San Francisco County Municipal Code Art. 29 Regulation of Noise

Sec. 2900. Declaration of Policy.

Sec. 2901. Definitions. Sec. 2902. Noise Level Measurement. Sec. 2904. Waste Disposal Services. Sec. 2905. Vehicles and Nonstationary Source Repairs. Sec. 2907. Construction Equipment. Sec. 2908. Construction Work at Night. Sec. 2909. Noise Limits. Sec. 2910. Variances. Sec. 2912. Additional Responsibilities of the Department of Public Health and the Department of Building Inspection. Sec. 2913. Use of Amplified Sound on Unenclosed Tour Buses. Sec. 2916. Enforcement. Sec. 2917. Violations. Sec. 2920. Authority to Adopt Rules and Regulations. Sec. 2922. Preemption. Sec. 2924. City Undertaking Limited to Promotion of General Welfare. Sec. 2926. Severability.

SEC. 2900. DECLARATION OF POLICY. (a) Building on decades of scientific research, the World Health Organization and the U.S. Environmental Protection Agency have determined that persistent exposure to elevated levels of community noise is responsible for public health problems including, but not limited to: compromised speech, persistent annoyance, sleep disturbance, physiological and psychological stress, heart disease, high blood pressure, colitis, ulcers, depression, and feelings of helplessness. (b) The General Plan for San Francisco identifies noise as a serious environmental pollutant that must be managed and mitigated through the planning and development process. But given our dense urban environment. San Francisco has a significant challenge in protecting public health from the adverse effects of community noise arising from diverse sources such as transportation, construction, mechanical equipment, entertainment, and human and animal behavior. (c) In order to protect public health, it is hereby declared to be the policy of San Francisco to prohibit unwanted, excessive, and avoidable noise. It shall be the policy of San Francisco to maintain noise levels in areas with existing healthful and acceptable levels of noise and to reduce noise levels, through all practicable means, in those areas of San Francisco where noise levels are above acceptable levels as defined by the World Health Organization's Guidelines on Community Noise. (Added by Ord. 274-72, App. 9/20/72; amended by Ord. 278-08, File No. 081119, App. 11/25/2008; Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014) SEC. 2901. DEFINITIONS. (a) “Ambient” means LAeq and LCeq values produced during a minimum ten-minute period as measured with a type 1, precision level sound meter, using “A” and “C” frequency weighting. The minimum sound level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. However, for purposes of this Article 29, in no case shall the ambient be considered or determined to be less than: (1) 35 dBA for interior residential noise, and (2) 45 dBA in all other locations. If a significant portion of the ambient is produced by one or more individual identifiable sources of noise that contribute cumulatively to the sound level and may be operating continuously during the minimum ten-minute measurement period, determination of the ambient shall be accomplished with these separate identifiable noise sources silent or otherwise removed or subtracted from the measured ambient sound level. (b) "Director" means the Director or department head of any City department having administrative or enforcement responsibilities under this Article or any other provision of the Municipal Code regarding noise control, as well as his or her designee. (c) "Dwelling Unit" means (1) a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping; (2) a room in group housing, even if such room lacks private cooking facilities and private plumbing facilities, such as rooms in senior citizen housing, single room occupancy or residential hotels, dorms, hostels, or shelters; or, (3) a housekeeping room as defined in the Housing Code.

(d) "Emergency work" means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service. This term shall not include testing of emergency equipment. (e) "Fixed source" means a machine or device capable of creating a noise level at the property upon which it is regularly located, including but not limited to: industrial and commercial process machinery and equipment, pumps, fans, air-conditioning apparatus or refrigeration machines. (f) “Low frequency ambient” means the average, or LCeq value, produced during a ten-minute period as measured with a type 1, precision sound level meter. The sound level shall be determined with the music or entertainment noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. However, for purposes of this Article 29, in no case shall the low-frequency ambient be considered or determined to be less than: (1) 45 dBC for interior residential noise, and (2) 55 dBC in all other locations. If a significant portion of the ambient is produced by one or more individual identifiable sources that would otherwise be operating continuously during the minimum ten-minute measurement period, determination of the low-frequency ambient shall be accomplished with these separate identifiable noise sources silent or otherwise removed or subtracted from the measured ambient sound. (g) “Noise level” means the LAeq or LCeq value produced during a minimum one-minute period, produced by a source or group of sources as measured with a type 1, precision sound level meter. In order to measure a noise level, the controls of the sound level meter should be arranged to the setting appropriate to the type of noise being measured. (h) "Person" means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature, but shall not include the City and County of San Francisco. (i) "Place of Entertainment" has the same meaning as the term is defined in San Francisco Police Code Section 1060. (j) "Powered construction equipment" means any tools, machinery, or equipment used in connection with construction operations which can be driven by energy in any form other than manpower, including all types of motor vehicles when used in the construction process of any construction site, regardless of whether such construction site be located on-highway or off-highway, and further including all helicopters or other aircraft when used in the construction process except as may be preempted for regulation by State or Federal law. (k) "Property plane" means a vertical plane including the property line that determines the property boundaries in space. (l) "Public Property " means property leased or owned by a governmental entity, 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 located within the City and County of San Francisco. (m) "Residential Property" means any property that has at least one dwelling unit and has been approved for human habitation by the City and County of San Francisco. (n) “Sound level,” expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, “Acoustic Terminology,” paragraph 2.9, or successor reference. All references to dB in this Article 29 refer to the A-level or C-level weighting scale, abbreviated dBA or dBC, measured as set forth in this section. (o) "Limited Live Performance Locale" has the same meaning as the term is defined in San Francisco Police Code Section 1060. (Amended by Ord. 309-73, App. 8/10/73; Ord. 278-08, File No. 081119, App. 11/25/2008; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-12 , File No. 120405, App. 6/8/2012, Eff. 7/8/2012; Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025) SECS. 2901.1-2901.14. RESERVED. (Repealed by Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2902. NOISE LEVEL MEASUREMENT. A person measuring the outside noise level shall take measurements with the microphone not less than four feet above the ground, at least four and one-half feet distant from walls or similar large reflecting surfaces, and protected from the effects of wind noises and other extraneous sounds by the use of appropriate windscreens. A person measuring the inside noise level measurements shall take measurements with the microphone at least three feet distant from any wall, and the average measurement of at least three microphone positions throughout the room shall be used to determine the inside noise level measurement. (Added by Ord. 274-72, App. 9/20/72; Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2903. RESERVED. (Added by Ord. 274-72, App. 9/20/72; repealed by Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2904. WASTE DISPOSAL SERVICES.

It shall be unlawful for any person authorized to engage in waste removal, collection, or disposal services or recycling removal or collection services to provide such services so as to create an unnecessary amount of noise, in the judgment of the Director of Public Health. For the purpose of this Section, noise emitted by equipment shall not be deemed unnecessary or without justification if the person engaged in such services hast to the extent the Director of Public Health has Judged reasonably feasible, incorporated available sound-deadening devices into equipment used in rendering those services. Notwithstanding the foregoing, it shall be unlawful for any person authorized to engage in waste removal, collection, or disposal services, or recycling removal or garbage-collection services to operate hydraulic compaction or mechanical processing systems on any truck-mounted waste, recycling, or garbage loading and/or compacting equipment or similar mechanical device so as to create mechanical or hydraulic noise exceeding 75 dBA when measured at a distance of 50 feet from the equipments. This maximum noise level does not apply to the noise associated with crushing, impacting, dropping, or moving garbage on the truck, but only to the truck's mechanical processing system. All other waste disposal or collection noises are subject to the Director of Public Health's judgment as described in this Section. (Added by Ord. 274-72, App. 9/20/72; Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2905. VEHICLE AND NONSTATIONARY SOURCE REPAIRS. It shall be unlawful for any person within any residential area of the City and County to repair, rebuild, or test any motor vehicle or nonstationary source in such a manner as to cause unnecessary, excessive or offensive noise. (Added by Ord. 274-72, App. 9/20/72) SEC. 2906. RESERVED. (Added by Ord. 274-72, App. 9/20/72; repealed by Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2907. CONSTRUCTION EQUIPMENT. (a) Except as provided for in Subsections (b), (c), and (d) hereof, it shall be unlawful for any person to operate any powered construction equipment if the operation of such equipment emits noise at a level in excess of 80 dBA when measured at a distance of 100 feet from such equipment, or an equivalent sound level at some other convenient distance. (b) The provisions of Subsections (a) of this Section shall not be applicable to impact tools and equipment, provided that such impact tools and equipment shall have intake and exhaust mufflers recommended by the manufacturers thereof and approved by the Director of Public Works or the Director of Building Inspection as best accomplishing maximum noise attenuation, and that pavement breakers and jackhammers shall also be equipped with acoustically attenuating shields or shrouds recommended by the manufacturers thereof and approved by the Director of Public Works or the Director of Building Inspection as best accomplishing maximum noise attenuation. (c) The provisions of Subsection (a) of this Section shall not be applicable to construction equipment used in connection with emergency work. (d) Helicopters shall not be used for construction purposes for more than two hours in any single day or more than four hours in any single week. (Amended by Ord. 309-73, App. 8/10/73; Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2908. CONSTRUCTION WORK AT NIGHT. It shall be unlawful for any person, between the hours of 8:00 p.m. of any day and 7:00 a.m. of the following day to erect, construct, demolish, excavate for, alter or repair any building or structure if the noise level created thereby is in excess of the ambient noise level by 5 dBA at the nearest property plane, unless a special permit therefor has been applied for and granted by the Director of Public Works or the Director of Building Inspection. In granting such special permit the Director of Public Works or the Director of Building Inspection shall consider: if construction noise in the vicinity of the proposed work site would be less objectionable at night than during daytime because of different population levels or different neighboring activities if obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during daytime; if the kind of work to be performed emits noises at such a low level as to not cause significant disturbance in the vicinity of the work site, if the neighborhood of the proposed work site is primarily residential in character wherein sleep could be disturbed: if great economic hardship would occur if the work were spread over a longer timers if the work will abate or prevent hazard to life or property; and if the proposed night work is in the general public interest. The Director of Public Works or the Director of Building Inspection shall prescribe such conditions, working times, types of construction equipment to be used, and permissible noise emissions, as required in the public interest.

The provisions of this Section shall not be applicable to emergency work. (Added by Ord. 274-72, App. 9/20/72; Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2909. NOISE LIMITS. (a) Residential Property Noise Limits. (1) No person shall produce or allow to be produced by any machine, or device, music or entertainment or any combination of same, on residential property over which the person has ownership or control, a noise level more than five dBA above the ambient at any point outside of the property plane. (2) No person shall produce or allow to be produced by any machine, or device, music or entertainment or any combination of same, on multi-unit residential property over which the person has ownership or control, a noise level more than five dBA above the local ambient three feet from any wall, floor, or ceiling inside any dwelling unit on the same property, when the windows and doors of the dwelling unit are closed, except within the dwelling unit in which the noise source or sources may be located. (b) Commercial And Industrial Property Noise Limits. No person shall produce or allow to be produced by any machine, or device, music or entertainment or any combination of same, on commercial or industrial property over which the person has ownership or control, a noise level more than eight dBA above the local ambient at any point outside of the property plane. With respect to noise generated from a licensed Place of Entertainment, licensed Limited Live Performance Locale, or other location subject to regulation by the Entertainment Commission or its Director, in addition to the above dBA criteria a secondary low frequency dBC criteria shall apply to the definition above. No noise or music associated with a licensed Place of Entertainment, licensed Limited Live Performance Locale, or other location subject to regulation by the Entertainment Commission or its Director, shall exceed the low frequency ambient noise level defined in Section 2901(f) by more than 8 dBC. (c) Public Property Noise Limits. No person shall produce or allow to be produced by any machine or device, or any combination of same, on public property, a noise level more than ten dBA above the local ambient at a distance of twenty-five feet or more, unless the machine or device is being operated to serve or maintain the property or as otherwise provided in this Article. (d) Fixed Residential Interior Noise Limits. In order to prevent sleep disturbance, protect public health and prevent the acoustical environment from progressive deterioration due to the increasing use and influence of mechanical equipment, no fixed noise source may cause the noise level measured inside any sleeping or living room in any dwelling unit located on residential property to exceed 45 dBA between the hours of 10:00 p.m. to 7:00 a.m. or 55 dBA between the hours of 7:00 a.m. to 10:00p.m. with windows open except where building ventilation is achieved through mechanical systems that allow windows to remain closed. (e) Noise Caused By Activities Subject To Permits From the City and County of San Francisco. None of the noise limits set forth in this Section apply to activity for which the City and County of San Francisco has issued a permit that contains noise limit provisions that are different from those set forth in this Article. (Added by Ord. 274-72, App. 9/20/72; amended by Ord. 278-08, File No. 081119, App. 11/25/2008; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013) SEC. 2910. VARIANCES. The Directors of Public Health, Public Works, Building Inspection, or the Entertainment Commission, or the Chief of Police may grant variances to noise regulations, over which they have jurisdiction pursuant to Section 2916. All administrative decisions granting or denying variances are appealable to the San Francisco Board of Appeals. (Added by Ord. 274-72, App. 9/20/72; Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2911. RESERVED. (Added by Ord. 274-72, App. 9/20/72; repealed by Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2912. ADDITIONAL RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC HEALTH AND THE DEPARTMENT OF BUILDING INSPECTION. (a) The Department of Public Health shall designate a Noise Prevention and Control Officer to coordinate the responsibilities of the Department of Public Health under this Article and the Health Code with respect to noise. (b) The Department of Public Health may monitor the noise complaint response by all City agencies charged with regulating noise under this Article. City Departments and Agencies charged with responsibility for responding to noise complaints shall cooperate and share

information with the Department of Public Health in tracking and monitoring complaint responses. (c) At least every two years the Department of Public Health shall make recommendations to the Planning Commission for noise assessment and prevention in land use planning or environmental review. (d) The Department of Public Health may investigate and take enforcement action on any noise complaint resulting in human health impacts. The Director of the Department of Public Health shall be the sole determiner of what constitutes a human health impact with respect to noise. (e) The Department of Building Inspection shall send acoustical reports submitted with each building permit to the Department of Public Health within 15 days of the date the building permit applicant submits the acoustical report to the Department of Building Inspection. (Added by Ord. 274-72, App. 9/20/72; Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2913. USE OF AMPLIFIED SOUND ON UNENCLOSED TOUR BUSES. (a) For purposes of this Section, "Unenclosed Tour Bus" shall mean a privately-owned passenger vehicle for hire with a capacity of nine or more passengers, including the driver, that: (1) is used primarily for the conveyance of passengers over the public streets, for the purpose of visiting or viewing places of interest; and (2) lacks either a permanently attached solid roof covering all seating areas of the vehicle or permanently attached side panels, which with any doors or windows closed, fully enclose the sides of the vehicle. (b) Effective October 1, 2012, it shall be a violation of this Section for any Person to operate an Unenclosed Tour Bus using electronically amplified sound to communicate with passengers without having received authorization from the Director of the Department of Public Health or his or her designee ("Director of Public Health") that the sound system is in compliance with the requirements of this Section. (c) The Director of Public Health may approve the electronically amplified sound system on an Unenclosed Tour Bus and issue a Certificate of Authorization to Operate Electronically Amplified Sound on Unenclosed Tour Buses ("Certificate") where the Director of Public Health determines that either: (1) At maximum volume and without modification, the sound system is not audible at a distance of 50 or more feet outside the vehicle with the vehicle windows open and any operable or removable roof or side panels opened or removed; or (2) The sound system includes volume limiting technology, which in its default mode prevents the sound system from being heard at a distance of 50 or more feet outside the vehicle. Such a system may include an override mode for use in emergencies. (d) Following a hearing, the Director of Public Health may suspend or revoke a Certificate for any violation of this Section. The Director of Public Health may base such action on 1) the Director of Public Health's determination that the Certificate holder has violated this Section; or 2) a citation from the San Francisco Police Department for any violation of this Section or California Vehicle Code Section 27007, or any successor provisions. A Certificate holder may appeal the suspension or revocation of a Certificate to the Board of Appeals. (e) The Owner or Operator of the Unenclosed Tour Bus shall post the Certificate in a clearly visible location on the exterior of the vehicle. (f) The Director of Public Health shall review the compliance history of each approved Unenclosed Tour Bus and reinspect the Unenclosed Tour Bus annually, and upon any change in ownership, and if found in compliance with this Section and any implementing regulations, the Director of Public Health may reissue the Certificate. (g) The Director of Public Health shall report to the Board of Supervisors one year from the effective date of this ordinance and every two years thereafter: (1) the number of Certificates issued to Unenclosed Tour Buses; (2) the number of complaints received by the Director of Public Health regarding Unenclosed Tour Buses; and (3) the effectiveness of the Department of Public Health's program to regulate amplified sound from Unenclosed Tour Buses and any suggested changes to the program. (h) Decisions by the Director of Public Health regarding the issuance or reissuance of Certificates may be appealed to the Board of Appeals. (i) The fee for the initial application to obtain a Certificate and for each yearly renewal shall be $394, payable to the Director of Public Health. The initial application fee shall be due at the time of application. The annual fee to renew the Certificate shall be due on July 1. Beginning with fiscal year 2013-2014, fees set forth in this Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section. Not later than April 1, the Director of Public Health shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section. Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues

sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue that is significantly more than the costs of providing the services for which the fees are assessed. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1. (j) The requirements of this Section shall not apply to an Unenclosed Tour Bus equipped with and using electronically amplified sound to communicate with passengers where all non-emergency communications through the system are audible to passengers only through technology designed to make such communications audible only to the individual listener, such as individual headsets or headphones. (k) The noise standards set forth in Section 2909 shall not apply to Unenclosed Tour Buses. (Added by Ord. 100-12 , File No. 120405, App. 6/8/2012, Eff. 7/8/2012) (Former Sec. 2913 repealed by Ord. 278-08, File No. 081119, App. 11/25/2008) SECS. 2914-2915. RESERVED. (Repealed by Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2916. ENFORCEMENT. The Director of Public Health may enforce the provisions of Section 2904, 2909, and 2912 of this Article 29. The Department of Building Inspection may enforce the provisions of Sections 2907 and 2908 of this Article insofar as said provisions relate to construction operations conducted on private property under appropriate permits issued pursuant to the San Francisco Building Code, Housing Code, Electrical Code, and Plumbing Code. Insofar as these provisions relate to construction operations conducted on publicly-owned property subject to the police power of the City and County of San Francisco, the Department of Public Works may enforce the provisions of Sections 2907 and 2908 of this Article. The Executive Director of the Entertainment Commission may enforce noise standards associated with licensed Places of Entertainment, licensed Limited Live Performance Locales, licensed Fixed Place Outdoor Amplified Sound Locales, permitted One Time Events, permitted One Time Outdoor Amplified Sound Permits, permitted Sound Truck Permits, or other location or activity subject to regulation by the Entertainment Commission or its Director. The Chief of Police or his or her designee ("Chief of Police") shall also enforce the provisions of Section 2913 of this Article. The Chief of Police shall make law enforcement activities related to Unenclosed Tour Buses under Section 2913 a priority for one year after the effective date of the ordinance enacting that Section. The Chief of Police may enforce Section 2909 as well as the provisions of this Article that relate to noise created by humans or any other noise source not specifically assigned or designated to another Department or Agency. (Added by Ord. 274-72, App. 9/20/72; amended by Ord. 278-08, File No. 081119, App. 11/25/2008; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-12 , File No. 120405, App. 6/8/2012, Eff. 7/8/2012; 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. 2917. VIOLATIONS. (a) Criminal Penalties. Any person violating any of the provisions of this Article 29 shall be deemed guilty of an infraction or misdemeanor. When charged as an infraction, and upon conviction thereof, such person shall be fined in an amount not exceeding (1) $100 for a first violation of this Article; (2) $200 for a second violation of this Article; and (3) up to $300 for each additional violation of this Article within one year of the date of a second or subsequent violation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (b) Administrative Penalties. Administrative penalties shall be assessed and collected by the Departments specified in Section 2916 of this Article in accordance with San Francisco Administrative Code Chapter 100. (c) Civil Penalties. (1) Presumption of Noncompliance with Order. In addition to any other penalties provided in this Article, any person or entity served with a notice or order by the Director setting forth the nature of the violation of this Article, demanding correction of such violation, and specifying the time within which such violation must be corrected, shall be presumed, in subsequent civil proceedings, to have failed to comply with that notice or order at and after the time given in that notice or order for correction of such violation, after the time period specified in the notice or order has expired without correction of that violation. (2) Penalty Amounts. Any person or entity violating this Article shall be liable for a civil penalty of up to $500 per violation for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction.

(3) Setting Civil Penalty. In assessing the amount of the civil penalty, the Court shall consider anyone or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this Article or any applicable State law. (4) Cost Recovery. In any civil proceeding filed by the City Attorney to collect civil penalties, the Court may award the Department the costs and fees, including but not limited to attorneys' fees, and costs of investigation, enforcement, abatement, and litigation, authorized under this Article. (Added by Ord. 274-72, App. 9/20/72; amended by 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. 2918. [REPEALED.] (Added by Ord. 274-72, App. 9/20/72; amended by Ord. 278-08, File No. 081119, App. 11/25/2008; repealed by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014) SEC. 2920. AUTHORITY TO ADOPT RULES AND REGULATIONS. The Director of Public Health may issue and amend rules, regulations, standards, guidelines, or conditions to implement and enforce this Article. (Added by Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2922. PREEMPTION. In adopting this Article, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State to do those things that are required, directed, or expressly authorized by Federal or State law. Further, in adopting this Article, the Board of Supervisors does not intend to prohibit that which is prohibited by Federal or State law. This Article shall be construed so as not to conflict with applicable federal or state laws, rules, or regulations. Nothing in this Article shall authorize any City agency or department to impose any duties or obligations in conflict with limitations on municipal authority established by state or federal law at the time such agency or department action is taken. (Added by Ord. 278-08, File No. 081119, App. 11/25/2008; amended by Ord. 100-12 , File No. 120405, App. 6/8/2012, Eff. 7/8/2012) SEC. 2924. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE. In undertaking the adoption and enforcement of this Article, the City is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a person to sue for money damages for an injury that the person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by this Article. (Added by Ord. 278-08, File No. 081119, App. 11/25/2008) SEC. 2926. SEVERABILITY. If any of the provisions of this Article or the application thereof to any person or circumstance is held invalid, the remainder of this Article, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Article are severable. (Added by Ord. 278-08, File No. 081119, App. 11/25/2008) ARTICLE 30:

PERMITS FOR TOW CAR DRIVERS Sec. 3000. Permit Required. Sec. 3001. Tow Car; Definition. Sec. 3002. Application for Permit. Sec. 3003. Application Fee. Sec. 3004. Investigation, Hearing and Issuance of Permit. Sec. 3005. Interim Permit. Sec. 3006. Permit; Contents. Sec. 3007. Permit; in Possession of Driver. Sec. 3008. Permit Expiration. Sec. 3011. Permit; Revocation. Sec. 3012. Violation; Misdemeanor. Sec. 3013. Severability.

SEC. 3000. PERMIT REQUIRED. No person shall drive or operate a tow car within the City and County of San Francisco without first obtaining a permit from the Chief of Police hereinafter provided. (Added by Ord. 16-73, App. 1/5/73) SEC. 3001. TOW CAR; DEFINITION. As used in this Article, the term "tow car" is defined as that term is defined in the Vehicle Code of the State of California. (Added by Ord. 16-73, App. 1/5/73) SEC. 3002. APPLICATION FOR PERMIT. Application for permit hereunder shall be made upon blank forms prepared and made available by the Chief of Police, and shall state: (1) Name and residence address of applicant; (2) Applicant's height, weight, eye color, hair color and date of birth; (3) Name and address of applicant's employer; (4) California license number, class and restrictions appearing on the applicant's driver's license; (5) All criminal offenses for which applicant has been arrested including nature of offense, and place and date of arrests; (6) Such other information as the Chief of Police shall find reasonably necessary to effectuate the purpose of this ordinance and to arrive at a fair determination as to whether the terms of the ordinance have been complied with. (Added by Ord. 16-73, App. 1/5/73) SEC. 3003. APPLICATION FEE. An application shall be accompanied by: (a) Fingerprinting fee, in the amount specified in Section 8.23 of the San Francisco Administrative Code to cover the cost of fingerprinting, classifying and searching of the records;

(b) A complete set of applicant's fingerprints to be taken by the Police Department; (c) Two front view clear and legible photographs, approximately 2" x 2", taken within one month of application, to be furnished by applicant; (d) Letter of request from the employer written on the employer's business letterhead and stating an intent to employ the applicant; (e) The filing fee. (Amended by Ord. 555-81, App. 11/12/81) SEC. 3004. INVESTIGATION, HEARING AND ISSUANCE OF PERMIT. The Chief of Police shall, upon receipt of an original or renewal application, make an investigation without unnecessary delay, hear the application and grant such application unless he finds that the applicant: (a) Within four years prior to the date of application, has been convicted of burglary, robbery, theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle; unlawful use or tampering by bailee of a vehicle, or altering a vehicle identification number; or (b) Within four years prior to the date of application, has acted in violation of the criminal statutes referred to in Subsection (a) above; or (c) Has intentionally falsified any statement contained in his application. (Added by Ord. 16-73, App. 1/5/73) SEC. 3005. INTERIM PERMIT. During the period between filing of the application and the hearing, the Chief may issue an interim permit if preliminary investigation discloses no fact which would disqualify applicant under the provisions of Section 3004 of this Article. In the event that after the aforementioned "Interim Permit" has been issued by the Chief of Police, any fact is discovered which would disqualify the applicant under the provisions of Section 3004 of this Article the Chief may suspend said "Interim Permit." (Added by Ord. 16-73, App. 1/5/73) SEC. 3006. PERMIT; CONTENTS. The permit shall contain: (a) Name and residence address of permittee; (b) Name and address of permittee's employer; (c) Permittee's height, weight, eye color, hair color, date of birth; (d) A copy of the photograph required in Section 3003, except that upon renewal of permit, if the picture on the permit last expired has been taken more than two years prior to renewal, a new photograph not more than one month old shall be submitted to the Police Department and affixed to the renewed permit. (Added by Ord. 16-73, App. 1/5/73) SEC. 3007. PERMIT; IN POSSESSION OF DRIVER. Each permittee shall have the permit required by this Article in his immediate possession at all times while driving or operating a tow car and shall exhibit such permit on demand of any peace officer. (Added by Ord. 16-73, App. 1/5/73)

SEC. 3008. PERMIT EXPIRATION. The permit shall expire one year from the date of issuance and shall be renewable thereafter upon an annual basis upon the filing with the Tax Collector of a statement by the permittee providing his or her current address and current employer and upon payment of the annual license fee. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.*
(Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012) SEC. 3011. PERMIT; REVOCATION. The Chief of Police shall revoke a permit issued hereunder if after a hearing on the matter he finds that grounds exist which would have constituted just cause for refusal to issue such permit. Written notice of the revocation hearing, setting forth the time and place of hearing and a brief statement of the reason for the proposed revocation, shall be served on or mailed to the permittee at his residence or place of business as listed on his permit application. (Added by Ord. 16-73, App. 1/5/73) SEC. 3012. VIOLATION; MISDEMEANOR. Violation of Sections 3000 or 3007 herein shall be a misdemeanor, punishable by a fine not to exceed $500, or by imprisonment in the County Jail for a term of not more than six months, or both such fine and such imprisonment. (Added by Ord. 16-73, App. 1/5/73) SEC. 3013. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 16-73, App. 1/5/73)