Cincinnati Council has delayed a vote on a proposal to ban loitering at future Bus Rapid Transit stops.
The ordinance says anyone who violates the proposed rules could be fined up to $250, jailed for up to 30 days, or both. Council member Scotty Johnson said he’s concerned the penalties are too harsh.
"I do wish it was an MM — minor misdemeanor — versus an M-4," Johnson said. "Where we could warn, cite and then increase the fines if you're a repeat offender."
A minor misdemeanor has a fine of up to $150 and no jail time.
Council members Meeka Owens and Seth Walsh echoed the concerns.
"I think it makes sense why there's a need for this to go into place," Walsh said Wednesday. "But I'm deeply uncomfortable with even the possibility and the thought that somebody could go to jail for this."
The proposal uses the same language and penalties as what’s currently in place for stops along the streetcar; it says a person can only occupy the transit stop for as long as it takes to purchase fare, wait for the bus/streetcar, and board or de-board.
City Manager Sheryl Long told Council Wednesday she believes no one has gone to jail for loitering at a streetcar stop, adding the administration could provide Council with more information on enforcement.
The measure passed out of Tuesday's Public Safety and Governance Committee, which Johnson chairs, without any discussion about the penalties.
Council voted unanimously Wednesday to refer the ordinance back to committee for further discussion. That includes the possibility of amending the streetcar loitering law to reduce the penalties.
"I would agree with the logic that it should be consistent for streetcar versus Bus Rapid Transit ... to adjust the streetcar to be the minor misdemeanor as well, and adjust this one down to a minor misdemeanor," Walsh said.
The measure will return to the Public Safety and Governance Committee, scheduled to meet next on March 18. The committee has four members, but ordinance sponsor Mark Jeffreys encouraged all nine council members to attend so they can participate in the discussion.
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