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HomeMy WebLinkAbout102 - 08/19/2014 - AMENDING THE FORT COLLINS TRAFFIC CODE REGARDING PAYMENT OF FARES FOR USE OF PUBLIC TRANSPORTATION V 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: _ 1 _ 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. - 2 - 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 the I9th day of August, A.D. 2014. \� 1 OFF G: T ayor Po TernATTEST: : ;p n �- ,r :tn City Clerk Passed and adopted on final reading on the 19th day of August, A.D. 2014. Mdyor ATTEST: �oF FORT CO City Clerk C04oRP'0 3