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Legislation #: 140264 Introduction Date: 4/3/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS SHARP, WAGNER, DAVIS, JOHNSON, CURLS, GLOVER, MARCASON AND REED
Title: Amending Chapter 50, Code of Ordinances, by repealing Section 50-157, Conduct on buses and at bus stops, and enacting in lieu thereof one new section of like number and subject matter related to the prohibition of using electronic cigarettes on buses.

Legislation History
DateMinutesDescription
4/2/2014 Filed by the Clerk's office
4/3/2014 Referred to Public Safety & Emergency Services Committee
4/9/2014 Do Pass as a Committee Substitute
4/10/2014 Assigned Third Read Calendar as Substituted
4/17/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
ECigarettes Report 140264.pdf Other 81K ECigarettes presentation
140264.pdf Authenticated 252K Authenticated
140264 Fact Sheet.pdf Fact Sheet 34K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140264

 

Amending Chapter 50, Code of Ordinances, by repealing Section 50-157, Conduct on buses and at bus stops, and enacting in lieu thereof one new section of like number and subject matter related to the prohibition of using electronic cigarettes on buses.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY

 

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 50-157, regarding Conduct on buses and at bus stops, and enacting in lieu thereof one new section of like number and subject matter related to the prohibition of using electronic cigarettes on buses as follows:

 

Sec. 50-157. Conduct on buses and at bus stops.

 

(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

 

(1)               Motor bus means a motor vehicle, including a streetcar, designed and constructed for the general transportation of passengers for hire and possessing a manufacturer's rated seating capacity for ten or more passengers, but not to include a bus or coach utilized exclusively to transport children to and from schools.

 

(2)               Bus transportation company and company mean any person, group of persons or corporation providing for-hire transport to passengers by motor bus upon the streets of the city, but not to include a company utilizing buses transporting children to and from school. This term shall also include bus transportation facilities owned or operated by local public bodies, municipalities and public corporations.

 

(3)               Charter means a group of persons who, pursuant to a common purpose and under a single contract, and at a fixed charge for the vehicle in accordance with bus transportation company's tariff, have acquired the exclusive use of a bus to travel together as a group to a specified destination.

 

(4)               Passenger means any person served by the transportation company.

 

(5)               Terminal means a bus stop or shelter or any facility operated or served by a bus transportation company, including a reasonable area immediately adjacent to any designated stop along the route traveled by any motor bus operated by a bus transportation company, and parking areas provided by a bus transportation company adjacent to a terminal.

 

(b) It shall be unlawful for any person to:

 

(1)               Seize or exercise control of a motor bus by force or violence or threat of force or violence;

(2)               Intimidate, threaten to or commit assault or battery, with or without the employment of a dangerous or deadly weapon, toward any driver, road supervisor or guard of a motor bus so as to interfere with the performance of duties by such person; or

 

(3)               Board a motor bus with a dangerous or deadly weapon concealed upon his person or effects. The provisions of this subsection shall not apply to duly authorized law enforcement officers or commercial security personnel who are in possession of weapons used within the course and scope of their employment, or where otherwise excepted by law.

 

(c) It shall be unlawful for any person to hurl any missile at, into or upon any motor bus, terminal or other transportation facility.

 

(d) It shall be unlawful, while on a motor bus, in a terminal or on property contiguous thereto, for any person to:

 

(1) Use any language that is calculated to provoke an immediate, violent breach of the peace;

 

(2) Be unlawfully under the influence of a controlled substance or to ingest or have in his possession any controlled substance unless properly prescribed by a physician or medical facility, or to drink intoxicating liquor of any kind in or upon any motor bus except a chartered bus; or

 

(3) Fail to obey a reasonable request or order of a motor bus driver or any duly authorized company representative.

 

If any person shall violate any provision of this subsection (d), the driver of the motor bus may stop it at the place where the offense is committed, or at the next regular or convenient stopping place of the motor bus, and require the person to leave the motor bus.

 

(e) It shall be unlawful for any person, while in or upon any motor bus while the bus is operated in common carrier passenger service upon the streets or public ways of the city, to:

 

(1)               Engage in smoking, as defined in Section 34-472 of this Code, or to use any device which simulates smoking such as an electronic cigarette, cigar or pipe, personal vaporizer or electronic nicotine delivery system;

 

(2)               Consume food or drink;

 

(3)               Spit or expectorate upon the floor, steps or sides of the motor bus;

 

(4) Discard litter;

 

(5) Play any radio, portable music device or player or other such instrument, except where the instrument is connected to an earphone that limits the sound to the individual user;

 

(6) Carry any flammable liquids, explosives, acids or other dangerous articles, live animals, birds or reptiles, except for guide, hearing or service dogs, as permitted under RSMo 209.150(4), and small animals properly confined; or

 

(7)               Refuse or fail to pay the established fare.

 

(f) It shall be unlawful for any person to attempt to obtain transportation on a motor bus operated by a bus transportation company by displaying to the driver an invalid pass, discount fare card or token or by displaying a valid pass or discount fare card issued to another person. The driver of the motor bus, a road supervisor or other official representative of the bus transportation company shall have the right to inspect and to exchange any pass, discount fare card or token presented by any person with the intent to obtain transportation. If any person shall fail to present such pass, discount fare card or token for inspection at the request of any such representative of the company, the driver may require the person to pay the full fare or to leave the motor bus. If the driver, road supervisor or other official representative of the company shall determine that the pass, discount fare card or token is invalid or has been issued to a person other than the one attempting to use it to obtain transportation, he may refuse to return it to the person and require him or her to pay the full fare or to leave the motor bus.

 

___________________________________________

 

Approved as to form and legality:

 

 

______________________________

Alan Holtkamp

Assistant City Attorney