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Regional Transit
Police Services |
Penal Code
Acts Committed
In or On Public Transportation Vehicles and Facilities640 .
(a)
PC
Any of the acts described in paragraphs (1)
to (5), inclusive, of
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 the violator's hours of school attendance or
employment. Any of the acts described in paragraphs
(1) to
(3), inclusive, of subdivision
(c), upon a first or second
violation, 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 the violator's hours of school
attendance or employment.
A third or subsequent violation of
any of the acts described in paragraphs (1)
to (3), inclusive, of
subdivision (c)
is a misdemeanor punishable by a fine of not more than four hundred
dollars ($400) or by imprisonment in a county jail for a period of
not more than 90 days, or by both that fine and imprisonment. Any of
the acts described in subdivision
(d) shall be punishable by a
fine of not more than four hundred dollars ($400), by imprisonment
in a county jail for a period of not more than 90 days, or by both
that fine and imprisonment.
(2)
This section shall apply only to acts committed on or in a
facility or vehicle of a public transportation system.
640.
(b)
(1)
Eating or drinking in or on a system facility or vehicle in areas
where those activities are prohibited by that system.
(2) Disturbing another
person by loud or unreasonable noise.
(3) Smoking in or on a
system facility or vehicle in areas where those activities are
prohibited by that system.
(4)
Expectorating upon a system facility or vehicle.
(5)
Skateboarding, roller skating, bicycle riding, roller blading, or
operating a motorized scooter or similar device, as defined in
Section 407.5 of the Vehicle Code in a system facility, vehicle, or
parking structure. This paragraph does not apply to an activity that
is necessary for utilization of the transit facility by a bicyclist,
including, but not limited to, an 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.
640.
(c)
(1)
Evasion of the payment of a fare of the system. For purposes of this
section, fare evasion includes entering an enclosed area of a public
transit facility beyond posted signs prohibiting entrance without
obtaining valid fare, in addition to entering a transit vehicle
without valid fare.
(2) Misuse of a transfer,
pass, ticket, or token with the intent to evade the payment of a
fare.
(3)
(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.
(d)
(1)
Willfully disturbing others on or in a system facility or vehicle by
engaging in boisterous or unruly behavior.
(2) Carrying an
explosive, acid, or flammable liquid in a public transit facility or
vehicle.
(3) Urinating or
defecating in a system facility or vehicle, except in a lavatory.
However, this paragraph shall not apply to a person who cannot
comply with this paragraph as a result of a disability, age, or a
medical condition.
(4)
Willfully blocking the free movement of another person in a system
facility or vehicle. This paragraph 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.
(5) Willfully tampering
with, removing, displacing, injuring, or destroying any part of any
facility or vehicle of a public transportation system.
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)
Evasion of the payment of a fare of the system. For purposes of this
section, fare evasion includes entering an enclosed area of a public
transit facility beyond posted signs prohibiting entrance without
obtaining valid fare, in addition to entering a transit vehicle
without valid fare.
(2)
Misuse of a transfer, pass, ticket, or token with the intent to
evade the payment of a fare.
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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