Ordinance Manual

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CHAPTER 1
ADOPTION, DEFINITIONS, CLARIFICATIONS

Section 1. Adoption
The Board of Directors of Utah Transit Authority, a public transit district established pursuant to the Public Transit District Act, Utah Code Ann. 17A-2-1001, et seq. (the "Act"), has found that the continued orderly operation of the District and the comfort, safety, and well-being of transit passengers, transit employees, and the public in general requires that orderly conduct be maintained. The Board, pursuant to Utah Code Ann. 17A-2-1039, hereby adopts the following safety, fare enforcement and parking enforcement Ordinance. Fines and penalties for violations of this Ordinance are civil penalties and are in addition to any criminal penalties that may apply. This Ordinances will remain in effect until such time as it is amended or repealed. The General Counsel of Utah Transit Authority is hereby charged with codifying the Ordinance into a publishable format that allows for citation by reference to specific section numbers.

Section 2. Definitions
a. "Authorized UTA Representative" includes any UTA employee or agent who is authorized by job description, title, specific assignment, or request of the Board to act under this Ordinance.

b. "Board of Directors" or "Board" means the governing body of UTA created by Utah Code Ann. 17A-2-1038.

c. "Boarding Zone" means any area used for the loading and unloading of passengers from a Transit Vehicle, including a reasonable area immediately adjacent to such location.

d. "General Counsel" means the General Counsel of UTA appointed by the Board.

e. "General Manager" means the General Manager of UTA appointed by the Board.

f. "Graffiti" means any form of unauthorized marking (including, but not limited to, printing, writing, spraying, scratching, affixing, or inscribing) on the property of UTA regardless of the content or nature of the material used in the commission of the act.

g. "Fine Administrator" means the individual authorized by the Board to administer the fine, protest and appeal process set forth in this Ordinance.

h. "Infraction" means an offense designated as an infraction under this Ordinance.

i. "Juvenile" means a person under the age of 18 years.

j. "Operator" means a person who operates a Transit Vehicle.

k. "Ordinance" means all, or one or more Chapters or Sections of this Ordinance, enacted by the Board by the authority vested in it by Utah Code Ann. 17A-2-1039.

l. "Peace Officer" means a Transit Public Safety Officer, and such other persons designated as law enforcement officers in Utah, including, but not limited to sheriff, constable, marshal, municipal police officer, member of the Utah State Highway Patrol, or other special function officer.

m. "Person" or "persons" include individuals, corporations, associations, firms, partnerships, and any other legal entity.

n. "Private Vehicle" means any device other than a Transit Vehicle by which any person or property is or may be transported except for wheelchairs, electric scooters, or other modes used by disabled persons.

o. "Proof of Fare Payment" means a TRAX ticket or bus transfer issued and used within the time and date designated on the ticket, or any annual, monthly, Eco, summer, or other pass valid for the date of travel.

p. "Protest Committee" means a three-member committee appointed by the President of the Board to review the protest and the decision of the Fine Administrator. Members of the Protest Committee need not be UTA Board Members.

q. "Reasonable area" means an area within 20 feet of a Transit Facility.

r. "Right-of-Way" means the line rail tracks and immediately adjacent property owned in whole or in part by UTA along the light rail corridor from 7th South in Salt Lake City to 100th South in Sandy, and any other right-of-way purchased by UTA for use in any fixed guideway system.

s. "Safety Zone" means an area immediately adjacent to each side of UTA rail tracks either delineated by rail crossing signals, or if none is present, an area of 15 feet from the closest rail.

t. "Service animal" means any animal trained to assist a disabled person in one or more daily life activities.

u. "Transit Facility" means a Transit Vehicle, transit station, depot, fixed guideway system, intermodal center, Boarding Zone, passenger waiting shelter, platform, ticket or information office, UTA Parking Facility, or other facility owned or operated in whole or in part by or on behalf of UTA.

v. "Transit Public Safety Officer" means a security officer who is employed by UTA or provided by contract to UTA and who is a special function officer under Utah Code Ann. 53-13-105 subject to the provisions of that section.

w. "Transit Vehicle" means any vehicle operated as public transportation by UTA, including but not limited to a passenger bus, coach, light rail or other fixed guideway system vehicle, or van.

x. "TRAX" means UTA's light rail system.

y. "TRAX Vehicle" means any light rail or other fixed guideway system vehicle operated by UTA.

z. "UTA" means Utah Transit Authority, a public transit district organized under Utah Code Ann. 17A-2-1001, et seq.

aa. "UTA Parking Facility" means any parking lot, park-and-ride lot, and/or adjoining walkways and facilities owned or operated in whole or in part by or on behalf of UTA.

bb. "Weapon" means any firearm, knife, or any other object with the potential to harm which is used with the intent to cause harm or to threaten harm to another person. Weapon also means any object that gives the appearance of being a actual weapon such that a reasonable person would believe it to be an actual weapon and that a threat exists.

Section 3. Status of Transit Public Safety Officers as Special Function Officers; UTA Authorization
a. Transit Public Safety Officers are special function officers, and as such may exercise that spectrum of peace officer authority that has been designated by statute to UTA, and only while on duty, and not for the purpose of general law enforcement.
b. UTA authorizes its Transit Public Safety Officers to perform security functions respecting UTA facilities or property. These powers may be exercised only in connection with acts occurring on UTA property where the officer is employed or when required for the protection of the UTA’s interest, property, or employees.
c. UTA further authorizes its Transit Public Safety Officers to carry firearms while on duty to UTA, and only as authorized and under conditions specified by UTA’s Board of Trustees or General Manager.
d. A Transit Public Safety Officer may not exercise the authority of a special function officer until:
a) The officer has satisfactorily completed an approved basic training program for special function officers as provided under § 53-13-105(4) or
b) The officer has satisfactorily completed an approved basic training program for special function officers at a certified law enforcement officer training academy or pass a certification examination as provided in § 53-6-206; and
c) The chief law enforcement officer or administrator has certified this fact to the Trustee of the division.
e. Each Transit Public Safety Officer shall satisfactorily complete in-service training which shall consist of no fewer than 40 hours per year and may be conducted by UTA’s own staff or other agencies.


Section 4. Clarifications and Interpretations
a. The singular number may include the plural and the plural number, the singular.
b. Words used in the masculine gender include the feminine and the neuter.
c. The words “will” and “must” are mandatory rather than discretionary.
d. Present tense includes future.
e. Reference to any portion of this Ordinance includes later amendments to that portion or to any part contained in it.
f. Prohibitions within this Ordinance do not apply to Transit Public Safety Officers, UTA employees or agents, and other Peace Officers acting within the scope of their employment.
g. It is intent of the Board, in the adoption of these or any subsequent Ordinance, that if any part of the Ordinance is held unconstitutional or otherwise invalid, the remaining parts will remain in force unless:
i. The Ordinance section provides otherwise;
ii. The remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional or invalid part that it is apparent that the remaining part or parts would not have been enacted without the unconstitutional or invalid part; or
iii. The remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the Board’s intent.
h. Title heads, chapter heads, section and subsection heads or titles and any explanatory notes do not constitute any part of this Ordinance.
i. UTA’s General Counsel will codify all future ordinances of general applicability into this Ordinance. In codifying, no changes will be made in the substance of any Ordinance, but renumbering, rearranging and correcting clerical error are specifically authorized. This original Ordinance enactment by the Board is considered the primary legislative act, while codification of Ordinances is an authorized administrative function. In case of substantive conflict between an Ordinance and its codified counterpart, the Ordinance will control. It is the intent of the Board that this Ordinance will be liberally construed to effectuate their purpose and the Board’s policies.
j. No ordinance will be created or interpreted to require UTA to refuse service to any disabled person or prohibit an individual with a disability from traveling with a respirator or portable oxygen supply, consistent with applicable Department of Transportation rules on the transportation of hazardous materials (49 CFR).


CHAPTER 2
REGULATIONS GOVERNING FARE PAYMENT

Section 1. Fare Payment
Fare payment can be made by depositing cash into a bus's fare box, by possessing a ticket or transfer ticket from a Transit Vehicle issued and used within the time and date designated on the ticket, or by possessing an annual, monthly, Eco, summer, or other pass valid for the date of travel.

Section 2. Class 1 Infractions
No person shall:

a. Occupy or ride in any Transit Vehicle that requires a fare without payment of the applicable fare.

b. Fail to exhibit Proof of Fare Payment upon request of a Transit Public Safety Officer or Authorized UTA Representative when occupying or disembarking from a Transit Vehicle which utilizes prepaid tickets.

Section 3. Class 1A Infractions
No person shall:

a. Refuse to disembark a Transit Vehicle or Transit Facility upon demand of a Transit Public Safety Officer or Authorized UTA Representative.

b. Fail to provide his or her name, address, and identification to a Transit Public Safety Officer, or Authorized UTA Representative upon request.


CHAPTER 3
REGULATIONS GOVERNING PARKING FACILITIES AND BOARDING ZONES
Section 1. Designated Parking Areas and Traffic Control
a. The General Manager will designate by the posting and maintenance of conspicuous signs areas within a UTA Parking Facility to be used for:

i. Disabled parking;

ii. Short-term passenger loading and unloading parking;

iii. Bicycle parking;

iv. Carpool or Rideshare parking;

v. Boarding Zones and bus turn-around areas;

vi. Such other uses and conditions of use as the General Manager deems appropriate.

b. The General Manager may establish and conspicuously post and maintain appropriate traffic control signals and signs as may be deemed necessary to direct and regulate traffic upon the premises of any UTA Parking Facility.

Section 2. Class 2 Infractions
No person shall:

a. Park a Private Vehicle upon the premises of a UTA Parking Facility in a manner contrary to any posted restriction.

b. Park a Private Vehicle in such manner that it occupies more than one designated parking space or extends beyond the space line of a designated parking space of any UTA Parking Facility.

c. Park a Private Vehicle upon a UTA Parking Facility for the primary purpose of exhibiting the vehicle for sale.

d. Park a Private Vehicle upon a UTA Parking Facility in such manner that the vehicle blocks access to a marked pedestrian walkway, traffic lane, or Boarding Zone.

e. Disobey the instructions of any traffic signal, sign or marker placed in accordance with the provisions of this Chapter unless otherwise directed by a Transit Public Safety Officer, other Peace Officer, or Authorized UTA Representative.

Section 3. Class 2A Infractions
a. No person shall:

i. Stop or park a Private Vehicle within an area of road designated as a Boarding Zone.

ii. Interfere with the loading or unloading of passengers at any Boarding Zone.

iii. Operate upon the premises of a UTA Parking Facility go-carts, skate boards, or any motorized vehicle, except mobility aids for the disabled, not licensed to be operated upon the public highway.

iv. Drive a Private Vehicle within a UTA Parking Facility in a reckless or hazardous manner.

v. Drive a Private Vehicle within a UTA Parking Facility at more than the posted speed.

vi. Operate a motor vehicle upon the premises of a UTA Parking Facility in violation of any Utah law regulating the operation of a motor vehicle.


CHAPTER 4
REGULATIONS GOVERNING USE OF FACILITIES

Section 1. Use of Transit Facilities
No person shall occupy or use a Transit Facility except as authorized by this Chapter.


Section 2. Infractions
Any person violating any provision of this Chapter may be charged with a Class 3 Infraction.


Section 3. Authorized Transit Uses
Persons are authorized to use a Transit Facility to board, disembark, or wait for a Transit Vehicle, obtain customer service or transit information, purchase fare payment passes, tickets or tokens, or undertake other transit activities.

Section 4. Authorized Nontransit Use
a. Except as expressly authorized by this Chapter, no person shall engage in any nontransit use of a Transit Facility. Nontransit use is a noncommercial activity not directly related to the use of a Transit Facility for public transit.

b. The following activities are deemed "Authorized Nontransit Uses" that are permitted by UTA to be conducted upon Transit Facilities in a manner consistent with this section 4,

i. public speaking;

ii. distribution of written noncommercial materials;

iii. artistic performances;

iv. solicitation for religious or political causes;

v. solicitation for charities that (1) are duly registered as charitable organizations with the State of Utah under the Charitable Solicitations Act, Utah Code Ann. 32-22-1, et seq., or (2) are exempt from federal tax under the United States Internal Revenue Code.

c. Authorized Nontransit Uses may be conducted in the transit system except when on or within a Transit Vehicle, the fixed guideway system, or any area not generally open to the public or not currently in service to the public. In no event will an activity be permitted in a location or in a manner which interferes with or impedes transit services, public safety, or the movement of passengers.

d. Activities which create noise, including the use of amplification devices of any kind, which could interfere with any announcement made over UTA's public address system or by a Transit Public Safety Officer or by a UTA employee are not permitted.

Section 5. Unauthorized Commercial Activities
Unless duly authorized by UTA, no person shall engage in any commercial activity upon any Transit Facility or Transit Vehicle. Commercial activities include:

i. The advertising, display (including the use of news racks and kiosks), sale, lease, offer for sale or lease, or distribution of food, goods, newspapers, services or entertainment (including the free distribution of promotional goods or materials);

ii. The solicitation of money or payment for food, goods, services or entertainment.

Section 6. Compliance with UTA Ordinances and other laws
a. All persons on or in any Transit Facility or Transit Vehicle shall:

i. Comply with all lawful orders and directives of any Transit Public Safety Officer or Authorized UTA Representative acting within the scope of his or her employment;

ii. Obey any instructions on notices or signs duly posted on any Transit Facility or Transit Vehicle; and

iii. Provide accurate, complete and true information or documents requested by Transit Public Safety Officers or Authorized UTA Representatives acting within the scope of their employment and otherwise in accordance with law.


CHAPTER 5
REGULATIONS GOVERNING CONDUCT ON DISTRICT PROPERTY


Section 1. Class 3 Infractions
a. Alcoholic and Tobacco. No person shall possess an open container of alcoholic beverage on a Transit Vehicle or within a Transit Facility. No person shall ingest intoxicating liquor, or smoke tobacco or other products in or upon any Transit Vehicle or Transit Facility. Any person reasonably believed to be unlawfully under the influence of alcohol may be refused admittance to any Transit Facility or Transit Vehicle.

b. Animals. No person shall bring or carry aboard a Transit Vehicle any live animal other than a service animal, except that the Operator, Transit Public Safety Officer, or Authorized UTA Representative may give permission for a non-service animal to be brought into a Transit Vehicle as long as such animal remains in an enclosed carry-on, does not obstruct the free movement of passengers within any Transit Vehicle or Transit Facility, and does not create a nuisance to the Operator or passengers.

c. Bicycles. The General Manager may promulgate administrative rules allowing transport of bicycles on Transit Vehicles and the use of bicycles at Transit Facilities. No person shall bring aboard or possess a bicycle on a Transit Vehicle or Transit Facility in violation of UTA's administrative rules.

d. Elderly and Disabled Seating. No person shall fail to vacate seats reserved on a Transit Vehicle for the disabled and those qualified for senior discount transit fares, when requested to do so by a Transit Public Safety Officer, Operator, or Authorized UTA Representative. If all such seats are held by senior or disabled persons, the Transit Public Safety Officer, Operator or Authorized UTA Representative may designate additional seating as reserved.

e. Feet on Seats. No person shall place their feet on the seats of any Transit Vehicle.

f. Food and Beverages. No consumption of food or beverage is allowed on a Transit Vehicle. No person shall bring food or beverage aboard a Transit Vehicle that is not kept in an enclosed container. This restriction does not preclude groceries being transported from a grocery store.

g. Impersonation of UTA Employee or Transit Public Safety Officer. No person shall falsely hold themselves out to be an employee of UTA or a Transit Public Safety Officer.

h. Littering. No property, rubbish, trash, or debris may be discarded, deposited, or abandoned in or upon a Transit Vehicle or Transit Facility other than in a proper trash receptacle provided for that purpose.

i. Loitering. No person shall loiter in or about a transit facility in a manner and under circumstances manifesting the purpose to engage in acts of misconduct including, but not limited to, exhibitionism, solicitation, malicious mischief, or acts of indecent exposure.

j. Packages. No person shall bring or carry aboard a Transit Vehicle any package or article of a size which will block any aisle or stairway on the vehicle.

k. Posting Notices. No unauthorized person shall place, permit or cause to be placed any notice or advertisement upon any Transit Vehicle or Transit Facility.

l. Restroom Facilities. No person shall deface, destroy, litter in, or otherwise misuse the restroom facilities located at any Transit Facility.


Section 2. Class 4 Infractions
a. Breach of the Peace and Disorderly Conduct. No person shall threaten to breach or breach the peace on any Transit Vehicle or in any Transit Facility.

i. No person may knowingly create a hazardous or physically offensive condition upon any Transit Vehicle or within any Transit Facility, including by:
(a) Brandishing or discharging a firearm;
(b) Brandishing, threatening with or assaulting any person with any weapon;
(c) Brandishing, threatening with, or igniting any flammable substance;
(d) Spitting, defecating, urinating or discarding any offensive substance in or upon a Transit Vehicle, Transit Facility, or any person;
(e) Initiating or circulating a report, knowing it to be false, concerning an alleged or impending fire, explosion, bomb, crime, catastrophe or other emergency;
(f) Activating the "emergency stop" device of a Transit Vehicle in the absence of an emergency;
(g) Subjecting any other person to offensive physical contact, extortion, harassment, intimidation; or
(h) Engaging in lewd or obscene behavior.

ii. No person shall, with the intent of causing public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, within any Transit Vehicle or Transit Facility:
(a) Engage in fighting, or violent, tumultuous, or threatening behavior;
(b) Make excessive and unnecessary noise;
(c) Use abusive, obscene, profane, or vulgar language, or make obscene gestures;
(d) Obstruct the free unimpeded movement of passengers or Transit Vehicles; or
(e) Interfere with the duties of any Operator, Fare Inspector, Transit Public Safety Officer, or Authorized UTA Representative.

b. Failure to Obey Reasonable Requests. No person shall fail to obey a reasonable request or lawful directive of an Operator, Authorized UTA Representative, Transit Public Safety Officer, or other person in charge or control of a Transit Vehicle or Transit Facility.

c. Graffiti. No person shall cause Graffiti to be inscribed, applied, or affixed on any Transit Vehicle, Transit Facility, or other UTA property.

d. Safety. No person shall:

i. Extend any portion of his body through any door or window of a Transit Vehicle while it is in motion;

ii. In any manner hang onto, or attach himself to, any exterior part of a Transit Vehicle;

iii. Enter or exit a Transit Vehicle with a carriage or stroller unless such item is folded and unoccupied. Carriages and strollers must not obstruct the free movement of passengers within any Transit Vehicle or Transit Facility;

iv. Enter upon or remain upon the Right-of-Way of the TRAX rail line so as to create a hazard to that person or to interfere with the passage of a TRAX vehicle;

v. Stop or park a Private Vehicle on a TRAX rail line, Boarding Zone, or Safety Zone;

vi. Ride a skateboard, roller skates, or roller blades upon any Transit Vehicle or Transit Facility;

vii. Have or cause any Private Vehicle, including off-road or all-terrain vehicles, to be driven on any Right-of-Way not specifically designated as a railway crossing;

viii. Travel in any mode, including pedestrian, bicycle, equestrian, roller skate, rollerblade, upon any Right-of-Way not specifically identified and designated as a "path" or for that specific purpose;

ix. Place any object on any portion of any Right-of-Way that will in any way interfere with the safe and uninterrupted passage of a Transit vehicle;

x. Knowingly throw an object at or from a Transit Vehicle or any part of a Transit Facility or at any person on a Transit Vehicle or at a Transit Facility;

e. Trespass.

i. No unauthorized person may enter a Transit Vehicle, Transit Facility, Right-of-Way or any other UTA property, or remain on property as to which notice against entering is given by:
(a) personal communication to the person by a Transit Public Safety Officer, any other Peace Officer, Operator, or Authorized UTA Representative;
(b) fencing or other enclosure designed to exclude intruders; or
(c) posting of signs reasonably likely to come to the attention of intruders.

ii. No unauthorized person shall enter or remain unlawfully in or upon a Transit Vehicle or Transit Facility when the premises or any portion thereof at the time of the entry is not open to the public.

iii. No person may enter a Transit Vehicle, Transit Facility, Right-of-Way or other UTA property with intent to cause annoyance or injury to any person, to cause damage to any property, to commit any crime, or with reckless disregard as to whether his presence will cause fear for the safety of another.

Section 3. Class 5 Infractions
a. Arson and Reckless Burning. No person shall unlawfully or intentionally damage a Transit Vehicle or Transit Facility by means of fire or explosives, or recklessly start a fire or cause an explosion which endangers human life or damages UTA property.

b. Controlled Substances. No person unlawfully under the influence of a controlled substance as defined in Utah Code Ann. 58-37-2 may enter or be upon any Transit Vehicle or Transit Facility. No person may ingest any controlled substance, unless prescribed by a physician or medical facility, on any Transit Vehicle or Transit Facility.

c. Destruction of Property. No person shall mutilate, deface or destroy any Transit Vehicle or Transit Facility, including any sign, notice or advertisement posted by UTA or located on any Transit Vehicle or in any Transit Facility, or on any other transit property.

d. Mischief. No person shall unlawfully tamper with any Transit Facility, Transit Vehicle or other UTA property, or recklessly cause or threaten a substantial interruption or impairment of any UTA service.

e. Service Interference. No person may interfere with the provision of transit service or obstruct the flow of traffic on Transit Facilities or Transit Vehicles or in any way interfere with the safe and efficient operation of the Transit Facilities or Transit Vehicles of UTA.

f. Un-punched TRAX Ticket or Bus Transfer. No person shall, without proper authority, possess an un-punched UTA TRAX ticket or bus transfer, nor shall any person tender a TRAX ticket or bus transfer as proof of fare payment if the TRAX ticket or bus transfer was not furnished to that person by UTA. Possession of an un-punched TRAX ticket or bus transfer by any person whose possession of the ticket or transfer is not in the course and scope of employment as a UTA employee will be prima facie evidence that the transfer is stolen and possessed without proper authority.

g. Vandalism. No person may vandalize or attempt to vandalize any Transit Facility or Transit Vehicle, or perform any act which causes or may tend to cause damage to any Transit Facility or Transit Vehicle.

Section 4. Class 6 Infractions
a. Assault on a Transit Public Safety Officer. The safety and well being of UTA's Transit Public Safety Officers is crucial to the safety and well being of all UTA employees and passengers. Any assault on a Transit Public Safety Officer will be met with immediate total permanent exclusion to the Transit System. Such violator will be subject to immediate detention, arrest, and prosecution under Utah Code Ann. 76-5-102.4.

b. Bombing or Placing Bomb or Explosive. No person may bomb or place any bomb or other highly explosive substance or device in, upon or near any Transit Facility or Transit Vehicle.

c. Firearms and Missiles. No person may discharge a firearm or hurl a missile at or into any Transit Facility or Transit Vehicle.

d. Illegal Control of Vehicle. No person shall seize or exercise control, by force or violence or threat of force or violence, of any Transit Vehicle. No person shall intimidate, threaten, or commit assault or battery toward any Operator, Transit Public Safety Officer, Authorized UTA Representative, or any other individual legally in control of a Transit Vehicle so as to interfere with the performance of that individual's duties.

e. Illegal Control of Facility. No person shall seize or exercise control over any Transit Facility, whether by force or violence, or threat of force or violence. No person shall intimidate, threaten, or commit assault or battery toward any Transit Public Safety Officer, Operator, other UTA employee or Authorized UTA Representative, or any member of the public, so as to interfere with UTA's transit operations.

f. Weapons. No person may enter a Transit Facility or board a Transit Vehicle with a concealed dangerous weapon or firearm, except persons holding a valid permit to carry a concealed weapon, and except as otherwise permitted by law.

g. Other Class 6 Infractions. Any action by any person on any Transit Vehicle, Transit Facility, or other UTA property considered a Misdemeanor or Felony under State law, will also be an Infraction under this Ordinance.


CHAPTER 6
ENFORCEMENT

Section 1. Assistance and Cooperation by Local Law Enforcemen
Transit Public Safety Officers pursuant to UTA policies, will call local law enforcement agencies in the enforcement of this Ordinance and State and local laws as situations suggest.

Section 2. Citations
A Transit Public Safety Officer may issue a UTA citation for violation of this Ordinance constituting an Infraction if the issuing officer has reason to believe that such a violation has occurred.

Section 3. Exclusions
As provided in Chapter 8, a Transit Public Safety Officer or Authorized UTA Representative may exclude persons from the Transit System.


Section 4. Detention and Arrest
A Transit Public Safety Officer, Peace Officer, Operator, or Authorized UTA Representative may detain a person reasonably believed to have violated this Ordinance, or a Misdemeanor or Felony under State law, until local law enforcement arrives to take custody of the violator. Transfer to local law enforcement control will be done as soon as reasonably possible.

Section 5. Juvenile Arrest
A juvenile who has violated this Ordinance or committed a misdemeanor or felony may be detained and then transferred to local law enforcement control as soon as reasonably possible.

Section 6. Removal of Violators, Refusal of Service
A Transit Public Safety Officer, other Peace Officer, Operator, or Authorized UTA Representative may refuse entrance into or require departure from a Transit Vehicle or Transit Facility of any person who violates any provision of this Ordinance, or who is reasonably believed to be in violation of any provision of this Ordinance, regardless of presentation of pass, transfer, ticket, or payment of fare.

Section 7. Towing
Any Private Vehicle within a UTA Parking Facility, Right of Way or Boarding Zone in violation of this Ordinance may be towed and impounded at the registered owner's expense. Fees for towing and impound are in addition to, and not in lieu of, any fine established by UTA for the Infraction.

Section 8. Warnings
A Transit Public Safety Officer may exercise discretion to issue a verbal or written warning in lieu of a citation.


CHAPTER 7
FINES

Section 1. Fines Imposed by UTA
These fines are in addition to and not in lieu of, any fines or penalties imposed by a court of law. Fines may be established by citation issued to the offender at the time of the violation, or via mail or other notice to the offender. Fines shall be paid to the UTA Fine Administrator at the address designated on the citation.

a. Class 1 Infractions (fare evasion).

i. Fine for first Infraction shall be two times the cost of a regular monthly transit pass.

ii. Repeat offenders may receive fines of up to four times the cost of a regular monthly transit pass.

b. Class 1A Infractions (refusal to comply/fare evasion).

i. Fine of not more than $75.00 for first Infraction.

ii. Repeat offenders may receive fines of up to $150.00 per Infraction.

c. Class 2 Infractions (parking enforcement).

i. Fine of not more than $50.00 for first Infraction.

ii. Repeat offenders may receive fines of up to $150.00 per Infraction.

d. Class 2A Infractions (traffic control).

i. Fine of not more than $100.00 for first Infraction.

ii. Repeat offenders may receive fines of up to $250.00 per Infraction.

e. Class 3 Infractions (quality of life issues).

i. Fine of not more than $50.00 for first Infraction.

ii. Repeat offenders may receive fines of up to $100.00 per Infraction.

f. Class 4 Infractions (quality of life and safety issues).

i. Fine of not more than $100.00 for a first Infraction.

ii. Repeat offenders may receive fines of up to $200.00 per Infraction.

g. Class 5 Infractions (life endangerment and property destruction).

i. Fine of not less than $300.00 for a first Infraction.

ii. Repeat offenders may receive fines of up to $500.00 per Infraction.

h. Class 6 Infractions (life endangerment and property destruction - major crime).

i. Fine of not less than $750.00 for each Class 6 Infraction.

ii. Repeat offenders may receive fines of up to $1,500.00 per Infraction.


Section 2. Community Service in Lieu of Fines
UTA may allow a violator of an Infraction to provide services to UTA at a ratio of one hour of service for each $5.00 in fine.

Section 3. Right to Protest
Any person cited under this Ordinance has the right to protest pursuant to Chapter 9.


CHAPTER 8
EXCLUSION

Section 1. Immediate Exclusion
If the Transit Public Safety Officer or Authorized UTA Representative issuing a citation believes that there is a serious continuing risk to the public or to property, a person committing such infraction may be excluded immediately from all or any part of the Transit System for a period of time not to exceed 90 days.

Section 2. Habitual Offender Exclusion
Any person who shows a repeated pattern of behavior in violation of this Ordinance may be excluded from the System for a period of time not exceeding 90 days. Any person who after completing an exclusionary period again exhibits behavior in violation of this Ordinance will be excluded from the system for an additional 90 days.

Section 3. Exclusion for Failure to Pay Fines
Any person charged with any Infraction and who has not paid or discharged his citation within 30 days of its receipt may be excluded from the Transit System until the fine is paid or discharged.

Section 4. Exclusion of a Juvenile
Any juvenile excluded from the Transit System for any reason must provide a notarized statement from his parent or legal guardian acknowledging the exclusion and any fine or community service imposed before the exclusion will be lifted.

Section 5. Notice
Written notice will be given to a person excluded from all or part of the Transit System, which notice will specify the reason for exclusion, places and duration of exclusion, consequences for failure to comply with the notice, and the steps for protesting or appealing the exclusion. If notice of exclusion is given by hand delivery to offender, exclusion will commence immediately; if notice is given by mail, exclusion will begin three days after notice is mailed.

Section 6. Trespass
Any person excluded under this Chapter may not enter or remain on any part of the Transit System during the period of exclusion. An excluded person who enters or remains upon any part of the Transit System is a trespasser and may be subject to arrest and prosecution for the crime of criminal trespass.


CHAPTER 9
PROTEST, APPEALS PROCESS AND JUDICIAL REVIEW

Section 1. Right to Protest
Any person receiving a citation, notice of assessed fine, or notice of exclusion from UTA may protest the fine or exclusion imposed to UTA Fine Administrator.

a. Any protest must be in writing and submitted to the Fine Administrator at the address designated on the citation or exclusionary notice within 30 days of date of citation or notice. All protests shall include:

i. The name and address of the person receiving the citation or exclusionary notice;

ii. The citation number or exclusion notice number and the date issued; and

iii. A detailed statement as to the nature of the protest and the grounds on which the protest is made.

b. The Fine Administrator will promptly make a determination whether the citation or exclusionary period shall be modified in any way. The Fine Administrator may make a determination to waive or reduce the fine, modify the exclusionary period, provide for hardship exception, provide for community service in lieu of fine, or impose a probationary period in lieu of exclusion.

Section 2. Right to Appeal
In the event that a protestor receives an unfavorable decision from the Fine Administrator, the protestor shall have the right to appeal the decision by submitting a written appeal to the President of the Board, or designee, who will refer to Protest Committee within 30 calendar days after receipt of the decision of the Fine Administrator. The protestor will be notified of the date and time of the Protest Committee review. The Protest Committee will notify the protestor in writing in a prompt manner of its decision regarding the protest and the appeal.

Section 3. Right to Judicial Review
a. In the event that a protestor receives a decision from the Protest Committee that is unsatisfactory to the protestor, the protestor may continue the protest by filing an action in the district court pursuant to Utah Code Ann. Title 63 Chapter 30, however, 63-30-2 to 63-30-19 shall not apply.

b. In the event that an offender refuses to pay a fine established by citation issued by a Transit Public Safety Officer or Authorized District Representative, UTA may exclude the offender from the Transit System (as provided by Chapter 8, Section 3), or may initiate a proceeding in the district court as provided by law.