(a) Pursuant to subdivision (e) of Section 640 of the Penal
Code, a public transportation agency may enact and enforce an
ordinance to impose and enforce an administrative penalty for any of
the acts described in subdivision (b).
(b) (1) Evasion of the payment of a fare of the system.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) Playing unreasonably loud sound equipment on or in a system
facility or vehicle, or failing to comply with the warning of a
transit official related to disturbing another person by loud or
(4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
(5) Expectorating upon a system facility or vehicle.
(6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a system facility or vehicle.
(8) 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.
(9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
(B) 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.
(10) Skateboarding, roller skating, bicycle riding, or roller
blading in a system facility, including a parking structure, or in a
system vehicle. This paragraph does not apply to an activity that is
necessary for utilization of a system facility by a bicyclist,
including, but not limited to, an activity that is necessary for
parking a bicycle or transporting a bicycle aboard a system vehicle,
if that activity is conducted with the permission of the agency of
the system in a manner that does not interfere with the safety of the
bicyclist or other patrons of the system facility.
(11) (A) Unauthorized use of a discount ticket or failure to
present, upon request from a system representative, acceptable proof
of eligibility to use a discount ticket, in accordance with Section
99155, and posted system identification policies when entering or
exiting a system station or vehicle. Acceptable proof of eligibility
must be clearly defined in the posting.
(B) If an eligible discount ticket user is not in possession of
acceptable proof at the time of request, an issued notice of fare
evasion or passenger conduct violation shall be held for a period of
72 hours to allow the user to produce acceptable proof. If the proof
is provided, that notice shall be voided. If the proof is not
produced within that time period, that notice shall be processed.
(12) Selling or peddling any goods, merchandise, property, or
services of any kind whatsoever on the facilities, vehicles, or
property of the public transportation system without the express
written consent of the public transportation system or its duly
(13) Failing to yield seating reserved for an elderly or disabled
(c) (1) The public transportation agency may contract with a
private vendor or governmental agency for the processing of notices
of fare evasion or passenger conduct violation, and notices of
delinquent fare evasion or passenger conduct violation pursuant to
(2) For the purpose of this chapter, "processing agency" means
either of the following:
(A) The agency issuing the notice of fare evasion or passenger
conduct violation and the notice of delinquent fare evasion or
passenger conduct violation.
(B) The party responsible for processing the notice of fare
evasion or passenger conduct violation and the notice of delinquent
violation, if a contract is entered into pursuant to paragraph (1).
(3) For the purpose of this chapter, "fare evasion or passenger
conduct violation penalty" includes, but is not limited to, a late
payment penalty, administrative fee, fine, assessment, and costs of
collection as provided for in the ordinance.
(4) For the purpose of this chapter, "public transportation agency"
shall mean a public agency that provides public transportation as
defined in paragraph (1) of subdivision (f) of Section 1 of Article
XIX A of the California Constitution.
(5) All fare evasion and passenger conduct violation penalties
collected pursuant to this chapter shall be deposited in the general
fund of the county in which the citation is administered.
(d) (1) If a fare evasion or passenger conduct violation is
observed by a person authorized to enforce the ordinance, a notice of
fare evasion or passenger conduct violation shall be issued. The
notice shall set forth the violation, including reference to the
ordinance setting forth the administrative penalty, the date of the
violation, the approximate time, and the location where the violation
occurred. The notice shall include a printed statement indicating
the date payment is required to be made, and the procedure for
contesting the notice. The notice shall be served by personal service
upon the violator. The notice, or copy of the notice, shall be
considered a record kept in the ordinary course of business of the
issuing agency and the processing agency, and shall be prima facie
evidence of the facts contained in the notice establishing a
rebuttable presumption affecting the burden of producing evidence.
(2) When a notice of fare evasion or passenger conduct violation
has been served, the person issuing the notice shall file the notice
with the processing agency.
(3) If, after a notice of fare evasion or passenger conduct
violation is issued pursuant to this section, the issuing officer
determines that there is incorrect data on the notice, including, but
not limited to, the date or time, the issuing officer may indicate
in writing on a form attached to the original notice the necessary
correction to allow for the timely entry of the corrected notice on
the processing agency's data system. A copy of the correction shall
be mailed to the address provided by the person cited at the time the
original notice of fare evasion or passenger conduct violation was
(4) If a person contests a notice of fare evasion or passenger
conduct violation, the issuing agency shall proceed in accordance
with Section 99581.
(e) In setting the amounts of administrative penalties for the
violations listed in subdivision (b), the public transportation
agency shall not establish penalty amounts that exceed the maximum
fine amount set forth in Section 640 of the Penal Code.
(f) A person who receives a notice of fare evasion or passenger
conduct violation pursuant to this section shall not be subject to
citation for a violation of Section 640 of the Penal Code.
(g) If an entity enacts an ordinance pursuant to this section it
shall, both two years and five years after enactment of the
ordinance, report all of the following information to the Senate
Committee on Transportation and Housing and the Assembly Committee on
(1) A description of the ordinance, including the circumstances
under which an alleged violator is afforded the opportunity to
complete the administrative process.
(2) The amount of the administrative penalties.
(3) The number and types of citations administered pursuant to the
(4) To the extent available, a comparison of the number and types
of citations administered pursuant to the ordinance with the number
and types of citations issued for similar offenses and administered
through the courts both in the two years prior to the ordinance and,
if any, since enactment of the ordinance.
(5) A discussion of the effect of the ordinance on passenger
(6) A discussion of the effect of the ordinance on revenues to the
entity described in subdivision (a) and, in consultation with the
superior courts, the cost savings to the county courts. The superior
courts are encouraged to collaborate on and provide data for this
(a) For a period of 21 calendar days from the issuance to a
person of the notice of fare evasion or passenger conduct violation,
the person may request an initial review of the violation by the
issuing agency. The request may be made by telephone, in writing, or
in person. There shall be no charge for this review. If, following
the initial review, the issuing agency is satisfied that the
violation did not occur or that extenuating circumstances make
dismissal of the administrative penalty appropriate in the interest
of justice, the issuing agency shall cancel the notice. The issuing
agency shall advise the processing agency, if any, of the
cancellation. The issuing agency or the processing agency shall mail
the results of the initial review to the person contesting the notice
and if following that review, cancellation of the notice does not
occur, the agency shall include a reason for that denial,
notification of the ability to request an administrative hearing, and
notice of the procedure adopted pursuant to subdivision (b) for
waiving prepayment of the penalty based upon inability to pay.
(b) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
violation no later than 21 calendar days following the mailing of the
results of the issuing agency's initial review. The request may be
made by telephone, in writing, or in person. The person requesting an
administrative hearing shall deposit with the processing agency the
amount due under the notice for which the administrative hearing is
requested. The issuing agency shall adopt a written procedure to
allow a person to request an administrative hearing without payment
of the amount due upon satisfactory proof of an inability to pay the
amount due. An administrative hearing shall be held within 90
calendar days following the receipt of a request for an
administrative hearing, excluding time tolled pursuant to this
chapter. The person requesting the hearing may request one
continuance, not to exceed 21 calendar days.
(c) The administrative hearing process shall include all of the
(1) The person requesting a hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be conducted
within the jurisdiction of the issuing agency. If an issuing agency
contracts with a private vendor pursuant to paragraph (1) of
subdivision (c) of Section 99580, hearings shall be held within the
jurisdiction of the issuing agency.
(2) The administrative hearing shall be conducted in accordance
with written procedures established by the issuing agency and
approved by the governing body or chief executive officer of the
issuing agency. The hearing shall provide an independent, objective,
fair, and impartial review of contested violations.
(3) The administrative review shall be conducted before a hearing
officer designated to conduct the review by the issuing agency's
governing body or chief executive officer. In addition to any other
requirements of employment, a hearing officer shall demonstrate those
qualifications, training, and objectivity prescribed by the issuing
agency's governing body or chief executive as are necessary and which
are consistent with the duties and responsibilities set forth in
this chapter. The hearing officer's continued employment, performance
evaluation, compensation, and benefits shall not be directly or
indirectly linked to the amount of fare evasion or passenger conduct
violation penalties imposed by the hearing officer.
(4) The person who issued the notice of fare evasion or passenger
conduct violation shall not be required to participate in an
administrative hearing. The issuing agency shall not be required to
produce any evidence other than the notice of fare evasion or
passenger conduct violation. The documentation in proper form shall
be prima facie evidence of the violation pursuant to paragraph (1) of
subdivision (d) of Section 99580.
(5) The hearing officer's decision following the administrative
hearing may be personally delivered to the person by the hearing
officer or sent by first-class mail.
(6) Following a determination by the hearing officer that a person
committed the violation, the hearing officer may allow payment of
the fare evasion or passenger conduct penalty in installments or
deferred payment if the person provides satisfactory evidence of an
inability to pay the fare evasion or passenger conduct penalty in
full. If authorized by the issuing agency, the hearing officer may
permit the performance of community service in lieu of payment of the
fare evasion or passenger conduct penalty.