Sec. 30B-1. - Legislative intent.

It is the intent of the County Commission by enacting this chapter to accomplish the following purposes for the Metro-Dade Transit Agency, the Metrorail, Metromover and Metrobus systems:

(a)

Enable the safe, secure and efficient operation of public mass transit.

(b)

Establish rules and regulations governing transit security and operations.

(c)

Preserve the safety, security and rights of the general public using the transit system.

(Ord. No. 84-74, § 1, 7-17-84)

Sec. 30B-2. - Definitions.

(1)

General. Words not specifically defined in this section which relate to transit practices, processes and equipment shall be construed according to their general usage in the transit industry.

(2)

Definitions.

(a)

"Commission" or "Board" shall mean the Board of County Commissioners of Dade County, Florida.

(b)

"County" shall mean Dade County, Florida.

(c)

"County Manager" shall mean the County Manager as appointed by the Commission.

(d)

"Metro-Dade Transit Agency" or "MDTA" shall mean the agency designated by the County Manager to operate public mass transportation within the county.

(e)

"Executive Director" shall mean that person appointed by the County Manager carrying the title Director of the Metro-Dade Transit Agency or his duly authorized representatives.

(f)

"Transit system" shall mean all land, facilities, and improvements utilized by Dade County for the provision of public mass transportation services by Metrorail, Metrobus, and Metromover including but not limited to yard and shop, Metrorail and Metromover stations and parking areas, Metrorail guideway including the piers and girders and linear park located thereunder, Metromover guideway and supporting structures, traction power substations, operation and maintenance facilities and buildings, mass transit vehicles, and land located within the "Rapid Transit Zone" (as defined in Section 33C-2 of this Code) except for those rights and areas of said Zone which are leased to private entities for joint development.

(g)

"Mass transit vehicle" shall mean Metrobus buses, Metrorail cars, Metromover vehicles operated by or for the County for use by the public. For the purposes of this chapter, private buses, limousines, jitneys and taxicabs shall not be deemed mass transit vehicles.

(h)

"Metrorail" shall mean the twenty and five-tenth-mile fixed guideway heavy rail system, and future extensions thereof.

(i)

"Metromover" shall mean the one and nine-tenth-mile fixed guideway people mover system, and future extensions thereof.

(j)

"Metrobus" shall mean all facilities and equipment of the County bus system.

(k)

"Abandon" shall mean to forsake, desert, give up and surrender one's claim or right.

(l)

"Authorized" shall mean acting under or pursuant to a written contract, permit authorization or other evidence of right issued by the Board, the County Manager, or the Executive Director.

(m)

"Person" shall mean any individual, firm, partnership, corporation, company association, joint stock association, or body politic; and includes any trustee, receiver, committee, assignee or other representative or employee thereof.

(n)

"Solicit" or "solicitation" shall mean the request directly or indirectly for money or other thing of value.

(o)

"State" shall mean the State of Florida.

(p)

"Restricted area" shall mean any area of the transit system posted to prohibit entry or to limit entry or access to specific authorized persons.

(q)

"Rules and regulations" shall mean the Metro-Dade Transit Agency rules and regulations, as codified in Chapter 30B, Code of Metropolitan Dade County, Florida.

(r)

"Park" shall mean to put or leave or let a motor vehicle stand or stop in any location whether the operator thereof leaves or remains in such vehicle when such standing or stopping is not required by traffic controls or conditions beyond the control of the operator.

(s)

"Weapon" shall mean any weapon, firearm, explosive, tear gas gun or chemical weapon or device, as those terms are defined by Section 790.00, Florida Statutes.

(t)

"Fireworks" shall mean fireworks as defined by Section 791.01, Florida Statutes.

(u)

"Explosive" shall mean explosive as defined by Section 790.001, Florida Statutes.

(v)

"Paid area" shall mean that portion of a Metrorail or Metromover station beyond the faregate area where only fare-paying passengers are allowed.

(Ord. No. 84-67, § 1, 7-17-84)

Sec. 30B-3. - Applicability and penalties.

(1)

Applicability. This chapter applies to all who utilize the transit system.

(2)

Penalties.

(a)

Any person violating subsections (2), (5), (6), (7), (9), (10), (11) and (22) of Section 30B-4 of the Code of Metropolitan Dade County shall, upon being warned by a Police Officer of Metropolitan Dade County, cease the prohibited activity. If the person continues the prohibited activity after such warning, the police officer may direct the individual to leave the train or to leave the premises of the station. Any individual who does not leave as directed, shall be charged with trespassing and subject to a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days in the County Jail, or both. In lieu of any fine or penalty, the court may order any person convicted of violating any provision of this chapter to participate in transit public service for a minimum of ten (10) hours. Such service may include graffiti removal, cleaning of transit vehicles, and maintenance of transit right-of-way.

(b)

For violations of subsections (1), (3), (4), (8), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), and (23) of Section 30B-4 of the Code of Metropolitan Dade County and for any other provision of this chapter for which another penalty is not specifically provided shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days in the County Jail, or both. In lieu of any fine or penalty, the court may order any person convicted of violating any provision of this chapter to participate in transit public service for a minimum of ten (10) hours. Such service may include graffiti removal, cleaning of transit vehicles, and maintenance of transit right-of-way.

(c)

The County may institute a civil action in a court of competent jurisdiction to recover compensatory damages, including reasonable costs and expenses, for any damage caused to the transit system.

(d)

For violations other than those specified in subsection (a) above, the County may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation in an amount of not more than five hundred dollars ($500.00) per offense.

(e)

The judicial remedies in this section shall be independent and cumulative for the violations to which they are applicable hereunder.

(Ord. No. 84-67, § 1, 7-17-84; Ord. No. 87-76, § 1, 11-3-87)

Sec. 30B-4. - Personal activities.

(1)

Impeding or hindering operators of mass transit vehicles. On any mass transit vehicle operated solely within the boundaries of Dade County, it shall be unlawful for any person to impede or hinder the operator of said mass transit vehicle in the performance of his or her duties. No person shall, on any mass transit vehicle operated solely within the boundaries of Dade County, interfere with or disturb the operator of said mass transit vehicle by drinking alcoholic beverages, playing a radio or other instrument, unless said radio or other instrument is connected to an earphone; carry any animals or flammable liquids; display any weapons or firearms; use abusive, insulting or obscene language or gestures with the intent to distract the operator; Board through a rear exit; or refuse to pay the established fare.

Note—Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(2)

Trespassing. It shall be unlawful to trespass on the transit system or to enter any restricted area.

(3)

Preservation of property. It shall be unlawful and a violation of this section for any person to deface, destroy, disfigure, injure, blemish, or vandalize any part of the transit system. Prohibited activities shall include, but not be limited to:

(a)

The unauthorized marking of any part of the transit system with spray paint and other marking substances;

(b)

The marking of any part of the transit system with graffiti;

(c)

The cutting or mutilating of seats on mass transit vehicles; and

(d)

The injuring or destruction of any tree, plant or other vegetation located within the transit system.

(4)

Obstruction of guideways or tracks. It shall be unlawful to place or cause to be placed any obstruction on Metrorail or Metromover guideways or tracks.

(5)

Smoking or spitting. ^[277] It shall be unlawful for passengers to smoke or spit within any mass transit vehicle or any paid area of a Metrorail or Metromover station.

(6)

Drinking or eating. It shall be unlawful to eat or drink, or carry an open container of food or beverage, on any mass transit vehicle or station platform.

(7)

Sanitation. It shall be unlawful to dispose of garbage, papers, refuse or other forms of trash within the transit system except in receptacles provided for such purpose. No person shall dump or dispose of any material [except as authorized herein]. No person shall use a comfort station or rest room, toilet or lavatory facility other than in a clean and sanitary manner. No person shall deposit, blow or spread any bodily discharge on any part of the transit system. No person shall place any foreign object in any plumbing fixture.

(8)

Abandonment. It shall be unlawful to abandon any vehicle or personal property on any part of the transit system.

(9)

Radio playing. It shall be unlawful while on any mass transit vehicle or facility to play any radio, cassette player, or other electronic audio or video playback device or musical instrument unless the sound produced by said device or instrument is played solely through earphones. Said devices and instruments may be played along the linear park underneath the Metrorail guideway provided same is not annoying or a nuisance.

(10)

Insulting or obscene language. It shall be unlawful to use any insulting or obscene language on any part of the transit system.

(11)

Animals. With the exception of seeing-eye dogs, it shall be unlawful to bring, carry, or transport any animal on a mass transit vehicle or the paid area of any transit system unless said animal is properly boxed or caged for transport. Animals may be permitted to use the linear park underneath the Metrorail guideway provided that they do no damage and cause no nuisance or inconvenience.

(12)

False reports or threats. It shall be unlawful to make a false report of conduct on, the operation of, or a threat concerning any portion of the transit system.

(13)

Forgery and counterfeit. It shall be unlawful to make, possess, use, offer for sale, sell, barter, exchange, pass, or deliver any forged, counterfeit or falsely altered pass, permit, farecard, transfer, identification card, certificate or other authorization purporting to be issued by or on behalf of the Transit Agency.

(14)

Explosives and fireworks. It shall be unlawful to carry, transport or ignite any explosive, fireworks, acid, or flammable liquid anywhere on the transit system.

(15)

Refusal to pay fare. It shall be unlawful to refuse to pay the established fare, evade payment of fare, or enter through rear doors or emergency exits of any mass transit vehicle, guideway or facility.

(16)

Transfers. It shall be unlawful to alter, abuse or give to another person any transfer or other fare medium, unless expressly authorized by the terms of said transfer or other fare medium.

(17)

Train attendant cab. It shall be unlawful for any unauthorized person to enter the train attendant cab of any Metrorail vehicle.

(18)

Safety lines. It shall be unlawful for any individual to cross a safety line on a Metrorail or Metromover station platform.

(19)

Equipment. It shall be unlawful for any unauthorized individual to operate any transit system equipment located within the transit system except:

(a)

Where such equipment is designed for use by the public; or

(b)

When necessary in an emergency situation.

(20)

Mass transit vehicle doors. It shall be unlawful to interfere with the operation of mass transit vehicle doors.

(21)

Passage between Metrorail cars. It shall be unlawful to pass from one (1) Metrorail car to another through the end door of the car, except in an emergency situation.

(22)

Bicycles. It shall be unlawful to bring or operate a bicycle on any mass transit vehicle or within the paid area of any Metrorail or Metromover station, except as allowed by MDTA rule and procedures. Bicycles may only be parked in designated areas on the transit system. Bicycles shall not be locked or chained to transit facilities except as allowed by MDTA rules and procedures.

(23)

Mopeds or motorized vehicles. No moped or other motorized vehicle shall be operated within the linear park underneath the Metrorail system and guideway.

(Ord. No. 84-67, § 1, 7-17-84; Ord. No. 87-76, § 2, 11-3-87; Ord. No. 02-170, § 1, 9-24-02)

Sec. 30B-5. - Commercial activities.

(1)

Soliciting or carrying on business. No person, unless duly authorized in writing by MDTA, shall anywhere on the transit system:

(a)

Engage in any business or commercial activity;

(b)

Sell, or offer for sale, any merchandise or service;

(c)

Solicit any business or trade;

(d)

Sing, dance or play any musical instrument.

(2)

Commercial photography or recording. No person, unless authorized in writing by MDTA or the County Manager when appropriate under Section 2-11.14 of this Code, shall take still, motion, or sound motion pictures or sound records or recordings of voices or otherwise for commercial, training or educational purposes, other than news coverage anywhere in the transit system.

(3)

Building construction and improvements. No person, unless authorized in writing by MDTA, shall construct or cause to be constructed any buildings or structures, including signs, utility connection, or any improvements, modifications, or additions to any such buildings or structures, or any pavings, excavations, removal of oil or fill material anywhere on the transit system.

(4)

Advertising. No person, unless authorized in writing by MDTA, shall post or distribute commercial signs, advertisements, literature, circulars, pictures, sketches, drawings, handbills, or any other form of printed or written commercial matter or material anywhere within the transit system.

(5)

Vending in public areas. No person shall vend services, including but not limited to amusements and food and beverages, anywhere within the transit system, unless authorized in writing by MDTA.

(6)

Signs. No person unless authorized in writing by MDTA, shall construct or install any sign or device anywhere on the transit system.

(Ord. No. 84-67, § 1, 7-17-84)

Sec. 30B-6. - Parking.

(1)

Transit system parking facilities.

(a)

No person shall park or leave a vehicle unattended in any transit system parking facility for any purpose other than for a public transit related use, except as may be authorized in writing by the Director of MDTA. No person shall enter or use a transit system parking facility or parking space at such facility contrary to its posted or restricted use. Except when authorized in writing by MDTA, it shall be unlawful for any truck tractor, trailer or semi-trailer as defined in Section 316.003, Florida Statutes, as the same may be amended from time to time, to be parked or left in any transit system parking facility beyond one hour after such facility closes.

(b)

No person shall park or leave a vehicle unattended in any transit system parking facility or parking space without having positioned said vehicle wholly within a single designated stall or area in such a manner as not to obstruct the proper movement of other vehicles in the parking facility or utilization by other vehicles of driveways or adjacent parking spaces. All vehicles shall park head-in only. Only compact cars shall park in spaces marked "compact cars only." Whenever any police officer finds an unauthorized vehicle parked on transit right-of-way or in other than a marked space, such officer is authorized to provide for removal of the vehicle to the nearest storage lot, garage or other place of safety, cost of such removal to be a lien against the motor vehicle. No vehicle which requires more than one parking space, as defined in Section 33-122 of the Code of Metropolitan Dade County, may be parked or left unattended in any transit system parking facility without the express written consent of MDTA.

(c)

No person shall park or leave a vehicle unattended in any transit system parking facility without having properly secured a required parking ticket or having paid the required parking fee, if any. The parking ticket shall be placed face up on the dashboard inside the vehicle. A monthly decal shall be appropriately placed inside the vehicle on the lower left rear windshield. MDTA will establish one of the following methods for payment at each transit system parking facility:

1.

Electronic Pay/Ticket Issued: Purchase parking ticket at electronic parking ticket machine inside the transit station area, receive parking ticket and surrender parking ticket at exit or pay a parking fee as established by Dade County Ordinance 86-37, and as may be amended from time to time. Failure to display either a parking ticket or a monthly parking permit, or to pay the applicable parking fee before exiting a parking facility utilizing this parking fee collection method shall constitute a violation of this section and shall be subject to the penalties provided in Section 30B-6(3) hereunder.

2.

Pay In/Free Out: Pay parking fee to cashier at manned booth upon entrance to parking lot, exit free. Failure to pay the parking fee upon entering the parking facility shall constitute a violation of this section and shall be subject to the penalties provided in Section 30B-6(3) hereunder.

3.

Manual Deposit Box: Park in numbered space, pay inside the transit station area at parking deposit box with numbered slot which corresponds to the numbered parking space. Any vehicle parked in a numbered space for which parking fee payment has not been deposited in the corresponding numbered deposit slot inside the station, shall be in violation of this section and shall be subject to the penalties provided in Section 30B-6(3) hereunder.

4.

Electronic Deposit Box: Park in numbered space, pay at electronic deposit box inside the transit station area and enter corresponding parking space number. Electronic deposit box records the fee paid for the individual parking space and issues a receipt. Whenever a vehicle is parked in a numbered space for which payment has not been registered in the electronic deposit machine, said vehicle shall be in violation of this section and shall be subject to the penalties provided in Section 30B-6(3) hereunder.

5.

Monthly Parking Permit: Parking permit purchased in advance of parking and displayed from the rearview mirror of parked vehicle. This method of parking payment shall be accepted at all transit system parking facilities.

(d)

No person, shall remove or attempt to remove any vehicle from a transit system public parking facility without paying the required parking charge.

(e)

Except when authorized by MDTA or the parking facility operator, no person shall remove a parking ticket from a transit system public parking facility parking ticket dispensing machine, other than as an operator of a vehicle entering such facility.

(f)

It shall be unlawful for any person to remove a parking ticket from, or to otherwise operate, a transit system parking facility parking ticket dispensing machine, for the purpose of avoiding or enabling another person to avoid payment of a parking fee.

(2)

Employee parking areas and facilities. No person shall utilize an employee parking area or facility except as authorized by MDTA.

(3)

Parking fines. Violations of this section shall be punishable by the fine indicated below:

(4)

Enforcement. The enforcement of this section is vested in the Metro-Dade Police Department throughout Dade County in both the incorporated and the unincorporated areas thereof, in the Police Department of each municipality as to those Metrorail public parking facilities which are located in that municipality, and in parking enforcement specialists who are employed in accordance with Section 316.640, Florida Statutes.

(5)

Form of parking citations. Prosecution for violation of this section shall be by a uniform traffic ticket in the form provided by Section 30-206 of the Code of Metropolitan Dade County, Florida.

(Ord. No. 84-67, § 1, 7-17-84; Ord. No. 89-82, §§ 1, 2, 9-12-89)

Sec. 30B-7. - Personal conduct; solicitation of contributions; and distribution of materials.

(1)

No person shall solicit alms or contributions of money or other articles of value for religious, charitable or any other purpose, or conduct or participate in any speech-making, distributing of pamphlets, books or other written or graphic materials anywhere on the transit system without having delivered a written notice to the Executive Director, or his designee, of the intent to do so at least seven (7) days prior thereto so that the County may be fully informed of the activity proposed and take adequate precautions to protect the public health, safety, welfare and order, to assure the efficient and orderly use of the transit system for its primary purpose and function, and to assure appropriate opportunity for the freedom of expression to others.

(2)

The written notice required herein shall state:

(a)

The full name, address (and mailing address if different), telephone number of the person furnishing the notice, and, if an organization, the name, address and telephone number of a responsible local officer thereof and the title of such officer.

(b)

The purpose or subject of the proposed activity and a description of the means and methods intended to be used in conducting the same. If the proposed activity includes the solicitation of alms, donations or contributions of money or of other articles of value, the notice shall contain the verified statement of a responsible local officer of the organization furnishing the notice that it is a tax-exempt organization under existing federal laws and regulations and that donations and contributions made to such organization may lawfully be included as charitable deductions on a donor's federal income tax return for the year in which made.

(c)

The date, hours and location desired for the proposed activity and the maximum number of persons proposing to participate therein at any one time or period of time, together with a form of identification card, authenticated copies of which shall be displayed on the outer clothing of each individual participating in the particular activity proposed. Such identification cards shall contain the name of the organization furnishing the notice, the legal name of the individual bearing the card, the signature and title of the official of such organization and the date issued.

(3)

Persons having given such written notice shall be permitted to conduct their activities in or on the transit system with the number of persons, at the times, for the purpose, in the manner, and with the identification card, all as set forth in their respective written notices subject only to such restrictions as may be prescribed from time to time by the Executive Director or his designee; provided, however, that any such restrictions shall be reasonable and appropriate and shall be prescribed only after a finding by the County that the restrictions are necessary to avoid injury, or the likelihood of injury, to persons or property, or to assure the safe and orderly use of the transit system by the public, and such restrictions shall be applied equally and without discrimination as to all persons who have given such written notice. A copy of any such restrictions and any explanatory diagrammatic attachments shall be furnished those persons affected.

(4)

No person, while engaging in the activities provided for herein, shall prevent or interfere with access to or egress from busstops or shelters, faregates, fare card machines, washroom facilities, stairways, escalators, or elevators, nor shall such person in any manner assail, coerce, threaten or physically disturb any member of the public, any County employee, or any other person for any reason, nor shall such activity prevent, impede, interfere with, hamper or curtail the conduct of ordinary business on the transit system. The activities provided for herein shall not intrude upon or take place in any location or area reserved or zoned for a particular use including, but not limited to, washrooms, offices, reception areas, Metrorail and Metromover station platforms, and within any mass transit vehicle. No individual engaged in the proposed activity shall solicit any donation or engage a member of the public as a prospective donee without first identifying the organization he or she represents in connection with such prospective donation.

(5)

No person, while engaging in the activities provided for herein, shall affix any matter, written or graphic, to any transit system structure or facility, nor shall any such matter be left unattended at any location anywhere within the transit system.

(6)

No person, while engaging in the activities provided for herein, shall sell any material whatsoever to a member of the public, nor shall such person tender or transfer any material whatsoever to a member of the public in return for a fixed sum of money or other specific thing of value agreed upon in advance of such tender or transfer, nor shall such person after the transfer of such material require or demand any sum of money or other specific thing of value including the item transferred, from any member of the public.

(7)

The Executive Director or his designee is empowered to restrict, wholly or partially, the activities provided for herein in the event of emergencies, including but not limited to, strikes, accidents, riots, civil disturbances, power failures, hurricanes, or other conditions tending to disrupt the normal operation of the transit system.

(Ord. No. 84-67, § 1, 7-17-84)