San Francisco County Municipal Code Art. 41 Prohibiting

HYPODERMIC NEEDLES OR SYRINGES

Sec. 4100. Findings. Sec. 4101. Prohibition of Sale of Replica Hypodermic Needles or Syringes. Sec. 4102. Possession of Replica Hypodermic Needles or Syringes. Sec. 4103. Enforcement.

SEC. 4100. FINDINGS. (a) The City and County of San Francisco has declared that a public health emergency exists in connection with the AIDS epidemic and the high rate of HIV infection among injection drug users and the corresponding high rate of transmission of the disease. The Department of Public Health is implementing a needle exchange program in order to prevent the further spread of HIV infection. (b) Replicas of hypodermic syringes containing a red liquid are now being sold and possessed in the City and County of San Francisco. Many of the replicas are actually pens and pencils, or pieces of jewelry. The replicas are a serious public safety concern because there is no clear way to distinguish between real syringes and the replicas except on extremely close inspection. The replicas endanger the HIV education process by desensitizing persons to the seriousness of syringes. (c) Replica syringes may also be frightening to persons who do not know if the syringes are real or replicas. Replica syringes may, as a result, be used in a manner that may be taken as threatening or dangerous, and may result in unwarranted responses that may likewise by threatening or dangerous. The replica or facsimile hypodermic needles or syringes and their public display are, as a result, potentially threatening to persons in the community and to the safety and welfare of the general public. (Added by Ord. 136-93, App. 5/17/93) SEC. 4101. PROHIBITION OF SALE OF REPLICA HYPODERMIC NEEDLES OR SYRINGES. It shall be unlawful for any person, firm or corporation to sell, or, for purposes of sale, to exchange, give, loan, furnish, display, or market, or to utilize for promoting the sale of any merchandise, any replica of facsimile hypodermic needles or syringes in the City and County of San Francisco. The provisions of this subsection shall not apply to any replica or facsimile hypodermic needle or syringe which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real needle or syringe. (Added by Ord. 136-93, App. 5/17/93) SEC. 4102. POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES. (a) Prohibition of Public Possession. It shall be unlawful for any person, including a minor, to have in his or her visible possession in public areas a replica or facsimile hypodermic needle or syringe, the sale of which is prohibited by Section 4104 of the Police Code.

(b) Definitions. "Visible possession" shall mean that the replica or facsimile hypodermic needle or syringe is within the possession of a person, and that the replica or facsimile hypodermic needle or syringe is visible to other persons. "Public areas" shall mean areas which are owned, leased or controlled by a public entity and which are generally open to the general public, and areas privately owned, leased or controlled which are generally open to the public, including public buildings, public parks, public streets, sidewalks and roadways, public educational facilities, public malls and thoroughfares. (Added by Ord. 136-93, App. 5/17/93) SEC. 4103. ENFORCEMENT. (a) Notwithstanding any other provision of this Municipal Code, violation of Sections 4101 and 4102 shall not constitute a misdemeanor. The sole sanction for violation of these Sections shall be the confiscation and destruction of the prohibited replica or facsimile needle or syringe. Confiscation shall be made by law enforcement officers of the City and County of San Francisco authorized to make arrests, and may be made by any officials of the San Francisco Unified School District who may be duly authorized and designated to confiscate replica or facsimile hypodermic needles or syringes under these Sections. These officers or officials shall deliver possession of confiscated replica or facsimile hypodermic needles or syringes to the Chief of Police for the conduct of a hearing at which further retention of the replica or facsimile hypodermic needles or syringes and their destruction will be considered. Following an opportunity for a due process hearing the Chief of Police may order the return or destructions of said needles or syringes. (b) The Chief of Police is directed to establish procedures for hearings conducted by the Chief of Police or his or her designee that will be scheduled and conducted promptly after the confiscation of a replica or facsimile needle or syringe. The purpose of the hearing authorized by this Section will be to enable the person from whom the needle or syringe was confiscated, or the owner of the needle or syringe, to establish that the needle or syringe was not in visible possession in a public area, or was not a replica or facsimile needle or syringe within the meaning of these Sections in violation of these Sections at or before the time the needle or syringe was seized by the officers or officials. No destruction of a replica or facsimile needle or syringe shall occur without a duly noticed hearing having been made available to persons whose replica or facsimile needle or syringe was confiscated. (Added by Ord. 136-93, App. 5/17/93)