A.
Purpose. In furtherance of its proprietary function as provider of public transportation, the City makes a variety of transit properties available to persons who use public transit services. Although transit properties may be accessed by the general public, they are not open public forums either by nature or by designation. Transit properties are intended to be used for public transit-related activities and provide little, if any, space for other activities.
Most public communication activities are generally prohibited in or on transit properties, regardless of viewpoint expressed, because they are incompatible with the City's legitimate interests, including but not limited to:
1.
Securing the use of scarce parking spaces and shelter space for persons who are using public transit services;
2.
Maintaining safe, clean and secure transit properties to retain existing, and attract new users of public transit services;
3.
Reducing litter pickup and other maintenance or other administrative expenses so as to maximize the provision of public transit services;
4.
Preventing delays and inconvenience to passengers by minimizing congestion, and expediting their boarding, transferring, and deboarding of transit vehicles; and
5.
Securing scarce space at the tunnel and other passenger facilities for potential commercial activities intended to produce revenues for the system and attract riders with convenience services and goods.
It is the purpose of this chapter to describe the varying degrees to which passengers and the public are allowed to engage in public communication activities on the three categories of transit property identified in KMC § 9.35.030. This chapter does not apply to City activities or to City employees engaged in authorized activities in the course of their employment.
B.
Obligations of Communicator. In addition to any civil infraction or criminal sanctions which may be applicable under this chapter or applicable federal, State and local law, any person engaged in public communication activities and found responsible for littler, damages or destruction of property, whether by accident or intent, shall be responsible for cleanup and/or shall be liable for the cost of cleanup, repair and replacement as necessary.
C.
Noncity Uses. Notwithstanding the limitations and prohibitions contained in this chapter, the City reserves the right to enter into licenses, leases or other use agreements permitting noncity uses of transit properties which are found to be compatible with the City's proprietary public transit function and interests; provided, the city manager shall comply with applicable King County Charter, King County Code and State law requirements in executing such licenses, leases and agreements.
(Ord. 01-0101 § 44(2) (KCC 28.96.020))