BILL NUMBER: AB 2324 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN ASSEMBLY MAY 10, 2010
AMENDED IN ASSEMBLY MAY 4, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member John A. Perez
FEBRUARY 19, 2010
An act to amend Sections 602 and 640 of, and to add Section 171.7
to, the Penal Code, relating to transit.
LEGISLATIVE COUNSEL'S DIGEST
AB 2324, as amended, John A. Perez. Transit: public transit
facilities.
Existing law prohibits a person from knowingly possessing
specified weapons and other items within any sterile area, as
defined, of an airport or passenger vessel terminal, except as
specified.
This bill would make it a misdemeanor, punishable as specified,
for any person to knowingly possess at a public transit vehicle
facility, as defined, specified weapons, if a notice is posted at the
facility, as specified. By creating a new crime, the bill would
impose a state-mandated local program.
Existing law prohibits an unauthorized person from knowingly
entering any airport operations area or passenger vessel terminal, as
defined, if the area has been posted with certain notices , and
makes this conduct punishable by a fine . Existing law
provides that a person convicted of violating
violation of this provision is punishable by a specified fine
or term of imprisonment, or both, if he or she
the person refuses to leave the area after being requested
to do so by a peace officer or authorized personnel.
This bill would apply this prohibition and penalty
these prohibitions and penalties , in addition,
to knowingly entering, and to entering and refusing to leave,
a public transit facility, as defined. By expanding an existing
crime, the bill would impose a state-mandated local program.
Existing law prohibits a person from intentionally avoiding
submission to screening and inspection when entering or reentering a
sterile area of an airport or passenger vessel terminal, except as
specified. Existing law provides that a violation of this prohibition
that is responsible for the evacuation of an airport terminal or
passenger vessel terminal is punishable by not more than one year in
a county jail under certain circumstances.
This bill would apply this prohibition, in addition, to the
sterile area of a public transit facility, if a notice is posted at
the facility, as specified. This bill would recast the penalties for
avoiding submission to screening to impose a $500 fine for a first
offense that does not result in an evacuation or delay, and a fine of
$1,000 and by imprisonment of not more than one year in a county
jail for any 2nd or subsequent offense. For a first offense that
results in the evacuation of the terminal or facility, as specified,
this bill would impose a penalty of not more than one year in a
county jail. By expanding an existing crime, the bill would impose a
state-mandated local program.
Existing law provides that it is an infraction, punishable by a
fine not to exceed $250 and by specified community service, to evade
the payment of any fare of, or engage in specified passenger
misconduct on or in, a described facility or vehicle.
This bill would recast these provisions and make
, making some of these acts of misconduct misdemeanors
upon a first offense and make ,
making others of these acts of misconduct
misdemeanors upon the 3rd or subsequent offense, except that
eating or drinking in or on a system facility or vehicle
while providing that some would remain an
infraction as infractions , as specified.
This bill would add the operation of an electronic personal
assistive mobility device or motorized scooter in a system facility,
vehicle, or parking structure to the list of activities that are
misdemeanors on the 3rd or subsequent offense. The bill
would additionally make it a misdemeanor to willfully tamper with,
remove, displace, injure, or destroy any part of any light
rail train or bus equipment facility or vehicle of a
public transportation system . By creating a new crime and by
increasing the penalties for existing crimes, the bill would impose a
state-mandated local program.
Existing law makes it a misdemeanor punishable by a fine of not
more than $400, by imprisonment in the county jail for a period of
not more than 90 days, or both, to willfully tamper with, remove,
displace, injure, or destroy any part of any light rail train or bus
equipment.
This bill would instead provide that this provision apply to any
part of any facility or vehicle of a public transportation system. By
creating a new crime, the bill would impose a state-mandated local
program.
Existing law makes it an infraction to carry an explosive or acid,
flammable liquid, or toxic or hazardous materials in a public
transit facility or vehicle.
This bill would instead make it a misdemeanor, punishable as
specified, to carry explosives, acids, or flammable liquids in a
public transit facility or vehicle.
The bill would make additional technical amendments.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 171.7 is added to the Penal Code, to read:
171.7. (a) For purposes of this section:
(1) "Public transit facility" means any land, buildings,
and building, or equipment, or any interest
therein, including any station on a public transportation route, to
which access is controlled in a manner consistent with the public
transit authority's security plan, whether or not the operation
thereof produces revenue, which have as their
that has as its primary purpose the operation of a public
transit system or the providing of services to the passengers of a
public transit system. A public transit system includes the vehicles
used in the system, including, but not limited to, motor vehicles,
streetcars, trackless trolleys, buses, shuttles,
light rail systems, rapid transit systems, subways, trains,
taxicabs, or jitneys, that transport members of the public
for hire.
(2) "Sterile area" means any portion of a public transit facility
that is generally controlled in a manner consistent with the public
transit authority's security plan.
(3) "Firearm" has the same meaning as specified in Section 12001.
(b) It is unlawful for any person to knowingly possess within any
sterile area of a public transit facility any of the following, if
the sterile area is posted with a statement providing reasonable
notice that prosecution may result from possession of these items:
(1) Any firearm.
(2) Any imitation firearm as defined in Section 417.4.
(3) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2
CO 2 pressure, or spring action, or any spot marker gun
or paint gun.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any unauthorized tear gas weapon.
(8) Any undetectable knife, as described in Section 12001.1.
(c) (1) Subdivision (b) shall not apply to, or affect, any of the
following:
(A) A duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(B) A retired peace officer with authorization to carry concealed
weapons as described in subdivision (a) of Section 12027.
(C) A full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California.
(D) A qualified law enforcement officer of another state or the
federal government, as permitted under the Law Enforcement Officers
Safety Act pursuant to Section 926B or 926C of Chapter 44 of
Part 1 of Title 18 of the United States Code.
(E) Any person summoned by any of the officers listed in
subparagraphs (A) to (C), inclusive, to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting
the officer.
(F) A person who is responsible for the security of the public
transit system and who has been authorized by the public transit
authority's security coordinator, in writing, to possess a weapon
specified in subdivision (b).
(2) Paragraph (1) of subdivision (b) does not apply to or affect a
person who is exempt from the prohibition against carrying a handgun
pursuant to Section 12025 if the carrying of that handgun is in
accordance with the terms and conditions of the exemption specified
in Section 12027.
(3) Paragraph (7) of subdivision (b) shall not apply to or affect
the possession of a tear gas weapon when possession is permitted
pursuant to Chapter 4 (commencing with Section 12401) of Title 2 of
Part 4.
(d) A violation of this section is punishable by imprisonment in a
county jail for a period not exceeding six months, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(e) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission that is punishable in different ways by
this and any other provision of law shall not be punished under more
than one provision.
(f) This section does not prevent prosecution under any other
provision of law that may provide a greater punishment.
SEC. 2. Section 602 of the Penal Code is amended to read:
602. Except as provided in subdivision (u), subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
( l ) Entering any lands under cultivation or enclosed
by fence, belonging to, or occupied by, another, or entering upon
uncultivated or unenclosed lands where signs forbidding trespass are
displayed at intervals not less than three to the mile along all
exterior boundaries and at all roads and trails entering the lands
without the written permission of the owner of the land, the owner's
agent or of the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open
to the general public, upon being requested to leave by (1) a peace
officer at the request of the owner, the owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed by a peace officer at the request of the owner, the owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's agent, or the person in lawful possession, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. A
single notification or request to the person as set forth above shall
be valid and enforceable under this subdivision unless and until
rescinded by the owner, the owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport operations area, passenger vessel terminal, or public transit
facility if the area has been posted with notices restricting access
to authorized personnel only and the postings occur not greater than
every 150 feet along the exterior boundary, to the extent, in the
case of a passenger vessel terminal, as defined in subparagraph (B)
of paragraph (3), that the exterior boundary extends shoreside. To
the extent that the exterior boundary of a passenger vessel terminal
operations area extends waterside, this prohibition shall apply if
notices have been posted in a manner consistent with the requirements
for the shoreside exterior boundary, or in any other manner approved
by the captain of the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport or passenger vessel terminal
after being requested to leave by a peace officer or authorized
personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Public transit facility" has the same meaning as specified in
Section 171.7.
(D) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card. "Authorized personnel" also
means any person who has a valid public transit employee
identification.
(E) "Airport" means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport, passenger vessel terminal, as defined in Section 171.5, or
public transit facility, as defined in subdivision (u), if the
sterile area is posted with a statement providing reasonable notice
that prosecution may result from a trespass described in this
subdivision, is a violation of this subdivision, punishable by a fine
of not more than five hundred dollars ($500) for the first offense.
A second and subsequent violation is a misdemeanor, punishable by
imprisonment in a county jail for a period of not more than one year,
or by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment.
(2) Notwithstanding paragraph (1), if a first violation of this
subdivision is responsible for the evacuation of an airport terminal,
passenger vessel terminal, or public transit facility and is
responsible in any part for delays or cancellations of scheduled
flights or departures, it is punishable by imprisonment of not more
than one year in a county jail.
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or both, if the
person refuses to leave the posted area after being requested to
leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or both, for a
second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.
SEC. 3. Section 640 of the Penal Code is amended to read:
640. (a) (1) Any of the acts descr ibed 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 (7) (3)
, inclusive, of subdivision (b) (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
his or her the violator's hours of
school attendance or employment. A third or subsequent violation of
any of the acts described in paragraphs (1) to (7)
(3) , inclusive, of subdivision (b)
(c) is a misdemeanor punishable by a fine of not more than
four hundred dollars ($400) or by imprisonment in the 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 (c)
(d) shall be punishable by a fine of not more
than four hundred dollars ($400), by imprisonment in the 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.
(b)
(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) Playing sound equipment on or in a system facility or vehicle.
(4) Smoking 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) Skateboarding, roller skating, bicycle riding, roller blading,
or operating an electronic personal assistive mobility device
(EPAMD) or similar device as defined in Section 313 of the Vehicle
Code, or 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.
(7)
(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.
(8) Eating or drinking in or on a system facility or vehicle in
those areas where those activities are prohibited by that system
shall be 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.
(c)
(d) (1) Willfully disturbing others on or in a system
facility or vehicle by engaging in boisterous or unruly behavior.
(2) Carrying an explosive or acid, , acid,
or flammable liquid , or toxic or hazardous material
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.
(d)
(e) 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) or (c)
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.
(e)
(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 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.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.