SECTIONS 99580-99582 - California Statutes

PUBLIC UTILITIES CODE

SECTION 99580-99582

99580. (a) Pursuant to subdivision (c) of Section 640 of the Penal
Code, the City and County of San Francisco, the Los Angeles County
Metropolitan Transportation Authority, the Santa Clara Valley
Transportation Authority, the Sacramento Regional Transit District,
Long Beach Transit, Foothill Transit, and the Alameda-Contra Costa
Transit District may enact and enforce an ordinance to impose and
enforce an administrative penalty for any of the acts described in
subdivision (b). The ordinance shall include the provisions of this
chapter and shall not apply to minors.
(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 sound equipment on or in a system facility or vehicle.
(4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
(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) In the event that 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.
(c) (1) The City and County of San Francisco, the Los Angeles
County Metropolitan Transportation Authority, the Santa Clara Valley
Transportation Authority, the Sacramento Regional Transit District,
Long Beach Transit, Foothill Transit, and the Alameda-Contra Costa
Transit District may contract with a private vendor for the
processing of notices of fare evasion or passenger conduct violation,
and notices of delinquent fare evasion or passenger conduct
violation pursuant to Section 99581.
(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) All fare evasion and passenger conduct violation penalties
collected by the processing agency in the City and County of San
Francisco shall be deposited to the general fund of the City and
County of San Francisco.
(5) All fare evasion and passenger conduct violation penalties
collected by the Los Angeles County Metropolitan Transportation
Authority, Long Beach Transit, or Foothill Transit shall be deposited
in the general fund of the County of Los Angeles.
(6) All fare evasion and passenger conduct violation penalties
collected by the Santa Clara Valley Transportation Authority shall be
deposited in the general fund of the County of Santa Clara.
(7) All fare evasion and passenger conduct violation penalties
collected by the Sacramento Regional Transit District shall be
deposited in the general fund of the County of Sacramento.
(8) All fare evasion and passenger conduct violation penalties
collected by the Alameda-Contra Costa Transit District 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 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 City and County of San
Francisco, the Los Angeles County Metropolitan Transportation
Authority, the Santa Clara Valley Transportation Authority, the
Sacramento Regional Transit District, Long Beach Transit, Foothill
Transit, and the Alameda-Contra Costa Transit District 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.

99581. (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
following:
(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.

99582. (a) Within 30 calendar days after the mailing or personal
delivery of the decision described in subdivision (c) of Section
99581, the person may seek review by filing an appeal to be heard by
the superior court where the same shall be heard de novo, except that
the contents of the processing agency's file in the case shall be
received in evidence. A copy of the notice of fare evasion or
passenger conduct violation shall be admitted into evidence as prima
facie evidence of the facts stated therein establishing a rebuttable
presumption affecting the burden of producing evidence. A copy of the
notice of appeal shall be served in person or by first-class mail
upon the processing agency by the person filing the appeal. For
purposes of computing the 30-calendar-day period, Section 1013 of the
Code of Civil Procedure shall be applicable. A proceeding under this
subdivision is a limited civil case.
(b) Notwithstanding any other provision of law, the fee for filing
the notice of appeal shall be as provided in Section 70615 of the
Government Code. The court shall request that the processing agency's
file on the case be forwarded to the court, to be received within 15
calendar days of the request. The court shall notify the appellant
of the appearance date by mail or personal delivery. The court shall
retain the fee regardless of the outcome of the appeal. If the court
finds in favor of the appellant, the amount of the filing fee shall
be reimbursed to the appellant by the processing agency. Any deposit
of fare evasion or passenger conduct penalty shall be refunded by the
processing agency in accordance with the judgment of the court.
(c) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by a commissioner and other
subordinate judicial officers at the direction of the presiding judge
of the court.
(d) If a notice of appeal of the processing agency's decision
described in subdivision (c) of Section 99581 is not filed within the
period set forth in subdivision (a), that decision shall be deemed
final.