BILL REQ. #:  Z-0700.1 

Read first time 01/16/12.   Referred to Committee on Transportation.

     AN ACT Relating to unlawful ferry conduct; adding a new section to chapter 9.91 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 9.91 RCW to read as follows:
     (1) A person is guilty of unlawful ferry conduct if, while on or in a ferry vessel or in or at a ferry facility, he or she knowingly:
     (a) Smokes or carries a lighted or smoldering pipe, cigar, or cigarette, unless he or she is smoking in an area designated and authorized by the Washington state ferries;
     (b) Discards litter other than in designated receptacles;
     (c) Dumps or discards, or both, any materials on or at a ferry facility including, but not limited to, hazardous substances and automotive fluids;
     (d) Plays any radio, recorder, or other sound-producing equipment, except that nothing in this subsection prohibits the use of the equipment when connected to earphones or an ear receiver that limits the sound to an individual listener. The use of public address systems or music systems that are authorized by the Washington state ferries is permitted. The use of communications devices by ferry employees and designated contractors or public safety officers in the line of duty is permitted, as is the use of private communications devices used to summon, notify, or communicate with other individuals, such as pagers and cellular phones;
     (e) Spits, expectorates, urinates, or defecates, except in appropriate plumbing fixtures in restroom facilities;
     (f) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing in this subsection prevents a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law;
     (g) Consumes an alcoholic beverage or is in possession of an open alcoholic beverage container, unless authorized by the Washington state ferries and required permits have been obtained;
     (h) Obstructs or impedes the flow of ferry vessels or passenger traffic, hinders or prevents access to ferry vessels or facilities, or otherwise unlawfully interferes with the provision or use of public transportation services;
     (i) Unreasonably disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior;
     (j) Destroys, defaces, or otherwise damages property in a ferry vessel or at a ferry facility;
     (k) Throws an object in a ferry vessel, at a ferry facility, or at any person at a ferry facility with intent to do harm;
     (l) Possesses an unissued transfer or fare media or tenders an unissued transfer or fare media as proof of fare payment;
     (m) Falsely claims to be a ferry operator or other ferry employee or through words, actions, or the use of clothes, insignia, or equipment resembling department-issued uniforms and equipment, creates a false impression that he or she is a ferry operator or other ferry employee;
     (n) Engages in gambling or any game of chance for the winning of money or anything of value;
     (o) 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. However, a person may walk while wearing skates or carry a skateboard while on or in a ferry vessel or in or at a ferry facility if that conduct is not otherwise prohibited by law;
     (p) Fails to maintain a pet or domestic animal under physical control on a leash no more than eight feet in length or otherwise physically restrained at all times, unless the pet or domestic animal is being used as a service animal or for law enforcement purposes; or
     (q) Engages in other conduct that is inconsistent with the intended use and purpose of the ferry facility or ferry vessel and refuses to obey the lawful commands of an agent of the Washington state ferries or a peace officer to cease such conduct.
     (2) For the purposes of this section:
     (a) "Ferry facility" means all passenger facilities, docks, structures, stops, shelters, properties, and rights-of-way of all kinds that are owned, leased, held, or used by the state of Washington for the purpose of providing a state ferry system under chapter 47.60 RCW.
     (b) "Ferry vessel" means any ferry boat, or any other device or vessel, that is owned or operated by the Washington state ferries or an entity providing service on behalf of the Washington state ferries that is used for the purpose of carrying passengers on a regular schedule.
     (c) "Washington state ferries" means the Washington state ferries under chapter 47.60 RCW.     
     (3) Any person who violates this section is guilty of a misdemeanor.