SB 1236, as introduced, Monning. Santa Cruz Metropolitan Transit District.
Existing law provides for the creation of the Santa Cruz Metropolitan Transit District, governed by a board of directors, with specified powers and duties related to the operation of public transit services serving the County of Santa Cruz.
This bill would authorize the board of directors of the district to adopt ordinances that prohibit certain activities with respect to the district’s operation, including the giving of false information to a district employee or contracted security officer engaged in the enforcement of ordinances or state law, otherwise obstructing the issuance of a citation, unauthorized operation or interference with transit facilities or property, and related matters. The bill would also authorize the adoption of an ordinance that specifies the conditions under which bicycles may be carried. The bill would authorize district employees or contracted security officers to enforce these and other related provisions, as specified. The bill would authorize the board to provide that a violation of the ordinances is an infraction, with maximum specified fines and community service time. By providing for the creation of a new crime, this bill would thereby impose a state-mandated local program.
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 98120 is added to the Public Utilities
2Code, to read:
(a) The board of directors may adopt ordinances that
4do any of the following:
5(1) Prohibit persons from knowingly giving false information
6to a district employee, or contracted security officer, engaged in
7the enforcement of district ordinances or state law, or otherwise
8obstructing the issuance of a citation for violation of district
9ordinances or state law.
10(2) Prohibit unauthorized operation of, interference with, entry
11into, climbing upon, attaching to, or loitering on or in, transit
12facilities or other transit property.
13(3) Prohibit the removal, displacement, injury, destruction, or
14obstruction of any district
structure or fixture.
15(4) Specify conditions under which a passenger may board a
16district vehicle with a bicycle and where the bicycle may be stowed.
17(b) The board may provide that a violation of any ordinance
18adopted pursuant to subdivision (a) is an infraction punishable by
19a fine not exceeding seventy-five dollars ($75), and that a violation
20by a person after the second conviction is punishable by a fine not
21to exceed two hundred fifty dollars ($250) and by community
22service for a total time not to exceed 48 hours over a period not to
23exceed 30 days that do not conflict with the violator’s hours of
24school attendance or employment.
25(c) This section does not prohibit any person from engaging in
26activities that are protected under the laws of the United States or
27of California, including, but not limited to,
picketing,
28demonstrating, or distributing handbills.
29(d) A district employee, or contracted security officer, may
30enforce any ordinance adopted pursuant to this section as provided
31in subdivision (e) of Section 830.7 of the Penal Code and may
32enforce violations of Sections 640 and 640.5 of the Penal Code
33when so authorized by an ordinance adopted by the board.
P3 1(e) Nothing in this section shall affect any rights or immunities
2conferred pursuant to Section 836.5 of the Penal Code.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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