Fort Walton Beach Ordinance — 2154--Withdrawn ‎(related to bus stops, unnecessary due to approval of 2152 & 2153)‎ — reading text

bo'Aavawn g, aq. ao,. y ORDINANCE 2154 4) A AIt X5)'9 AN O INANCE OF THE CITY COUNCIL OF THE CITY OF 0 T old 3115 c' WALT BEACH, FLORIDA; PROVIDING FOR AUTHI Y; a 153, 4efe was CREATI G SECTION 8. 13 OF THE CODE OF ORDINANCES, ENI COMME IAL BUS STOP OPERATIONS; MANDATING TH ALL h 0 +need. , lo per= COMMER IAL BUS STOPS COMPLY WITH THE STAND SET a 15 4 FORTH IN EDERAL TRANSIT ADMINISTRATION ( FTA) R1 4710. 1 AND 4 CFR PARTS 37 AND 38, TO ENSURE FULL AC SSI: FOR PERSON WITH DISABILITIES; PROVIDING FOR S RAE AND PROVID AN EFFECTIVE DATE. WHEREAS, the F eral Transit Administration' s ( FTA) ircular 4710. 1 and 49 CFR Parts 37 and 38 establish com ehensive federal standards for tra portation accessibility; WHEREAS, these fed al guidelines are crucial i facilitating an inclusive public transportation system; WHEREAS, the American with t ( ADA), enacted in 1990, aims to DisabilitiJisability ensure that individuals with disabili ' es have full transportation, by prohibiting discrimina on based on ( ss to public spaces, including public 42 U. S. C. §§ 12101 et seq.); WHEREAS, the U.S. Department6 Justic , in conjunction with the U.S. Department of Transportation, emphasizes the importanc of nsuring that public transportation systems, including commercial bus stops, are compliant th ADA Standards for Accessible Design; WHEREAS, compliance with ADA gu tions will enhance the city's reputation as an inclusive and welcoming destination for isitors of all abilities and encourage responsible corporate citizenship among transportatio providers; WHEREAS, it is in the public ' terest to ensure at commercial bus stops are equipped with proper accessibility features, su as ramps, tactile arning strips, adequate shelter, and clear signage, to accommodate passe gers with varying disab' ities; WHEREAS, the World alth Organization recognize that approximately 15% of the global population lives with so e form of disability, reinforci the urgent need to address accessibility in public infrastru ure (World Health Organization, 20 1); WHEREAS, enhanci g ADA compliance at commercial bus sops aligns with the City's strategic goal to foster a verse, inclusive, and equitable environm t for all residents and visitors; WHEREAS, AV1A- compliant commercial bus stops will benefit r t only people with disabilities but also old r adults, families with strollers, and other vulnerable pulations; WHEREAS, the passage of this Ordinance will demonstrate the y's unwavering commitment to uJd the principles of fairness, dignity, and equality enshrined ' the ADA; WHEREthe City Council of Fort Walton Beach, and the City of Fort lton Beach, are dedicated tomoting accessibility and non-discrimination in public transp rtation for individuals withbilities; and  WHEREAS, it is in the best interest for the safety, health, and welfare of the City residents, City businesses, and visitors to have ordinances and regulations adopted for tVe- safe an inclusive opertion of commercial bus stop businesses within the City of Fort Walton each. NOW, T EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT. The authority for enactment of this ordinance is pursuant to the po ers vested in the City provisions of Chapter by Home Rule Authority of Section 166. 021( 1) of the Florida Statutes, 162 of the Florida Statutes, and the City Charter. SECTION 2. CREA NG SECTION 8. 13 OF THE , ORT WALTON BEACH CODE OF ORDINACES TITL'XD COMMERCIAL BUS STOP OPERATIONS. Bus 8. 13. 1. Definitions a). 49 CFR Parts 37 and 38. Fe4eral,& wlations that outline the requirements for transportation facilities and vehicles to be acce ' le to individuals with disabilities. b). CFR. CFR stands for Code of Fee 1 Regulations, which is the codification of the general and ermanent rules published in th Fed al Register by the executive departments and agencies of the federalova. c). Commercial Bus Sto : Aommercial us StoD is a designated location where Intercily Common Carrier Bus Servi buses o eratin on commercial routes pause to pick u and drop off passengers. d). FTA Circular 4710. 1./- Oideline issued b e Federal Transit Administration that provides standards for the accessiflity of services and facih ies related to public trans ortation. e). Interci Common arrier Bus Service: An Inteicity Common Carrier Bus Service is owned and o erated b rivate party and utilizes a tic6ting system, typicallyjypically char in nassenaers a fare based on t& length of their iourney. 2. Accessibility Standards For Commercial Bus within the i of Fort Walton Bach shall full com 1 with the accessibili st dards set forth in FTA Circular 4710. 1 4d 49 CFR Parts 37 and 38. This compliance include but is not limited to the design_ constructifon. and operation of bus stop facilities.  b) Platform and Boarding Area Requirements. 1 Level Boarding. As per 49 CFR Part 38. 23platforms and boarding area must be level ith a slope not exceeding 1: 48 or approximately 1. 19 degees, ch is essentia for safe and easN\ boarding and alighting for all passengers, especially those usi mobility aids. 2 Surface and Gaps. Surfaces of boarding areas must be f stable and sli resistant to preveni accidents complying with 49 CFR Part 37. 9 which addresses th construction and alteration of facilities. 3 Boarding and Alighting Assistance. Devices such/as lifts or ramps must b provided where level boardin& is not available as re uired under 49 CFR Part 38. 23( b). Thes, devices must be maintained in o erative condition. c) Signage. 1 Visual and Tactile Signs. Com 1 in wi49 CFR Part 38. 31 signage at bu sto s must include both visual and tactile characters to 9commodate passengers with visua impairments. This includes hi h-cohtrast lettering, Braille and raised characters. 2 Informational Co tent. Signs must rovide route information schedules an emergency information clearly dis la ed and accessible as outlined in FTA Circular 4710. 1 Section 4. 1. 2. I Tactile Walkin =Surface Indicat 1) Installation Reauireme s. Tactile walking surface indicators ( TWSIs) are at all bus stops toy nide visual) ii afire assen ers safe) within the bus sto are as d by FTA Circular 4710. 1 Sect' n 2. 3. 3. TWSIs should have a contrasting color and istinct from the surroundin walKinp, surfac. 2 Maintenance of WSIs. Revzl r maintenance checks must ensure that re not worn out or obscure - non-com liant Aiditions must be corrected immediate) general maintenance stan8ards in 49 CFR Part X7. 21. iobilijy aids with ufficient height ands ace as sj2ecifim in 49 CFR Part 38.29. Seats allow for eas traAsfer from wheelchairs and other mobilit evices. 2 Sh ter Design and Placement. Shelters must rovide adequate weather on be positigbed to allow wheelchair users to enter and exit 4sily, and not obstruct the followin 7, 4he clearances stated in FTA Circular 4710. 1 Sectio 4. 3. 2. f) Lighti g. 1 Lighting Standards. Adequate lighting must be provii d for safetyand to nssenvers with visual imnairments. LiE-, htin2 fixtures should be nosi ' oned to illuminate signs, TWSIs boarding areas and shelters effectively, without creating glare or shadows that could impede visibility, as recommended in FTA Circular 4710. 1, Section 2. 3. 5. M Maintenance and Inspections. 1 e ular Maintenance. All accessibilijy features k bus stops must be remdarly maintained N working order, with VroWt rgRairs undert& 46 as necessM to avoid service disru tion or safhv hazards as mandated by 49 CFR Part 37.2 M Insnect on Schedule. Detailed inspections mus be carried out quarterly to corrective actions. 8. 13. 3. Maintenance In4pection. And Reporting a Maintenance Re ui' ements. Accessibility f atures at all commercial bus stol2s must be maintained in functional c can and safe conditio . Immediate re airs are required if an accessibility feature becomes non -ft' or poses a safety hazard. b Regular Inspections. Th City it of Fort W Alton Beach Code Enforcement Division will conduct guarterly inspections to en pre com lian e with the accessibility standards set forth in this ordinance. c Reporting. Transit roviders ust re ort an accessibili barriers or incidents of non-com liance to the Ci1y. of Fort Walton B ach kode Enforcement Division within 24 hours of occurrence. 8. 13. 04 Penalties. a Criminal Penalties. Any o ner of real ronerty where a Commercial Bus Stop is sited who violates section 8. 13 or an owner of a bu iness o eratin a Commercial Bus Sto who violates section 8. 13 or any man er of a businAgperating a Commercial Bus Stop who violates section 8. 13 shall be rosec ted in the same maxiner as misdemeanors are prosecuted. Upon conviction a violator shall Ve vunished by a fine not to exceed five hundred dollars 500.00 or by im risonment in tie county ' ail not to exce six 60 days, or by both a fine and imprisonment. This enforce ent procedure and enalt for violations of this article is adopted under the ex ress auth ty of F. S. § 162. 22. This artle ma be enforced by the Fort Walton Beach Police DeDartmeAt or Growth Management Dgariment. M Non -Criminal enalties. In addition to any crime al penalties which may be imposed, the City shall havk recourse to such remedies in law and e ty as may be necesspa to iMposed, ensure compliance with thd provisions of this article,