(1) A person commits failure to present a valid transit pass or coupon if the person occupies, rides in, or uses a public transportation vehicle without paying the applicable fare or providing a valid transit pass or coupon.
A person shall not occupy, ride in, or use a public transportation vehicle withoutpossession of proof of prior fare payment. A person shall present proof of prior fare payment upon demand of a fare inspector appointed or employed pursuant to subsection (4) of this section, a peace officer, or any other employee or agent of a public transportation entity.
A violation of this section is a class B traffic infraction and is punishable by a fine ofseventy-five dollars. Notwithstanding any other provision of law, fines for a violation of subsection (1) of this section shall be retained by the clerk of the court in the city and county of Denver upon receipt by the clerk for a violation occurring within that jurisdiction, or transmitted to the state judicial department if the fine is receipted by the clerk of the court of any other county.
(a) Public transportation entities may appoint or employ, with the power of removal, fare inspectors as necessary to enforce the provisions of this section. The employing public transportation entity shall determine the requirements for employment as a fare inspector.
(b) A fare inspector appointed or employed pursuant to this section is authorized to enforce the provisions of this section while acting within the scope of his or her authority and in the performance of his or her duties. A fare inspector is authorized to issue a citation to a person who commits failure to provide a valid transit pass or coupon in violation of this section. The fare inspector shall issue a citation on behalf of the county in which the person occupying, riding in, or using a public transportation vehicle without paying the applicable fare is located at the time the violation is discovered. The public transportation entity whose fare inspector issued the citation shall timely deliver the citation to the clerk of the county court for the jurisdiction in which the accused person is located at the time the violation is discovered.
(5) As used in this section, unless the context otherwise requires:
(a) "Proof of prior fare payment" means:
A transit pass valid for the day and time of use;
A receipt showing payment of the applicable fare for use of a public transportationvehicle during the day and time specified in the receipt; or
A prepaid ticket or series of tickets showing cancellation by a public transportationentity used within the day and time specified in the ticket.
"Public transportation entity" means a mass transit district, a mass transit authority,or any other public entity authorized under the laws of this state to provide mass transportation services to the general public.
"Public transportation vehicle" means a bus, a train, a light rail vehicle, or any othermode of transportation used by a public transportation entity to provide transportation services to the general public.
"Transit pass" means any pass, coupon, transfer, card, identification, token, ticket, orother document, whether issued by a public transportation entity or issued by an employer to employees pursuant to an agreement with a public transportation entity, used to obtain public transit.
Source: L. 2012: Entire section added, (SB 12-044), ch. 274, p. 1446, § 1, effective June 8.