REPORT TO THE CITY COUNCIL
February 8, 2018
THROUGH: BRUCE RUDD, Interim Assistant City Manager
Office of the Mayor & City Manager
FROM: JIM SCHAAD, Director
Department of Transportation
SUBJECT
Title
BILL (for introduction) - Amending Sections 5-302, 5-303, 5-304, 5-305, 5-307, 5-308, and adding Sections 5-309 and 5-310 to Article 3 of Chapter 5 of the Fresno Municipal Code, relating to fare evasion and enforcement
Body
RECOMMENDATION
Staff recommends Council adopt the amendments and additions to the Fresno Municipal Code (FMC) relating to various violations consistent with State of California Penal Code 640 and Public Utilities Commission sections 99580 and 99581.
EXECUTIVE SUMMARY
On April 27, 2017, the Department of Transportation brought forth proposed changes to the Fresno Municipal Code related to fare evasion in anticipation of Bus Rapid Transit (BRT), which is scheduled to begin service on February 19, 2018. This item was never enacted due to concerns conveyed by the Council related to a number of issues ranging from the type of citation being issued to the manner in which an alleged violation could be appealed.
Since that time, it has been determined that State of California Penal Code 640 and Public Utilities Code (PUC) sections 99580 and 995801 (see attached) already provide the level and type of citations that a transit agency can impose, the type of behavior/misconduct that could result in the issuance of a citation, the administrative process in which a citation can be appealed, as well as providing an individual the option of performing community service in lieu of paying a fine.
While the proposed changes were in anticipation of BRT, the proposed changes to the FMC would also apply to traditional fixed route services in accordance with Penal Code 640 and PUC Sections 99580 and 99581.
BACKGROUND
On April 27, 2017, and in anticipation of the implementation of BRT, the Department of Transportation brought forward pro...
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