A. Violations
A person who violates the code is subject to a notice of violation and imposition of any and all remedies, fines, criminal sanctions, damages and penalties available by law. Enforcement of any provisions of the code involving the payment of any fees, penalties or other administrative amounts, or community service, based on
California Penal Code section 640 (b) and (c), shall be pursuant to the authority and according to the procedures, herein and as set forth in the California Public Utilities code including section 99580 et seq. Parents or guardians shall also be responsible in addition to the minor for any fees, penalties, fines incurred or damages caused by their minor in connection with a citation.
B. (1) A person who violates any provision of the code other than those described in Section A above and who receives a notice of violation may, within 21 days of the issuance of such notice of violation, request an initial review of the notice of violation by Metro. The request for review may be made by telephone, in writing or in person. There shall be no charge for this review. If following the initial review Metro is satisfied that the violation did not occur, or that extenuating circumstances exist, and that the dismissal of the notice of violation is appropriate in the interests of justice, Metro may cancel the notice of violation. Metro shall notify, in writing the person requesting the review of the results of the initial review. If the notice of violation is not dismissed, reasons shall be provided for the denial. Notice of the results of the review shall be deemed to have been received by the person who requested the initial review when personally delivered five days following the mailing of the decision by Metro.
(2) If the person subject to the notice of violation is not satisfied with the result of the initial review, the person may no later than 21 days following the mailing of the initial review decision request an administrative hearing of the violation.
The request may be made by telephone, in person or by mail. The person requesting the administrative hearing shall deposit with Metro the amount due under the notice of violation for which the administrative review hearing is requested. A person may request administrative review without payment of the amount due upon providing Metro with satisfactory evidence of an inability to pay the amount due. An administrative hearing shall be held within 90 days of the receipt of request for an administrative hearing.
(3) The administrative hearing shall include all of the following:
(a) The person requesting the hearing shall have the choice of a hearing in person or by mail. An in-person hearing shall be held within the jurisdiction of Metro, and shall be conducted according to such written procedures as may from time to time be approved by the Chief Executive Officer of Metro or the Chief Hearing Officer. The hearing shall provide an independent, objective, fair and impartial review of contested violations.
(b) The hearing shall be conducted before a hearing officer designated to conduct the review by Metro’s Chief Executive Officer or Chief Hearing Officer. In addition to any other requirements of employment, the hearing officer shall demonstrate those qualifications, training and objectivity as are necessary and consistent with the duties and responsibilities of the position as determined by Metro’s Chief Executive Officer or Chief Hearing Officer. The hearing officer’s continued employment shall not be directly or indirectly linked to the amount of penalties imposed by the hearing officer.
(c) The person who issued the notice of violation shall not be required to participate in an administrative hearing. Metro shall not be required to introduce any evidence other than the notice of violation. The notice of violation, in proper form shall be prima facie evidence of the violation.
(d) Following a determination by a hearing officer that there is sufficient evidence that a person did commit the violation, the hearing officer may, pursuant to Metro Transit Court policies and procedures, order payment in installments, transit school and/or community service. Where it is determined that circumstances exist such that the dismissal of the notice of violation would best serve the interests of justice, the hearing officer may dismiss the notice of violation and shall provide written reasons in support of that decision.
The hearing officer shall have the power and authority to make rulings in the interests of justice within the law and Metro policies concerning notices of violation and the adjudication of hearings, including the granting of eligibility to attend Metro’s Transit School for the purpose of reducing any penalty payment, perform community service in lieu of all or a portion of the payment of fines, or other remedy.
(e) The hearing officer’s decision following the administrative hearing may be delivered personally by the hearing officer or may be sent by first class mail.
(f) Transit Court shall retain jurisdiction pending completion of any order by the Transit Court, but this shall not toll the period for appeal to Superior Court following the initial order of the Transit Court. The hearing officer’s decision at administrative review is final except as otherwise provided by law.
C. Ejection
A person who violates any provision of the code may be ejected by order of an authorized Metro representative and may be excluded from all or a portion of Metro vehicles and facilities. This remedy is in addition to any other fine, penalty, assessment or other remedy available at law. The procedures for exclusion are those set forth in Subsections D–H of this Enforcement Section.
1. A person who violates the code may be immediately ejected from the Metro facility or vehicle, without refund of any fare, by an authorized Metro representative who witnesses a violation.
2. A person who violates the code is subject to an administrative fine or other penalty for each violation, as specified in the Metro penalty schedule approved by the Board of Directors or Chief Executive Officer up to the maximum amount provided by law. The Metro penalty schedule shall include fines, fees, administrative penalties, late payment fines, collection recovery costs and other such amounts. To determine the Metro penalty schedule, the costs to the agency and other relevant factors shall be considered.
3. A person who violates the code must, in addition to any fines or penalties listed in Metro’s penalty schedule, or as otherwise required by law, pay restitution if the violation involves damages.
4. A violation of the code that is also a violation of a local, state or federal law may be prosecuted in a court proceeding by the appropriate authority, in addition to any enforcement by or remedies available to Metro.
5. Failure to comply with a Notice of Exclusion may result in fines, a citation for criminal trespass, and any other applicable criminal and civil remedies.
6. Metro may establish procedures concerning the administration of any hearing provided such procedures are not in conflict with applicable law or the code, and are approved by the Metro Board or the Chief Executive Officer or Chief Hearing Officer.
7. Metro’s Board of Directors or Chief Executive Officer or Chief Hearing Officer shall designate the officers, employees, consultants or contractors who shall be authorized to issue notices of violation, citation, order ejections and exclusions, or otherwise carry out the duties under the code and any requisite training for such persons.
D. Exclusion
1. A person, who violates the code or a law in a Metro facility or vehicle, may be excluded from all or part of Metro facilities and vehicles either indefinitely or for a period of time specified in the Metro penalty schedule or notice of exclusion provided pursuant to Subsection E below.
2. Any person to whom a notice of violation or Penal Code citation or written warning pertaining to an offense, which occurred on or in a public transit facility or vehicle, was issued, and: (a) who has received a citation or written warning for the same violation at least three times in the prior 12 months; or (b) who has failed to pay any applicable fines, fees, penalties or other administrative amounts by the due date, or otherwise resolve the citation when such payment was due; or (c) who is the subject of any outstanding warrant, pending trial, or convicted with respect to any Penal Code offense that is alleged to have occurred on or in a public transit system facility or vehicle, is subject to exclusion, and may receive a notice of exclusion pursuant to Subsection E below.
3. A person excluded under the code may not enter a Metro facility or vehicle during the period of exclusion. Metro may take any reasonable steps necessary to enforce an order of exclusion, including criminal arrest or such other remedies as may be available at law.
E. Notice of Exclusion
A notice of exclusion shall be given by Metro or its authorized representative by personal delivery, first class mail, or if the person does not provide Metro or its representative with a valid current address, to the address provided by the excluded person at the time of any underlying violation(s), or at the excluded person’s last known address. A notice of exclusion is deemed received on the date of personal delivery or five days after the date the notice of exclusion is mailed. The notice of exclusion shall specify the reason for exclusion, the places or transit lines from which the person is excluded, the duration of exclusion, the consequences for failing to comply with the terms of exclusion, and the right to seek review or appeal the decision. Any exclusion shall begin on the third day following receipt of the notice of exclusion unless otherwise specified in the notice of exclusion, except that exclusions issued for a period of one day or less are effective at the time the notice of exclusion is received. The exclusion, or other remedy, shall be suspended upon Metro’s receipt of a request for review and until the review is decided.
F. Review Request
An excluded person may request a review of the exclusion. The exclusion shall be suspended upon Metro’s receipt of a request for review of a notice of exclusion, and until the review is decided and notice of the decision or review is received by the excluded person. The request for review must be made in writing, and may be submitted by mail, or in person or as otherwise provided in the notice of exclusion, within five days after the notice of exclusion is received from Metro. A request for review or notice of decision or review is deemed to be received on the date it is personally delivered, or if mailed, five days after the date of the postmark. The excluded person will be notified of the date for public hearing by mail or in person. The excluded person may request that the exclusion be rescinded or waived for good cause, that the places of exclusion be altered, or that the duration of exclusion be reduced or be permitted to participate in any diversion program available by Metro for which such persons are eligible. The request should include a copy of the notice of exclusion or the number assigned to the notice, a request for review, the current mailing address and signature of the excluded person, and any written statement (and supporting documentation) to explain why the exclusion should be rescinded, waived, altered, reduced or otherwise modified.
G. Administrative Review
The hearing shall be conducted by a hearing officer who is fair and impartial. The excluded person is not required to attend the hearing, and shall have the choice of the hearing being conducted by mail or in person. No Metro representative shall be required to attend the hearing. Metro may submit a copy of the notice(s) of violation, any notice of exclusion, and any documentation or statement by the Metro representative(s) issuing the notice(s) of violation or notice of exclusion. Any notice(s) of violation and/or notice of exclusion shall be received into evidence. Other relevant evidence submitted may be received into evidence at the determination of the presiding hearing officer. Copies of the notice(s) of violation and/or notice(s) of exclusion shall be prima facie evidence of the facts stated therein and shall establish a rebuttable presumption supporting the exclusion of the individual. At the hearing, the hearing officer will review the prima facie validity of the notice of exclusion. Metro and the excluded person may present evidence, including witness testimony, to the hearing officer and may question witnesses who are present at the hearing. The hearing officer’s decision shall be based on a preponderance of the evidence. Hearing officers shall have the discretion to dismiss or reduce the fines or other penalties, cancel the notice of exclusion, and make necessary modifications in the interests of justice, including permitting enrollment in an appropriate Metro diversion program for which such person is eligible, in accordance with any policies or procedures adopted by the Metro Hearing Unit. Continuances of the appeal hearing are disfavored but may be ordered by the hearing officer. The hearing officer may authorize the recording of the hearing. The decision of the hearing officer shall be made in writing. The decision of the hearing officer shall be deemed in full effect upon personal service to the excluded person or five days after the mailing of the decision to the address provided by the excluded person.
H. Schedule
Metro shall adopt a penalty schedule of administrative penalties, and any necessary additional procedures in furtherance of enforcement of this code. The schedule and any procedures deemed necessary shall be subject to the approval of the Chief Executive Officer.
I. This ordinance shall be in full force and effective on February 27, 2012.
46
1 49 CFR 37.3
2 ADA Title II, section 35.104
3 49 CFR 37.123
4 Civil Code § 54.25
5 Civil Code §§ 54.1-54.2; 28 CFR 36.104
6 Penal Code § 640(b)(5)
7 Vehicle Code § 406
8 Penal Code § 640(d)(4)
9 Vehicle Code § 22500(i); Vehicle Code § 22523(b)
10 Public Utilities Code § 99170
11 Vehicle Code § 21701
12 Public Utilities Code § 99170(a)(2)
13 Civil Code § 54.1
14 Penal Code §§ 241.3, 243.3, 243.35, 245.2, 640(b)(2) & 640(d)(1)
15 Penal Code § 602.7
16 Penal Code § 640(b)(4)
17 Penal Code § 640(d)(2)
18 Penal Code § 640(d)(3)
19 Penal Code § 640(d)(1)
20 Penal Code §§ 241.3 & 245.2
21 Penal Code § 647(a)
22 Penal Code § 647(b)
23 Penal Code §§ 594, 640.5-640.8
24 Penal Code § 374.4
25 Penal Code §§ 243.3 & 243.35
26 Public Utilities Code §99170(a)(4)
27 Penal Code §§ 640(b)(1) & (b)(3)
28 Penal Code § 640(b)(1)
29 B & P Code § 25662; H & S Code §§ 11350-11351, 11357
30 Penal Code § 647(f)
31 Civil Code § 3479
32 Government Code § 7597(a); Penal Code § 640(b)(3)
33 Penal Code § 647(h)
34 Penal Code § 647(e)
35 Penal Code §§ 640(b)(2) & (d)(1)
36 Vehicle Code §§ 21203 & 21712
37 Penal Code § 625c
38 Penal Code § 647(c)
39 Penal Code §§ 245.2, 247(b) & 171.7
40 Penal Code § 171.7
41 Penal Code § 640(c)
42 Penal Code § 640(c)(3)
43 Penal Code § 640(c)(2)
44 Penal Code § 640(c)(1)
45 Penal Code § 640(e)
46 Amendments adopted 02/28/2013 effective 30 days after publication in a newspaper of general circulation.
47 Civil Code § 2080.6