San Francisco County Municipal Code Art. 1 Public Nuisances

Sec. 1. Ark, Boat, Vessel, Dumping, Etc., of, Prohibited. Sec. 1.1. Clipper Cove Special-Use Area. Sec. 2. Purpose. Sec. 2.1. Definitions. Sec. 2.2. Fee Setting Procedure. Sec. 2.3. General Provisions. Sec. 2.4. Manner of Applying for Permit. Sec. 2.5. Investigation by the Police Department. Sec. 2.6. Discretionary Powers. Sec. 2.7. Transfer of Permits. Sec. 2.8. Tax Collector to Deliver Permit. Sec. 2.9. Permits Issued by the Police Department or Entertainment Commission. Sec. 2.10. Annual Renewal. Sec. 2.11. Quarterly Permits to Become Annual. Sec. 2.12. Power of Revocation. Sec. 2.13. Right of Appeal. Sec. 2.14. License Fees not Refundable Upon Revocation of Permit. Sec. 2.15. Filing Fees Not Refundable. Sec. 2.16. Penalties for Nonpayment of License Fees. Sec. 2.17. Revocation of Permit for Nonpayment of Permits or Licenses. Sec. 2.19. Not Exempted from Paying Other Fees. Sec. 2.20. Permitting Substitutes for Metal Badges. Sec. 2.21. Payment for Badge. Sec. 2.22. Payment for Identification Card. Sec. 2.23. Compliance. Sec. 2.24. Surrender of Permit. Sec. 2.25. Determination of Percentage of Fees Credited to Other Departments. Sec. 2.26. Schedule of Permits and Services; Filing and Service Fees. Sec. 2.27. Schedule of License Fees for Permits Issued by the Police Department or Entertainment Commission. Sec. 2.28. Fees for Closing-out Sales. Sec. 2.29. Additional License Fees. Sec. 2.30. Additional Fees – Motorized Cable Cars. Sec. 2.31. Annual Adjustment of Fees.

Sec. 13. Solicitation of Pedestrians Prohibited; Penalty; Exception. Sec. 18. Penalty. Sec. 21. Consuming Alcoholic Beverages on Public Streets, Etc., or on Public Property Open to Public View Prohibited; Penalty. Sec. 22. Obstructing Any Street, Sidewalk, Passageway or Other Public Way Prohibited; Penalty; Exceptions. Sec. 23. Obstructing Any Street, Sidewalk, Passageway or Other Public Way Prohibited, Second Offense Within 24 Hours; Penalty; Exceptions. Sec. 24. Obstructing Any Street, Sidewalk, Passageway or Other Public Way Prohibited: Second Offense Within 120 Days of Conviction; Penalty; Exceptions. Sec. 25. Remaining Upon Private or Business Property After Being Requested to Leave; Penalty; Exceptions. Sec. 26. Remaining Upon Private or Business Property After Being Requested to Leave; Second Offense Within 24 Hours; Penalty; Exceptions. Sec. 27. Remaining Upon Private or Business Property After Being Requested to Leave, Second Offense Within 120 Days of Conviction; Penalty; Exceptions. Sec. 28. Kite Flying Prohibited Near High Voltage Lines and Broadcasting Towers. Sec. 33. Rubbish, Etc., Throwing on Streets Prohibited. Sec. 34. Accumulation of Litter on Sidewalks Prohibited. Sec. 35. Cuspidors, Etc., Not to Be Emptied on Sidewalk. Sec. 35(a). Use of Sidewalk Trash or Litter Receptacles. Sec. 36. Tenant of Lower Flat Responsible. Sec. 37. Penalty. Sec. 38. Enforcement of Litter Laws; Designated Officers and Employees. Sec. 39. Procedure for Enforcement of Litter Laws. Sec. 39-1. Procedure for Assessment and Collection of Administrative Penalties for Specified Littering and Nuisance Violations. Sec. 49. Unnecessary Noise; Authorized Emergency Vehicles. Sec. 51. Smoking in Enclosed Section of Street Cars, Cable Cars, Motor Coaches and Trolley Coaches Prohibited. Sec. 52. Penalty. Sec. 55. Smoking, Etc., on Wharves, Etc. Sec. 55.1. Open Flame or Electric Arc Unlawful – Exception. Sec. 56. Authority to Make Rules. Sec. 57. Violation. Sec. 58. Exception. Sec. 63. Obstructions on Streets and Sidewalks. Sec. 64. Exceptions. Sec. 65. Obstructing Passenger Loading Zones. Sec. 69. Piling of Lumber and Timber Regulated. Sec. 74. Hydrants, Obstruction of, Prohibited. Sec. 87. Scattering Billposting Refuse Prohibited. Sec. 94. Foreclosure Responsibility and Accountability. Sec. 95. Prohibiting the Free Distribution of Tobacco in Public Places and Places Open to the Public; Penalty.

SEC. 1. ARK, BOAT, VESSEL, DUMPING, ETC., OF, PROHIBITED. It shall be unlawful for any person, firm, association or corporation to dump or discard any boat, vessel, barge, ark, or any floating structure, on the shore line, or streets of the City and County of San Francisco, that are now submerged, or any portion of the City and County of San Francisco inside of the boundary of the State of California's property on the waterfront of said City and County of San Francisco. (Added by Ord. 1.075, App. 10/11/38)

(a) Special-Use Area. In order to promote the recreational use of Clipper Cove, reduce existing and potential conflicts among recreational users of Clipper Cove, protect the overall public health and safety of users of the Cove, and to eliminate adverse environmental impacts to the San Francisco Bay, Clipper Cove is hereby designated a Special-Use Area as that term is defined and used in California's Harbors and Navigation Code (see, California Harbors and Navigation Code §§ 651, 660). (b) Clipper Cove Defined. For the purposes of Section 1.1 of this Code, Clipper Cove is defined as that section of San Francisco Bay bounded by the south shore of Treasure Island, the north shore of Yerba Buena Island, and the connecting causeway, west of a line extending from the southeast corner of the finger pier known as "Pier 1" along the east side of Treasure Island, at about latitude 37 [degrees] 49' 11", longitude 122 [degrees] 21' 40", approximately 153 [degrees] 20' to the northeasterly point of Yerba Buena Island, at about latitude 37 [degrees] 48' 55", longitude 122 [degrees] 21' 30". (c) Permit Requirements. (1) Treasure Island Development Authority ("TIDA") shall erect signage at the entrance to the Clipper Cove Special-Use Area informing boaters of permit requirements and the method for obtaining a permit; (2) It shall be unlawful for a vessel to be moored, anchored, or otherwise allowed to remain in Clipper Cove for more than 24 hours without a valid permit or permit extension issued by TIDA or its designee; and, (3) It shall be unlawful for any vessel to remain moored, anchored, or otherwise allowed to remain in Clipper Cove after expiration or revocation of such permit. (d) Salvage Prohibited. It shall be unlawful for any person to conduct salvage operations or to be in possession of materials salvaged from Clipper Cove, without written permission from TIDA. (e) Criminal Penalties. A violation of any of the provisions of Section 1.1 shall be a misdemeanor or an infraction. The complaint charging the violation shall specify whether the violation is a misdemeanor or infraction. Any violation may be charged and punished as a misdemeanor instead of an infraction; except that any violation of Section 1.1(d) "Salvage Prohibited" shall be charged and punished as a misdemeanor. (1) A person found guilty of a misdemeanor shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000.00), or both. (2) A person found guilty of an infraction shall be punished by a fine of up to $100 for a first violation, and up to $500 for a second violation within one year of the date of the first violation. If a person is charged with a third violation within one year of the date of the second or subsequent violation, it shall be charged as a misdemeanor. (f) Administrative Citation and Penalty. The TIDA Director or designee may issue an administrative citation that imposes an administrative fine for violation of any provision of this Section 1.1 or the TIDA Clipper Cove Special Use Area Rules and Regulations. San Francisco Administrative Code Chapter 100 "Procedures Governing the Imposition of Administrative Fines" as it may be amended from time to time is hereby incorporated in its entirety, and shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties issued under this Subsection (f). (g) Removal and Storage of Vessels. (1) TIDA shall erect signage at the entrance to Clipper Cove informing boaters that vessels moored, anchored, or otherwise allowed to remain in Clipper Cove in violation of this Section 1.1 are subject to removal. (2) TIDA or its designee may remove and store any vessel that is moored, anchored, or otherwise allowed to remain in Clipper Cove in violation of this ordinance, 72 hours after notice is posted in accordance with this Subsection (g). The registered owner of any vessel removed and stored under this Section 1.1 shall be responsible for reimbursing TIDA or its designee for the cost of such removal and storage. (3) Not less than 72 hours prior to removing a vessel moored or anchored in violation of this Section 1.1, TIDA or its designee shall securely attach to the vessel a distinctive notice stating that the vessel will be removed for violation of this Section 1.1. (4) Within 48 hours after the removal of a vessel pursuant to this Section 1.1, excluding weekends and holidays, TIDA or its designee must send notice of removal of the vessel by certified or first-class mail: to the registered and legal owners, if known or discovered before or after the removal, at their addresses of record with the Department of Motor Vehicles and the National Vessel Documentation Center, and to any other person that TIDA or its designee knows has an interest in the vessel. (5) The notice of removal required by Subsections 1.1(g)(3) and (g)(4) shall include the following: (A) TIDA's name, address, and telephone number, and, if applicable, the name, address and telephone number of TIDA's designee; (B) A description of the vessel; (C) The location from which the vessel was removed; (D) The location of the intended or actual place of storage; (E) The authority and purpose for removal of the vessel; (F) A statement that the vessel may be claimed and recovered within 15 days of the date the notice of removal is issued upon payment of any costs incurred by TIDA or its designee related to salvage and storage of the vessel, and that following expiration of the 15-day period the property will be sold or otherwise disposed of by TIDA or its designee;

(G) A statement that the registered or legal owners or any other person known to have an interest in the property shall have the opportunity for a post-removal hearing before TIDA or its designee to determine the validity of the removal and storage, if a request for a hearing is made to TIDA or its designee in person, by telephone, by email or by regular mail within 10 days from the date of notice; and that if the registered or legal owner or any other person known to have an interest in the property disagrees with the decision of TIDA or its designee after the hearing, he or she may seek review of the decision of TIDA or its designee pursuant to Government Code § 11523 and Harbors and Navigation Code § 526(b)(7) or their successor provisions. (6) TIDA or its designee shall conduct any requested hearing within 48 hours of the time it receives the request, excluding weekends and holidays. TIDA may authorize its own officers or employees to conduct the hearing, but the hearing officer shall not be the same person who directed the removal and storage of the vessel. The failure of either the registered or legal owners or any other person known to have an interest in the property to request or attend a scheduled hearing shall not affect the validity of the hearing. (7) TIDA shall be responsible for the costs incurred for removal and storage if it is determined in the post-storage hearing that valid grounds for the removal and storage were not established. (h) TIDA Clipper Cove Special-Use Area Rules and Regulations. (1) The Treasure Island Development Authority Board of Directors shall periodically review the TIDA Clipper Cove Special-Use Area Rules and Regulations regarding permits and related matters, and update as appropriate in conformance with this Section 1.1, California Harbors and Navigation Code, other applicable laws and regulations, and as otherwise deemed appropriate by the TIDA Board. (2) A public hearing shall be conducted before any adoption, amendment, or repeal of any rule or regulation. At least ten days' public notice shall be given for such public hearing. All such rules and regulations shall be filed with the Clerk of the Board of Supervisors. (i) The remedies, penalties and procedures provided under this Section are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures. (Added by Ord. 193-09, File No. 090555, App. 8/20/2009; amended by Ord. 10-13 , File No. 121030, App. 2/4/2013, Eff. 3/6/2013) SEC. 2. PURPOSE. It is the intent of the Board of Supervisors that the costs incurred by the City and County of San Francisco (hereinafter the City) in processing applications for permits issued by the Police Department or Entertainment Commission, and regulating activities authorized thereby, shall be defrayed by filing fees and license fees (as hereinafter defined), which fees are imposed solely for the purpose of paying for the processing and regulatory services provided. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

(a) Filing Fee. A filing fee is a fee levied by the Department to reimburse it for all costs, direct and indirect, including an allocatable portion of fixed overhead costs, incurred in processing any permit application or application for amendment to a permit, and in conducting any investigation connected therewith. (b) License Fee. A license fee is a fee levied by the Department on behalf of the City to reimburse the City for the costs incurred by the City in engaging in regulatory, inspection, and police activities in connection with the type of activity, business, profession, calling or event authorized by each type of permit approved by the San Francisco Police Department or Entertainment Commission. (c) Service Fee. A service fee is a fee levied by the Department to reimburse it for services providing in processing or investigating any permit application or application for amendment to or renewal of a permit, which amount is not included in the filing fee, and includes fees for fingerprinting, criminal history background checks, and advertising and notices. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 171-10, File No. 100709, App. 7/23/2010)

Each year the Chief of Police and Executive Director of the Entertainment Commission shall cause a report to be made of the revenues received from each type of fee collected by the Police Department and Entertainment Commission, respectively, the costs incurred in providing the services for which the fee is assessed, the anticipated costs for the ensuing fiscal year and the rates which would be necessary to support such costs for each type of fee. Said report shall be filed with the Controller no later than April 1st of each year pursuant to the provisions of Section 3.17-2 of the San Francisco Administrative Code. The Controller shall file said report with the Board of Supervisors no later than May 15th of each year and the Board of Supervisors shall,

by ordinance, establish or readjust the rates for the filing fees and license fees. The rates set shall be equal to, but not greater than, the rates necessary to support the costs of providing the services for which each fee is assessed. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 193-05, File No. 051027, App. 7/29/2005)

A permit does not take the place of any license required by law. A permit shall not be transferable except as provided in this Code. (Added by Ord. 555-81, App. 11/12/81)

All applications for permits required by this Code shall be made to the Police Department or Entertainment Commission in the manner prescribed in this Code and in Part III of the San Francisco Municipal Code. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

When an application is filed with the Police Department or Entertainment Commission for any of the permits required by this Code, the Police Department shall cause an investigation to be made when required by this Code prior to deciding whether to grant the permit. No permit may be issued without such investigation when it is required. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

The Police Department or Entertainment Commission, as the case may be, may issue a permit or in the exercise of the discretion provided in Section 26, Part III of the San Francisco Municipal Code, the Police Department or Entertainment Commission, as the case may be, may deny the permit; provided, however that when the approval of other City Departments is required, no permit shall be issued without the approval of such Departments. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

No permits issued by the Police Department or Entertainment Commission, as the case may be, are transferable except as expressly permitted in this Code. All applications for transfer of permit shall be made to the Police Department or Entertainment Commission, as the case may be, and shall be accompanied by the payment of the same filing fee as for an initial application. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Upon approval of the permit by the Police Department or Entertainment Commission, as the case may be, said permit, except as provided in Section 2.9 of this Article, shall be delivered to the Office of the Tax Collector, where it shall be delivered in turn to the applicant upon payment to the Tax Collector of the license fee required by law or ordinance. Written notice of the renewal, annual or otherwise, of a permit shall be delivered to the applicant upon payment of the annual license fee to the Tax Collector; but such permit or license shall not be delivered to the applicant by the Tax Collector if the Tax Collector receives written notification from the Police Department or

Entertainment Commission, depending on which one has authority to approve the particular type of permit or license, requesting that the issuance of such permit or license be withheld. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

COMMISSION. Since the following permits have no license in connection therewith, they will not be delivered to the Tax Collector, but will be issued directly from the office of the Police Department or Entertainment Commission, as the case may be. Change in Color Scheme. Closing-Out Sale. Commercial Parking Permit. Dance Hall Keeper. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 219-10, File No. 100639, App. 8/12/2010; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)

Except for permits and licenses governed under Section 76.1 of the Business and Tax Regulations Code, permits issued by the Police Department or Entertainment Commission after the adoption of this ordinance, with the exception of permits issued for temporary operations, shall be valid until the next annual renewal date as provided in this Code or for one year from the date of issuance when there is no annual renewal date, unless revoked prior to such date. The permit shall be renewed for the ensuing year and each year thereafter upon payment of the annual license fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)

Quarterly permits issued by the Police Department prior to the adoption of this ordinance shall be renewed each quarter until January 1, 1982, at which time the permits shall be issued annually as provided in Section 2.10 of this Article. (Added by Ord. 555-81, App. 11/12/81)

After written notice to the permittee, and after a hearing conducted pursuant to the requirements of Article I, Part III of the San Francisco Municipal Code, the Police Department or Entertainment Commission, as the case may be, shall have the power to revoke or suspend any permit issued by the Police Department or Entertainment Commission, respectively, under the provisions of this Code or Part III of the San Francisco Municipal Code for violations of any such provisions or written regulations of any Department relating to the use of the permit by the permittee, his agent or employee. Upon a determination that the permittee has violated or attempted to violate the aforesaid provisions of the Municipal Code or written Departmental regulations, the Police Department or Entertainment Commission, as the case may be, shall revoke or suspend the permit. The Police Department or Entertainment Commission, as the case may be, shall forward to the Tax Collector, and any other City Department involved in the issuance of such permit, written notice of such revocation or suspension. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Whenever an application for any permit provided for in this Code shall be denied or an existing permit revoked or suspended, the person

aggrieved shall have the right to appeal to the Board of Permit Appeals from such denial, revocation or suspension. An appeal shall be presented to the Board of Permit Appeals in the manner prescribed in Article I, Part III of the San Francisco Municipal Code. (Added by Ord. 555-81, App. 11/12/81)

License fees are not refundable upon the revocation or suspension of any permit pursuant to the provisions of Section 2.12 of this Article. (Added by Ord. 555-81, App. 11/12/81)

Filing fees are payable in advance and are not refundable. (Added by Ord. 555-81, App. 11/12/81)

All license fees are payable when due, unless otherwise provided, at the Office of the Treasurer and Tax Collector, in City Hall. For all permits and licenses except those governed under Section 76.1 of the Business and Tax Regulations Code, if a license fee is not paid within 30 days after the same becomes due, the Tax Collector shall add 10 percent to the amount of the stated fee as a penalty for nonpayment. If the license fee is not paid within 60 days after the same becomes due, the Tax Collector shall increase the penalty for nonpayment to 15 percent of the amount of the stated fee. If the license fee is not paid within 90 days after the same becomes due, the Tax Collector shall increase the penalty for non-payment to 25 percent of the amount of the stated fee, provided however, when a permittee has failed for a period of six months or more to pay a license fee, the Tax Collector shall, in such instance, impose another penalty of 25 percent of the total amount of fee delinquent, including previous penalty charges, to the total amount due for the delinquency payment. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)

Each year the Tax Collector shall forward to the Police Department and Entertainment Commission a list of those permit holders who have not paid the overdue fees for a period of six months or more, and the Police Department or Entertainment Commission, as the case may be, shall initiate revocation proceedings pursuant to the provisions of Section 2.12 of this Code. After a permit is revoked for nonpayment of the license fee, a new permit may be issued, but only upon filing a new application and the payment, in advance, of the filing and license fees and any overdue fees and penalties. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Payment of filing fees and license fees as provided in this Code does not exempt the permit holder from payment of any other charges which may be levied pursuant to other sections of the San Francisco Municipal Code or written rules and regulations of any department relating to the permit. (Added by Ord. 555-81, App. 11/12/81)

Whenever in this Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code, there appears a requirement for a metal badge, metallic plate, metallic bus permit or metallic chauffeur's badge, metal or metallic "jitney bus" permit or metal or metallic "jitney bus" license metallic badge or card or other similar requirement of metal, the officer responsible for the issuance thereof may substitute any suitable material for metal or metallic material. (Added by Ord. 555-81, App. 11/12/81)

The Tax Collector shall collect a fee for each badge issued in connection with a permit or license. The cost for the badge shall be set by the issuing department and shall be for the cost of processing and issuing the badge. (Added by Ord. 555-81, App. 11/12/81)

The Tax Collector shall collect a fee for each identification card issued in connection with a permit or license. The cost for the identification card shall be set by the issuing department and shall cover the cost of processing and issuing the identification card. (Added by Ord. 555-81, App. 11/12/81)

No permit shall be granted unless the applicant agrees to comply in all respects with the applicable requirements of this Code. It shall be unlawful to do or perform the act or carry on the business, trade, profession or calling for which a license or permit is required by law or ordinance or to own, keep or use the article or thing, for the owning, keeping or using of which a license or permit is required by law or ordinance, unless such license or permit be first procured. (Added by Ord. 555-81, App. 11/12/81)

Whenever any business or occupation, for which a permit has been issued by the Chief of Police or Entertainment Commission, is terminated or sold, the permit holder shall surrender the permit to the Chief of Police or Entertainment Commission, as the case may be, who shall void said permit. The Chief of Police or Entertainment Commission, as the case may be, shall notify the Tax Collector when a permit has been voided. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

DEPARTMENTS. Each year the Controller shall determine what percentage of the money charged for any filing fee is charged in order to offset the costs incurred by City departments other than the Police Department in regulating and inspecting permits issued by the Police Department and the appropriate percentage of such fees shall be credited by the Police Department to the other department as required by the Charter and Municipal Code. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 193-05, File No. 051027, App. 7/29/2005)

DEPARTMENT OR ENTERTAINMENT COMMISSION. (a) The following license fees are payable to the Tax Collector for permits issued by the Police Department or Entertainment Commission and, when applicable, for their renewal, except as provided in Section 1060.1.1 of the Police Code, as may be amended from time to time: Note: All license fees are at an annual rate unless otherwise indicated. TYPE OF PERMIT LICENSE FEE TYPE OF PERMIT LICENSE FEE Auto Wrecker $535.50 Billiard Parlor

First Table 268 Each Additional Table 14 Dance Hall Keeper 756 Dealer in Firearms and/or Ammunition 499.50 Driverless Auto Rental 367.50 Encounter Studio

Owner 558.50 Employee

Owner 564.50 Employee 131.50 Extended Hours Permit 896 Fixed Place Outdoor Amplified Sound 345 General Soliciting Agent 129.50 Licensed Tour Guide

Owner - Buses, per vehicle 972 Owner - Other Motorized Vehicles, per vehicle 195.50 Owner - Bicycle/Segway/Other Mechanisms, per mechanism 195.50 Owner - Walking 195.50 Employee 0 Limited Live Performance 265 Massage Establishment 860 Masseur/Masseuse 119 Trainee 119 per 90-day permit Mechanical Amusement Devices

First Machine 508 Each Additional Machine 0 Mobile Caterer 695 Assistant 49 Museum 249.50 Nude Models in Public Photographic Studio

Owner 535.50 Employee 131.50 Off-Heliport Landing Site 79.50 per day Pawnbroker 583.50 Peddler

Food for Human Consumption 747 Nonfood 199 Employee 81 Photographer, Public Place

Owner 249.50 Solicitor 121.50 Photographic Solicitor

Owner 209.50 Employee 121.50 Place of Entertainment 863

Poker 357.50 Public Bathhouse 483.50 Second Hand Dealer 0 Tow Car Driver

First Tow Truck 595.50 Each Additional Tow Truck 234 Valet Parking

Fixed Location 310.50 Annual Special Event 209.50 Vehicle for Hire, Nonmotorized 209.50

(b) Notwithstanding the chart above, for license periods beginning on or after April 1, 2026, the annual license fee for the following licenses shall be $0: (1) Billiard Parlor—First Table. (2) Billiard Parlor—Additional Table. (3) Dance Hall Keeper. (4) Extended Hours Permit. (5) Fixed Place Outdoor Amplified Sound. (6) Limited Live Performance. (7) Mechanical Amusement Devices—First Machine. (8) Mechanical Amusement Devices—Each Additional Machine. (9) Place of Entertainment. (Amended by Ord. 467-86, App. 12/5/86; Ord. 382-91, App. 10/28/91; Ord. 309-93, App. 10/5/93; Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/97; Ord. 150-02, File No. 021071, App. 7/12/2002; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 196-03, File No. 021948, App. 8/1/2003; Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 194-06, File No. 060779, App. 7/21/2006; Ord. 86-10, File No. 100008, App. 4/30/2010; Ord. 171-10, File No. 100709, App. 7/23/2010; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 166-12 , File No. 120597, App. 7/27/2012, Eff. 8/26/2012; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013; Ord. 45-17, File No. 161316, App. 2/24/2017, Eff. 3/26/2017; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 178-22, File No. 220678, App. 8/4/2022, Eff. 9/4/2022; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 193-24, File No. 240598, App. 7/31/2024, Eff. 8/31/2024; Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025)

(Added by Ord. 383-91, App. 10/28/91; amended by Ord. 309-93, App. 10/5/93; Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/97; Ord. 88-99, File No. 981443, App. 4/30/99; Ord. 176-02, File No. 011178, App. 8/23/2002; Ord. 196-07, File No. 070814, App. 8/3/2007; Ord. 107-08, File No. 080605, App. 6/24/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Amended by Ord. 355-85, App. 7/12/85; repealed by Ord. 86-10, File No. 100008, App. 4/30/2010)

(a) When either a mobile caterer's or pawnbroker's permit and license is originally granted an additional license fee shall be charged as shown below: Mobile Caterer $7,500 Pawnbroker 6,000 (b) The license fees required to be paid by this Section are imposed, pursuant to the taxing power of the City and County of San Francisco, solely for the purpose of obtaining revenue and they predated the passage of Article XIIIA of the California Constitution. (c) Any person required to pay a fee under this Section shall not be relieved from the payment of any license tax or fee for the privilege of doing such business required under any other ordinance of the City and County and shall remain subject to the regulatory provisions of other

ordinances. (d) Every person to whom a license or permit is transferred, except where the transfer is to the spouse, child, or children of a license or permit holder by testate or intestate succession or to the spouse of a license or permit holder, pursuant to a marital settlement agreement, with the consent of the Chief of Police and the Director, shall pay to the Tax Collector upon delivery of each such license or permit by the Tax Collector a fee as follows: Mobile Caterer $ 500 Pawnbroker 6,000 (e) The Tax Collector shall transmit all moneys collected pursuant to this Section of the Code to the Treasurer for deposit to the General Fund. (Added by Ord. 555-81, App. 11/12/81)

The following filing fees are payable in advance to the Police Department when submitting applications for motorized cable car and motorized cable car operator's permits: Owner $ 105 Operator 62 The following license fees are payable to the Tax Collector for permits issued by the Police Department: Owner $ 69 Operator 11 (Added by Ord. 272-82, App. 6/10/82)

Beginning with fiscal year 2003-2004, fees set in Sections 2.26 and 2.27 may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Police Department, Taxi Commission, and Entertainment Commission shall submit its current fee schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and certifying that: (a) the fees produce sufficient revenue to support the costs of providing the services for which each fee is assessed, and (b) the fees do not produce revenue which is more than the costs of providing the services for which each fee is assessed. (Added by Ord. 150-02, File No. 021071, App. 7/12/2002; amended by Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 196-07, File No. 070814, App. 8/3/2007; Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015) SEC. 6. [REPEALED.] (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 7. [REPEALED.] (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 12. [REPEALED.]

(Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 13. SOLICITATION OF PEDESTRIANS PROHIBITED; PENALTY; EXCEPTION. (a) No person shall stand or shall cause or permit any person to stand nor shall an employer cause or permit any person to stand on the sidewalk or street in front of any store or building for the purpose of calling the attention of passersby to goods, wares or merchandise displayed or on sale in such store or building, or in any other store or building, or to solicit patronage for any business or service or to entice or persuade passersby to enter such store or building or any other store or building, or to accept the service of any business. (b) Penalty. Any person who violates any provision of this Section shall be guilty of an infraction, the penalty for which shall be as follows: (1) A fine of not less than $100 nor more than $250; (2) A fine of not less than $250 nor more than $750 for a second offense occurring within six months of the prior offense; and (3) A fine of not less than $750 nor more than $1,000 for a third and each subsequent offense occurring within six months of a prior offense. (c) Exception. It is not intended that this Section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly, or with the distribution of leaflets, handbills or other written materials. (Added by Ord. 614-79, App. 12/13/79) SEC. 18. PENALTY. Any person who shall violate any of the provisions of Section 17 of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $50 or by imprisonment in the County Jail for not more than 30 days or by both such fine and imprisonment. (Added by Ord. 1.075, App. 10/11/38) SEC. 21. CONSUMING ALCOHOLIC BEVERAGES ON PUBLIC STREETS, ETC., OR ON PUBLIC PROPERTY OPEN TO PUBLIC VIEW PROHIBITED; PENALTY. (a) Except as specified in this Section 21, no person shall consume any alcoholic beverage in any quantity on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within the City and County of San Francisco; nor shall any person consume any alcoholic beverage within 15 feet of any public way or thoroughfare while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, the owner’s agent, or the person in lawful possession thereof. (b) The provisions of this Section 21 shall not apply to: (1) the interior portion of any private dwelling, habitat, or building; (2) the consumption by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content; and (3) those persons consuming alcoholic beverages while viewing a parade for which a permit has been granted pursuant to Section 367 of this Code. (c) Further, this Section 21 shall not be applicable in the following areas: (1) those prescribed areas and during such time for which permission for temporary use or occupancy of public streets and appurtenant areas has been granted by: (A) The Board of Supervisors pursuant to the provisions of Section 2.70 of the Administrative Code; (B) The Department of Public Works pursuant to the provisions of Article 5.2 of the Public Works Code for a business establishment anywhere in San Francisco that meets the requirements of a Restaurant or Bar use, defined in Planning Code Section 102, as interpreted by the Zoning Administrator; (C) The Department of Public Works pursuant to the provisions of Article 5.2 of the Public Works Code for a business establishment that had a valid tables and chairs permit and California Department of Alcoholic Beverage Control beverage license or permit on the effective date of this Section 21; and

(D) Any Shared Spaces permit under Administrative Code Chapter 94A where the business establishment holding that permit has a California Department of Alcoholic Beverage Control beverage license or permit allowing the consumption of alcoholic beverages in the area designated by the Shared Spaces permit; and (2) Any Entertainment Zone under Administrative Code Chapter 94B during an Entertainment Zone Event or an event held pursuant to a Greater Downtown Activation Permit issued under Administrative Code Chapter 94D and Public Works Code Section 795. (d) Penalty. Any person who shall violate the provisions of this Section 21 shall be guilty of an infraction, the penalty for which shall be a fine of not less than $25 nor more than $100. (Amended by Ord. 156-86, App. 5/9/86; Ord. 400-97, App. 10/17/97; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 165-24, File No. 240475, App. 7/3/2024, Eff. 8/3/2024; Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024) SEC. 22. OBSTRUCTING ANY STREET, SIDEWALK, PASSAGEWAY OR OTHER PUBLIC WAY PROHIBITED; PENALTY; EXCEPTIONS. (a) No person shall wilfully and substantially obstruct the free passage of any person or persons on any street, sidewalk, passageway or other public place. (b) Penalty. Any person who shall violate the provisions of this Section shall be guilty of an infraction, the penalty for which shall be a fine of not less than $50 nor more than $500. (c) Exceptions. (1) It is not intended that this Section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose. (Added by Ord. 454-79, App. 9/7/79) SEC. 23. OBSTRUCTING ANY STREET, SIDEWALK, PASSAGEWAY OR OTHER PUBLIC WAY PROHIBITED, SECOND OFFENSE WITHIN 24 HOURS; PENALTY; EXCEPTIONS. (a) Any person who wilfully and substantially obstructs the free passage of any person or persons on any street, sidewalk, passageway or other public place within 24 hours after violating and being cited for said violation of Section 22 shall be in violation of this Section. (b) Penalty. Any person who shall violate the provisions of this Section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the County Jail for a period not exceeding six months or by a fine of not more than $500, or by both such fine and imprisonment. (c) Exceptions. (1) It is not intended that this Section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose. (Added by Ord. 454-79, App. 9/7/79) SEC. 24. OBSTRUCTING ANY STREET, SIDEWALK, PASSAGEWAY OR OTHER PUBLIC WAY PROHIBITED: SECOND OFFENSE WITHIN 120 DAYS OF CONVICTION; PENALTY; EXCEPTIONS. (a) Any person who wilfully and substantially obstructs the free passage of any person or persons on any street, sidewalk, passageway or other public place within 120 days after the date of conviction of a violation of Section 22 shall be in violation of this Section. (b) Penalty. Any person who shall violate the provisions of this Section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the County Jail for a period not exceeding six months or by a fine of not more than $500, or by both such fine and imprisonment. (c) Exceptions. (1) It is not intended that this Section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose. (Added by Ord. 454-79, App. 9/7/79)

SEC. 25. REMAINING UPON PRIVATE OR BUSINESS PROPERTY AFTER BEING REQUESTED TO LEAVE; PENALTY; EXCEPTIONS. (a) No person shall wilfully remain upon any private property or business premises after being notified by the owner, lessee, or other person in charge thereof to leave. (b) No person, without permission, expressed or implied, of the owner, lessee, or other person in charge of private property or business premises shall enter upon such private property or business premises after having been notified by the owner, lessee, or other person in charge thereof to keep off or to keep away therefrom. (c) Notice. Such notification referred to in subparagraphs (a) and (b) above may be oral or in the form of a written notice, posted in a conspicuous place, describing the specific area and hours in which persons are to keep off or to keep away. (d) Penalty. Any person who shall violate any of the provisions of this Section shall be guilty of an infraction, the penalty for which shall be a fine which shall be not less than $50 nor more than $500. (e) Exceptions. This Section shall not apply in any of the following instances: (1) where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person; (2) where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers; or (3) where its application would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech or assembly. (Added by Ord. 454-79, App. 9/7/79) SEC. 26. REMAINING UPON PRIVATE OR BUSINESS PROPERTY AFTER BEING REQUESTED TO LEAVE; SECOND OFFENSE WITHIN 24 HOURS; PENALTY; EXCEPTIONS. (a) Any person who remains upon or returns to said private property or business premises within 24 hours after violating and being cited for said violation of Section 25 and who is again notified by the owner, lessee, or other person in charge of the property to leave, or by a police officer at the specific request of said person in charge, and who refuses to do so, shall be in violation of this Section. (b) Notice. Such notification referred to by owners, lessees or other persons in charge of premises in subparagraph (a) above may be oral or in the form of a written notice, posted in a conspicuous place, describing the specific area and hours in which persons are to keep off or to keep away. (c) Penalty. Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the County Jail for a period not exceeding six months or by a fine of not more than $500, or by both such fine and imprisonment; (d) Exceptions. This Section shall not apply in any of the following instances: (1) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person; (2) Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers; or (3) Where its application would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech or assembly. (Added by Ord. 454-79, App. 9/7/79) SEC. 27. REMAINING UPON PRIVATE OR BUSINESS PROPERTY AFTER BEING REQUESTED TO LEAVE, SECOND OFFENSE WITHIN 120 DAYS OF CONVICTION; PENALTY; EXCEPTIONS. (a) Any person who remains upon or returns to said private property or business premises within 120 days after the date of conviction of a violation of Section 25 and who is again notified by the owner, lessee, or other person in charge of the property to leave, or by a police officer, at the specific request of said person in charge, and who refuses to do so, shall be in violation of this Section. (b) Notice. Such notification referred to by owners, lessees or other persons in charge of premises in subparagraph (a) above may be oral or in the form of a written notice, posted in a conspicuous place, describing the specific area and hours in which persons are to keep off or to keep away.

(c) Penalty. Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the County Jail for a period not exceeding six months or by a fine of not more than $500, or by both such fine and imprisonment; (d) Exceptions. This Section shall not apply in any of the following instances: (1) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person; (2) Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers; or (3) Where its application would result in an interference with or inhibition of any exercise of a constitutionally protected right of freedom of speech or assembly. (Added by Ord. 454-79, App. 9/7/79) SEC. 28. KITE FLYING PROHIBITED NEAR HIGH VOLTAGE LINES AND BROADCASTING TOWERS. It shall be unlawful for any person to fly any kite so that the kite, tail, or string comes within 25 feet of any high voltage overhead conductor or artificially illuminated television or radio transmitting tower. As used in this Section, a "high voltage overhead conductor" is any electrical conductor with a voltage in excess of 750 volts, installed above the ground and not enclosed in iron pipe or equivalent; and an "artificially illuminated television or radio transmitting tower" is a radio or television transmitting tower equipped with electric lighting to avoid hazard to aircraft. (Amended by Ord. 458-80, App. 9/26/80) SEC. 33. RUBBISH, ETC., THROWING ON STREETS PROHIBITED. It shall be unlawful for any person or persons to put, place, sweep, throw, brush or in any other manner deposit any rubbish, paper, cards, newspapers, wrapping or wrapping paper, container of any kind, string, cord, rope or other binding or fastening material, sweepings, dirt or debris or discarded material of any kind or character upon any sidewalk, street, alley, gutterway or other public place in the City and County of San Francisco. It shall also be unlawful for any person or persons to throw, sweep or brush any rubbish, paper sweepings or dirt from any residence, flat, apartment house, store or office building into any sidewalk, street or alley. (Amended by Ord. 1994, Series of 1939, App. 3/8/43) SEC. 34. ACCUMULATION OF LITTER ON SIDEWALKS PROHIBITED. It shall be unlawful for the occupant, or in the absence of an occupant, the owner or lessee, of any building in the City and County, to permit litter to remain or accumulate upon the sidewalk in front of or abutting said building. Said litter may be disposed of as provided in Section 35(a) of the Code, provided, however, that on any day the street fronting or abutting said building is scheduled to be serviced by mechanical equipment under controlled parking conditions, said litter, other than food products or material intended for food or drink may be deposited in said street, but only one hour prior to said service. The term "litter" as used herein shall mean and include the enumeration of items set forth in Section 33 of this Code. (Amended by Ord. 7-77, App. 1/7/77) SEC. 35. CUSPIDORS, ETC., NOT TO BE EMPTIED ON SIDEWALK. No cuspidors, spittoons, tubs or other such articles shall be washed, cleaned or emptied on any public streets, sidewalks or alleyways in this City and County. (Added by Ord. 1.075, App. 10/11/38) SEC. 35(a). USE OF SIDEWALK TRASH OR LITTER RECEPTACLES.

The litter receptacles placed on the sidewalks by the Department of Public Works may be used for deposit of casual litter such as food, wrappers and lunchbags. Sweepings from sidewalk cleaning, as specified in Section 34, may also be deposited in such receptacles. It is unlawful for any person to deposit any household garbage, refuse, waste, sweepings, or dirt collected within any residence, flat, apartment house, store, or office building in, on top, or alongside such litter receptacles. (Amended by Ord. 410-75, App. 10/1/75) SEC. 36. TENANT OF LOWER FLAT RESPONSIBLE. When there are flats or more than one house fronting on a pavement, the proprietor or tenant of the lower flat or house nearest the sidewalk shall be held responsible for the cleanliness of said sidewalk. (Added by Ord. 1.075, App. 10/11/38) SEC. 37. PENALTY. (a) Any person who shall violate any of the provisions of Sections 33, 34, 35 or 36 of this Article shall be guilty of an infraction and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $80 nor more than $100; and for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $300 nor more than $500. (b) Any person who shall violate any of the provisions of Section 35(a) of this Article shall be guilty of an infraction and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $80 nor more than $100; for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $300 nor more than $500. (c) Alternatively, any person who violates any of the provisions of Sections 33, 34, or 35(a) of this Article shall be subject to an administrative penalty not to exceed $1,000 for each violation. Administrative penalties authorized by this section shall be assessed, enforced and collected in accordance with Section 39-1 of this Code. (Amended by Ord. 72-86, App. 3/14/86; Ord. 197-98, App. 6/19/98; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004) SEC. 38. ENFORCEMENT OF LITTER LAWS; DESIGNATED OFFICERS AND EMPLOYEES. The classes of officers or employees of the City and County of San Francisco hereinbelow set forth may have the duty of enforcing those provisions of state law or the San Francisco Municipal Code which relate to abatement of nuisance conditions on public property or the littering of private or public property, including, but not limited to, streets, sidewalks, parks, squares or recreation areas within said City and County, the removal or abatement of any such litter from said private or public property or the unauthorized use of litter receptacles. In addition to any other authority provided by state law or the Municipal Code, each of these classes of officers or employees may also issue citations imposing administrative penalties authorized by Section 39-1. Classification Number Class Title Classification Number Class Title 0922 Manager I (positions assigned to the Recreation and Park Department only) 0932 Manager IV (positions assigned to the Department of Public Works only) 0933 Manager V (positions assigned to the Department of Public Works only) 0941 Manager VI (positions assigned to the Department of Public Works only) 0954 Deputy Director (positions assigned to the Department of Public Works only) 0964 Director of Public Works 1310 Public Relations Assistant (positions assigned to the Department of Public Works only) 1312 Public Information Officer (positions assigned to the Department of Public Works only) 1314 Public Relations Officer (positions assigned to the Department of Public Works only) 2716 Custodial Assistant Supervisor 2917 Program Support Analyst 3234 Harbormaster 3292 Assistant Superintendent, Recreation

6120 Environmental Health Inspector 6122 Senior Environmental Health Inspector 6124 Principal Environmental Health Inspector 6126 Chief, Bureau of Environmental Health Services 6127 Assistant Chief, Bureau of Environmental Health Services 6230 Street Inspector 6231 Senior Street Inspector 6232 Street Inspector Supervisor 7215 General Laborer Supervisor I 7281 Street Cleaning Supervisor II 7514 General Laborer (receiving lead pay only) 8208 Park Patrol Officer 8210 Head Park Patrol Officer H4 Inspector, Bureau of Fire Prevention and Public Safety H22 Lieutenant, Bureau of Fire Prevention and Public Safety H32 Captain, Bureau of Fire Prevention and Public Safety H40 Battalion Chief, Fire Department H50 Assistant Chief, Fire Department

(Added by Ord. 76-87, App. 3/20/87; amended by Ord. 175-92, App. 6/16/92; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 283-13 , File No. 131032, App. 12/26/2013, Eff. 1/25/2014) SEC. 39. PROCEDURE FOR ENFORCEMENT OF LITTER LAWS. In the enforcement of said provisions the classes of officers and employees set forth in Section 38 shall utilize, where appropriate, the procedure as prescribed by Section 836.5 and Chapter 5C (commencing with Section 853.5) of Title 3, Part 2, of the Penal Code of the State of California. (Added by Ord. 76-87, App. 3/20/87)

PENALTIES FOR SPECIFIED LITTERING AND NUISANCE VIOLATIONS. (a) This Section 39-1 shall govern the imposition, assessment, and collection of administrative penalties imposed pursuant to Sections 37, 38, and 63 of the Police Code; Sections 41.13, 283.1, 287, 288.1 and 600 of the Health Code; Sections 163, 170, 173, 174, 174.2, 723, 723.5, 724.5, 794, and 1606 of the Public Works Code; and Section 22G.4 of the Administrative Code. (b) The Board of Supervisors finds: (1) That it is in the best interest of the City and its citizens to provide an alternative, administrative penalty mechanism for enforcement of the littering and nuisance violations covered by this section in addition to the existing enforcement mechanisms authorized under the California Penal Code; and (2) That the administrative penalty scheme established by this section is not intended to be punitive in nature, but is instead intended to compensate the public for the injury and damage caused by the prohibited conduct. The administrative penalties authorized under this section are intended to be reasonable and not disproportionate to the damage or injury to the City and the public caused by the prohibited conduct. (c) Administrative Citation. Where an officer or employee designated in Section 38 determines that there has been a violation of a local litter or nuisance law that authorizes imposition of an administrative penalty, the officer or employee may issue an administrative citation to the person and/or entity responsible for the violation. For purposes of this Section, an entity is responsible if an officer, employee or agent of the entity commits the violation. The citation shall inform the person or entity responsible of the date, time, place and nature of the violation and the amount of the proposed penalty, and shall state that the penalty is due and payable to the City Treasurer within 15 City business days from the date of the notice, if not contested within the time period specified. The citation shall also state that the person or entity responsible has the right, pursuant to Subsection (d), to request administrative review of the citing officer or employee's determination as to the violation and assessment of penalties, and shall set forth the procedure for requesting administrative review. The Director shall serve the administrative citation as follows: 1. Where there is a nexus between the violator and a specific property:

(A) One copy of the Notice shall be posted in a conspicuous place upon the building or property. (B) One copy of the Notice shall be served upon each of the following: (i) The person, if any, in real or apparent charge and control of the premises or property involved; (ii) The owner of record. Service required by subparagraph (B) may be made by personal service or by certified mail. 2. Where the issuing officer or employee is unable to ascertain a nexus between the violation and property within the City, a completed copy of the administrative citation may be served on the individual who has committed the violation by personal service or by certified mail. 3. For purposes of this Section, there is a nexus where activity on the property has caused, contributed to, or been a substantial factor in causing, the violation. (d) Request for Hearing; Hearing. (1) A person or entity that has been issued an administrative citation may request administrative review in order to contest the citation issued in accordance with this section. Administrative review shall be initiated by filing a request for administrative review with the Director of Public Works within 15 City business days from the date of the citation. Failure to request a hearing within the time specified in the citation shall be deemed an admission that the cited person or entity committed the violation identified in the administrative citation. (2) Whenever administrative review is requested pursuant to this Section, the Director of Public Works shall, within five City business days of receipt of the request, notify the requestor of the date, time, and place of the administrative review hearing by certified mail. Such hearing shall be held no later than thirty (30) calendar days after the Director receives the request, unless time is extended by mutual agreement of the affected parties. (3) The administrative review hearing shall be conducted by a neutral hearing of officer from outside the Department of Public Works and the department whose employee issued the citation, assigned by the Director of Administrative Services. The Director of Administrative Services may issue rules as needed to implement this requirement. The parties may present evidence and testimony to the hearing officer. All testimony shall be under oath. The hearing officer shall ensure that a record of the proceedings is maintained. The burden of proof to uphold the violation shall be on the City, but the administrative citation shall be prima facie evidence of the violation. (4) The hearing officer shall issue a decision including a summary of the issues and the evidence presented, and findings and conclusions, within ten (10) calendar days of the conclusion of the hearing. The hearing officer may uphold the penalty imposed by the citation, reduce the penalty, or dismiss the citation. A copy of the decision shall be served by certified mail upon the person or entity contesting the violation. The decision shall be a final administrative determination. An aggrieved party may seek judicial review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. (e) Payment and Collection of Penalty. (1) Where a person or entity has not made a timely request for administrative review, the penalty shall be due and payable to the City Treasurer on or before 15 City business days from the date of issuance. (2) Where a person or entity has made a timely request for administrative review, and the penalty has been upheld in whole or in part upon review, any administrative penalty imposed by the hearing officer shall be due and payable not later than ten City business days from the date of the notice of decision issued under subparagraph (d)(4). (3) If a penalty due and payable under paragraphs (1) or (2) remains unpaid after the specified due date, the Director of Public Works shall send the violator written notice that the penalty is overdue. Penalties that remain unpaid 30 days after the due date shall be subject to a late payment penalty of ten percent (10%) plus interest at the rate of one percent (1%) per month on the outstanding balance, which shall be added to the penalty amounts from the date that payment is due. Persons and entities against whom administrative penalties are imposed shall also be liable for the costs and attorney's fees incurred by the City and County in bringing any civil action to enforce the provisions of this section, including obtaining a judgment for the amount of the administrative penalty and other costs and charges. (4) Where there is a nexus between the violation and property in the City owned by the violator, the Director shall further inform the violator that if the amount due is not paid within 30 days from the date of the notice, the Director shall initiate proceedings to make the amount due and all additional authorized costs and charges, including attorneys fees, a lien on the property. Such liens shall be imposed in accordance with Chapter 10, Article XX of the Administrative Code. (f) The revenues generated by penalties from an administrative citation issued pursuant to this Section may be expended only by the department that is responsible for issuing the administrative citation, except that each department other than Public Works that issues administrative citations pursuant to this Section shall reimburse the Department of Public Works for the costs incurred by the Department of Public Works in administering review of those citations issued by the other department. The revenues from administrative citations issued by Class 8280 Environmental Control Officers and 8282 Senior Environmental Control Officers may be expended exclusively by the Department of Public Works for the purpose of funding litter enforcement and abatement except where the use or expendit

e Department of Public Works in administering review of those citations issued by the other department. The revenues from administrative citations issued by Class 8280 Environmental Control Officers and 8282 Senior Environmental Control Officers may be expended exclusively by the Department of Public Works for the purpose of funding litter enforcement and abatement except where the use or expenditure of those revenues is specifically directed by law to another program within the Department of Public Works. (Added by Ord. 87-03, File No. 030482, App. 5/9/2003; amended by Ord. 27-06, File No. 051142, App. 2/16/2006; Ord. 74-11, File No. 110280, App. 5/5/2011, Eff. 6/4/2011; Ord. 244-17, File No. 170599, App. 12/22/2017, Eff. 1/21/2018; Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020; Ord. 132-20, File No. 191283, App. 8/21/2020, Eff. 9/21/2020; Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 43. [REPEALED.] (Amended by Ord. 172-69, App. 5/21/69; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 193-05, File No. 051027, App. 7/29/2005; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 75-16 , File No. 160104, App. 5/13/2016, Eff. 6/12/2016; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017) SEC. 44. [REPEALED.] (Amended by Ord. 172-69, pp. 5/21/69; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017) SEC. 45. [REPEALED.] (Amended by Ord. 172-69, App. 5/21/69; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017) SEC. 46. [REPEALED.] (Amended by Ord. 172-69, App. 5/21/69; Ord. 100-12 , File No. 120405, App. 6/8/2012, Eff. 7/8/2012; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017) SEC. 47. [REPEALED.] (Added by Ord. 172-69, App. 5/21/69; amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 172-69, App. 5/21/69; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 172-69, App. 5/21/69; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017) SEC. 48. [REPEALED.] (Added by Ord. 172-69, App. 5/21/69; amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 193-05, File No. 051027, App. 7/29/2005; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017) SEC. 49. UNNECESSARY NOISE; AUTHORIZED EMERGENCY VEHICLES. (a) Except as provided in Article 15.1 of this Code, and as to activities conducted pursuant to a permit issued by the City, and to amplifying equipment used in authorized emergency vehicles as defined in the California Vehicle Code, it shall be unlawful for any person to use, operate, maintain, or permit to be played, used, or operated any radio or television receiving set, musical instrument, phonograph, juke box, broadcasting equipment, or other machine or device for the producing, reproducing, or amplification of sound or human voice in such manner as to produce raucous noises or in such manner so as to disturb the peace, quiet, and comfort of persons in the neighborhood or with volume louder than is necessary for convenient hearing for the person or persons for whom said machine, instrument, or device is operated. (b) The operation of any such set, instrument, phonograph, juke box, broadcasting equipment, machine, or device between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 50 feet from the property line of the property from whence the sound is emitted, shall be prima facie evidence of a violation of this Section 49. (c) The operation of any such set, instrument, phonograph, juke box, broadcasting equipment, machine, or device at any time in such a manner as to cause a noise level in excess of the standards set forth in Article 29 of this Code shall be prima facie evidence of a violation of this Section 49. (d) Any person who violates this Section 49 shall be deemed guilty of a misdemeanor and subject to the criminal penalties specified in Section 1060.25(a) of this Code as well as the civil penalties specified in Section 1060.25(c). (e) In addition to the criminal and civil penalties in Subsection (d), the Director of the Department of Public Health, or his or her respective designee, may also issue administrative citations for the violation of this Section. San Francisco Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Subsection (e). For purposes of calculating and imposing the administrative penalties under this Subsection (e), each day a violation occurs or continues shall constitute a separate violation. The Director of the Department of Public Health may recover any costs and fees, including but not limited to attorneys’ fees, for enforcement initiated through this Section and authorized under this Section.

(f) The remedies specified in this Section shall not preclude any other remedies available under state or local law. (g) It is the intention of the Board of Supervisors that each separate subsection, sentence, clause, or phrase of this Section 49 shall be deemed independent of each other, and that if any subsection, sentence, clause, or phrase be declared invalid or unconstitutional, all other remaining portions thereof shall remain valid and enforceable. (Added by Ord. 172-69, App. 5/21/69; amended by Ord. 274-72, App. 9/20/72; Ord. 278-08, File No. 081119, App. 11/25/2008; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017) SEC. 50. [RESERVED.] (Added by Ord. 172-69, App. 5/21/69; section deleted and provisions merged into Sec. 49 by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017) SEC. 51. SMOKING IN ENCLOSED SECTION OF STREET CARS, CABLE CARS, MOTOR COACHES AND TROLLEY COACHES PROHIBITED. It shall be unlawful for any person to smoke any cigar, pipe or cigarette, or to carry any lighted cigar, pipe or cigarette within the enclosed section of any street car, cable car, motor coach or trolley coach operated within the City and County of San Francisco. (Amended by Ord. 4007, Series of 1939, App. 9/5/46)

SEC. 52. PENALTY. Any person who shall violate any of the provisions of Sections 51, 51.1 or 51.2 of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $25 or by imprisonment in the County Jail for not more than 10 days, or by both such fine and imprisonment. (Added by Ord. 49-73, App. 2/8/73) SEC. 53. RESERVED. (Added by Ord. 74-86, App. 3/14/86; amended by Ord. 562-88, App. 12/27/88; Repealed by Ord. 312-08, File No. 081009, App. 12/19/2008)

(Added by Ord. 74-86, App. 3/14/86; Repealed by Ord. 312-08, File No. 081009, App. 12/19/2008) SEC. 55. SMOKING, ETC., ON WHARVES, ETC.

(a) It shall be unlawful for any person to smoke, carry or possess a lighted cigar, cigarette, or pipe, or to smoke tobacco or any other similar substance in any form, or to ignite any match or mechanical lighter on or in any wharf, pier, dock, bulkhead, or marine facility; provided, however, that tobacco may be smoked in any area or space on or in any such place or structure, that may be set apart for such purpose by the joint action of the Chief of the Fire Department and the Board of State Harbor Commissioners, and clearly so designated by duly posted signs; but any such permission to smoke in a designated area or space may be withdrawn at any time by like joint action. Provided, however, that in every area or space set apart as a space or area within which smoking is permitted, in accordance with the provisions of this Section, there shall be provided at least one approved fireproof container filled with sand for every three hundred square feet or fraction thereof of floor area for the purpose of depositing cigarettes or cigar butts, tobacco, matches and other material which may be productive of starting fires and at least one approved portable fire extinguisher for every five hundred square feet or fraction thereof of said floor area, which fire extinguisher shall be at least two and one-half gallon capacity or at least one quart capacity if said fire extinguisher is of the carbon tetrachloride type. (b) It shall be unlawful for any person to smoke, carry or possess a lighted cigar, cigarette, or pipe, or to smoke tobacco or any other similar substance in any form, or to ignite any match or mechanical lighter on any vessel moored at any wharf, pier, dock, bulkhead, or marine facility; provided, however, that tobacco may be smoked in any area or space that may be set apart for such purpose on any such vessel by the joint action of the Chief of the Fire Department and the master of said vessel, and clearly so designated by duly posted signs; but, any such permission to smoke in a designated area or space may be withdrawn at any time by like joint action; and provided further, that in no case shall smoking be permitted (1) On weather decks, (2) When loading or discharging explosives, (3) In cargo spaces, (4) When gas freeing ship's tanks or when loading in bulk any liquid inflammable cargo having a flash point of 80° F. or below. (Amended by Ord. 2692, Series of 1939, App. 4/26/44)

It shall be unlawful for any person to use an open flame of any character or an electric arc, excepting only when said open flame or electric arc is necessarily employed in the making of repairs, alterations, or structural changes on or in any wharf, pier, dock, bulkhead or marine facility or within any hatch, hold or other space wherein cargo of any character is or may be kept or stored in any vessel on or within the limits of the City and County of San Francisco. (Added by Ord. 2692, Series of 1939, App. 4/26/44) SEC. 56. AUTHORITY TO MAKE RULES. The Chief Engineer of the Fire Department, in conjunction with the Chief of the Division of Fire Prevention and Investigation, is hereby authorized and given full power and authority to make all necessary rules and regulations, not in conflict with the provisions of Sections 55 and 55.1 of this Chapter, providing for the use of any open flame or electric arc when the same are used in the making of repairs, alterations, or structural changes on any wharf, pier, dock, bulkhead or marine facility or within any hatch, hold or other space wherein cargo of any character is or may be kept or stored in any vessel on or within the limits of the City and County of San Francisco, and providing for the safe and proper fire protection for any area or space, including any office or lunchroom, wherein smoking is permitted in accordance with Section 55 of this Chapter. (Amended by Ord. 2692, Series of 1939, App. 4/26/44) SEC. 57. VIOLATION. Any person who shall violate any of the provisions of Sections 55, 55.1 and 56 of this Article, or any rule or regulation made by the Chief of the Fire Department in conjunction with the Chief of the Division of Fire Prevention and Investigation, under authority hereof, shall be guilty of a misdemeanor and shall be punished by a fine of not exceeding $500, or imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. (Amended by Ord. 1691, Series of 1939, App. 4/26/44) SEC. 58. EXCEPTION.

The Municipal Recreation Concrete Pier at the Aquatic Park shall be exempt from the provisions of Sections 55 and 57 of this Article, except those provisions contained in Section 56 of this Article. (Added by Ord. 1.075, App. 10/11/38) SEC. 63. OBSTRUCTIONS ON STREETS AND SIDEWALKS. (a) It shall be unlawful for any person, firm or corporation, occupying or having charge or control of any premises, to place or cause to be placed, or suffer to remain upon the sidewalk, or upon the half of the street in front of such premises, any Article or substance which shall obstruct the passage of such street or sidewalk. (b) It shall be unlawful for any person, firm or corporation to enter into a lease, rental agreement or contract of any kind, written or oral, with or without compensation, for the use of any street or sidewalk. (c) As an alternative to any other fines or penalties applicable to a violation of this section, any person, firm or corporation who is in violation of this section shall be subject to an administrative penalty not to exceed $300 for each violation. The administrative penalty shall be assessed, enforced and collected in accordance with Section 39-1 of this Code. (Amended by Ord. 169-87, App. 5/4/87; Ord. 87-03, File No. 030482, App. 5/9/2003) SEC. 64. EXCEPTIONS. The provisions of Section 63(a) of this Article shall not apply to: (a) Goods or merchandise in actual course of receipt, delivery or removal; (b) Lamp posts or hydrants, erected by permission of the Director of Public Works; (c) Any tree, plant or shrub planted in the sidewalk area, or any boxed or potted tree, plant or shrub set on the sidewalk area when the containers are not attached to the building; (d) Watering troughs placed by permission of the Director of Public Works upon sidewalks for the accommodation of the public; (e) Bicycle racks or motorcycle racks placed upon the sidewalks by permission of the Director of Public Works and of the adjoining property owners for the accommodation of persons using such bicycle or motorcycle, the same not to exceed three feet in width and three feet in height and to be entirely devoid of advertising matter; provided, that motorcycle racks shall be supplied with a metallic pan for the purpose of catching oil drippings; (f) Hitching posts placed by permission of the Director of Public Works upon sidewalks, in accordance with pattern indicated in the design approved by and on file in the office of said Director; (g) Sockets to be placed upon the outer line of the sidewalk within the curb line for the support of flagpoles to be used for the display of flags. The said sockets shall be approved by, and installed under the supervision and to the satisfaction of, the Director of Public Works; (h) "A" boards or advertising signs, placed and displayed by authorized representatives of the Armed Forces of the United States, in aid of their respective recruitment programs; (i) A display stand placed on the sidewalk, within a certain area as set forth in Sections 153 and 183-1 of Article 5.3 of the Public Works Code, for display of fruits and vegetables or nonfood merchandise. The display stand shall be approved by, placed under the supervision of, and maintained under conditions established by, the Director of Public Works. (Amended by Ord. 523-83, App. 11/4/83) SEC. 65. OBSTRUCTING PASSENGER LOADING ZONES. (a) Findings. (1) San Francisco is a dense, urban environment that, like many large cities, experiences both heavy motor vehicle traffic on streets and heavy pedestrian traffic on sidewalks, particularly in areas with concentrated commercial businesses and other facilities open to the public. (2) Reducing traffic congestion on City streets and maintaining a smooth flow of pedestrian traffic and access to authorized commercial businesses and other facilities on public sidewalks are essential to public safety, thriving neighborhoods and a vital economy in the City.

(3) The need to control pedestrian and commercial traffic is greatest during the hours of operation of businesses, shops, restaurants, and other organizations and commercial enterprises, when streets and public sidewalks are congested, and when City residents are most likely to use their neighborhood sidewalks. (4) Various entities, including for example, restaurants, hotels, apartment buildings, schools, religious institutions, health care facilities, and adult and child day care facilities, have significant numbers of customers or patrons who are picked up or dropped off by motor vehicles. These entities may request that the City, through its Municipal Transportation Agency (''MTA"), establish a "white zone," which is a passenger loading area at the street curb fronting the entity. White zones require payment of a fee, a public hearing and approval by the City's Traffic Engineer. (5) By facilitating access to businesses, shops, organizations and services, white zones reduce the number of vehicles double parked on City streets and obviate the need for drivers to circle blocks in search of a parking space in order to drop off or pick up passengers. White zones serve an important role in reducing traffic congestion, improving vehicular and pedestrian safety, and reducing motor vehicle emissions. (6) An individual's placement of physical items, including, but not limited to, materials, objects, substances, or articles of personal property on a white zone curb or on a sidewalk adjacent to a white zone, can prevent or impede a passenger's ability to enter or exit a vehicle stopped in the white zone, or his or her unobstructed passage across the sidewalk between the white zone and the adjacent building, which in turn endangers the safety of motor vehicle passengers and other members of the public seeking to use these zones, especially seniors, individuals with a disability, including individuals with mobility, vision, or hearing impairments, and children and their parents or guardians, and frustrates the very purposes of the white zone. (7) Existing laws that prohibit the intentional, willful or malicious obstruction of pedestrians on sidewalks do not adequately address the safety hazards, disruption and impediments to pedestrian and vehicular traffic that blocking access to white zones and sidewalks adjacent to white zones causes. (b) Definitions. For purposes of this section, the following terms shall have the following meanings: (1) ''Adjacent Sidewalk" shall mean that portion of a sidewalk located next to a White Zone Curb, and extending across the sidewalk to the back of curb line as depicted in the City's official record of sidewalk widths, bounded at either end of the White Zone Curb by a line perpendicular to the curb and extending to the back of curb line as depicted in the City's official record of sidewalk widths. (2) ''Business or Facility" shall mean any commercial, noncommercial, or nonprofit enterprise providing goods or services, including, but not limited to, stores, shops, offices, schools, religious institutions, places of entertainment, health care facilities, child and adult day care facilities, hotels, and apartment buildings. Except for public schools and public health care facilities, ''Business or Facility" shall not include any building owned by a governmental entity and used for governmental purposes. (3) "Obstruct" shall mean to either: a) place any physical items, including, but not limited to, materials, objects, substances, or articles of personal property on a White Zone Curb or an Adjacent Sidewalk; or b) suspend any physical items, including, but not limited to, materials, objects, or articles of personal property over a White Zone Curb or an Adjacent Sidewalk so that the lowest edge of the material, object or article is at a height of less than seven feet above the White Zone Curb or Adjacent Sidewalk. For purposes of this Section, a person, and anything worn or carried by a person, shall not constitute an obstruction. (4) "White Zone Curb" shall mean the curbside edge of a sidewalk designated as a passenger loading zone that the Municipal Transportation Agency has painted white. (c) Prohibition. It shall be unlawful to Obstruct a White Zone Curb or Adjacent Sidewalk in front of any Business or Facility at any time during which use of the parking space adjacent to the White Zone Curb is restricted to passenger loading and unloading. (d) Exceptions. The prohibition in Subsection (c) shall not apply to the placement of: (1) Any property placed on or affixed to an Adjacent Sidewalk by a governmental entity, a public utility, or the Joint Pole Authority, including but not limited to telephone, electrical and light poles, traffic control and directional signs and devices, parking meters, fire hydrants, emergency call boxes, United States Postal Service mail receptacles or boxes, public transportation shelters, benches and identifying signs, bicycle racks, and bicycles stored in such racks; (2) Any property or equipment that the City authorizes in accordance with the Public Works Code or under any permit from, or regulations or orders issued by, the Director of Public Works; (3) Physical items on a White Zone Curb or Adjacent Sidewalk in the course of operating or patronizing a commercial establishment conducted on an Adjacent Sidewalk pursuant to a sidewalk use permit; (4) Physical items on a White Zone Curb or Adjacent Sidewalk in the course of participating in or attending a parade, festival, performance, or similar event conducted in the street or on a public sidewalk pursuant to and in compliance with a street use or other applicable permit; or (5) Any personal property required by a person for personal mobility or medical purposes. (e) Notification. A peace officer may not cite a person for violating this Section unless the person eng

in or attending a parade, festival, performance, or similar event conducted in the street or on a public sidewalk pursuant to and in compliance with a street use or other applicable permit; or (5) Any personal property required by a person for personal mobility or medical purposes. (e) Notification. A peace officer may not cite a person for violating this Section unless the person engages in conduct this Section prohibits after a peace officer has notified the person that the conduct violates this Section. (f) Penalty. Any person violating Subsection (c) of this Section shall be guilty of an infraction and shall be punished by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation of Subsection (c) within a year of a first violation, and five hundred dollars ($500) for each additional violation of Subsection (c) within a year of a first violation. (g) Other laws and orders. Nothing in this Section shall be construed to permit willfully and substantially obstructing the free passage on the sidewalk of any person in violation of State or local law.

(h) Disclaimer. In undertaking the adoption and implementation of this Ordinance, the City is assuming an undertaking only to promote the general welfare. The City is not assuming, nor is it imposing on its officer and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (i) Severability. If any subsection, sentence, clause, phrase, or word of this Section be for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this Section or any part thereof. (Added by Ord. 125-12 , File No. 120559, App. 6/29/2012, Eff. 7/29/2012) Editor's Note: See also Transportation Code Secs. 7.2.27 ("Infractions – Curb Parking – White Zones"); 8.1(a)(8) (authorizing removal of vehicle parked in violation of White Zone restriction or prohibition); 1006 (miscellaneous regulations pertaining to White Zones). SEC. 69. PILING OF LUMBER AND TIMBER REGULATED. It shall be unlawful for any person, firm or corporation to place or pile, or cause to be placed or piled, any lumber or timber to a greater height than 35 feet measured vertically from the general level of the ground on which it is placed or piled. (Added by Ord. 1.075, App. 10/11/38) SEC. 74. HYDRANTS, OBSTRUCTION OF, PROHIBITED. It shall be unlawful for any person to obstruct any hydrant on any public street, or to place or deposit any lumber, rock, sand, or other substance within 15 feet of any hydrant on the roadway of any street. (Added by Ord. 1.075, App. 10/11/38) SEC. 87. SCATTERING BILLPOSTING REFUSE PROHIBITED. No person, firm or corporation shall scatter, daub or leave any paint, paste, glue, or other substance used for painting or affixing advertising matters upon any public street or sidewalks or scatter or throw or permit to be scattered or thrown any bills, waste matter, paper, cloth or materials of whatsoever kind removed from billboards on any public street or on private property. (Added by Ord. 1.075, App. 10/11/38) SEC. 92. RESERVED. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 93. RESERVED. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 94. FORECLOSURE RESPONSIBILITY AND ACCOUNTABILITY. Title. This Section shall be known as the Foreclosure Responsibility and Accountability Ordinance. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014) (Former Sec. 94 added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)

(a) San Francisco is still seeing a significant number of foreclosures. According to the San Francisco Assessor/Recorder's fiscal year 2010-2011 Annual Report, there were 2,277 notices of default recorded in residential, commercial and industrial properties. This statistic represents an average of 184 recorded notices of default per month, up 171% from five years ago. (b) In addition, there were 927 actual foreclosures in the 2010-2011 fiscal year or an average of 83 per month. This figure represents a 3% increase from the previous fiscal year, and an 1128% increase from five years ago when foreclosures averaged 7 per month. (c) The majority of foreclosures in San Francisco are non-judicial foreclosures. A non-judicial foreclosure allows a lender to sell a property to pay off an existing debt, assuming the lender is authorized to foreclose and that all the requisite procedures are followed. Often, by the time the foreclosure process has concluded, the foreclosed property is in a state of disrepair, often suffering from deferred maintenance and neglect and needing significant repairs. (d) Once a foreclosure has concluded, properties can remain in a state of disrepair for months, even years. Often, a foreclosing owner, despite having the resources and ability to abate the conditions, chooses to leave the property in its current state subjecting tenants and the surrounding community and neighbors to the effects of this neglect: further deteriorating conditions such as mold, lack of heat and hot water, peeling paint, overgrown vegetation, vulnerability to squatters, blight, and other nuisance. (e) The City recognizes the importance in a dense, urban environment of the need to ensure that properties are maintained in a healthy and safe condition, free of nuisances and blight and therefore it is the policy of the City that all Departments consider enforcement of this Ordinance a high priority. By holding owners of foreclosed properties responsible for maintaining their properties and increasing the potential consequences errant owners face for permitting nuisances to continue, the City can more effectively ensure that its neighborhoods are healthy and sate for those who choose to live, work or visit. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

For the purposes of this Article, the following terms shall have the following meanings: (a) "Foreclosed Property/ies" means a property where a Trustee Deed is issued evidencing the sale, recovery or transfer to a lender or a third party pursuant to any judicial or non-judicial process initiated as recourse for a borrower's default or alleged default on a loan secured by the property. (b) "Public Nuisance" includes any condition that is defined as a public nuisance under California state law including California Civil Code Sections 3479 and 3480. "Public Nuisance" also includes any condition declared by the San Francisco Municipal Code to be a public nuisance. (c) "Person" shall include, but is not limited to: (1) individuals; (2) corporations; (3) not-for-profit organizations; (4) partnerships; (5) associations; (6) other business entities; and (7) groups of individuals or entities. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

(a) It shall be unlawful to maintain a foreclosed property in a manner that constitutes a public nuisance. (b) Maintaining a foreclosed property in a manner that constitutes a public nuisance shall be considered an aggravating factor in fashioning civil penalties and/or injunctive relief pursuant to state or local law, including California Civil Code Sections 3479-3480, California Code of Civil Procedure Section 731, Health and Safety Code Sections 11570 et seq. and 17910 et seq., and the San Francisco Municipal Code. (c) Persons who own ten or more foreclosed properties shall be liable for an increased penalty of up to three times (treble) the amount of any civil penalty assessed by a court of competent jurisdiction for maintaining a foreclosed property in a manner that constitutes a public nuisance. In these circumstances, a court may treble any award of civil penalties authorized by applicable provisions of state and local law including but not limited to the following: (1) San Francisco Administrative Code (2) San Francisco Building Code (3) San Francisco Electrical Code

(4) San Francisco Fire Code (5) San Francisco Health Code (6) San Francisco Housing Code (7) San Francisco Mechanical Code (8) San Francisco Planning Code (9) San Francisco Plumbing Code (10) San Francisco Public Works Code. (d) Nothing in this Article shall be interpreted as restricting or otherwise limiting the enforcement authority that state law or the Charter or Municipal Code vests in the City, its agencies, officers or employees or any state agency. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause. or phrase not declared invalid or unconstitutional without regard to whether any portion of this ordinance would be subsequently declared invalid or unconstitutional. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

Nothing in this ordinance shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

In adopting and implementing this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing in its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014) SEC. 95. PROHIBITING THE FREE DISTRIBUTION OF TOBACCO IN PUBLIC PLACES AND PLACES OPEN TO THE PUBLIC; PENALTY. (a) No person, firm, association or corporation in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute, or direct, authorize, or permit any agent or employee to distribute, (1) any cigarette or other tobacco or smoking product, including any smokeless tobacco product, or (2) coupons, certificates, or other items that can be exchanged or used to acquire any cigarette or other tobacco or smoking product, including a voucher, ticket, rebate, rebate offer, check, credit, token, code, password or any item labeled "coupon" or "coupon offer"; or (3) tobacco accessories, including cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco or smoking product, to any person on any public street or sidewalk or in any public park or playground or on any other public ground in any public building or place open to the public. (b) No agent or employee of any person, firm, association or corporation in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute (1) any cigarette or other tobacco or smoking product, including any smokeless tobacco product, or (2) coupons, certificates, or other items that can be exchanged or used to acquire any cigarette or other tobacco or smoking product, including a voucher, ticket, rebate, rebate offer, check, credit, token, code, password or any item labeled "coupon" or "coupon offer", or (3) tobacco accessories, including cigarette papers or wrappers-pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco or smoking product, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building or place open to the public. (c) Any person, firm, association or corporation who violates Subsection (a) shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. Each distribution of cigarettes or other tobacco or smoking products or tobacco accessories to a person shall be considered a separate offense.

(d) Any person violating Subsection (b) shall be deemed guilty of an infraction. Every violation is punishable by (1) a fine not exceeding $100 for a first violation; (2) a fine not exceeding $200 for a second violation within one year, (3) a fine not exceeding $500 for each additional violation within one year. Each distribution of cigarettes or other tobacco or smoking products or tobacco accessories to a person shall be considered a separate offense. (Added by Ord. 296-88, App. 6/29/88; amended by Ord. 312-08, File No. 081009, App. 12/19/2008)