Regional Transit Police Services
Penal Code
Acts Committed
In or On Public Transportation Vehicles and Facilities
640 .
(a)
PC
Any of the acts described in subdivision
(b)
is an infraction punishable by a fine not to exceed two hundred fifty
dollars ($250) and by community service for a total time not to exceed
48 hours over a period not to exceed 30 days, during a time other than
during his or her hours of school attendance or employment, when
committed on or in any of the following:
(1) Any facility or
vehicle of a public transportation system as defined by Section 99211
of the Public Utilities Code.
(2) Any facility of, or
vehicle operated by any entity subsidized by, the Department of
Transportation.
(3) Any leased or rented
facility or vehicle for which any of the entities described in
paragraph (1)
or (2)
incur costs of cleanup, repair, or replacement as a result of any of
those acts.
640.
(b)
(1)
Evasion of the payment of any fare of the system.
(2) Misuse of any
transfer, pass, ticket, or token with the intent to evade the payment
of any fare.
(3) Playing sound
equipment on or in any system facility or vehicle.
(4)
Smoking, eating, or drinking in or on any system facility or vehicle
in those areas where those activities are prohibited by that system.
(5)
Expectorating upon any system facility or vehicle.
(6) Willfully disturbing
others on or in any system facility or vehicle by engaging in
boisterous or unruly behavior.
(7) Carrying any
explosive or acid, flammable liquid, or toxic or hazardous material in
any public transit facility or vehicle.
(8) Urinating or
defecating in any system facility or vehicle, except in a lavatory.
However, this paragraph shall not apply
to any person who cannot comply with this paragraph as a result of
a disability, age, or a medical condition.
(9)
(A) Willfully blocking the
free movement of another person in any system facility or vehicle.
(B) This paragraph
(9)
shall not be interpreted to affect any lawful activities permitted
or first amendment rights protected
under the laws of this state or applicable federal law, including,
but not limited to, laws related to collective bargaining, labor
relations, or labor disputes.
(10) Skateboarding,
roller skating, bicycle riding, or roller blading in any system
facility, vehicle, or parking structure.
This paragraph does not apply to any activity that is necessary for
utilization of the transit facility by a bicyclist,
including, but not limited to, any activity that is necessary for
parking a bicycle or transporting a bicycle aboard a
transit vehicle, if that activity is conducted with the permission
of the transit agency in a manner that does not
interfere with the safety of the bicyclist or other patrons of the
transit facility.
(11)
(A) Unauthorized use of a
discount ticket or failure to present, upon request from a transit
system representative, acceptable proof of eligibility to use a
discount ticket, in accordance with Section 99155 of the Public
Utilities Code and posted system identification
policies when entering or exiting a transit station or vehicle.
Acceptable proof of eligibility must be clearly defined in the
posting.
(B) In the event that an
eligible discount ticket user is not in possession of acceptable
proof at the time of request, any citation issued shall be held for
a period of 72 hours to allow the user to produce acceptable proof.
If the proof is provided, the citation shall be voided. If the proof
is not produced within that time period, the citation shall be
processed.
640.5
(a)
(1) Any person who defaces with graffiti or other
inscribed material the interior or exterior of the facilities or
vehicles of a governmental entity, as defined by Section 811.2 of
the Government Code, or the interior or exterior of
the facilities or vehicles of a public transportation system as
defined by Section 99211 of the Public Utilities Code,
or the interior or exterior of the facilities of or vehicles
operated by entities subsidized by the Department of Transportation
or the interior or exterior of any leased or rented facilities or
vehicles for which any of the above entities incur costs of less
than two hundred fifty dollars ($250) for cleanup, repair, or
replacement is guilty of an infraction, punishable by a fine not to
exceed one thousand dollars ($1,000) and by a minimum of 48 hours of
community service for a total time not to exceed 200 hours over a
period not to exceed 180 days, during a time other than his or her
hours of school attendance or employment. This subdivision does not
preclude application of Section 594.
(2) In lieu of the community service required pursuant
to paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision
(f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, to keep a specified property in the community
free of graffiti for 90 days. Participation of a parent or guardian
is not required under this paragraph if the court deems this
participation to be detrimental to the defendant, or if the parent
or guardian is a single parent who must care for young children.
640.5
(b)
(1) If the person has been convicted previously of an infraction
under subdivision (a) or has a prior conviction of Section 594,
594.3, 594.4, 640.6, or 640.7, the offense is a misdemeanor,
punishable by imprisonment in a county jail not to exceed six
months, by a fine not to exceed two thousand dollars ($2,000), or by
both that imprisonment and fine. As a condition of probation, the
court shall order the defendant to perform a minimum of 96 hours of
community service not to exceed 400 hours over a period not to
exceed 350 days during a time other than his or her hours of school
attendance or employment.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision
(f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 180 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
640.5
(c)
(1)
Every person who, having been convicted previously under
this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any
combination of these offenses, on two separate occasions, and having
been incarcerated pursuant to a sentence, a conditional sentence, or
a grant of probation for at least one of the convictions, is
subsequently convicted under this section, shall be punished by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed three thousand dollars ($3,000), or by both that
imprisonment and fine. As a condition of probation, the court may
order the defendant to perform community service not to exceed 600
hours over a period not to exceed 480 days during a time other than
his or her hours of school attendance or employment.
(2) In lieu of the community service that may be ordered pursuant
to paragraph
(1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision
(f)
of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 240 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
640.5
(d)
(1) Upon conviction of any person under subdivision
(a), the
court, in addition to any punishment imposed pursuant to subdivision
(a), (b), or
(c), at the victim's option, may order the defendant to
perform the necessary labor to clean up, repair, or replace the
property damaged by that person.
(2) If a minor is personally unable to pay any fine levied for
violating subdivision (a),
(b), or (c), the parent or legal guardian
of the minor shall be liable for payment of the fine. A court may
waive payment of the fine or any part thereof by the parent or legal
guardian upon a finding of good cause.
640.5
(e)
Any fine levied for a violation of subdivision
(a), (b), or (c) shall be credited by the county treasurer pursuant to Section
1463.29 to the governmental entity having jurisdiction over, or
responsibility for, the facility or vehicle involved, to be used for
removal of the graffiti or other inscribed material or replacement
or repair of the property defaced by the graffiti or other inscribed
material. Before crediting these fines to the appropriate
governmental entity, the county may determine the administrative
costs it has incurred pursuant to this section, and retain an amount
equal to those costs.
Any community service which is required pursuant to subdivision
(a), (b), or
(c) of a person under the age of 18 years may be
performed in the presence, and under the direct supervision, of the
person's parent or legal guardian.
640.5
(f)
As used in this section, the term "graffiti or other
inscribed material" includes any unauthorized inscription, word,
figure, mark, or design that is written, marked, etched, scratched,
drawn, or painted on real or personal property.
640.5
(g)
The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision
(a), (b),
(c),
or (d) to undergo counseling.
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