San Francisco County Municipal Code Art. 48 Laser Pointers

Sec. 4800. Definitions. Sec. 4801. Storage and Display of Laser Pointers. Sec. 4802. Sale of Laser Pointers to Minors Prohibited. Sec. 4803. Use of Laser Pointers by Minors Prohibited. Sec. 4804. Possession of Laser Pointers at Movie Theaters and Public Events Prohibited. Sec. 4805. Directing Laser Beam into a Moving Vehicle or onto Another Person Prohibited. Sec. 4806. Penalty. Sec. 4807. Disclaimer. Sec. 4808. Severability.

SEC. 4800. DEFINITIONS. For purposes of this Article, "Laser Pointer" shall mean any handheld device which emits a laser lighting beam that is designed to be used by the operator as a pointer or highlighter to indicate, mark or identify a specific position, place, item or object. (Added by Ord. 157-99, File No. 990409, App. 6/11/99) SEC. 4801. STORAGE AND DISPLAY OF LASER POINTERS. (a) It shall be unlawful for any person who owns, conducts, operates or manages a retail commercial establishment where Laser Pointers are sold to store or display, or cause to be stored or displayed, such Laser Pointers in an area that is accessible to the public without employee assistance. (b) Nothing herein shall preclude the storage or display of Laser Pointers in an area viewable by the public so long as such items are not accessible to the public without employee assistance. (Added by Ord. 157-99, File No. 990409, App. 6/11/99)

SEC. 4802. SALE OF LASER POINTERS TO MINORS PROHIBITED. It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, exchange, give or loan to any minor under the age of 18 years, any Laser Pointer. (Added by Ord. 157-99, File No. 990409, App. 6/11/99) SEC. 4803. USE OF LASER POINTERS BY MINORS PROHIBITED. It shall be unlawful for any person under the age of 18 years to have in his or her possession any Laser Pointer unless said minor is under the direct supervision and control of the minor's parent, legal guardian, or other adult authorized by the parent or legal guardian to exercise such supervision. (Added by Ord. 157-99, File No. 990409, App. 6/11/99) SEC. 4804. POSSESSION OF LASER POINTERS AT MOVIE THEATERS AND PUBLIC EVENTS PROHIBITED. It shall be unlawful for any person attending any movie theater or public event including, but not limited to, any sporting event to have in his or her possession any Laser Pointer. (Added by Ord. 157-99, File No. 990409, App. 6/11/99) SEC. 4805. DIRECTING LASER BEAM INTO A MOVING VEHICLE OR ONTO ANOTHER PERSON PROHIBITED. It shall be unlawful for any person to direct intentionally the beam from a Laser Pointer into a moving vehicle or onto another person without such person's prior knowledge and consent. (Added by Ord. 157-99, File No. 990409, App. 6/11/99) SEC. 4806. PENALTY. Any person who violates Section 4803 or 4804 of this Article shall be guilty of an infraction. Any person who violates Section 4801, 4802 or 4805 of this Article shall be guilty of an infraction or a misdemeanor, at the discretion of the prosecutor. A violation which is an infraction is punishable by a fine of not more than. $500. A violation which is a misdemeanor is punishable by a fine of not more than $1000, or by imprisonment in the County Jail for not more than 6 months, or by both such fine and imprisonment. (Added by Ord. 157-99, File No. 990409, App. 6/11/99) SEC. 4807. DISCLAIMER. In regulating the sale, possession and use of Laser Pointers, 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. 157-99, File No. 990409, App. 6/11/99)

SEC. 4808. 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 Code, 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. 157-99, File No. 990409, App. 6/11/99)