HomeMy WebLinkAbout2019-11-19; City Council; Resolution 2019-240RESOLUTION 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.
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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
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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
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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.
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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.
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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.
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