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Unlawful Transit Conduct
Tacoma Municipal Code TMC 8.52.020 (numbers below) and the Revised Code of Washington RCW 9.91.025 (letters below) state a person is guilty of unlawful transit conduct and/or unlawful bus conduct if, while on or in a municipal transit vehicle as defined by RCW 46.04.355 as now or hereafter amended or reenacted, or in or at a municipal transit station, he or she:
TMC (8.52.020) / RCW (9.91.025)
2. / b. Discards litter other than in designated receptacles; or
3. / c. Plays any radio, recorder, or other sound producing equipment, except that
nothing herein shall prohibit the use of such equipment when connected to earphones which limit the sound to individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle or municipal transit station; or
4. / d. Spits or expectorates; or
5. / e. Carries flammable liquid, explosive, acid, or other article or material likely to cause harm to others; except that nothing herein shall prevent a person from carrying cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law.
7. / f. Intentionally obstructs or impedes the flow of municipal transit vehicles or
passenger traffic, intentionally hinders or prevents access to municipal transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public
transportation services; or
In addition to these codes, TMC 8.52.020 also includes:
1. Smokes or carries a lighted or smoldering pipe, cigar, or cigarette; or
6. Consumes or is under the influence of any intoxicating beverage or illicit drug; or
8. Engages in loud, raucous, unruly, harmful, or harassing behavior that disturbs the peace, comfort, or repose of a reasonable person of normal sensibilities; or
9. Skates on roller skates or in-line skates, or rides in or upon or by any means a coaster, skateboard, toy vehicle, or any similar device; provided that a person may walk while wearing skates or carrying a skateboard while on or in a municipal transit vehicle or in or at a municipal transit station if that conduct is not otherwise prohibited by law; or
10. Engages in conduct not described in subsections 1 through 9 which is inconsistent with the intended use and purpose of the transit station or transit vehicle and refuses to obey the lawful command(s) of an agent of the transit authority or a peace officer to cease such conduct.
Penalty. Any person violating this section is guilty of a misdemeanor. The penalty shall be a maximum fine of $1,000, incarceration for a term of 90 days, or both such fine and imprisonment.
In addition to these codes, RCW 9.91.025 also includes:
g. Intentionally disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior; or
h. Destroys, defaces, or otherwise damages property of a municipality as defined in RCW 35.58.272 or a regional transit authority authorized by chapter 81.112 RCW employed in the provision or use of public transportation services.
Unlawful Bus Conduct is a Misdemeanor.
Assault in the Third Degree RCW 9a.36.031
A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:
(b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault.
Assault in the third degree is a Class C Felony.
This page last updated 09/10/08