[HISTORY: Adopted by the City Commission
of the City of Kalamazoo 10-31-1983 by Ord. No. 1295; amended in its entirety 7-21-2008 by Ord. No.
1844. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Kalamazoo
Transportation Center Ordinance of the City of Kalamazoo."
As used in this chapter, the following terms
shall have the meanings indicated:
The City Manager of the City of Kalamazoo or the designee
of the City Manager.
A loaded or unloaded firearm, whether operable or inoperable,
a knife with a blade over three inches in length, a knife opened by
a mechanical device, brass knuckles, and similar objects or devices.
The person holding that title, and any other person in charge
of the day-to-day operations of the KTC, or their designees.
A bus that operates only in Kalamazoo County.
A common carrier, such as Greyhound or Indian Trails;
The premises and grounds located at 459 North Burdick Street,
Kalamazoo, Michigan; for the purposes of this chapter, it shall more
specifically include the area within the following boundaries:
On the east and west, inside the existing sidewalks;
On the north, south of the existing building
that lies immediately to the north of the railroad tracks; and
On the south, within the existing fencing or,
where there are gaps in the fencing, the imaginary line between the
existing fencing.
The possession by a person of a lighted cigar, cigarette,
pipe or other lighted smoking device.
A.
No person shall be or remain upon the KTC premises
unless:
(1)
Intending to depart on a train or an intercity or
intracity bus, scheduled to depart within 60 minutes, in which case
said person shall depart on the next departing train or bus for the
destination of interest;
(2)
Waiting for a passenger on an arriving train or intercity
bus scheduled to arrive within the next 60 minutes;
(3)
Accompanying a person intending to depart on a train
or intercity bus scheduled to depart within the next 60 minutes; or
(4)
Using one of the businesses found within the KTC building,
in which case said person must conduct his or her business in a reasonable
time, then depart the KTC building as soon the business transaction
is concluded (unless allowed to remain at the KTC by other provisions
of this chapter, such as departing on a train, etc.).
B.
Upon request from a Kalamazoo Public Safety Officer,
having probable cause to believe that a violation of this chapter
or other City ordinance has occurred, a person upon the KTC premises
shall provide information establishing that his or her presence complies
with this chapter. Persons unable or unwilling to provide such information
may be directed by the Public Safety Officer to leave the premises.
Failure to immediately leave the KTC premises as directed by a Public
Safety Officer is a misdemeanor.
C.
Persons otherwise lawfully upon the KTC premises shall
not:
(1)
Obstruct entrances and exits to the KTC building or
rooms within the building;
(2)
Operate any sound-producing or sound-amplifying device
unless headphones are used;
(3)
Be barefooted or shirtless;
(4)
Possess a dangerous weapon unless in possession of
a permit to do so, or otherwise permitted by law;
(5)
Sleep or lie down on benches, chairs or the floor;
(6)
Ride a bicycle, cause a bicycle to be inside the KTC
building, or cause a bicycle to remain at the KTC premises for more
than 24 hours; bicycles that remain at the KTC premises in excess
of 24 hours shall be deemed abandoned and may be removed by the City;
(7)
Use the restroom facilities for other than for customary
restroom purposes, which purposes do not include, among others, the
use of sinks, toilets or other sources of water for bathing or the
washing of clothing;
(8)
Smoke;
(9)
Consume or possess alcoholic beverages for which the
container's seal has been broken;
(10)
Use or occupy an area in violation of a posted
sign regarding permitted or prohibited uses of said area;
(11)
Leave a bag or similar container of personal
belongings outside their immediate control and possession;
(12)
Solicit money or objects of value in any manner, including but not limited to as addressed in § 22-18 of the Kalamazoo City Code, or offer to others goods or services, including entertainment, whether or not compensation or donation is sought;
(14)
Be accompanied by any animal except for leader
dogs for the blind, hearing dogs for the deaf, service dogs for disabled
persons, or when secured in a transportable cage;
(15)
Distribute literature or solicit signatures
unless outside and to the south of the KTC building and more than
15 feet from any door to the KTC building or to any bus.
D.
The KTC Director or any Public Safety Officer who
has probable cause to believe that a person has, within the preceding
year, violated one of more of the provisions of this chapter, or that
a person, while on KTC premises or on a bus or train that stops at
the KTC, has violated any other criminal ordinance or statute, may
issue to the person a written statement indicating that the person
is banned from the KTC premises and/or a City bus.
E.
Any person who violates one or more of the provisions
above shall be deemed guilty of a misdemeanor. In the event that a
person is convicted of a violation of any provision of this chapter,
the court may, as part of any sentence imposed for such an offense,
prohibit the person from being upon the KTC premises.
A.
The following process shall apply to the banning of
a person from the KTC premises:
(1)
A written ban shall be provided to the affected person,
specifying the ban's duration and describing the nature of the violation.
(2)
The duration of a ban imposed by the Director of the
KTC or a Public Safety Officer shall not be for more than one year.
(3)
Unless otherwise indicated, a ban shall not bar the
person from riding an intracity bus, only from being upon the KTC
premises.
B.
A person who has received a ban from a Public Safety
Officer may request a hearing before the Director, and a person who
has received a ban from the Director may request a hearing before
the City Manager, subject to the following provisions:
(1)
The request for a hearing shall be in writing, filed
during either the duration of the ban or within 14 days of the issuance
of the ban, whichever period is shorter, at the office of the Director;
(2)
Said hearing shall occur within five business days
of said filing;
(3)
The hearing officer shall admit evidence of the type
commonly relied upon by reasonably prudent persons in the conduct
of their affairs;
(4)
The party requesting the hearing may be represented
by an attorney and, in the case of a minor, he or she shall be represented
by an attorney or his or her parent or legal guardian;
(5)
The burden of proof shall lie with the Public Safety
Officer to show by substantial evidence that the person banned from
the KTC violated a provision of this chapter;
(6)
Within three business days of the hearing, the hearing
officer shall issue a written decision affirming, reversing or modifying
the ban.
C.
A person aggrieved by the hearing officer's decision
upon the appeal of a ban imposed by a Public Safety Officer, or of
a ban imposed by the Director, may appeal to the Kalamazoo County
Circuit Court any time within 21 days of the ban or decision. The
Circuit Court shall review the record and decision to ensure that
the decision:
D.
If the court finds the record inadequate to make the
review required by this chapter or finds that additional material
evidence exists that with good reason was not presented, the court
shall order further proceedings on conditions that the court considers
proper. The hearing officer may modify his or her findings and decision
as a result of the new proceedings or may affirm the original decision.
The supplementary record and decision shall be filed with the court.
The court may affirm, reverse, or modify the decision.
E.
A person prohibited to be on the KTC premises by either
a ban or a court order shall not be upon said premises for the duration
of the ban or court order.
The KTC is intended to accommodate and provide
security for the traveling public. Access to the KTC by other persons
is restricted to further those purposes. In light of these purposes,
the City designates the KTC as a non-public forum with the intention
of limiting, consistent with applicable First Amendment jurisprudence,
expressive activity and other conduct permitted on the premises.
