HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2014 - FIRST READING OF ORDINANCE NO. 102, 2104, AMENDINGAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY July 15, 2014
City Council
STAFF
Carol Thomas, Transfort Safety Security Training Manager
SUBJECT
First Reading of Ordinance No. 102, 2104, Amending the Fort Collins Traffic Code Regarding Payment of
Fares for Use of Public Transportation Vehicles.
EXECUTIVE SUMMARY
The purpose of this item is to provide local legislation specific to fare payment requirements on public
transportation. This proposed Traffic Code is intended to provide local legislation specific to fare payment
requirements on public transportation. This Traffic Code amendment is patterned after an existing Colorado
statute that directly addresses fare payment requirements on public transportation; a local code would provide
due process of fare violations through Municipal Court.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Standard public transit vehicles have an on-board fare box through which fare payment is accounted for: upon
boarding, customers deposit a cash fare, slide a transit pass or show a youth ID, which is monitored by the bus
operator.
In May 2014, the City launched a bus rapid transit (BRT) system that accounts for fares in a different way.
Similar to light rail systems, BRT vehicles do not have in-vehicle fare boxes; instead, customers purchase a
single fare or transit pass before boarding, at ticket vending machines that are located on each platform and at
transit centers. An off-board payment system significantly speeds up the boarding process since customers
may board through any door, but it requires legal enforcement since there isn’t a fare box. Enforcement of valid
fare payment on BRT will be carried out through random fare checks by authorized transit staff (Transit Service
Officers) and/or public law enforcement officials, who will issue citations for fare violations; adoption of a local
Traffic Code will allow these violations to be processed through Municipal Court.
The BRT introductory fare-free period will end in August 2014, at which time customers will be required to
purchase a fare prior to boarding. This is a new type of payment system, and in light of this, Transfort will
utilize a phased enforcement approach that will begin with public outreach and education.
The adoption of this new Traffic Code provision, which is patterned from the state statute on the same topic
(Section 42-4-1416, C.R.S), will permit citations to be written into Municipal Court.
FINANCIAL / ECONOMIC IMPACTS
Under the adoption of a City Traffic Code, all collected fines would go to the City’s General Fund.
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ORDINANCE NO. 102, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE
REGARDING PAYMENT OF FARES
FOR USE OF PUBLIC TRANSPORTATION VEHICLES
WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the City Council
adopted the Fort Collins Traffic Code (the “Traffic Code”); and
WHEREAS, in May, 2014, the City launched a bus rapid transit service with an off-board
fare payment system where customers will purchase fares prior to the boarding of buses and
receive a proof of payment document at the time of purchase; and
WHEREAS, this off-board fare payment system will require enforcement by Transit
Service Officers when proof of payment is not monitored by bus operators through a fare box;
and
WHEREAS, a phased enforcement approach will be utilized so that the public is
familiarized with and educated about the fare purchase process and the need to produce proof of
fare payment when requested by City enforcement personnel; and
WHEREAS, those enforcing the fare payment process need a clear, efficient, and fair
process for issuing citations into Municipal Court when other enforcement methods have not
been successful; and
WHEREAS, Section 42-4-1416, C.R.S. of the Colorado state traffic code provides a
model for the enforcement in those situations where persons fail to present valid transit passes
when riding buses; and
WHEREAS, the adoption of a provision similar to that in the Colorado state traffic code
in the City’s Traffic Code will provide a clear, efficient, and fair method of enforcing the fare
payment requirements in the City’s Municipal Court; and
WHEREAS, the City Council has determined that the Traffic Code amendment that has
been proposed is in the best interest of the City and is necessary for the health, safety and welfare
of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 1416 of the Fort Collins Traffic Code is hereby renumbered
to Section 1417.
Section 2. That a new Section 1416 of the Fort Collins Traffic Code is hereby
adopted to read as follows:
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1416. Failure to pay fare or present a valid transit pass.
(1) A person commits failure to present a valid transit pass if the person occupies,
rides in, or uses a public transportation vehicle without paying the applicable fare or
providing a valid transit pass.
(2) A person shall not occupy, ride in, or use a public transportation vehicle without
paying the applicable fare at the time of boarding the public transportation vehicle or
without having possession of proof of prior fare payment. A person shall present proof of
prior fare payment upon demand of a transit service officer, peace officer, or any other
employee or agent of a public transportation entity.
(3) A violation of this section is a traffic infraction.
(4) As used in this section, unless the context otherwise requires:
(a) "Proof of prior fare payment" means:
(I) A transit pass valid for the day and time of use;
(II) A receipt showing payment of the applicable fare for use of a
public transportation vehicle during the day and time specified in
the receipt; or
(III) A prepaid ticket or series of tickets showing cancellation by a
public transportation entity used within the day and time specified
in the ticket.
(b) "Public transportation entity" means a mass transit district, mass transit
authority, or any other public entity authorized under the laws of this state
to provide mass transportation services to the general public.
(c) "Public transportation vehicle" means a bus, train, light rail vehicle, or any
other mode of transportation used by a public transportation entity to
provide transportation services to the general public.
(d) "Transit pass" means any pass, coupon, transfer, card, identification,
token, ticket, or other document, issued by a public transportation entity or
issued pursuant to an agreement with a public transportation entity, used to
obtain public transit.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D. 2014, and to be presented for final passage on the19th day of August, A.D. 2014.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk