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California Penal Code Section 640

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

640.  (a) (1) Any of the acts described in paragraphs (1) to (6),
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.
   (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.
   (6) Sale or peddling of any goods, merchandise, property, or
services of any kind whatsoever on the facilities, vehicles, or
property of the public transportation system, if the public
transportation system has prohibited those acts and neither the
public transportation system nor its duly authorized representatives
have granted written consent to engage in those acts.
   (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.
   (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.
   (e) Notwithstanding subdivision (a), a public transportation
agency, as defined in paragraph (4) of subdivision (c) of Section
99580 of the Public Utilities Code, may enact and enforce an
ordinance providing that a person who is the subject of a citation
for any of the acts described in subdivision (b) of Section 99580 of
the Public Utilities Code on or in a facility or vehicle described in
subdivision (a) for which the public transportation agency has
jurisdiction shall, under the circumstances set forth by the
ordinance, be afforded an opportunity to complete an administrative
process that imposes only an administrative penalty 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.
   (f) For purposes of this section, a "facility or vehicle of a
public transportation system" means 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 facility or vehicle of the Southern California Regional Rail
Authority, whether owned or leased.
   (4) A leased or rented facility or vehicle for which any of the
entities described in paragraph (1), (2), or (3) incurs costs of
cleanup, repair, or replacement as a result of any of those acts.

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Last modified: March 17, 2014