§ 38-195. Regulation governing proof of fare payment.

(a)

Definitions. As used in this article, unless the context requires otherwise:

(1)

Self-service fare means the procuring of a boarding ticket from a vending machine or other source.

(2)

Fare inspector means a person sworn as a special police officer under section A9.7 of the Charter of the City and County of Denver for the purpose of enforcing this section.

(3)

Proof of fare payment means any of the following:

a.

An RTD pass, coupon or transfer valid for the time and day of use; or

b.

A receipt showing payment of the applicable fare, used within the time and day applicable to the receipt; or

c.

A prepaid ticket or series of tickets, showing cancellation by RTD time stamp, used within the time and day applicable to the ticket.

(4)

RTD means the Regional Transportation District.

(b)

Prohibitions. It shall be a noncriminal infraction for any person:

(1)

To occupy, ride in or use an RTD light rail vehicle without paying the applicable fare;

(2)

To occupy, ride in or use any RTD light rail vehicle without carrying proof of fare payment;

(3)

Who is occupying an RTD light rail vehicle to fail to exhibit proof of fare payment upon demand of a fare inspector or police officer; or

(4)

Who is occupying an RTD light rail vehicle to provide a false name, address or identification to a fare inspector or police officer.

(c)

Identification. A fare inspector or police officer may require a person failing to exhibit proof of payment to give his or her name and address and to exhibit identification if available.

(d)

Construction. Nothing herein is intended to compromise or waive the right to enforce concurrently, or in the alternative, other remedies available pursuant to the law, including those applicable to the crime of theft of service or trespass.

(e)

Penalty.

(1)

Upon a finding or admission of guilt or liability, either upon personal appearance, by mail, or by default, a violator shall be punished according to a penalty schedule established by the presiding judge of Denver County Court not to exceed three hundred dollars ($300.00), plus costs as set by law.

(2)

At the time a person is charged with the commission of the infraction, pursuant to subsection (b) above, the officer shall issue the defendant a penalty assessment notice, which shall contain all of the information required by section 38-196.

(3)

The general violations bureau may grant a discount of not more than twenty (20) percent of the scheduled penalty to any defendant who pays such penalty and who takes advantage of such discount at the time of payment, not more than twenty (20) days after the date of issuance and service of the penalty assessment notice upon such defendant. Payment in person on or before the twentieth day after service of the penalty assessment notice or mailed payment postmarked on or before the twentieth day after such service shall constitute payment for the purposes of this section only.

(4)

In addition to the penalty set forth in this section, there shall be added such costs and surcharge as are set forth in sections 14-40 and 20-103 of this Code.

(Ord. No. 818-94, § 1, 10-17-94)