21 CRR-NY 4901.5NY-CRR
21 CRR-NY 4901.5
21 CRR-NY 4901.5
4901.5 Enforcement.
(a) Removal from RGRTA transit vehicles, facilities, and properties.
(1) Any person engaging in prohibited conduct under the provisions of section 4901.4 of this Part may be refused entrance upon or ordered to leave RGRTA transit vehicles, facilities, and properties by a commissioned law enforcement official, RGRTA personnel, or authorized personnel of a contracted service provider in accordance with the terms of the applicable service contract. Failure to comply with such a removal order may be grounds for arrest and prosecution.
(b) Exclusion from service.
Except as provided in paragraph (5) of this subdivision immediate refusal or removal, RGRTA employees shall not continually refuse service to anyone who has not been formally excluded from RGRTA service pursuant to the application of RGRTA’s rules of conduct or a court order.
(1) Basis for exclusion.
(i) Engaging in prohibited conduct under section 4901.4 of this Part shall be cause for excluding a person from the privilege of entering and using all or any part of RGRTA transit vehicles, facilities, and properties including the RTS transit center for a period as determined by RGRTA based on the number of violations in a period of five years, and/or the severity of the violation(s).
(2) Notice procedure.
(i) The RGRTA chief executive officer, or his/her designee, shall give written notice, by personal delivery, certified mail, or regular U.S. mail, addressed to the person’s last known address to any person to be excluded from RGRTA transit vehicles, facilities and properties. The notice shall specify the reason for exclusion, places and duration of the exclusion, the effective date of the exclusion, the appeal process, and provide the person an opportunity to respond in person, by telephone or in writing, to the proposed action within five business days of actual or constructive receipt of the notice by the person being excluded.
(ii) Exclusion shall commence on the sixth business day after actual or constructive receipt of the notice by the person being excluded, unless the person has timely requested an administrative review of the notice. In the case of administrative review, the RGRTA chief executive officer, or his/her designee, shall review the exclusion and shall render a written decision determining whether exclusion is warranted, within five business days from the date of the person’s request for review. The written decision is sent by personal delivery, certified mail, or regular U.S. mail addressed to the person’s last known address.
(iii) If the RGRTA chief executive officer, or his/her designee, determines that exclusion is warranted, such exclusion shall commence and be effective upon actual or constructive receipt of the written decision by the person to be excluded.
(3) Constructive notice.
Receipt of a notice is construed to have been accomplished if the person knew or reasonably should have known from the circumstances that he/she is excluded from RGRTA transit vehicles, facilities and properties. Receipt of a notice is also presumed to have been accomplished three business days after the notice was sent by personal delivery, certified mail, or regular U.S. mail.
(4) Immediate refusal or removal.
(i) The notice procedure described in paragraph (2) of this subdivision will be inapplicable if, in RGRTA’s discretion, immediate conditions exist that:
(a) pose safety or security risks; or
(b) interfere with or impinge on the rights of others; or
(c) impede the free flow of the general public; or
(d) impede the orderly and efficient use of RGRTA transit vehicles, facilities, and properties; or
(e) otherwise interfere with or seriously disrupt RGRTA’s transit related activities.
(ii) In such immediate conditions, persons engaging in prohibited conduct under the provisions of section 4901.4 of this Part may be immediately reseated, refused transportation, or removed from RGRTA transit vehicles, facilities, and properties. The notice and administrative review provisions of paragraph (2) of this subdivision are only available to persons immediately refused transportation or removed from RGRTA transit vehicles, facilities, and properties for periods of 31 calendar days or more.
(5) Refusal to comply.
The refusal to comply with an order excluding a person from RGRTA transit vehicles, facilities, and properties shall be grounds for arrest and prosecution.
(6) Length of exclusion.
The following suggested exclusion lengths are guidelines to be used by RGRTA in determining the duration of a particular exclusion under the provisions of section 4901.4 of this Part and/or the severity of the violation(s). The duration of exclusion is determined by the number of violations committed over a period of five years. RGRTA reserves the right, however, to impose an exclusion of greater length for any violation where the severity of the violation warrants it, even if it is the first violation:
(i) first violation = 7 or 30 days exclusion;
(ii) second violation = 30 or 60 days exclusion;
(iii) third violation = 90 days exclusion;
(iv) each successive violation occurring in a 5 year period = 180 days exclusion.
(7) Appeal procedure. The following appeal process shall be provided to any person excluded from RGRTA transit vehicles, facilities or properties for a period of 31 days or more. Not later than 10 calendar days after commencement of the exclusion, an excluded person may appeal in writing to the RGRTA chief executive officer or his/her designee, for de novo review (a new review) of the exclusion. Commencement of the exclusion shall be defined as the date upon which the exclusion became effective and shall be determined by RGRTA’s official records. The appellant may request a hearing or may request review without a hearing based on a written statement setting forth the reasons why the exclusion is invalid or improper. If the excluded person is unable to respond in written format, RGRTA will make reasonable accommodation to allow due process. The chief executive officer shall convene a Hearing Panel comprised of three persons selected as follows:
(i) the director of transit center and field operations or designee;
(ii) the manager of field operations or designee;
(iii) the director of RTS bus operations or designee; or
(iv) a person selected from the RGRTA staff by the chief operating officer or designee.
The said RGRTA staff person shall be a person other than the chief executive officer. The decision of the majority of the members of the hearing panel shall be the decision of the hearing panel. The hearing panel shall hear the appeal—or if no hearing is requested, review the matter based upon the record—and render a written decision within 20 calendar days after the receipt of the appeal. The decision of the hearing panel shall be final.
(8) Hearing. If a hearing is requested, the hearing shall be held within 20 calendar days after receipt of the appeal, and a written decision shall be rendered within 20 calendar days after the hearing. Exclusions shall not be stayed during the appeal process. If an appellant requires public transportation services to attend the hearing, the appellant shall contact the RGRTA chief executive officer, or his/her designee, five business days prior to the hearing date, and RGRTA shall make arrangements to provide the necessary public transportation services for the appellant.
(9) Other laws not limited. The enforcement of this section is not intended to limit, in any manner, the enforcement of any applicable Federal, State or municipal laws, provided RGRTA is not authorized to assist a patron or employee in enforcing a court order prohibiting or restricting contact with any other person other than to notify appropriate law enforcement personnel via RGRTA’s radio control/dispatch or security.
(c) Liability.
Nothing in this section shall create a duty to any person on the part of RGRTA or form any basis for liability on the part of RGRTA, its officers, agents, or employees. The obligation to comply with this section is solely that of any person entering and using RGRTA transit vehicles, facilities, and properties and RGRTA’s enforcement of this section is discretionary not mandatory.
21 CRR-NY 4901.5
Current through June 30, 2021
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