San Francisco County Municipal Code Art. 7 Permits

Sec. 7.01. Permits – Purpose. Sec. 7.02. Definitions. Sec. 7.03. Permits Required. Sec. 7.04. Additional Activities Requiring Permits. Sec. 7.05. Permit Procedure. Sec. 7.06. Conditions. Sec. 7.07. Permits – Basis for Denial. Sec. 7.08. Petitioning, Leafletting, Picketing, Soliciting. Sec. 7.09. Reservation of Buildings and Stadiums. Sec. 7.10. Yacht Harbor. Sec. 7.11. Sales Prohibited at Art Shows. Sec. 7.12. Commercial Photography, Filming, Recording. Sec. 7.13. Permits – Athletic Events. Sec. 7.14. Permit Requests by Governmental Units. Sec. 7.15. Permits – Events Open to the Public. Sec. 7.15-1. Permits – Events Closed to the Public. Sec. 7.16. Duties of Permittee. Sec. 7.17. Permits – Failure to Obtain. Sec. 7.18. Procedure for Billing Costs. Sec. 7.19. Violation of Permit Conditions. Sec. 7.20. Appeal. Sec. 7.21. Farmers' Markets.

Although the First Amendment of the U.S. Constitution and Article 1, Section 9 of the California Constitution guarantee freedom of speech and association, the City and County of San Francisco is authorized to impose reasonable restrictions on the time, place and manner of such expression. In accordance with this right, the City requires permits for certain activities which occur on park property in order (1) to coordinate activities planned by different groups so that as many people as possible can use and enjoy the park at the same time; (2) to learn the details of the proposed activity in order to establish rules aimed at preventing inconvenience or harm to the public or the park; (3) to require appropriate insurance in order to relieve the City of liability from any harm that occurs; and (4) to insure that recreational facilities most suited for the activity are used. (Added by Ord. 603-81, App. 12/18/81)

For the purposes of this Article, the following terms shall be defined as indicated below: (a) Amusement Park Rides – Rides of the type normally found in amusement parks or carnivals, such as ferris wheels. (b) Animal Show – The formal exhibition of animals to the public or to a group of 25 or more persons for entertainment or competition. (c) Art Shows – The exhibition or display of paintings, sculptures or other works of art, but not activities performed by street artists licensed pursuant to Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code. (d) Band – A group of musicians playing acoustical instruments normally played in a brass band. (e) Demonstration – Carrying or wearing a sign or signs, singing, talking in unison or in any other manner expressing ideas, advocating causes or conveying a message to the public at large or to a particular person or persons. (f) Exhibition – Public display of manufactured goods, plants or other objects but not displays by street artists licensed pursuant to Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code. (g) Leafletting – Distributing leaflets, handbills, notices or any written material to the public. (h) Music Concourse Area of Golden Gate Park – This area is comprised of (1) the area bounded by Tea Garden Drive, South Drive and Academy Drive; (2) the entire area in front of the Academy of Sciences, the de Young Museum and the Fine Arts Museum; (3) the interior of the Japanese Tea Garden; and (4) the entire area in front of the Japanese Tea Garden. (i) Orchestra – A group of musicians playing string, percussion, brass and woodwind instruments. (j) Parade – Any march or other organized movement or persons from place to place or about a place. (k) Petitioning – Requesting persons to sign a petition. (l) Publicize – To inform the public of a planned event by means of newspaper articles or notices, radio or television stories or notices, announcements in public places, leafletting, posting signs or written notices in places viewed by the public, or by other means calculated to notify the public of an event. (m) Soliciting – Requesting persons to contribute money or anything else of value for a charitable, religious or political cause. (Added by Ord. 603-81, App. 12/18/81)

No person shall, without a permit, perform any of the following acts in any park: (a) Conduct or sponsor a parade involving (1) 50 or more persons; (2) the use of any street in any park; or (3) vehicles. (b) Conduct or sponsor an event in which persons engage in petitioning, leafletting, demonstrating or soliciting when the number of petitioners, leafletters, demonstrators, or solicitors engaging in one or more of these activities involves 50 or more such persons at the same time within an area circumscribed by a 500 foot radius. (c) Engage in soliciting in the Music Concourse Area of Golden Gate Park. This subsection shall not preclude the Commission from prohibiting persons from soliciting inside the Japanese Tea Garden. (d) Sell or offer for sale books, newspapers, periodicals or other printed material. (e) Conduct or sponsor any exhibit, promotion, dramatic performance, theatrics, pantomime, dance, fair, circus, festival, juggling or other acrobatics or show of any kind or nature which has been publicized four hours or more in advance. (f) Perform any feat of skill or produce any amusement show, movie or entertainment which has been publicized four hours or more

in advance. (g) Make a speech which has been publicized four hours or more in advance. (h) Conduct or sponsor a religious event involving 50 or more persons; (i) Conduct or sponsor a concert or musical performance which (1) has been publicized four hours or more in advance, or (2) utilizes sound amplification equipment, or (3) involves a band or orchestra. (j) Participate in a picnic, dance or other social gathering involving 25 or more persons. (k) Sell or provide food to persons, except that no permit is required when a person participating in a picnic or social gathering of 25 or fewer persons provides food to others who are also participating in the picnic or social gathering. (l) Conduct or sponsor a race or marathon which involves 25 or more persons as participants or which obstructs or interferes with the normal flow of vehicular or pedestrian traffic. (m) Conduct or sponsor any event which utilizes sound amplification equipment, as defined in Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code. (n) Conduct or sponsor an exhibition. (o) Conduct or sponsor an animal show. (p) Conduct a wedding ceremony. (q) Conduct or sponsor an art show. (r) Operate any amusement park device. The Commission may prohibit the operation of such devices in any park or, if it allows such operation, may designate those locations where such operation is permitted. (s) Conduct or sponsor an organized kite-flying event of any club or organization. (t) Station or erect any table, scaffold, stage, platform, rostrum, tower, stand, bandstand, building, fence, wall, monument, dome or other structure. (u) Park any vehicle in any park in an area not normally used for parking vehicles or in an area normally used for parking vehicles when the vehicle is used in conjunction with an activity for which a permit is obtained pursuant to a provisions of this Code other than this Subsection. (Added by Ord. 603-81, App. 12/18/81)

(a) Attention is called to other provisions of this Code which require persons engaging in certain activities to obtain a permit, including, but not limited to, the following: (1) Launching or landing any airplane, helicopter, parachute, hang glider, hot air balloon or other machine or apparatus of aviation, in any park, or bringing into a park any balloon with a diameter of more than six feet or a gas capacity of more than 115 cubic feet (See Section 3.09); (2) Bringing, or causing to be brought, for the purposes of sale or barter, or having for sale, or selling or exchanging, or offering for sale or exchange any goods, wares or merchandise (See Section 3.10); (3) Constructing or maintaining any building, structure, tent or any other thing in any park that may be used for housing accommodations or camping (See Section 3.12); (4) Remaining in any park for the purpose of sleeping between the hours of 10:00 p.m. and 6:00 a.m. in order to provide security services between said hours in any park (See Section 3.13). (b) The Recreation and Park Commission may by resolution require a permit for additional activities when such a requirement furthers the purposes set forth in Section 7.01 of this Code. A list of the additional activities for which permits are required shall be posted at McLaren Lodge in Golden Gate Park and filed with the Secretary of the Recreation and Park Commission and the Clerk of the Board of Supervisors, and shall be made available to the public upon request. (Added by Ord. 603-81, App. 12/18/81)

The Recreation and Park Commission shall by resolution adopt procedures for the filing and processing of permit applications, which resolution shall be filed with the Clerk of the Board of Supervisors and the Secretary of the Recreation and Park Commission and shall be made available to the public upon request. The resolution required by this Section, as well as any amendment thereto, is subject to the prior approval of the City Attorney. (Added by Ord. 603-81, App. 12/18/81)

(a) The General Manager or the Recreation and Park Commission may impose reasonable conditions on approval of a permit application in order to insure that public or private property is not damaged and that the comfort, convenience, safety or welfare of the public is not disturbed. Such conditions may be imposed on a permittee after the permit application has been approved if information is received by the General Manager after such approval which would provide reasonable grounds for the conclusion that further conditions are necessary, including the condition that the location of the proposed activity be changed. The provisions of this Section are designed to secure for permit holders an opportunity fully to exercise the rights conferred upon them by the permit without unreasonably interfering with the rights of other members of the public to use park property and adjacent areas or to engage in First Amendment activities. The General Manager shall in no event impose conditions pursuant to this Section which are designed to limit the content of First Amendment expression engaged in by persons affected by the permit or which unreasonably interfere with the right of free speech. (b) The conditions which may be imposed on permit applicants include the following: (1) posting a performance bond to insure that property is restored and cleaned at the conclusion of the permitted activity; (2) providing insurance to protect the City from liability from any harm that such activity might cause; and (3) agreeing to reimburse the Recreation and Park Department for any costs incurred by it in restoring damage to property, caused by the actions of the permittee, its officers, employees, or agents, or any person who was, or reasonably should have been, under the permittee's control and to defend the City against, and indemnify and hold the City harmless from, any liability to any person resulting from any damage or injury caused by the actions of the permittee, its officers, employees, or agents, or any person who was or reasonably should have been, under the permittee's control. (c) When an applicant for a permit to perform an activity which is protected by the First Amendment to the U.S. Constitution and for which a performance bond must be posted produces evidence that providing a cash performance bond would be impossible or so financially burdensome that it would preclude the applicant from using park property for the proposed activity, the General Manager shall accept property in lieu of a cash performance bond so long as the property offered is of a type which will reasonably insure restoration and cleaning of the property to be used by the applicant at the conclusion of the permitted activity. (d) No applicant shall be required to comply with the provisions of Subsection (b)(2) pertaining to insurance if the activity proposed is protected by the First Amendment of the U.S. Constitution and the applicant produces evidence that complying with those provisions is impossible or so financially burdensome that it would preclude the applicant from using park property for the proposed activity. (Added by Ord. 603.81, App. 12/18/81)

The General Manager shall approve a permit application unless: (a) A prior application for a permit to use the same location at the same time has been received and such application has been or will be approved authorizing an activity which does not reasonably permit multiple occupancy of the area; (b) The proposed activity would conflict with a previously planned program sponsored by the Recreation and Park Department or Commission and scheduled for the same location as that requested by the applicant; (c) The General Manager has reasonable cause to conclude that the applicant or any person or persons participating in the proposed activity will, in connection with that activity, cause physical injury to person or substantial damage to property; provided, however, that in determining whether such reasonable cause exists the General Manager shall not consider the content of expression which is proposed or anticipated; (d) The proposed activity is inconsistent with the purpose for which the facility or area has been established or designated; (e) The location selected is inappropriate because (1) the nature of the proposed activity or the number of persons expected in connection with the activity would be likely to damage trees, plants or other vegetation; (2) the activity would unduly disturb adjacent neighborhoods because of the nature of the proposed activity or the number of persons expected to be involved; or (3) other activities have been scheduled in an area or areas near the location proposed by the applicant, or they normally occur in such area or areas, and permitting the proposed activity to occur in the proposed location would unreasonably interfere with park use and enjoyment by participants in such activities; (f) The applicant fails to obtain necessary approvals, permits, or licenses from other governmental departments or agencies; (g) The applicant has not complied with the procedural requirements established by Commission resolution for the filing of permit

applications; (h) The applicant fails or refuses to pay a processing fee or a user fee, or both, which the Recreation and Park Commission has established by resolution; (i) The applicant fails or refuses to post a performance bond when required to do so by the Recreation and Park Commission; (j) The applicant fails or refuses to provide insurance when required to do so by the Recreation and Park Commission; (k) The applicant fails or refuses to execute an agreement to reimburse the Recreation and Park Department for any costs incurred by it in restoring damage to the property occasioned by, or arising out of, the permitted activity, and to defend the City against and indemnify and hold the City harmless from, any liability to any person occasioned by, or arising out of, the permitted activity, when such an agreement is required by the Recreation and Park Commission; (l) The application contains misrepresentations of material fact; (m) The proposed activity is prohibited by law; (n) The applicant refuses to comply with conditions reasonably imposed on approval of the permit application by the General Manager or the Recreation and Park Commission in order to insure that public or private property is not damaged and that the comfort, convenience, safety and welfare of the public are not disturbed. Whenever a permit application is denied, the General Manager shall inform the applicant of the reason for the denial and when a change in location would allow approval, shall offer alternative suitable locations. (Added by Ord. 603-81, App. 12/18/81)

(a) No permit may be required to engage in petitioning, leafletting, demonstrating or soliciting so long as engaging in any of these activities, or any combination of these activities, does not involve 50 or more petitioners, leafletters, demonstrators, or solicitors at the same time within an area circumscribed by a 500-foot radius, provided, however, that a permit is required to solicit in the Music Concourse Area of Golden Gate Park. (b) It shall be unlawful for any person to engage in petitioning, leafletting, demonstrating or soliciting in such a manner as to substantially obstruct any traffic of pedestrians or vehicles after being warned by a peace officer or a member of the Park Patrol not to do so. (c) No person may engage in petitioning, leafletting, demonstrating or soliciting inside the San Francisco Zoological Gardens. (Added by Ord. 603-81, App. 12/18/81; amended by Ord. 210-12, File No. 120819, App. 9/28/2012, Eff. 10/28/2012)

The procedure for reserving the use of any building or stadium in any park shall be established by the Recreation and Park Department and shall be kept on file with the Secretary of the Recreation and Park Commission and made available to the public upon request. (Added by Ord. 603-81, App. 12/18/81)

Mooring space at Yacht Harbor is reserved by applying for a permit from the Harbormaster at Yacht Harbor. A permittee granted use of Yacht Harbor shall enter and use only the mooring space designated in the permit and shall at all times be subject to and shall obey all rules and regulations of the Recreation and Park Department governing Yacht Harbor. (Added by Ord. 603-81, App. 12/18/81)

When conducting or participating in an art show in any park, no person shall sell or offer for sale any work of art. (Added by Ord. 603-81, App. 12/18/81)

No person shall engage in commercial photography, filming or recording in any park without first having obtained a permit. The procedure for obtaining such permits shall be established by the Recreation and Park Department and shall be kept on file with the Secretary of the Recreation and Park Commission and made available to the public upon request. (Added by Ord. 603-81, App. 12/18/81)

Athletic areas and structures, such as baseball diamonds, soccer pitches, football fields, and swimming pools may be reserved by obtaining a permit from the Recreation and Park Department. (Added by Ord. 603-81, App. 12/18/81)

Any processing or user fee established by the Recreation and Park Commission for the use of park property may be waived where the applicant is the United States of America, the State of California or subdivision thereof, an agency or commission of the City and County of San Francisco, or other governmental unit. (Added by Ord. 603-81, App. 12/18/81)

(a) It shall be the duty of every permittee: (1) To obey all laws and the terms and conditions of the permit; (2) To clean the area used after the permitted activity is over and to restore the area and property used to the same condition as existed prior to the activity; and (3) To reimburse the Recreation and Park Department for any expenses incurred by it, including the cost of labor, in cleaning or restoring the park or making repairs to property and equipment, which expenses may be occasioned by the permitted activity. (b) The Recreation and Park Department shall, as determined appropriate by the General Manager, or a designee, charge a cleaning or security deposit in an amount sufficient to cover the costs, including staff time, of cleaning or restoring park property if permittee fails to do so. (Added by Ord. 603-81, App. 12/18/81; amended by Ord. 47-03, File No. 030095, App. 4/3/2003)

It shall be unlawful for any person to conduct or sponsor any activity which requires a permit without first having obtained the appropriate permit and, when requested to do so by a Recreation and Park Department employee, a member of the Park Patrol, or by a police officer, displaying such permit. Furthermore, it shall be unlawful to participate in such an activity with knowledge that it is being conducted without a permit when a permit is required pursuant to this Code. (Added by Ord. 603-81, App. 12/18/81)

Within 30 days of the exercise of any permit, the General Manager shall determine and transmit to the permittee a bill for all costs above and beyond any retained security or cleaning deposits which are or will be incurred by the Recreation and Park Department in cleaning or restoring any park or making repairs to property and equipment. which costs were occasioned by, or arose out of, the activity engaged in pursuant to the permit. The permittee shall have 30 days from the transmission of such bill in which to pay or request adjustment of the same. Any request for adjustment shall be transmitted in writing to the General Manager, who shall determine whether an adjustment is proper. The permittee shall pay the bill or adjusted bill promptly upon transmission to the permittee of a statement of the determination of the General Manager with respect to the adjustment. Any request for adjustment shall be deemed waived if not timely or if not transmitted in writing. (Added by Ord. 603-81, App. 12/18/81; amended by Ord. 47-03, File No. 030095, App. 4/3/2003)

Whenever a permittee or those under the control of the permittee violate any condition contained in the permit, a member of the San Francisco Police Department may revoke the permit. It shall be unlawful for any person to continue to engage in an activity for which a permit was required and issued after the permit has been revoked pursuant to this Section, provided, however, that no person shall be in violation of this Section until notice has been given that the permit has been revoked. (Added by Ord. 603-81, App. 12/18/81)

The Recreation and Park Commission shall by resolution adopt procedures for the appeal of the denial of a permit application to the Commission or, in those instances when a quorum of the Commission cannot be convened in a timely manner, to the General Manager. The Commission or General Manager shall afford the applicant an opportunity for a hearing and may reverse, affirm or modify in any regard the determination of the General Manager concerning the denial of a permit application. When the Commission affirms the denial of a permit application such a decision shall be based on one or more of the reasons listed in Section 7.07 of this Code. Notwithstanding Section 2.03 of this Code, the duty imposed on the General Manager by this subsection may not be delegated. (Added by Ord. 603-81, App. 12/18/81)

(a) The Commission may permit the location of a Farmers' Market, that meets the requirements of Administrative Code Chapter 9A. or any successor provisions, as certified by the Agricultural Commissioner, on park land upon findings that such a use: (1) Is appropriate for the crowd capacity of the particular location; (2) Does not adversely affect park grounds or facilities beyond the regular usage of the particular location; and, (3) Does not significantly interfere with the public's use and enjoyment of other areas of the park, including, but not limited to, children's play areas or athletic courts or fields. (b) The permit fee shall be $475 per location of market, for each six (6) months of operation, where the market is operating at the location no more than one day a week. If the market operates at the location more than one day a week at any time during the six-month permit period, the permit fee shall be multiplied by the number of days of operation during a week. For example, a market that at any time during the six-month period operates at the location two days a week shall pay a permit fee of $950 for the six-month permit period. In addition to the permit fee, the permittee shall reimburse the Department for staff costs directly incurred by the operation of the market at the location. (Added by Ord. 29-07, File No. 061112, App. 2/16/2007; amended by Ord. 217-09, File No. 090992, App. 10/29/2009; Ord. 111-13 , File No. 130340, App. 6/21/2013, Eff. 7/21/2013)