from all claims, suits" or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by either Party under or in connection with any work, authority or jurisdiction delegated thereto under this MOU. 6. The indemnification provisions of this MOU shall survive termination of the MOU. 7. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 8. All claims, counterclaims, disputes and other matters in question between the Parties arising out of or relating to this MOU or its breach will be decided by arbitration if the Parties mutually agree or in a court of competent jurisdiction in accordance with the choice of law/venue provisions provided herein. 9. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 10. For purposes of this MOU, the relationship of the Parties is that of independent entities and not as agents of each other or as joint ventures or partners. The Parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 11. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 12. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third Parties to this MOU or affect the legal liability of the Parties to this MOU. 13. Each Party declares that, prior to execution of this MOU, it has consulted with its attorney in order that it may intelligently exercise its own judgment in deciding whether to execute this MOU. 14. Each Party declares that it has read this MOU and understands and knows the contents thereof and represents and warrants that each of the Parties executing this MOU is empowered to do so and hereby binds the respective Party. 15. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. The Parties further agree that a facsimile copy of the executed counterparts shall have the same force and effect as an original. 3 Nov. 19, 2019 Item #11 Page 6 of 29 NCTD Document No. 2019-23 IN WITNESS WHEREOF, the Parties have cause the last date of the Parties signature. OU to be executed and delivered as of NORTH COUNTY TRANSIT DISTRICT - Executive Director APPROVED AS TO FORM Lori A. Winfre;= General Counsel 11-U-11 Date Signed 4 Date Signed APPROVED AS TO FORM C!P.Lt,c ~€1 +<.. d ..-<"' Celia Brewer City Attorney ,,,~,/,~ Date gigned Nov. 19, 2019 Item #11 Page 7 of 29 EXHIBIT A NORTH COUNTY TRANSIT DISTRICT ORDINANCE NO. 3 (as Adopted December 17, 2009, and Amended through February 21, 2019) An Ordinance Establishing the North County Transit District's Code of Regulations The Board of Directors of the North County Transit District ("NCTD") does ordain as follows: Section 1: General Section 1.1: Findings A. B. C. D. E. F. G. H. Page 2 of 16 The use of NCTD's transportation system, including all facilities and vehicles appurtenant thereto, is expressly conditioned upon compliance with the rules and regulations promulgated by NCTD pursuant to its statutory authority, and all rights, privileges and permits, express or implied, for use of the said transportation system are and shall be deemed revocable, and each such right, privilege license or permit shall, at the option of NCTD or its duly authorized representative be and be deemed to be revoked and canceled by and upon the breach of any such rules and regulations or any applicable laws or ordinances while in or upon the said transportation system; and California Penal Code Section 640, prohibits specified acts on or in a facility or vehicle of a "public transportation system," as defined by Section 99211 of the Public Utilities Code: and NCTD's transportation system qualifies as a public transportation system, "as defined in Public Utilities Code Section 99211 as a "system of an operator which provides transportation services to the general public by any vehicle which operates on land or water"; and California Public Utilities Code section 99170, expressly prohibits certain acts "with respect to the property, facilities. or vehicles of a transit district"; and NCTD is also a "transit district," as defined in Public Utilities Code section 99213; and Public Utilities Code section 1251 OS(f) authorizes the Board to: "Do any and all things necessary to carry out the purposes of this division, including, but not limited to, adopting all ordinances and making all rules and regulations proper or necessary to regulate the use, operation, and maintenance of the district's property and facilities"; and Public Utilities Code section 125450 expressly provides penalties for violation of "any ordinance, rule or regulation" enacted by NCTD "relating to nonpayment of a fare in any transit facility owned or controlled by the board": and Public Utilities Code section 125451 prohibits any person from giving, either orally or in writing information to a public officer or employee engaged in the enforcement of State law and the rules and regulations adopted by NCTD under State law, if that person knows that the information is false; and NORTH COUNTY TRANSIT DISTRICT -....4iiillli WE 1\/10VE PEOPLE -Nov. 19, 2019 Item #11 Page 9 of 29 I. Public Utilities Code section 125452 states that a violation of any ordinance, rule, or regulation enacted by the NCTD Board prohibiting unauthorized operation or manipulation of transit facilities owned or controlled by the board, or prohibiting unauthorized tampering or interference with, or loitering in or about, transit facilities owned or controlled by the board, is an infraction or misdemeanor; and J. Public Utilities Code section 125453 states that a violation of any ordinance, rule, or regulation enacted by the NCTD Board prohibiting the unauthorized entering into, climbing upon, holding onto or in any manner attaching oneself to vehicles operated upon exclusive public mass transit guideways owned or controlled by the board, is an infraction or misdemeanor; and K. Penal Code section 369i states that any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner's agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty of a misdemeanor, punishable in accordance with Penal Code section 19; and L. Penal Code section 836.5 provides that a public agency such as NCTD may authorize, by ordinance, its public officers and employees to arrest a person, without a warrant. for committing a misdemeanor or infraction that is a violation of a statute or ordinance that the officers have a duty to enforce; and M. The Board of Directors of NCTD recognizes it has limited financial and operational resources available in terms of enforcement personnel and must utilize those limited resources effectively by authorizing its designated staff to exercise discretion in enforcement of applicable rules and regulations to best address the needs of the District and the public. N. The Board of Directors of NCTD desires to incorporate prohibitions of State law, adopt certain additional rules and regulations proper and necessary to regulate the use, operation and maintenance of NCTD's property and facilities, prohibit non-payment of fares, and authorize certain designated public officers and employees to arrest persons and issue citations, in accordance with Penal Code section 836.5. 0. The characteristics of commuter rail, such as COASTER, are intended to accommodate longer trips with relatively few train stops. To accommodate those operating characteristics, commuter trains typically include customer amenities such as tables, trash receptacles, and bathrooms that cannot be provided for on buses or light rail vehicles. Based on the aforementioned, the NCTD Board of Directors finds that COASTER customers are allowed to consume light meals or snacks and consume beverages contained in spill-resistant containers and soft-sided, single use/disposable containers made of paper, Styrofoam, light plastic. PVC, or similar materials, with friction sealed tops onboard COASTER. Section 1.2: Definitions The following terms as used in this Ordinance shall have the following meanings: A. Page 3 of 16 Alcoholic Beverage -"Alcoholic Beverage" means alcoholic beverage, or beverages, as defined in the Alcoholic Beverage Control Act, Business and Professions Code section 23000 et seq., as it may be amended in the future. NORTH COUNTY TRANSIT DISTRICT .... """' \!VE N10VE PEOPLE -Nov. 19, 2019 Item #11 Page 10 of 29 V. Property -shall mean any and all property owned and/or occupied by NCTD or its contractors. W. Rail Station -"Rail Station" shall mean and refer to a designated area marked by sign depicting a NCTD Rail line for the loading and unloading of passengers from, or onto, a train, which may or may not include a bench or shelter. X. Service Animal -"Service Animal" shall mean and refer to any animal trained to assist a disabled person in one or more daily life activities. Y. Smoke and/or Smoking -"Smoke" and/or "Smoking" shall mean and include (1) the carrying or holding of a lighted or activated pipe, cigar or cigarette of any kind; and/or (2) the carrying, holding, or use of an electronic cigarette, as defined in California Health & Safety Code section 119405, or any similar smoking device intended to emulate smoking, which permits a person to inhale fumes, vapors or mists, whether or not it includes nicotine. "Smoking" also includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant or any other combustible substance, or any electronic cigarette, hookah, or other similar device. a. "Hookah" -shall mean a glass filled pipe (a single or multi-stemmed instrument) used for vaporizing and smoking flavored tobacco (commonly called shisha) or other substances in which the vapor or smoke is passed through a water basin (often glass- based) before inhalation. b. "Electronic Cigarette" -shall mean an electronic or battery operated device with heating element, or electronic circuit, including every marketed or sold device such as hookah pens, electronic cigar, vape pipes, electronic hookahs and/or any other product name or descriptor, which device is intended to emulate smoking, and permits a person to inhale fumes, vapors or mists, whether or not it includes nicotine. Z. Spill-resistant container -"Spill-resistant container" shall mean a hard sided material, intended for repeated use, cup, bottle, mug, or vacuum flask with a hard top that screws or snaps on to seal and is designed to contain fluids in a manner to prevent unintentional spills or leaks. These are commercially known as "commuter" or "travel" cups or mugs. Soft sided, single use/disposable containers made of paper, Styrofoam, light plastic, PVC, or similar materials, with or without lightly constructed friction sealed tops do not meet the definition of "spill-resistant containers". AA. SPRINTER -"SPRINTER" shall mean and refer to the regional Train services operated between the cities of Oceanside and Escondido upon approximately 22 miles of trackage of the San Diego Northern Railroad, by or on behalf of NCTD. BB, Train -"Train" shall mean and refer to a vehicle operated upon rails in support of the movement of customers. CC. Transit Center -"Transit Center" shall mean and refer to a designated area marked by a sign depicting an NCTD facility for the loading and unloading of passengers from, or onto, a Bus or Train, which may or may not include a bench or shelter. P 6 f 16 NORTH COUNTY TJIANSIT PISTRICT .... ~ age O VVE lv10VE PEOPLE -Nov. 19, 2019 Item #11 Page 13 of 29 Section 2: Rules and Regulations Section 2.1: Incorporation of Prohibitions of State Law. Each of the following acts are unlawful pursuant to Penal Code section 640 and incorporated herein : A. Playing sound equipment, including but not limited to any radio, phonograph, tape player, disc player, smart phone, mp3 player or any similar instrument in a manner that is audible to any other person on or in any NCTD Facility or NCTD Vehicle. B. Smoking, as defined herein, in or on any NCTD Transit Facility, NCTD Property, NCTD Vehicle, Bus Stop or Transit Center unless within specified, lawfully designated areas. C. Eating in or on any NCTD Facility or NCTD Vehicle, except as provided herein. D. Consuming beverages in or on any NCTD Facility or NCTD Vehicle, except as provided herein. E. Expectorating upon any NCTD Facility or NCTD Vehicle. F. Willfully disturbing others on or in any NCTD Facility or NCTD Vehicle by engaging in boisterous or unruly behavior, including loud, lewd or lascivious behavior. G. Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in any NCTD Facility or NCTD Vehicle. H. Urinating or defecating in any NCTD Facility or NCTD Vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of disability, age, or a medical condition. I. Willfully blocking the free movement of another person in any NCTD Facility or NCTD Vehicle, except that this prohibition shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this State or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. J. Skateboarding, roller skating, Bicycle riding, or roller blading in any NCTD Facility or NCTD Vehicle, expressly includ ing any parking lot or parking structure, except that this prohibition shall not apply to an activity that is necessary for utilization of the NCTD Transit Facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a Bicycle or transporting a Bicycle aboard a NCTD Transit Vehicle, if that activity is conducted in accordance with the provisions of Section 2.2 below and in a manner that does not interfere with the safety of the bicyclist or other patrons of the NCTD Transit Facility. K. Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, In accordance with Section 99155 of the Public Utilities Code and posted NCTD identification policies when entering or exiting an NCTD Facility or NCTD Vehicle. Section 2.2: Rules and Reg ulations. Pursuant to Public Utilities Code sections 99170 and 125105, the Board of Directors of NCTD hereby adopts the following rules and regulations governing acts on or in NCTD Facilities or NCTD Vehicles, and expressly finds that the following regulations, and each of them, is proper and necessary to regulate the use, operation, and maintenance of NCTD's property and facilities. Page 7 of 16 NOIITH COUN"; TRANSi! DIS!RIC,: ..... <lilij V✓E N10VE PtOPLc 11!1111 Nov. 19, 2019 Item #11 Page 14 of 29 3. Interfere with the operator or operation of any NCTD Vehicle, or impede the safe boarding or alighting of Passengers. 4. Throw or project a stone, object or other missile at any NCTD Vehicle or at any person or thing in an NCTD Transit Facility. 5. Consume any Alcoholic Beverage or possess an open Alcoholic Beverage container on any NCTD Vehicle or on any NCTD Transit Facility, except on premises licensed therefore. 6. Put his or her foot on any seat provided for any Passengers at an NCTD Transit Facility or on an NCTD Vehicle or place any article on such seat, which would leave grease, oil, paint, dirt, or any other substance on such seat. 7. Discard, deposit, or abandon property, rubbish, trash, or debris at any NCTD Transit Facility or on any NCTD Vehicle except in appropriate waste receptacles. 8. Bring, carry onto or convey upon any NCTD Transit Facility or any NCTD Vehicle, any animal unless it is completely enclosed in a carrying case, which can be · accommodated in the lap of a Passenger with no danger or annoyance to other Passengers. This rule shall not apply to Service Animals; however, all Service Animals shall be properly harnessed to the extent possible. NCTD reserves the right to ask Passengers about the service status of any animal. 9. Violate a notice, prohibition, instruction, or direction on any sign that is intended to provide for the safety and security of transit Passengers, or the safe and secure operation of NCTD Facilities and NCTD Vehicles. 10. Fail or refuse to comply with any lawful order or direction of any Authorized Enforcement Personnel. 11. Commit any act or engage in any behavior that may, with reasonable foreseeability, cause harm or injury to any person or property. 12. Do, aid, abet, or assist in doing any act which may be dangerous, harmful, or injurious to any person or property within the NCTD Transit Facility or NCTD Vehicle, said act being not specifically prohibited herein. Section 2.3: Unauthorized Acts with Respect to NCTD Vehicles. In addition to the above, pursuant to Public Utilities Code sections 125452 and 125453, no person in or about any NCTD Transit Facilities or NCTD Vehicles shall: A. B. C. D. E. Page 9 of 16 Operate, interfere with, enter into, or climb on or in NCTD Transit Facilities or NCTD Vehicles without the authorization of NCTD. · Loiter about NCTD Transit Facilities without the authorization of NCTD. Injure, deface, loosen, remove, or tamper with any NCTD Transit Facility or NCTD Vehicles without the authorization of NCTD. · Injure, mutilate, deface, alter, change, displace, remove, or destroy any sign, notice, signal, or advertisement on any NCTD Transit Facility or NCTD Vehicles without the authorization of NCTD. Interfere with any lamp, electric light, electric fixture or wiring/conduit on any NCTD Transit Facility or NCTD Vehicles without the authorization of NCTD. NORTH COUNTY TRANSIT DISTRICT .......... WE lv10VE PEOPLE -Nov. 19, 2019 Item #11 Page 16 of 29 F. Interfere with a video-recording device on any NCTD Transit Facility or NCTD Vehicles without the authorization of NCTD. G. Write, paint, carve, or draw any inscription or figure on or deface any NCTD Transit Facility or NCTD Vehicles without the authorization of NCTD. Section 2.4: Proof of Fare Payment. Pursuant to Public Utilities Code section 125450, persons shall be permitted within a Fare Paid Zone or upon a NCTD Vehicle only upon payment of such Fares and while in possession of Proof of Fare Payment, and under such additional conditions as may from time to time be ordained by NCTD. It is unlawful for any person to refuse to pay, or evade or attempt to evade the payment of such Fares. No person shall evade the payment of a Fare of any NCTD Vehicle or NCTD Facility or misuse any transfer, pass, ticket, or token with the intent to evade the payment of a Fare of any NCTD Vehicle or NCTD Facility. At the request of any Authorized Enforcement Personnel, any Passenger within any NCTD Vehicle or NCTD Facility or any person within any Fare Paid Zone shall provide Proof of Fare Payment. Section 2.5: False Information. Pursuant to Public Utilities Code section 125451, no person shall give, either orally or in writing, information to any NCTD Transit Enforcement Officer if that person knows that the information is false. Section 2.6: Commercial Activities, Solicitation, and Expressive Activities. It is the policy of NCTD to reserve NCTD Vehicles and NCTD Transit Facilities for their intended travel-related purposes by limiting the use and conduct within the NCTD Vehicles and NCTD Facilities to those activities that will directly provide the traveling public with necessary services and. aid the traveling public in using NCTD Vehicles and NCTD Transit Facilities for their intended travel-related purposes as quickly and efficiently as possible. NCTD Vehicles and NCTD Transit Facilities were neither designed nor intended to be used by the public at-large as forums for expressive purposes but rather were designed and intended to be used and are used to facilitate, in the best and most efficient manner possible, successful transportation of members of the traveling public. Some groups, organizations, and persons use, have used, or wish to use NCTD Vehicles and NCTD Transit Facilities to sell goods, solicit funds and alms, request and accept monies, distribute literature and pamphlets, seek petition signatures, picket, demonstrate, display signs, conduct surveys, proselytize, or otherwise attempt to solicit information from the general public and/or NCTD personnel. The foregoing activities are conducted for purposes unrelated to transportation and contribute to congestion and significantly interfere with the efficient, effective, and safe use of those areas for their intended purposes, especially during peak hours of transit. Recognizing that: (1) interpersonal communication and informal discussions between and among groups, organizations, and persons within NCTD Vehicles and NCTD Transit Facilities neither can nor should be prohibited, and (2) areas outside NCTD Vehicles and NCTD Transit Facilities will accommodate Expressive Activities protected by the First Amendment of the United States Constitution, the NCTD adopts the following policy with respect to such activities: A. No group, organization, or person shall engage in any of the following activities: Page 10 of 16 1. Commercial Activities. No person shall engage in Commercial Activities within any NCTD Transit Facility or NCTD Vehicle. This rule shall not apply to advertisements or the sale of concessions under agreement with NCTD. 2. Solicitation. No person shall solicit goods, alms, or funds within any NCTD Transit Facility or NCTD Vehicle. NORTH COUNTY TRANSIT DISTRICT .... 2iililillij V\IE lv10VE PEOPLE -Nov. 19, 2019 Item #11 Page 17 of 29 3. Expressive Activities. Within any NCTD Transit Facility or NCTD Vehicle, no person shall conduct any Expressive Activities except in compliance with Section 2.6(8) below. B. Exception for Expressive Activities Conducted At Certain Times, Places, And Manner. The Expressive Activities listed therein may be conducted in compliance with all of the following guidelines: 1. TIME: Expressive Activities may not be conducted during the following times: 5:00 am to 8:30 am daily; 4:00 pm to 7:30 pm daily; during special events. 2. PLACE: Expressive Activities may be conducted only in predetermined locations at each station as such designated areas are designated in Exhibit "1," attached hereto and incorporated herein, so as to ensure the safety and efficient passage of transit patrons and participants in special events or activities. · 3. MANNER: All participants In Expressive Activities shall familiarize themselves with and at all times shall adhere to all local, State, and Federal laws and regulations with regard to personal behavior and safety, including but not limited to, California Penal Code sections 369i, 415 and 640(b ). Violations of applicable laws may result in eviction from NCTD property or arrest. In addition, no group, organization, or person shall interfere with, impede, or obstruct the safe or efficient passage of transit patrons or the work and duties of NCTD personnel. Section 3: Enforcement Section 3.1: Authority to Enforce. Authorized Enforcement Personnel are hereby empowered with the authority to patrol NCTD Vehicles and NCTD Transit Facilities for the protection of persons and property and to utilize discretion in ensuring compliance with the provisions of Section 2 above in accordance with the authority delegated to them and the instructions of NCTD, by educating the public on NCTD rules and regulations, giving warnings, or enforcing the penalties as set forth in Section 4. Section 3.2: Authority to Arrest. Pursuant to Penal Code sections 830.14(f) and 836.5, the Board of Directors of NCTD hereby authorizes NCTD Transit Enforcement Officers, as defined in Section 1.2 of this Ordinance, to enforce the regulations contained herein and to arrest a person without a warrant whenever the NCTD Transit Enforcement Officer has reasonable cause to believe that the person to be arrested has committed a violation of any provision or provisions of Section 2 above in the presence of the NCTD Transit Enforcement Officer. Section 3.3: Procedures. In the event a NCTD Transit Enforcement Officer arrests any person for violation of the provisions of this Ordinance pursuant to his or her authority under Section 3.2 above, the procedures set forth in Penal Code section 853.5 et seq. shall apply. Section 3.4: Reservation of Authority to Peace Officers and Private Persons. Nothing in this Ordinance shall limit or otherwise infringe upon the authority of an authorized Peace Officer to arrest persons pursuant to applicable law, nor the authority of private persons, including private security guards, to make a citizen's arrest pursuant to Penal Code section 837. Section 4: Penalties Section 4.1: Violation of Section 2.1. Violation of any provision of Section 2.1 is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for Page 11 of 16 NOIITH COUNTY .TRANSIT DISTRICT -...."""'I V\/E /v10VE PEOPLE -Nov. 19, 2019 Item #11 Page 18 of 29 whatsoever from exercising all reasonable care to avoid or prevent injury or damage to persons or property. Section 5.2: Notification to Public. NCTD shall provide reasonable notification to the public of the activities prohibited by th is Ordinance and the penalties for violations of those prohibitions. Section 5.3: Construction. In interpretation of this Ordinance, provisions shall be construed as follows: A. The present tense includes the past and future tenses; and the future, the present. B. The masculine gender includes the feminine and neutral. C. The singular number includes the plural, and the plural the singular. D. "Shall" is mandatory and "may" is permissive. E. Except as otherwise expressly provided, these rules and regulations are applicable and uniform on all NCTD Vehicles and NCTD Transit Facilities and throughout the NCTD jurisdictional area. F. Any requirement or provision of these rules relating to any prohibited act shall respectively extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of such act; or the permitting of the allowing of any minor in the custody of any person, doing any act prohibited by a provision hereof. G. Any act otherwise prohibited by these rules shall be lawful if performed under, by virtue of, and strictly in compliance with provisions of an agreement, permit, or license issued or approved by NCTD and to the extent authorized thereby. H. These rules are in addition to and supplement all applicable laws or ordinances. Section 5.4: Severability. The provisions of this Ordinance are severable. and if any of the provisions, clauses, sentences, subsections, sections, words, or parts thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, sections, words or parts of this Ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Ordinance would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, section, word or part had not been included therein or such person or circumstance to which the Ordinance or part thereof is held inapplicable has been specifically exempted therefrom. Section 5.5: Effective Date. This amended Ordinance shall b.e effective on April 7, 2019. REVISION RECORD: D ATE ISSUED REVISION No. COMMENTS 12/17/2009 ADOPTED 12/18/2014 1 AMENDED 2014 7/21/2016 2 AMENDED 2016 6/15/2017 3 AMENDED 2017 02/21/2019 4 AMENDED 2019 Page 13 of 16 NORTH COUNTY TRANSIT DISTRICT VVE .MOVE PEOPLE Nov. 19, 2019 Item #11 Page 20 of 29 NCTD ORDINANCE NO. 3 EXHIBIT NO. 1 Locations of Permitted Expressive Activities Designated "Expressive Activities" locations on NCTD property: Oceanside Transit Center: The designated expressive activities location is the quadrangle area bordered on the west by the east edge of the Amtrak platform canopy, south by the bicycle cover lockers area, east by the planter nearest the west wall of Burger King, and north by the rock garden area. Carlsbad Vi llage COASTER Station: The designated expressive activities location is the passenger drop-off area on the east side of the station between the north parking lot and the north entrance to the passenger area closest to the coffee vendor counter. Carlsbad Poinsettia COASTER Station: The designated expressive activities location is the passenger drop-off area east of the restrooms, between the south ramp to the platform, and extending north to the north wall of the restroom building. Encinitas COASTER Station: The designated expressive activities location is the area bordered by North D St. and South Vulcan Ave. on the south and east, the platform area to the west and the parking area to the north. Solana Beach .COASTER Station: The designated expressive activities location is the sidewalk between the Amtrak station and the passenger drop-off loop off North Cedros Ave. extending from the south planters to the north planters. Sorrento Valley COASTER Station: The designated expressive activities location is the sidewalk area east of the platform, south of the access ramp, and under the freeway overcrossing for a distance of 55 feet south of the south edge of the access ramp. Old Town Station and Santa Fe Depot Old Town Station and Santa Fe Depot are not owned by NCTD; thus, NCTD cannot designate areas at these facilities. Coast Highway SPRINTER Station : The designated expressive activities location is the upper platform area bordered by the alley way on the east, the parking lot to the north, and the 3rd planter from the alley. Crouch Street SPRINTER Station: The designated expressive activities location is the sidewalk in the south parking area bordered by Crouch Street on the east, the planter on the north, and the narrowing of the walkway to the west. Page 14 of 16 NORTH COl,INTY TRAHSIT DISTRICT -....:~ Vv'E MOVE PEOP!_E -Nov. 19, 2019 Item #11 Page 21 of 29 El Camino Real SPRINTER Station: The designated expressive activities location is the triangular cement area border by the parking to the west, the drive area to the north, the bicycle lockers to the south, and the ticket vending machines (TVMs) to the east. · Rancho Del Oro SPRINTER Station: The designated expressive activities location is the sidewalk area of the parking lot on the east side of the spaces, from the driveway north to the end of the walkway. College Blvd. SPRINTER Station: The designated expressive activities location is the walkway area on the south of the parking lot between the planter to the west and the TVM to the east. Melrose Drive SPRINTER Station: The designated expressive activities location is bordered by the walkway on the south side of the parking lot, the parking spaces to the east, the fence to the south, and the access ramp to the west. Vista Transit Center: The designated expressive activities location is bordered by the sidewalk area just east of the SPRINTER Platform in the parking lot, north of the bicycle lookers and south of the large planter on the north side of the handicapped parking spaces. Vista Civic Center (Escondido Ave.) SPRINTER Station: The designated expressive activities location is the walkway bordered by Civic Center Drive on the west, the parking areas to the south, the fence to the north, and the east end of the mechanical boxes along the north side. Buena Creek SPRINTER Station: The designated expressive activities location is the walkway north of the platform starting at the first planter and continuing east to the east end of the westernmost canopy. Palomar College SPRINTER Station: The designated expressive activities location is the cement area located at the bottom of the platform steps, extending to the beg inning of the drop off lane and bordered on the east by the parking spaces. San Marcos Civic Center SPRINTER Station: The designated expressive activities location is the walkway area on the south side of the station, bordered by the eastern most bicycle lockers to the north and west, the dirt lot (future parking lot) to the south, and the sidewalk along East San Marcos Blvd. to the east. Cal State San Marcos SPRINTER Station: The designated expressive activities location is the cement area located at the corner of E. Barham Drive to La Moree Road to the north and east, bordered by the planters to the west and the bicycle lockers to the south. Nordahl SPRINTER Station: The designated expressive activities location is the paved area north of the station between the sidewalk along W. Mission Road, from the east platform entrance to the east edge of the second canopy to the west. Page 15 of 16 NORTH COUNTY TRANSIT DISTRICT ..... Zlliiiii 1/1/E lv1CVE PEOPLE -Nov. 19, 2019 Item #11 Page 22 of 29 Escondido Transit Center: The designated expressive activities location is the area bordered by N. Quince St. on the east, W. Valley Parkway on the south, the south edge of the nearest tower to that intersection to the north, and the west edge of that tower to the west. San Luis Rey Transit Center: The designated expressive activities location is the level paved area at the west end of the property, south of the Transit Center sign, west of the raised masonry planters, and north of the concrete stairway. The area is adjacent to the intersection of North River Road and Vandergrift Boulevard. Page 16 of 16 NORTH COUNTY TRANSIT DISTRICT ......... WE /ViOVE PEOPLE -Nov. 19, 2019 Item #11 Page 23 of 29