Issuance and Processing of Interdiction Commands

Code Enforcement and Fare Inspection Standard Operating Procedures

Duties and Responsibilities:

1. Circumstances and Incidents Justifying the Issuance of an Interdiction Command:  An agent of the District may issue an Interdiction Command to any person upon the property of the District as is necessary to preserve safety, security and order upon the District Transit System.  The issuing Inspector or Supervisor must base an Interdiction Command on three separate findings:

a) A finding, based on credible and sufficient evidence, that an Interdiction Command is necessitated by an immediate risk to either system security/order or the physical safety of a District employee, contractor or passenger; and
b) A finding that the directive contained in the Interdiction Command will mitigate the risk to system security/order or the physical safety of a District employee, contractor or passenger; and
c) A finding that an eligible provision of the TriMet Code as been violated.  Eligible provisions are limited to the following:

i) The conduct of a person interferes with the safety and security of the District Transit System, or part thereof.  Conduct that interferes with the safety and security of the District Transit System includes:

• Weapon
• Criminal Activity; but only including an act which is punishable as a felony, or involving controlled substances, or which has resulted in physical damage to District property, or any criminal act defined under Oregon Statutes Chapter 166, “Offenses Against Public Order; Firearms and Other Weapons”
• Hazardous or Toxic Materials or Substances
• Explosive Materials or Devices
• Abandonment of Packages
• Discharge or Detonation of a Weapon
• Interference with Emergency Response

ii) The conduct of a person is reasonably suspected as presenting a risk of future physical injury to a District employee, contractor, or customer.  Conduct that may generate reasonable suspicion of a risk of future physical injury to another includes:

(a) Harassment and Intimidation
(b) Criminal Activity, but only including:
All “Offenses Against Persons” as defined in O.R.S. Chapter 163; and
Any other criminal violation that has resulted in physical harm to another person.
(c) Threats

No person may be issued an Interdiction Command solely for a violation of the TriMet Code or criminal statute unless such action also qualifies for an Interdiction Command as detailed above.  Further, no person may be issued an Interdiction Command for any conduct that constitutes expressive conduct protected by the Oregon and U.S. Constitutions.

2. Scope and Length of Interdiction Commands

The scope of the Interdiction Command shall be determined by the issuing agent but shall be no broader than is necessary to mitigate the risk necessitating the Interdiction Command.  The maximum length of the directive contained in the Interdiction Command is four (4) hours.  The geographical coverage of the Interdiction Command is solely limited by the property boundaries subject to the ownership of control of TriMet, however, the geographical scope of the Interdiction Command will generally be confined to the location in which the act occurred that prompted the issuance of the Interdiction Command.  For the purpose of these Rules, the location of the act is the transit center, platform, shelter, vehicle, parking lot, or other portion of TriMet property in which the act(s) occurred, so long as such location is reasonably capable of description.
An Interdiction Command may direct the following (subject to the limitations on scope discussed above):

Direct that an individual depart a TriMet location or vehicle and avoid reentry upon or in such defined location or vehicle for the period of time specified on the Interdiction Command.
Direct that an individual avoid contact or communication with a TriMet employee or customer, for the period of time and at such locations as is specified on the Interdiction Command.

3. Notice to the Individual Receiving an Interdiction Command

The Interdiction Command shall provide fair and reasonable notice to a person receiving the directive contained in the Interdiction Command.  This notice shall consist of a) the particular geographic location(s), vehicles, routes, or persons that the subject person must avoid; b) the length of the Interdiction Command, which shall not exceed four (4) hours; and c) the consequences of violating the Interdiction Command, which shall include the penalties for a violation of the TriMet Code (warning, citation or exclusion) and/or criminal arrest for Criminal Trespass or Interference with Public Transportation.

4. Enforcement Requirements

a) Interdiction Command Form
The Interdiction Command shall be substantially in the form of Exhibit A.

b) Exercise of Discretion
TriMet Inspectors and Supervisors shall exercise their discretion in accordance with, and subject to the constraints of, their respective departments and TriMet policies. 

c) Alternative Transportation Requirements
No enforcement officer may issue an Interdiction Command to an individual in a below-described category unless the enforcement officer can ensure that such person is offered a reasonable means by which to reach a safe and appropriate destination, by a) requiring that the individual board a vehicle to their destination and delay the effective time of the Interdiction Command; or b) arrange for alternative transportation to a safe destination; or c) if the individual is en route to a medical appointment, arrange for alternative transportation to the medical appointment. 

Minors:  An individual under the age of eighteen (18) years old may not be immediately ejected by Interdiction Command from a TriMet vehicle (or denied access thereto) without the offer of an alternative transportation arrangement, as described above.
Persons with Disabilities:  An individual with a readily discernable or specifically disclosed physical or mental disability whose ejection would render such person unable to reach a safe destination, or otherwise leave such individual in a vulnerable state, may not be immediately ejected from a TriMet vehicle (or denied access thereto) without the offer of an alternative transportation arrangement, as described above.
Persons En Route to a Medical Appointment:  An individual that specifically advises the enforcement officer that he or she is en route to a medical appointment may not be immediately ejected from a TriMet vehicle (or denied access thereto) without the offer of an alternative transportation arrangement, as described above.

5. Effect of Receipt of an Interdiction Command

An Interdiction Command shall be effective upon personal service to the individual receiving the Interdiction Command, in accordance with the terms of the directive contained in the Interdiction Command.   An individual failing to abide by the terms of the Interdiction Command that is found upon TriMet property is present without lawful authority, so long as the presence is intentional.  Thus, the individual is subject for arrest and prosecution for the crime of Interfering with Public Transportation (ORS 166.116(a)) or Criminal Trespass in the second degree (ORS 162.245).

6. Review and Monitoring of Interdiction Commands

• Copies of all Interdiction Commands and narratives shall be provided directly to a Field Operations Lead at the end of your shift.  The Manager of Field Operations shall periodically review the records of Interdiction Commands to ensure that the Commands are being issued in conformance with these Rules.
• Field Supervisors and Inspectors are required to submit Interdiction Command narratives that contain specific and complete information:

1. The reason for the stop and contact of the citizen, (why did we engage the person).
2. Describe all facts that support use of the Interdiction Command.
3. Describe the TriMet Code provision that was being violated.
4. Describe the security risk that was being created.
5. Describe the reason of your decision to use the Interdiction Command to mitigate the risk by location and time limit.