§ 106-52. Evading payment of fare for transportation service; conduct on city's streetcar transit system; penalties.

(a)

It shall be unlawful, within the corporate limits of the city, for any person to evade or attempt to evade payment of the fare for transportation service upon a rapid rail system, public transit bus, or upon city's streetcar transit system. As used in this section, the "evasion of payment of the fare" shall include the following acts, activities or conduct:

(1)

Entry into or upon a rapid rail car, public transit bus, or streetcar vehicle without payment of the fare charged for transportation service.

(2)

Following fare payment, the refusal to exit the city streetcar vehicle after traveling two times around the full streetcar route.

(3)

Following fare payment, the refusal to exit the city streetcar vehicle after:

(A)

A single one-way trip; or

(B)

The expiration of a multi-trip pass.

(4)

Misuse of a transfer, TransCard, pass, ticket, token, Metropolitan Atlanta Rapid Transit Authority (MARTA) Breeze Card, MARTA University Pass Program Card or other evidence of payment of or prepayment of a fare issued by the city or MARTA with the intent to avoid or to assist another in avoiding payment of the fare charged for transportation service.

(5)

Use or attempted use of a signed city or MARTA TransCard pass or ticket, MARTA Breeze Card or MARTA University Pass Program Card for the payment of the fare charged for transportation service by a person who is not the person whose signature appears on the TransCard who is not the owner of the city or MARTA pass or ticket or a MARTA Breeze Card.

(b)

As applied to the city's streetcar transit system, fare payment shall be valid for use towards:

(1)

A single one-way trip for two hours from the time of issuance/validation. A single one-way trip on the city streetcar is defined as the distance between a rider's point of entering the streetcar vehicle and the point of exiting the streetcar vehicle, but no more than two times around the full streetcar route.

(2)

A multi-trip pass from the time of issuance / validation through the end of the pass's last consecutive service day. A multi-trip pass holder must exit the streetcar vehicle after traveling two consecutive times around the full streetcar route, but may re-enter the streetcar vehicle without payment of an additional fare prior to the expiration of the multi-trip pass.

(c)

It shall be unlawful for any person to commit or to attempt to commit any of the following acts on a city streetcar vehicle or a city streetcar stop platform:

(1)

Spit, defecate, or urinate.

(2)

Discard litter, except into receptacles designated for that purpose.

(3)

Smoke tobacco in any form, included by not limited to in the form of electronic cigarettes, personal vaporizers, or electronic nicotine delivery systems.

(4)

Consume food or beverage or possess any open food or beverage container, provided that this paragraph shall not apply to resealable beverages in resealable plastic containers, to an operator of a city streetcar at an authorized layover point, or to a person providing food or beverage to any child under age five; provided, further, that nothing in this subsection shall apply to a city streetcar stop platform.

(5)

Play any radio, cassette, cartridge, tape player, digital music player, or similar device, unless such device is connected to an earphone that limits the sound to the hearing of an individual user.

(6)

Carry or possess any explosives, acids, other dangerous articles, or live animals, except for the following:

(A)

A guide dog or service dog, provided that such guide dog or service dog is accompanied by a physically disabled person, blind person, person with visual disabilities, deaf person, or a person who is responsible for training a guide dog or service dog; or

(B)

Small pets confined to rigid pet carriers with locks or latches.

(7)

Obstruct, hinder, interfere with, or otherwise disrupt or disturb the operation, operator, or passengers of the city streetcar.

(8)

Board any city streetcar vehicle through the rear exit door, unless so directed by an employee or agent of the city streetcar.

(9)

Remain onboard a city streetcar vehicle after such vehicle has completed its scheduled route and passengers have been advised to exit the vehicle or remain aboard the city streetcar vehicle after having been warned and after such vehicle has entered a garage or other restricted area not open to the public.

(10)

Enter, exit or pass through any emergency door of the city streetcar vehicle in the absence of a bona fide emergency.

(11)

Enter the operator's cab or driver's seat of a city streetcar vehicle in absence of a bona fide emergency.

(12)

Monetarily solicit or sell goods or services for a fee without the grant of a concession by the City of Atlanta.

(13)

Deface, damage, displace, remove or destroy any advertisement, security sign, or notice on or in any city streetcar vehicle or city streetcar stop platform.

(14)

Fail to exhibit proof of fare payment upon request of a Code Enforcement Agent or Atlanta Police Officer when entering or occupying a city streetcar vehicle.

(15)

Possess or sell stolen or counterfeit proof of fare payment.

(16)

Interfere with the operation of the city streetcar vehicle, city streetcar stop platform, or any city streetcar pay station.

(17)

Remain at a city streetcar stop platform for more than two hours.

(d)

The penalty imposed upon a conviction of subsection (a) of this section shall be a $100.00 fine. Upon a sentence of probation upon a conviction of subsection (a) of this section, the sentencing court may require as a special condition thereof, that the person be prohibited from riding the city streetcar during the probationary period.

(e)

The penalty imposed upon a conviction of subsection (c) of this section shall be as provided in section 1-8. Upon a sentence of probation upon a conviction of subsection (c) of this section, the sentencing court may require as a special condition thereof, that the person be prohibited from riding the city streetcar during the probationary period.

(f)

Employees of the city streetcar's system, or the Atlanta Police Department while performing the duties of their employment shall be exempted from the restrictions of paragraphs (8), (9), (10), and (11) of subsection (c) of this section.

(Code 1977, § 17-11004; Ord. No. 2014-16(14-O-1170), § 1, 5-14-14 ; Ord. No. 2015-61(15-O-1517), § 1, 11-25-15 )

State law reference

Theft of services, O.C.G.A. § 16-8-5.