HomeMy WebLinkAboutE-04 Staff Report -Transit Passengers Code of Conduct and Service Animal PoliciesCONSENT ITEM
E-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: JUNE 19, 2017
SUBJECT: APPROVAL OF A CODE OF CONDUCT AND SERVICE/EMOTIONAL SUPPORT
ANIMAL POLICIES FOR AZUSA TRANSIT
SUMMARY:
The City’s Transit Division does not have a Code of Conduct or policy governing the use of
Service/Emotional Support Animals. Due to a growing number of incidents regarding behavior and the
transportation of service animals, Staff has determined that such policies would be helpful for the safety
of passengers and drivers. The proposed actions approve separate policies establishing standards of
conduct and use of service animals for passengers of Azusa Transit.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1) Approve the Code of Conduct/Transit Exclusion Policy; and
2) Approve the Service/Emotional Support Animal Policy
BACKGROUND:
Over the years, Azusa Transit has experienced incidents involving passengers being unruly, verbally
abusive, and racially insensitive to other riders, drivers and dispatchers in the office. These incidents,
while relatively infrequent, can interfere with operations and at times, pose a safety risk to the driver and
other passengers. To help provide guidance to passengers as to what constitutes inappropriate behavior,
City Staff has drafted a Code of Conduct policy. This policy states that rowdy, disruptive, threatening
behavior will not be tolerated. All violations will be investigated to determine the severity of the
incident. Based on the severity of the violation, a supervisor will determine whether to suspend or
terminate the offending individual’s riding privileges. Incidents of lesser severity may result in written
warnings as opposed to suspension or termination of riding privileges. The Code of Conduct policy also
APPROVED
CITY COUNCIL
6/19/2017
Transit Division Policies
June 19, 2017
Page 2
includes a provision setting a limit on the number of grocery bags and the weight of the bags that riders
can bring on board. This limit is necessary as staff has reported riders exceeding 35 pounds per bag and
as many as 15 bags of groceries. This makes for an unsafe situation as riders cannot control all these
groceries in the event of a panic stop and it puts drivers at risk of injury when assisting passengers with
loading and unloading.
The Service/Emotional Support Animal policy clearly defines what a service animal is and what
responsibilities Azusa Transit has to the rider. This policy includes implementation of a complaint
system to meet Title II ADA requirements. Additionally, this policy establishes the responsibilities the
handler has in regards to their service animal.
Both policies are based on similar policies that have been adopted by Foothill Transit.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions.
Prepared by: Reviewed and Approved:
Daniel Bobadilla, P.E. Louie F. Lacasella
Director of Public Works/City Engineer Management Analyst
Reviewed and Approved:
Troy L. Butzlaff, ICMA-CM
City Manager
Attachments:
1) Code of Conduct/Transit Exclusion Policy
2) Service Emotional Support Animal Policy
Page 1 of 3
CITY OF AZUSA CODE OF CONDUCT/
TRANSIT EXCLUSION POLICY
I. PURPOSE
It is the mission of the City of Azusa Transit, through the efforts of dedicated, well-trained
employees, to provide safe, reliable, convenient, and efficient public transportation to the
citizens and visitors of the City of Azusa. Azusa Transit has established this Code of
Conduct/Transit Exclusion Policy (Policy) to promote the safety and comfort of its riders,
and to ensure that Azusa Transit vehicles are safe, welcoming and provide equitable access
for Azusa Transit passengers.
II. OVERVIEW AND DEFINITIONS
No individual may engage in inappropriate conduct on, at, or near Azusa Transit buses used
to provide Metro Gold line or paratransit services.
Inappropriate conduct includes any individual or group activity which is disruptive or
injurious to other individuals lawfully using Azusa Transit services and/or harassing,
threatening or injurious to transit employees. Inappropriate conduct may also constitute a
violation of an ordinance or criminal law.
Page 2 of 3
III. DEFINITION OF INAPPROPRIATE CONDUCT
For any of the following inappropriate conduct on buses, persons will be given a first
warning by the Bus Operator not to engage in the conduct. If further warning by the Bus
Operator is necessary for failure of the passenger to comply, an Azusa Transit Supervisor
may be contacted and may be called to the scene by the Bus Operator. The Supervisor is
authorized to and may ask the passenger(s) to leave the bus.
Here are some examples of Inappropriate Conduct:
1. Bringing on-board any large articles, packages, non-collapsible grocery carts which block
the aisle. There is also a maximum of four (4) bags of groceries allowed per passenger
on the buses. Bags must not weigh more than 10 pounds each. Cases of water and soda
will be limited to 12 count. No large, heavy items are allowed (ie. Cat litter, large dog
food bags, etc.)
2. Engaging in indecent, profane, boisterous, disorderly conduct under circumstances in
which such conduct tends to cause or provoke a disturbance. Ordinary conversation
between passengers in normal volumes is allowed.
3. Exhibiting inappropriate personal hygiene, i.e. an individual whose bodily hygiene is so
offensive as to constitute a nuisance to other passengers.
4. Three (3) missed set pick-ups without a notice or call from the rider in a span of six
months.
5. Physically or verbally threatens another passenger or an employee of Azusa Transit.
6. Physically or verbally abuses another passenger or an employee of Azusa Transit.
7. Engages in any conduct or activity that is hazardous to him/her or to any other person on
the bus.
Page 3 of 3
8. Damages or destroys any property of the City of Azusa Transit.
9. Indecent exposure.
10. Obstructing or interfering with the Bus Operator’s safe operation of the bus.
IV. REPORTING OF INAPPROPRIATE BEHAVIOR
In all cases, an incident report must be filed with the Transportation Supervisor prior to
completion of shift. The Transportation Supervisor will then ensure that the Director of
Public Works is informed. Each new incident report is investigated by the Transportation
Supervisor and if the statement proves true, then the incident will count as one (1) incident.
Typically, after three (3) incidents within a one (1) year window, the Transportation
Supervisor may recommend the temporary suspension of service to the rider for up to a total
of two (2) weeks with the approval of the Director of Public Works. A decision to
temporarily suspend a rider must be communicated to the rider in a written letter which states
the reasons for and the duration of the suspension. After reinstatement, the rider may
continue to use Azusa Transit’s services. If subsequent inappropriate behavior continues and
new incident reports are filed, after three (3) new incidents, the Transportation Supervisor
may recommend the permanent suspension of service to the rider. The decision to
permanently suspend a rider from the use of Azusa Transit services will ultimately be made
by the Director of Public Works. It is up to the discretion of the Director of Public Works or
his designee to suspend service at any time based on the severity of the incident and/or
number of incidents.
CITY OF AZUSA SERVICE/EMOTIONAL
SUPPORT ANIMAL POLICY
1. Introduction
Individuals with disabilities may use service/emotional support animals for a variety of
reasons. This policy provides an explanation of how major Federal civil rights laws govern
the rights of a person requiring a service animal and subsequently formalizes the City of
Azusa’s policy regarding the use of service/emotional support animals in Transit vehicles.
2. Service Animal Defined by Title II of the ADA
A service animal means any dog that is individually trained to do work or perform tasks for
the benefit of an individual with a disability, including a physical, sensory, psychiatric,
intellectual, or other mental disability. Tasks performed can include, among other things,
pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a
person to take medication, or pressing an elevator button.
Emotional support animals, comfort animals, and therapy dogs are not service animals under
Title II of the ADA. Other species of animals, whether wild or domestic, trained or
untrained, are not considered service animals either.
3. Transportation
A person traveling with a service animal cannot be denied access by Azusa Transit. In
addition, the person with a service animal cannot be forced to sit in a particular spot; no
additional fees can be charged because the person uses a service animal; and the customer
does not have to provide advance notice that s/he will be traveling with a service animal.
When a person with a service animal embarks on public transportation, the person is not
required to provide documentation or proof that the animal has been certified, trained or
licensed as a service animal. Only two questions may be asked:
1. Is the animal required because of a disability?
2. What work or task has the animal been trained to perform?
These questions should not be asked if the animal’s service tasks are obvious.
4. Handler’s Responsibilities
The handler is responsible for the care and supervision of his or her service animal. If a
service animal behaves in an unacceptable way and the person with the disability does not
control the animal, the animal does not have to be allowed. Uncontrolled barking, jumping
on other people, or running away from the handler are examples of unacceptable behavior for
a service animal.
5. Emotional support and psychiatric animals
Individuals who travel with emotional support animals or psychiatric service animals may
need to provide specific documentation to establish that they have a disability and the reason
the animal must travel with them.
6. Complaints
Title II of the ADA applies to public transportation. Section 504 of the Rehabilitation Act
applies to federal entities and recipients of federal funding that provide transportation.
Title II and Section 504 Complaints – These may be filed with the Federal Transit
Administration’s Office of Civil Rights. For more information, contact:
Director, FTA Office of Civil Rights
East Building – 5th Floor, TCR
1200 New Jersey Ave., SE
Washington, DC 20590
FTA ADA Assistance Line: 1-888-446-4511 (Voice)
1-800-877-8339 (Federal Information Relay Service)
http://www.fta.dot.gov/civil_rights.html