(a) No person, while boarding on board, or exiting any form of public transportation, shall recklessly cause inconvenience, annoyance or alarm to another by doing any of the following:
(1) Knowingly or recklessly causing or attempting to cause physical harm to another;
(2) Engaging in fighting, threatening, harm to persons or property, or engaging in violent, turbulent behavior;
(3) Making unreasonable noise or an offensive coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;
(4) Insulting, taunting or challenging another, under circumstances in which such conduct is likely to provoke a violent response;
(5) Hindering or preventing the movement of persons so as to interfere with the rights of others, which act serves no lawful and reasonable purpose to the offender.
(6) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, which act serves no lawful and reasonable purpose of the offender.
(b) Whoever violates subsection (a) hereof shall be guilty of creating a disturbance on public transportation, a misdemeanor of the third degree. In addition to the penalties provided generally within this Code for third degree misdemeanor offense, any person convicted of violating subsection (a) hereof shall further be ordered suspended from all forms of public transportation within the City for a period of not less than thirty days nor more than one year.
(c) Whoever violates an order of suspension imposed by a court pursuant to subsection (b) hereof, commits a second or subsequent violation of subsection (a) hereof or who commits a first violation of subsection (a) hereof in which serious bodily harm is either caused or threatened to another shall be guilty of a first degree misdemeanor.
(d) In addition to the penalties provided generally under this Code for first degree misdemeanor offenses, whoever violates subsection (c) hereof shall be ordered indefinitely banned from all forms of public transportation within the City until such time as that person can demonstrate to the court that he or she no longer poses a danger to the health, safety and welfare of both the general public and the employees of the City while aboard public transportation.
(e) Where an individual ordered suspended or indefinitely banned under this section is determined to be "handicapped" as that term is defined in the "Americans With Disabilities Act", that individual shall be provided access to the North Olmsted Commission on Paratransit, Inc. unless it is expressly determined by the Director of Public Safety for the City that providing such access will impose an undue burden upon the City in providing for the safety of its public transportation employees.
(Ord. 94-12. Passed 4-19-94.)