Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 640

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 640

(a) 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) A facility or vehicle of a public transportation system as
defined by Section 99211 of the Public Utilities Code.
   (2) A facility of, or vehicle operated by any entity subsidized
by, the Department of Transportation.
   (3) A 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.
   (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 public transit 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 (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 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.
   (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.
   (c) Notwithstanding subdivision (a), the City and County of San
Francisco and the Los Angeles County Metropolitan Transportation
Authority may enact and enforce an ordinance providing that any of
the acts described in subdivision (b) on or in a facility or vehicle
described in subdivision (a) for which the City and County of San
Francisco or the Los Angeles County Metropolitan Transportation
Authority has jurisdiction shall be subject only to an administrative
penalty imposed and enforced in a civil proceeding. The ordinance
for imposing and enforcing the administrative penalty shall be
governed by Chapter 8 (commencing with Section 99580) of Part 11 of
Division 10 of the Public Utilities Code and shall not apply to
minors.

Last modified: January 12, 2009