San Francisco County Municipal Code Art. 1.5 Display of Life and Property Conservation Decals

Sec. 109.20. Definitions. Sec. 109.21. Display of Life and Property Conservation Decals. Sec. 109.22. Costs of Removal.

(a) The term "life and property conservation decals" as used in this Article shall include, but not be limited to, any and all decals, signs, stickers and other devices designed to be displayed as notice to the public generally or specifically to police, fire, public health and other emergency services by persons occupying residential rental or leased property. (b) The word "landlord" shall mean the person(s) owning, in whole or in part, residential property within the City and County which is held out for rental or lease, and it shall include any and all agents, brokers, managers, employees and other representatives of such person(s). (c) The word "person" shall include, but not be limited to, a natural person, partnership, firm or corporation or any other kind of business or legal entity. (d) The word "tenant" shall include any and all persons lawfully occupying residential property pursuant to a lease or other rental agreement, whether written or oral. (Added by Ord. 464-83, App. 9/16/83)

A person is authorized by the provisions of this Article to display life and property conservation decals on windows, doors and other appropriate parts of residential property in which he or she is a tenant, and it shall be a prohibited practice for any landlord to order or effect the removal of such decals prior to the termination of the tenancy. (Added by Ord. 464-83, App. 9/16/83)

In the event that a landlord incurs expenses in order to remove a life and property conservation decal from residential property after the termination of a tenancy, it shall be considered a repair expense chargeable against the security deposit as set forth in California Civil Code Section 1950.5(b) and (e). (Added by Ord. 464-83, App. 9/16/83) ARTICLE 2:

DISORDERLY CONDUCT Sec. 110. Ball Playing on Public Street Prohibited. Sec. 120-2. Aggressive Solicitation Ban/Substance Abuse and Mental Health Diversion Program. Sec. 121. Loitering Outside Nightclubs Prohibited. Sec. 122. Aggressive Pursuit Prohibited. Sec. 124. Findings. Sec. 124.1. Definitions. Sec. 124.2. Loitering Prohibited. Sec. 124.3. Use of Toilet by More Than One Person Prohibited. Sec. 124.4. Warning Required Prior to Enforcement. Sec. 124.5. Penalties. Sec. 124.6. Severability. Sec. 125. Bribery of Police Officers Prohibited. Sec. 130. Defacement, Etc., of Property in Civic Center Prohibited. Sec. 131. Penalty. Sec. 132. Intoxicating Liquors Prohibited Upon Premises of San Francisco General Hospital. Sec. 133. Penalty. Sec. 136. Flags, Bunting, Etc., Injury to, Prohibited. Sec. 148. Definition of Stadium. Sec. 149. Excluding Intoxicated or Disorderly Patrons. Sec. 153. Urination and Defecation. Sec. 154. Prohibiting Public Nudity. Sec. 157. Crowds to Disperse on Order of Police Officer. Sec. 168. Promotion of Civil Sidewalks. Sec. 169. Promotion of Safe and Open Sidewalks. Sec. 220. Visiting House of Ill Fame for Unlawful Purpose Prohibited. Sec. 221. Knowingly Becoming Inmate of or Contributing to Support of House of Ill Fame Prohibited. Sec. 225. Soliciting Prostitution Prohibited. Sec. 226. Penalty. Sec. 236. Use of Buildings for Prostitution Prohibited. Sec. 240. Unlawful to Offer or Agree to Commit Prostitution, Etc. Sec. 249. Persons Convicted of Certain Crimes Required to Register in the Office of The Chief of Police. Sec. 250. Driving any Motor Vehicle by Persons Convicted of Certain Crimes Prohibited Without First Registering Such Vehicle in the Office of Chief of Police. Sec. 251. Chief of Police to Photograph and Fingerprint Registrant. Sec. 252. Registration Required Within Forty-Eight Hours. Sec. 253. Notice of Change of Residence Required Within Twenty-Four Hours. Sec. 254. False Statements Prohibited. Sec. 255. Penalty for Refusal or Neglect to Comply. Sec. 256. Conviction Defined. Sec. 257. A Conviction Set Aside Not Deemed a Conviction. Sec. 258. Penalty. Sec. 259. State Laws. Sec. 259.1. Registration Files Confidential. Sec. 259.2. Exemption. Sec. 259.3. Notice to Potential Victims of Stalker.

SEC. 110. BALL PLAYING ON PUBLIC STREET PROHIBITED. It shall be unlawful for any person to play at or participate in any game of ball on any public street or highway. (Added by Ord. 1.075, App. 10/11/38)

SEC. 115. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 120. (Added by Ord. 1.075, App. 10/11/38; repealed by Proposition M, 11/4/2003)

HEALTH DIVERSION PROGRAM. (a) Findings. The people of San Francisco find that the problems of aggressive and improper solicitation are among the most difficult and vexing faced by the City and that prior approaches mostly have failed. The people of San Francisco find that aggressive solicitation for money in public and private places threatens residents' and visitors' safety, privacy and quality of life. San Franciscans seek policies that preserve citizens' right to enjoy public spaces free from fear and harassment while protecting the free speech rights of individuals and groups, permitting appropriate and safe commercial activities of street artisans, performers and merchants and providing for the basic needs of indigent and vulnerable populations. Where appropriate, San Franciscans also seek to establish policies and programs that limit the ability of indigent and homeless substance abusers to use cash contributions for the purchase of alcohol and illegal drugs. The people of San Francisco find that the City's existing laws regulating panhandling and solicitation are outdated and unenforceable as a result of numerous court decisions and criminalize violators instead of diverting them to screening and assessment for eligibility in drug and alcohol dependency and mental health treatment programs. The people of San Francisco find that people who aggressively or improperly solicit because of drug or alcohol dependency or mental illness should be diverted from the criminal court system to a program of screening, assessment and referral operated by the San Francisco Department of Public Health. (b) Goals. This section: (1) replaces prior bans on panhandling, restrictions on aggressive solicitation, and solicitation near automatic teller machines (ATMs) rendered unenforceable by court rulings with a new aggressive solicitation prohibition; (2) establishes new specific prohibitions on solicitation near ATM machines, near residential property, in parking lots, on median strips and near freeway offramps and on the Municipal Railway and the BART system; (3) establishes a requirement that, as appropriate, violators of this ordinance be diverted from the criminal justice system to a screening and assessment program to identify candidates for alcohol and drug dependency treatment and mental health services administered by the Department of Public Health in order to clear their citations. (c) Definitions. For purposes of this section: 1. "Aggressive manner" shall mean: A. Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value; B. Continuing to solicit from a person after the person has given a negative response to such soliciting; C. Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting; D. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; E. Using violent or threatening gestures toward a person solicited; or, F. Following the person being solicited, with the intent of asking that person for money or other things of value. 2. "Soliciting" shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. 3. "Public place" shall mean a place where a governmental entity has title, to which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground. 4. "Check cashing business" shall mean any person duly licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to Section 1789.31 of the California Civil Code. 5. "Automated teller machine" shall mean a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.

6. "Automated teller machine facility" shall mean the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers after regular banking hours. (d) Prohibited acts.
   1. No person shall solicit in an aggressive manner in any public place.
   2. No person shall solicit within twenty feet of any entrance or exit of any check cashing business or within twenty feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility.
   3. No person shall solicit an operator or other occupant of a motor vehicle while such vehicle is located on any street or highway on- ramp or off-ramp, for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting donations or the sale of goods or services. Provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle.
   4. No person shall solicit in any public transportation vehicle, or in any public or private parking lot or structure.
   5. Before any law enforcement officer may cite or arrest a person under this ordinance, the officer must warn the person that his or her conduct is in violation of this ordinance and must give the person an opportunity to comply with the provisions of this ordinance. (e) Penalties. Any person violating any provision of this section shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator shall be punished by a fine not to exceed $50, or by attending a screening, assessment and diversion program designed and administered by the Department of Public Health and approved by the San Francisco Public Health Commission to identify candidates for drug and alcohol dependency counseling and treatment and mental health services. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $50 or more than $100, and/or by attending a screening, assessment and diversion program designed and administered by the Department of Public Health and approved by the San Francisco Public Health Commission to identify candidates for drug and alcohol dependency counseling and treatment and mental health services. Any person guilty of violating this ordinance three or more times in a twelve month period shall be guilty of a misdemeanor and shall be fined not less than $300 or more than $500, and/or referred to a screening, assessment and diversion program designed and administered by the Department of Public Health and approved by the San Francisco Public Health Commission to identify candidates for drug and alcohol dependency counseling and treatment and mental health services, and/or referred to a community service assignment, or imprisoned in the county jail for a period no longer than three months. (f) Diversion Program. The Director of Public Health shall establish, administer and/or certify the assessment and screening programs set forth in subsection (e) of this section and shall establish guidelines for determining whether and under what circumstances violators may be eligible to participate in diversion programs. In addition, the Department of Public Health shall establish, administer and/or certify diversion programs appropriate for treatment of violators, and shall establish guidelines for determining whether the conditions of diversion have been satisfied. All rules and guidelines governing the diversion program shall be established by the Director of Public Health subject to the approval of the San Francisco Health Commission not later than six months after the Board of Supervisors has declared the results of the election at which this measure is passed. Individuals who are referred for treatment but fail to participate in such treatment shall be subject to the other penalties set forth in subsection (e) of this section. (g) Effective Date. This law shall become effective six months after the Board of Supervisors has declared the results of the election at which this measure is passed. (h) Severability. If any section, sentence, clause, or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. (Added by Proposition M, 11/4/2003) SEC. 121. LOITERING OUTSIDE NIGHTCLUBS PROHIBITED. (a) Findings. The Board of Supervisors of the City and County of San Francisco finds that persons who loiter outside a nightclub when an event is in progress imperil the public's safety and welfare. The areas outside nightclubs have become the site of robberies, assaults, and battery. In addition, the Board finds that persons attending nightclubs have become intimidated and fearful for their safety because of the presence of persons loitering outside the clubs. Prohibiting loitering outside nightclubs will assist police and club security staff in protecting club patrons and may decrease the incidence of crimes of violence directed at club patrons by providing law enforcement officers with an additional crime-fighting tool that does not infringe on any person's basic rights. (b) Prohibition. In the City and County of San Francisco, it shall be unlawful for any person to loiter outside any nightclub between the hours of 9 p.m. and 3 a.m. when the nightclub is open for business. (c) Definitions. (1) For the purpose of this ordinance, unless a p

orcement officers with an additional crime-fighting tool that does not infringe on any person's basic rights. (b) Prohibition. In the City and County of San Francisco, it shall be unlawful for any person to loiter outside any nightclub between the hours of 9 p.m. and 3 a.m. when the nightclub is open for business. (c) Definitions. (1) For the purpose of this ordinance, unless a person is engaged in an activity described in Subsection (d), a person loiters outside a nightclub when the person remains as a pedestrian for a period of over three (3) minutes within ten (10) feet from the entrance to the nightclub or within ten (10) feet from any point on any lines formed at the entrance to a nightclub. (2) For the purposes of this ordinance, a nightclub is a Place of Entertainment as defined in Police Code Section 1060.

(d) Application. This ordinance is not intended to prohibit any person from engaging in any lawful activity that must be conducted within ten (10) feet from the entrance to a nightclub or ten (10) feet from any point at any lines formed at the entrance to a nightclub such as (1) waiting in line to enter a nightclub, (2) being present in a smoking area designated by the club outside the club for patrons, or (3) waiting for a bus at a bus stop or waiting in line to enter a theater or other business. Lawful activity does not include any activity that can be conducted more than ten (10) feet from the entrance to the nightclub or more than ten (10) feet from any point on any lines formed at the entrance to a nightclub. (e) Warning. Before any law enforcement officer may cite or arrest a person under this ordinance, the law enforcement officer or personnel working for the nightclub must warn the person that his or her conduct is in violation of this ordinance and must give the person an opportunity to comply with the provisions of this ordinance. (f) Penalties. (1) First Conviction. Any person violating any provision of this Section shall be guilty of an infraction. Upon conviction, the violator shall be punished by a fine of not less than $50 or more than $100, and/or community service, for each provision violated. (2) Subsequent Convictions. In any accusatory pleading charging a violation of this Section, if the defendant has been previously convicted of a violation of this Section, each such previous violation and conviction shall be charged in the accusatory pleading. Any person violating any provision of this Section a second time within a thirty (30)-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 or more than $500, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Any person violating any provision of this Section a third time, and each subsequent time, within a thirty (30) day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $400 and not more than $500, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. (g) 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 86-09, File No. 080322, App. 5/20/2009) (Former Sec. 121 added by Proposition J, 6/7/94; repealed by Proposition M, 11/4/2003) SEC. 122. AGGRESSIVE PURSUIT PROHIBITED. (a) It shall be unlawful for any person to engage in aggressive pursuit of another. (b) For purposes of this Section, "aggressive pursuit" shall mean the wilful, malicious or repeated following or harassment of another person, including, but not limited to, wilful or malicious communications by telephone, modem, facsimile or mail with the intent to cause annoyance, intimidation or fear on the part of the person being pursued. (c) Any person violating this Section shall be guilty of aggressive pursuit, and upon conviction thereof, shall be subject to a fine of not more than $500, or by imprisonment in the County Jail for a term not to exceed six months, or by both such fine and imprisonment. (d) Any person who shall violate Section 122 on a Municipal Transportation Agency transit platform or vehicle or within 25 feet of a bus zone 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 not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment. For purposes of this Section, "a Municipal Transportation Agency transit platform" shall include, but not be limited to: an outdoor high- level boarding platform, a street-level boarding island, paid areas of any public transit station (including stations operated by the Bay Area Transit District), and MTA pole stops. "A Municipal Transportation Agency transit vehicle" shall include, but not be limited to: a street car, a cable car, a motor coach, a trolley coach, or other in-service public transit vehicle. (e) In the event that the, Juvenile Court sustains a petition against a minor for conduct violating this Section (or the minor otherwise admits or submits to the petition), the Board of Supervisors urges the Court to favor community service and an in-home or other "non- custodial" placement in disposing of the case. (Added by Ord. 90-94, App. 2/25/94; Ord. 227-10, File No. 100879, App. 8/17/2010) SEC. 123. RESERVED. (Added by Ord. 90-94, App. 2/25/94; Renumbered by Ord. 227-10, File No. 100879, App. 8/17/2010) SEC. 124. FINDINGS. The People of the City and County of San Francisco find that persons who loiter or linger at or near automatic public toilets imperil the public's safety and welfare. Some of the automatic public toilets are being used as a place of narcotics sales and use, and for disposal of hypodermic needles. In addition, the People find that persons making legitimate use of automatic public toilets have become intimidated and

fearful for their safety because of the presence of persons loitering in or near the toilets and leaving drug paraphernalia in and around the toilets, preventing persons with legitimate need for the toilets from using the toilets. Limiting the number of persons who may use an automatic public toilet at any one time and prohibiting loitering or lingering at or near such toilets may decrease the incidence of these crimes by providing law enforcement officers with an additional crime fighting tool that does not infringe on any person's basic rights. No state law addresses this type of behavior or protects the public from these problems. (Added by Ord. 215, File No. 011410, App. 11/2/2001)

(1) For the purpose of this ordinance, a person loiters or lingers at or near an automatic public toilet when the person remains within 10 feet of such a toilet for a period of over two minutes without lawful business. (2) For the purpose of this ordinance, an automatic public toilet is a single-user toilet located on a public sidewalk or other public property. Automatic public toilets include what are commonly referred to as Decaux toilets. (Added by Ord. 215, File No. 011410, App. 11/2/2001)

It shall be unlawful for any person to loiter or linger at or near any automatic public toilet in the City and County of San Francisco. This Section is not intended to prohibit any person from engaging in any lawful business that must be conducted within ten feet of an automatic public toilet, such as (1) using an automatic public toilet; (2) waiting in line to use an automatic public toilet; (3) accompanying or assisting another person who is using an automatic public toilet; or (4) activities such as waiting for a bus at a bus stop or waiting in line to enter a theater or other business where the bus stop or line is within 10 feet of an automatic public toilet. Lawful business does not include any activity that can be conducted more than 10 feet from a public toilet. (Added by Ord. 215, File No. 011410, App. 11/2/2001)

It shall be unlawful for more than one person over the age of thirteen (13) years old to enter or remain in an automatic public toilet at one time, unless the person using the automatic public toilet has a disability that causes the person to require assistance, in which case the person's assistants may enter and remain in an automatic public toilet with the disabled person. The Department of Public Works shall post signs on all automatic public toilets notifying users of the restrictions set forth in this Section. (Added by Ord. 215, File No. 011410, App. 11/2/2001)

Before any law enforcement officer may cite or arrest a person under Sections 124.2 of this ordinance, the officer must warn the person that his or her conduct is in violation of this ordinance and must give the person an opportunity to comply with the provisions of this ordinance. (Added by Ord. 215, File No. 011410, App. 11/2/2001)

(1) First Conviction. Any person violating any provision of this ordinance shall be guilty of an infraction. Upon conviction, the violator shall be punished by a fine of not less than $50 or more than $100, and/or community service, for each provision violated. (2) Subsequent Convictions. In any accusatory pleading charging a violation of Section 124.2 or 124.3, if the defendant has been previously convicted of a violation of such Sections, each such previous violation and conviction shall be charged in the accusatory pleading.

Any person violating any provision of such Sections a second time within a 30-day period shall be guilty of an infraction and shall be punished by a fine of not less than $300 or more than $500, and/or community service, for each provision violated. Any person violating any provision of such Sections a third time, and each subsequent time, within a 30-day period shall be guilty of an infraction and shall be punished by a fine of not less than $400 and not more than $500, and/or community service, for each provision violated. (Added by Ord. 215, File No. 011410, App. 11/2/2001)

If any subsection, sentence, clause, phrase, or word of this ordinance 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 ordinance or any part thereof. The People hereby declare that they would have adopted this ordinance notwithstanding the unconstitutionality, invalidity or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words. (Added by Ord. 215, File No. 011410, App. 11/2/2001) SEC. 125. BRIBERY OF POLICE OFFICERS PROHIBITED. It shall be unlawful for any person to give or offer or promise to give any police officer, or for any police officer to solicit or accept from any person any bribe or reward as a consideration for permitting the violation of any ordinance of this city and county, or as a consideration for not arresting any person who has violated any such ordinance. (Added by Ord. 1.075, App. 10/11/38) SEC. 130. DEFACEMENT, ETC., OF PROPERTY IN CIVIC CENTER PROHIBITED. It shall be unlawful for any person to deface, mar, scratch, or in any way injure the walls, columns, balustrades, railings or ornaments of the City Hall, Auditorium, Library or other building composing the Civic Center, or to deposit rubbish on, or deface or injure in any manner the grounds of the Civic Center, or to mutilate any of the trees or structures therein. (Added by Ord. 1.075, App. 10/11/38) SEC. 131. PENALTY. Any person violating any of the provisions of Section 130 of this Article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not more than $50, or by imprisonment in the County Jail for a period of not more than 50 days, or by both such fine and imprisonment. (Added by Ord. 1.075, App. 10/11/38) SEC. 132. INTOXICATING LIQUORS PROHIBITED UPON PREMISES OF SAN FRANCISCO GENERAL HOSPITAL. It shall be unlawful for any person to take, transport, possess or consume any malt, vinous or intoxicating liquors upon the premises of the San Francisco General Hospital without permission of the Superintendent in charge or of the Director of Public Health. (Added by Ord. 563-58, App. 10/22/58) SEC. 133. PENALTY.

Any person who shall violate any of the provisions of Section 132 of this Article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not to exceed $500, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. (Added by Ord. 563-58, App. 10/22/58) SEC. 136. FLAGS, BUNTING, ETC., INJURY TO, PROHIBITED. It shall be unlawful for any person to destroy, mutilate or otherwise injure or deface any flag, bunting, paraphernalia or other property of the City and County used for decorative purposes upon the streets or buildings within the City and County, or to remove the same without the permission of the department controlling such property. (Added by Ord. 1.075, App. 10/11/38) SEC. 141. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 142. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 147. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 148. DEFINITION OF STADIUM. For purposes of this article, a stadium is defined as a location enclosed by a building, structure, or fence designed to hold more than 25,000 patrons and designed for the exhibition of an athletic event, whether on private or public property, except property under the control of the Recreation and Park Department. (Added by Ord. 54-00, File No. 000475, App. 3/31/2000) SEC. 149. EXCLUDING INTOXICATED OR DISORDERLY PATRONS. Members of the San Francisco Police Department are authorized to order persons to stay out of, or to leave, any stadium when such officers have reasonable cause to conclude that the person so excluded: (a) Is using any drug, or any "controlled substance" as that term is defined and described in the California Health and Safety Code; (b) Is under the influence of intoxicating liquor, any drug, or any "controlled substance" as that term is defined and described in the California Health and Safety Code, or any combination of any intoxicating liquor, drug, or controlled substance, and is in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others or interferes with or obstructs or prevents the use of the stadium by other patrons; (c) Is doing any act injurious to the stadium's structure, signage or facility; (d) Throws any potentially dangerous object; (e) Possesses any firearm or other object used primarily as a weapon; (f) Climbs or jumps from any wall, fence or structure; (g) Gains admittance without paying; (h) Disobeys any rule or regulation governing such stadium after being warned not to do so by a police officer or employee of the stadium owner or tenant, if the officer or employee has reasonable cause to conclude that such behavior damages or risks damage to property or injures or risks injury to any person or interferes with the use and enjoyment of such area or facility by other persons; or (i) Behaves in so noisy, boisterous or rowdy a manner as to disturb spectators or participants at any event at the stadium. (Added by Ord. 54-00, File No. 000475, App. 3/31/2000) SEC. 152.

(Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 153. URINATION AND DEFECATION. (a) It shall be unlawful for any person to deposit or cause to be deposited any human urine or feces upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public property other than property designated or set aside for that purpose. (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 which shall be not less than $50 nor more than $500. (c) The Department of Public Works shall work with other City Departments to post and update on the City's website a list of the locations and hours of operation of all available City-operated restroom facilities. (d) Exemption. Persons who violate this ordinance due to verified medical conditions shall be exempt from the enforcement provisions of this ordinance. (Added by Ord. 160-02, File No. 020293, App. 7/19/2002) SEC. 154. PROHIBITING PUBLIC NUDITY. (a) The Board of Supervisors finds that a person's public exposure of his or her private parts (1) invades the privacy of members of the public who are unwillingly or unexpectedly exposed to such conduct and unreasonably interferes with the rights of all persons to use and enjoy the public streets, sidewalks, street medians, parklets, plazas, public rights-of-way, transit vehicles, stations, platforms, and transit system stops, (2) creates a public safety hazard by creating distractions, obstructions, and crowds that interfere with the safety and free flow of pedestrian and vehicular traffic, and (3) discourages members of the public from visiting or living in areas where such conduct occurs. The Board of Supervisors has enacted the provisions of this Section 154 for the purpose of securing and promoting the public health, safety, and general welfare of all persons in the City and County of San Francisco. (b) A person may not expose his or her genitals, perineum, or anal region on any public street, sidewalk, street median, parklet, plaza, or public right-of-way as defined in Section 2.4.4(t) of the Public Works Code, or in any transit vehicle, station, platform, or stop of any government operated transit system in the City and County of San Francisco. (c) The provisions of this chapter shall not apply to (1) any person under the age of five years or (2) any permitted parade, fair, or festival held under a City or other government issued permit. Notwithstanding this exemption, all persons participating in or attending permitted parades, fairs or festivals shall comply with Section 1071.1(b)(2) of the San Francisco Police Code. (d) Any person who violates this Section 154 shall be guilty of an infraction and upon conviction thereof such person shall be punished by a fine not to exceed one hundred dollars ($100) for a first violation, and not to exceed two hundred dollars ($200) for a second violation within twelve months of the first violation. (e) Upon the third or subsequent conviction under this Section 154 with in twelve months of the first violation, such person shall be guilty of an infraction or a misdemeanor. The complaint charging such violation shall specify whether, in the discretion of the District Attorney, the violation is an infraction or a misdemeanor. If charged as an infraction, upon conviction, the violator shall be punished by a fine not to exceed $500. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for a period not to exceed one year or by both such fine and imprisonment. (f) This Section shall not supersede or otherwise affect existing laws regulating nudity under the San Francisco Municipal Code, including but not limited to the Park Code, Police Code, and Port Code. But in the event of a conflict between this Section 154 and Police Code 1071.1(b)(2), this Section 154 shall prevail. (g) A violation of this Section does not require lewd or sexually motivated conduct as required under the indecent exposure provisions of California Penal Code Section 314 or for purposes of California Penal Code Section 290(c). (h) Severability. 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. 234-12 , File No. 120984, App. 12/6/2012, Eff. 1/5/2013, Oper. 2/1/13) Editor's Note: See also the following provisions of the San Francisco Municipal Code: Prohibiting Nude Performers, Waiters and Waitresses – Police Code Art. 15.3; Nude Models in Public Photography Studios – Police Code Art. 15.5; Disorderly Conduct (Relating to Nudity) – Park Code Sec. 4.01(h); Port Code Sec. 3.1(h). SEC. 157. CROWDS TO DISPERSE ON ORDER OF POLICE OFFICER. Whenever the free passage of any street or sidewalk shall be obstructed by a crowd, except on occasion of public meeting, the persons composing such crowd shall disperse or move on when directed so to do by any police officer. (Added by Ord. 1.075, App. 10/11/38) SEC. 162. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 163. [RESERVED.] (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017) SEC. 168. PROMOTION OF CIVIL SIDEWALKS. (a) Findings. San Francisco is a dense, urban environment where everyone must use the public sidewalk for travel. The people of San Francisco find that maintaining pedestrian and authorized commercial activity on public sidewalks is essential to public safety, thriving neighborhoods and a vital economy in the City. The people of the City and County of San Francisco find that sitting or lying down is not the customary use of the public sidewalks. The need to maintain pedestrian and commercial traffic is greatest during the hours of operation of businesses, shops, restaurants, and other City commercial enterprises when public sidewalks are congested, and when City residents are most likely to use their neighborhood sidewalks. Persons who sit or lie down on public sidewalks during business hours threaten the safety of pedestrians, especially the elderly, disabled, vision-impaired, and children. Persons who sit or lie down also deter residents and visitors from patronizing local shops, restaurants and businesses, and deter people from using the sidewalks in their neighborhoods. San Franciscans seek policies that preserve the right to enjoy public space and traverse freely, while protecting the free-speech rights of individuals and groups, as well as other safe activity consistent with City permitting requirements. Business areas and neighborhoods become dangerous to pedestrian safety and economic vitality when individuals block the public sidewalks. This behavior causes a cycle of decline as residents and tourists go elsewhere to walk, meet, shop and dine, and residents become intimidated from using the public sidewalks in their own neighborhoods. Because lying down or sitting is an incompatible use of the sidewalk in residential and commercial areas, and in order to prevent displacement of violators from one district or neighborhood to another, the prohibition applies Citywide. The prohibition against sitting or lying down on sidewalks leaves intact the individual's right to speak, protest or engage in other lawful activity on any sidewalk consistent with any City permitting requirements. The prohibition applies only to public sidewalks. There are a number of places where the restrictions of this ordinance do not apply, including private property, beaches, plazas, public parks, public benches, and other common areas open to the public. The prohibition contains exceptions for medical emergencies, those in wheelchairs, and permitted activities, among others. The people of San Francisco acknowledge that there are myriad reasons why one might sit or lie down on a public sidewalk. The City has offered and offers services to those engaged in sitting or lying down on the sidewalk who appear to be in need, or to those who request service assistance, but the offers are refused in many cases or people continue the conduct despite the provision of services. The City will continue to invest in services for those in need and make efforts to maintain and improve safety on public sidewalks for everyone. In order to provide an opportunity for law enforcement officers to engage people, and to offer to refer to an appropriate entity if the person asks, or if the officer has reason to believe that such a referral would be beneficial, a peace officer may not issue a citation without first warning a person that sitting or lying down is unlawful. Present laws that prohibit the intentional, willful or malicious obstruction of pedestrians do not adequately address the safety hazards, disruption and deterrence to pedestrian traffic caused by persons sitting or lying on sidewalks. (b) Prohibition. In the City and County of San Francisco, during the hours between seven (7:00) a.m. and eleven (11:00) p.m., it is unlawful to sit or lie down upon a public sidewalk, or any object placed upon a public sidewalk. (c) Exceptions. The prohibitions in Subsection (b) shall not apply to any person:

1. Sitting or lying down on a public sidewalk due to a medical emergency;
   2. Using a wheelchair, walker, or similar device as the result of a disability;
   3. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a sidewalk use permit;
   4. Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to and in compliance with a street use or other applicable permit;
   5. Sitting on a fixed chair or bench located on the public sidewalk supplied by a public agency or by the abutting private property owner;
   6. Sitting in line for goods or services unless the person or person's possessions impede the ability of pedestrians to travel along the length of the sidewalk or enter a doorway or other entrance alongside the sidewalk;
   7. Who is a child seated in a stroller; or
   8. Who is in an area designated as a Pavement to Parks project. (d) Warning. No person shall be cited under this Section unless the person engages in conduct prohibited by this Section after having been notified by a peace officer that the conduct violates this Section. (e) Other laws and orders. Nothing in any of the exceptions listed in Subsection (c) shall be construed to permit any conduct which is prohibited by Police Code Sections 22-24, which prohibit willfully and substantially obstructing the free passage of any person. (f) Penalties.
   9. First Offense. Any person violating any provision of this Section shall be guilty of an infraction. Upon conviction, the violator shall be punished by a fine of not less than $50 or more than $100 and/or community service, for each provision violated.
   10. Subsequent Offenses. Any person violating any provision of this Section within 24 hours after violating and being cited for a violation of this Section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $500, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than ten (10) days, or by both such fine and imprisonment. Any person violating any provision of this Section within 120 days after the date of conviction of a violation this Section shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $400 and not more than $500, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than thirty (30) days, or by both such fine and imprisonment. (g) Reporting. One year after the effective date of this ordinance, and every two years thereafter, the Police Department shall make a written report to the Mayor and the Board of Supervisors that evaluates the effectiveness of enforcement of this ordinance on the City's neighborhoods. (h) Outreach. The City shall maintain a neighborhood outreach plan to provide the social services needed by those who chronically sit or lie down on a public sidewalk. The plan will include, but not be limited to, health care and social service capacity, evaluation of service delivery and identification of areas for improved service delivery. (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 Prop. L, App. 11/2/2010) SEC. 169. PROMOTION OF SAFE AND OPEN SIDEWALKS. (a) Findings. (1) Homeless encampments such as tents on our sidewalks and in our neighborhoods persist and have become a major problem in the City. These encampments are unsafe and unhealthy for the people living in them, and they make our neighborhoods less safe and less healthy for families, residents, and visitors to the City. The City already prohibits encampments in public parks. (2) San Francisco is a compassionate city and must do everything possible to transition people experiencing homelessness to stable and successful permanent housing by providing services and low-barrier-to-entry shelters. But prolonging encampments in our neighborhoods does not help homeless individuals, nor does it make our neighborhoods safer. In one of the world’s most prosperous countries and one of its most affluent cities, no one should be forced by circumstances to sleep on the streets. (3) Maintaining accessible sidewalks for everyone is an important public safety objective. No one, especially people in wheelchairs or with strollers or walkers or sight impairments, should be forced to travel in the street due to a blocked sidewalk. Further, sidewalks blocked by encampments can obstruct fire and police personnel responding to emergencies. Encampments also often exhibit the presence of syringes, feces, urine, and uncontained food, all of which present public health risks and can become vectors for disease, illness, and rodents. (4) San Francisco is a dense urban environment where multitudes of people use public sidewalks for travel. Maintaining pedestrian and authorized commercial activity on public sidewalks is essential to public safety, thriving neighborhoods, and a vital local economy. (5) The placement of tents and other structures used for habitation on the sidewalk is not a customary or traditional use of this important

public space. (6) Because the placement of tents and other structures used for habitation on public sidewalks is an incompatible use of the sidewalk in residential, commercial, and industrial areas, and to prevent displacement of sidewalk encampments from one district or neighborhood to another, the prohibition in subsection (c) applies citywide. (b) Definitions. For purposes of this Section 169: (1) “Encampment” shall mean a tent or any structure consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down; (2) “Homeless Services” shall mean the Human Services Agency’s Homeward Bound program, or another program offering similar services whereby the City pays for the transportation of homeless individuals living in the City to a destination outside the City if the City can verify with friends or family of the individual that the individual will have a place to stay and ongoing support at the destination; (3) “Housing” shall mean placement in a Navigation Center or another housing option provided by the City; (4) “Personal Property” shall mean any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication; (5) “Shelter” shall mean temporary shelter or another shelter option provided by the City; and (6) “Sidewalk” shall mean the area between the fronting property line and the back of the nearest curb. (c) Prohibition. In the City and County of San Francisco, it is unlawful to place an Encampment upon a public sidewalk. This prohibition shall not apply to the placement of an Encampment on a public sidewalk pursuant to and in compliance with a street use permit or other applicable permit. (d) Offer of Housing, Shelter and Homeless Services. Prior to ordering a person to remove an Encampment or prior to removing the Encampment, the City officer or employee enforcing subsection (c) shall offer Housing or Shelter to all residents of the Encampment who are present. The City officer or employee shall also offer Homeless Services to residents of the Encampment who are present. The offer of Housing or Shelter and Homeless Services shall also be made through the notice required by subsection (f). The City shall not enforce the prohibition of subsection (c) unless there is available Housing or Shelter for the person or persons residing in the Encampment. (e) Enforcement. The prohibition of subsection (c) may be enforced by: (1) the Department of Public Health, (2) the Department of Public Works, and (3) the Department of Homelessness and Supportive Housing, if such department exists, or if it does not exist, a department the focus of which is the provision of housing and services to homeless persons. The Department of Homelessness and Supportive Housing may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this Section 169 and may create any additional procedures consistent with this Section 169 necessary or appropriate to protect the property rights of individuals whose property is seized pursuant to this Section 169. If the Department of Homelessness and Supportive Housing does not exist, the City Administrator, or a department designated by the City Administrator, may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this Section 169 and may create any additional procedures consistent with this Section 169 necessary or appropriate to protect the property rights of individuals whose property is seized pursuant to this Section 169. (f) Notices. The City shall remove Encampments in accordance with the following requirements: (1) Notice of Intent to Remove Encampment. The City shall provide residents of the Encampment notice of the City’s intent to remove the Encampment 24 hours in advance of any action to remove the Encampment. Notice shall be in writing and shall be served personally on the resident or residents of the Encampment present when the City official or employee enforcing the prohibition of subsection (c) attempts to serve notice. In addition, the City official or employee shall post the notice on or near the Encampment, so as reasonably to communicate the notice to persons living at the Encampment but not present during the attempt to serve notice. The notice shall contain the following information: (A) the location of the Encampment; (B) the date and time notice was served or posted; (C) a statement that the Encampment violates Section 169(c); (D) an advisement that the City will remove the Encampment 24 hours after the date and time of the notice; (E) an advisement that there is Housing or Shelter and Homeless Services available for residents of the Encampment and the phone number and address to contact in order to obtain the Housing or Shelter and Homeless Services; (F) an advisement that any Personal Property remaining at the Encampment site when the City returns to remove the Encampment will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and (G) the address, phone number, and operating hours of the location where the Personal Property will be stored and may be retrieved and that the City will charge no fee for storage or retrieval. (2) Notice Regarding Personal Property Seized When Encampment Removed. When the City removes an Encampment, a written notice shall be given to any residents of the Encampment present and conspicuously posted in the area from which the Encampment was removed. The notice shall contain the following information:

ay be retrieved and that the City will charge no fee for storage or retrieval. (2) Notice Regarding Personal Property Seized When Encampment Removed. When the City removes an Encampment, a written notice shall be given to any residents of the Encampment present and conspicuously posted in the area from which the Encampment was removed. The notice shall contain the following information: (A) the location of the Encampment being removed; (B) a statement that the Encampment violated Section 169(c);

(C) a general description of any Personal Property removed; (D) the date and time the Personal Property was removed; (E) an advisement that the Personal Property will be stored for at least 90 days, and the address, phone number, and operating hours of the location where the Personal Property is being stored and may be retrieved and that the City will charge no fee for storage or retrieval; and (F) an advisement that if the Personal Property is not retrieved within 90 days, it will be discarded. (g) Personal Property. A person residing in an Encampment who is present at the time the City is removing the Encampment may retain his or her Personal Property except that items constituting an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband may be seized, as permissible by law. Any Personal Property seized by the City pursuant to the enforcement of subsection (c) shall be stored by the Department of Public Works or another City entity for no less than 90 days, with the following exceptions: (1) Items that present a health or safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and food, need not be stored and may be discarded; and (2) Items that constitute evidence of a crime or contraband may be seized and discarded, as permissible by law. (h) Other laws and orders. Nothing in this Section 169 shall be construed to permit any conduct prohibited by or limit the City’s authority to enforce any other State or City law, including but not limited to: (1) Police Code Sections 22-24, which prohibit willfully and substantially obstructing the free passage of any person; (2) Police Code Section 168, which prohibits sitting or lying on the sidewalk during certain hours; and (3) Section 581 of the Health Code, which prohibits public health nuisances. (i) Undertaking for the General Welfare. In enacting and implementing this Section 169, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on 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. (j) Severability. If any subsection, sentence, clause, phrase, or word of this Section 169, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Section. The People of the City and County of San Francisco hereby declare that they would have adopted this Section 169 and each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Section or application thereof would be subsequently declared invalid or unconstitutional. (k) Amendment or Repeal. This Section 169 may be amended or repealed by a vote of the People at a City election. This Section may also be amended by ordinance passed by a two-thirds’ vote of the Board of Supervisors and signed by the Mayor so long as such amendments are consistent with and further the intent of this Section. (Added by Proposition Q, 11/8/2016) (Former Sec. 169 added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 170. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 171. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 176. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 177. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 182. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 183. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 193. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 194. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 199. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 205. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 210. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 215. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 220. VISITING HOUSE OF ILL FAME FOR UNLAWFUL PURPOSE PROHIBITED. It shall be unlawful for any person to resort to or visit any disorderly house or house of ill fame for the purpose of engaging in or observing any lewd, indecent or obscene act or conduct. (Amended by Ord. 60-58, App. 2/5/58)

SEC. 221. KNOWINGLY BECOMING INMATE OF OR CONTRIBUTING TO SUPPORT OF HOUSE OF ILL FAME PROHIBITED. It shall be unlawful for any person knowingly to become an inmate of, or contribute to the support of, any disorderly house or house of ill fame. (Added by Ord. 60-58, App. 2/5/58) SEC. 225. SOLICITING PROSTITUTION PROHIBITED. It shall be unlawful for any person on any public street or highway or elsewhere, to solicit, by word, act, gesture, knock, sign or otherwise, any person for the purpose of prostitution. (Added by Ord. 1.075, App. 10/11/38) SEC. 226. PENALTY. Any person violating the provisions of Section 225 of this Article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $100, or by imprisonment for not more than 50 days, or by both such fine and imprisonment. (Added by Ord. 1.075, App. 10/11/38) Sec. 231. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 236. USE OF BUILDINGS FOR PROSTITUTION PROHIBITED. It shall be unlawful for any person, company or corporation owning or acting as agent for the owner of any building to suffer or permit said building or any portion thereof to be rented, leased, occupied or used for the purposes of prostitution. (Added by Ord. 1.075, App. 10/11/38) SEC. 240. UNLAWFUL TO OFFER OR AGREE TO COMMIT PROSTITUTION, ETC. Every person is guilty of a misdemeanor who: (a) Offers or agrees to commit any lewd or indecent act or any act of prostitution; or (b) Offers to secure another for the purpose of committing any act of prostitution, fornication, assignation or for any other lewd or indecent act with any other person; or (c) Is in or near any thoroughfare or public place for the purpose of inducing, enticing or procuring another to commit an act of lewdness, fornication or unlawful sexual intercourse; or (d) Knowingly transports any person to any place for the purpose of committing any lewd or indecent act or any act of prostitution; or (e) Knowingly receives, offers or agrees to receive any person into any place or building for the purpose of assignation or of performing any act of lewdness or fornication, or knowingly permits any person to remain there for any such purposes; or (f) Directs any person to any place for the purpose of committing any lewd or indecent act or any act of prostitution or fornication; or (g) In any way aids or abets or participates in the doing of any of the acts prohibited by subdivisions (a) to (f), inclusive, of this Section. (Added by Ord. 4428, Series of 1939, App. 5/12/47)

Sec. 241. (Added by Ord. 6094, Series of 1939, App. 6/23/50; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) Sec. 242. (Added by Ord. 6094, Series of 1939, App. 6/23/50; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) Sec. 243. (Added by Ord. 6094, Series of 1939, App. 6/23/50; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) Sec. 244. (Added by Ord. 6094, Series of 1939, App. 6/23/50; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) Sec. 245. (Added by Ord. 6094, Series of 1939, App. 6/23/50; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) Sec. 246. (Added by Ord. 6094, Series of 1939, App. 6/23/50; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) Sec. 247. (Added by Ord. 6094, Series of 1939, App. 6/23/50; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) Sec. 248. (Added by Ord. 6094, Series of 1939, App. 6/23/50; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 249. PERSONS CONVICTED OF CERTAIN CRIMES REQUIRED TO REGISTER IN THE OFFICE OF THE CHIEF OF POLICE. Every person who subsequent to July 1, 1944, has been or hereafter is convicted of a crime in the State of California under the provisions of one or more of the following Sections of the Penal Code of California, to-wit, Sections 265, 274, or Subdivision 2 of Section 261, or Subdivisions 3 or 5 of Section 311, or who has, subsequent to July 1, 1944, or is hereafter convicted of, in the State of California, or elsewhere, any attempt or conspiracy to commit any offense described or referred to in this Section; or who has been or who subsequently is convicted of any offense, attempts included, in any other place than the State of California subsequent to July 1, 1944, which offense if committed in the State of California would have been punishable under one or more of the above mentioned Sections and comes into the City and County of San Francisco from any point outside of such City and County, whether in transit through said City and County, or otherwise, shall report to the Chief of Police within 48 hours after his arrival within the boundaries of said City and County, and shall furnish to the Chief of Police in a written statement signed by such person, the true name of such person and each and every other name or alias by which such person is or has been known, a full and complete description of himself, the name of each crime hereinabove in this Section enumerated of which he shall have been convicted, together with the name of the place where each such crime was committed, and the name under which he was convicted, and the date of the conviction thereof; the name, if any, and the location of each prison, reformatory or other penal institution in which he shall have been confined as punishment therefor, together with the location or address of his residence, stopping place or living quarters in this City and County; and each one thereof, if any, or the addresses or location of his intended residence, stopping place or living quarters therein and each one thereof, with the description of the character of each such place, whether a hotel, apartment house, dwelling house, or otherwise, giving the street number thereof, if any, or such description of the address or location thereof as will so identify the same as to make it possible of location, and the length of time for which he expects or intends to reside within the territorial boundaries of this City and County. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 250. DRIVING ANY MOTOR VEHICLE BY PERSONS CONVICTED OF CERTAIN CRIMES PROHIBITED WITHOUT FIRST REGISTERING SUCH VEHICLE IN THE OFFICE OF CHIEF OF POLICE. At the time of furnishing the information required by Sections 249 to 259.2 of this Article, such person and every person required to register pursuant to Section 290 to the Penal Code, shall also furnish information on any or all motor vehicles owned or operated by him, to- wit: make, body type, year of manufacture, motor number, license number, color of vehicle and other distinguishing features. Such person also shall report to the Chief of Police any repair work, painting, or other alterations changing the general appearance of the motor vehicle

made after it has been registered, within 48 hours after such alteration. Such a person shall not drive any motor vehicle on which the above information has not been filed with the Chief of Police. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 251. CHIEF OF POLICE TO PHOTOGRAPH AND FINGERPRINT REGISTRANT. At the time of furnishing the information required by Sections 249 to 259.2 of this Article, the said person shall be photographed and fingerprinted by the Chief of Police and the said photograph and fingerprints shall be made a part of the permanent record herein provided for. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 252. REGISTRATION REQUIRED WITHIN FORTY-EIGHT HOURS. Every person residing within this City and County at the time Sections 249 to 259.2 of this Article become effective, who has been convicted subsequently to July 1, 1944, of any crime referred to in Sections 249 to 259.2 of this Article, shall, within 48 hours from and after the effective date hereof, furnish to the Chief of Police in a written statement signed by such person, all the information which Sections 249 to 259.2 of this Article require to be furnished, together with the photographs and fingerprints hereinbefore provided for. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 253. NOTICE OF CHANGE OF RESIDENCE REQUIRED WITHIN TWENTY-FOUR HOURS. In the event that any person required in Sections 249 to 259.2 of this Article to register shall change any such place of residence, stopping place, or living quarters to any new or different place or places within this City and County other than any place last shown in such report to the Chief of Police, he shall within 24 hours after the making of such change, notify the Chief of Police in a written and signed statement of such change of address and shall furnish in such written statement to the Chief of Police his new address and each one thereof. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 254. FALSE STATEMENTS PROHIBITED. A person required by any provision of Sections 249 to 259.2, inclusive, of this Article to register shall not furnish in such report any false or fictitious address or any address other than a true address or intended address, and shall not furnish, in making any such report, any false, untrue, or misleading information or statement relating to any information required by any provisions of Sections 249 to 259.2, inclusive, of this Article, to be made or furnished. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 255. PENALTY FOR REFUSAL OR NEGLECT TO COMPLY. Any person required to do so by any provision of Sections 249 to 259.2, inclusive, of this Article, who fails, neglects or refuses to make such report or to furnish such information, photograph, or fingerprints, or who fails, neglects, or refuses to render or furnish the same within the time hereinbefore prescribed, or who fails, neglects, or refuses to furnish to the Chief of Police within such time any information, photographs, and fingerprints required to be furnished by any provision of Sections 249 to 259.2, inclusive, of this Article, or who furnishes any false, untrue, or misleading information or statement relating to any information required by any provision of Sections 249 to 259.2, inclusive, of this Article, to be made or furnished, is guilty of a misdemeanor. (Added by Ord. 6164, Series of 1939, App. 7/31/50)

SEC. 256. CONVICTION DEFINED. If a conviction has been set aside by pardon or, pursuant to Section 1203.4 of the Penal Code of the State of California, or a similar law in any other state or jurisdiction, after the termination of probation, such conviction nevertheless shall be deemed a conviction included in Sections 249 to 259.2, inclusive, of this Article. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 257. A CONVICTION SET ASIDE NOT DEEMED A CONVICTION. If a conviction has been set aside in any other manner, including reversal by an Appellate Court or the granting of a writ of certiorari, habeas corpus, or coram nobis, it shall not be deemed to be a conviction included in Sections 249 to 259.2, inclusive, of this Article. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 258. PENALTY. Any person violating any provision of Sections 249 to 259.2, inclusive, of this Article, is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $500, or by imprisonment in the County Jail for a period of not to exceed six months, or by both such fine and imprisonment. Each separate day, or any portion thereof, during which any violation of Sections 249 to 259.2, inclusive, of this Article, occurs or continues, and each failure, neglect or refusal to make any such report or to furnish any such information, photograph, or fingerprints during each or any day or portion thereof from and after the expiration of the time specified in Sections 249 to 259.2, inclusive, of this Article, within which such report must be made, or such information, photograph, or fingerprints furnished, shall be deemed to constitute a separate violation thereof, and a separate offense thereunder, and upon conviction therefor each such violation shall be punishable as herein provided. (Added by Ord. 6164, Series of 1939, App. 7/31/50) SEC. 259. STATE LAWS. Sections 249 to 259.2, inclusive, of this Article, do not prohibit or require any act specifically prohibited, required, or permitted by Section 290 of the Penal Code or by any other state statute or state law. (Added by Ord. 6164, Series of 1939, App. 7/31/50)

The files maintained by the Chief of Police under Sections 249 to 259.2, inclusive, of this Article, shall be confidential; however, said records, photographs and fingerprints shall at all reasonable times be open to the inspection of any peace officer having jurisdiction within the territorial boundaries of said City and County. (Added by Ord. 6164, Series of 1939, App. 7/31/50)

If, because of the provisions of any state statute, or otherwise, any person, other than a peace officer, has, despite the provisions of Section 259.1 of this Article, the right to inspect any information, photograph, fingerprints, or other documents referred to in Sections 249 to 259.1 of this Article, then Sections 249 to 259.1, inclusive, of this Article, do not require the furnishing of such information, photograph, fingerprints, or other document. (Added by Ord. 6164, Series of 1939, App. 7/31/50)

(a) Whenever a person is to be released who has been arrested or detained for violating Penal Code Section 647.9 (stalking) or convicted of violating Penal Code Section 647.9, the custodial official making the release shall endeavor promptly to notify of the impending release any person who is a potential stalking victim of the individual to be released. Where feasible, the releasing authority shall give the notice required by this Section at least five calendar days prior to the release by certified mail and by telephone. For the purpose of this ordinance, a person is a potential stalking victim of an individual where the individual has been previously arrested, or detained for violating Penal Code Section 647.9 or convicted for violating Penal Code Section 647.9 in connection with that person. In addition, a potential stalking victim shall include any person who has filed with the San Francisco Police Department a written complaint of stalking activities by the individual to be released directed at the complainant. In addition, a potential stalking victim shall include any person who the Police Department has reason to believe, based on evidence it has gathered or received, is a potential stalking victim of the individual to be released. (b) In undertaking the enforcement of 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 on 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. 364-93, App. 11/18/93)