San Francisco County Municipal Code Art. 8 Minors

Sec. 510. Minors Frequenting Barrooms, Billiard Parlors, Etc., Prohibited. Sec. 510.1. Family Recreation Center-Special Permit. Sec. 515. Regulating Issuance of Books to Minors by Circulating Libraries. Sec. 516. Exceptions. Sec. 527. Minors Under 16 Years Getting On or Off Moving Vehicles Prohibited. Sec. 528. Penalty. Sec. 533. Requiring Hotels, Motels, Auto Courts, and Furnished Apartment House Keepers to Report Presence of a Minor. Sec. 534. Penalty. Sec. 539. Curfew Law. Sec. 551. Minors Selling, Etc., Goods, Etc., in Certain Places Prohibited. Sec. 552. Proprietor, Etc., Not to Permit Such Minor to Enter, Etc. Sec. 553. Exception. Sec. 554. Prohibition of Sale of Aerosol Paint to Minors. Sec. 555. Sale of Permanent Markers To Minors and Possession of Permanent Markers By Minors Without Supervision or Authorization Prohibited.

SEC. 510. MINORS FREQUENTING BARROOMS, BILLIARD PARLORS, ETC., PROHIBITED. It shall be unlawful within the City and County of San Francisco for any proprietor, keeper, bartender, clerk or any other person having the charge or control of any saloon, barroom, billiard room or poolroom, or of any other public place, or place open to public view, to permit any person under the age of 18 years to play or engage in or to be present at any game of billiards, pool or of cards; and it shall likewise be unlawful for any person under the age of 18 years to play or engage in, or be present at any game of billiards, pool, or of cards in any public place or place open to public view within the City and County of San Francisco. (Added by Ord. 1.075, App. 10/11/38)

Notwithstanding the provisions of Section 510 of this Article, the Chief of Police may, upon written application thereof in such form and containing such information as said Chief shall require, issue a special permit allowing persons under the age of 18 years to play or engage in a game of billiards or pool or to be, remain in, or frequent a billiard or pool room, to any person, firm, corporation, association, or other legal entity holding a valid billiard or pool or combination table license if the area to be available to persons under the age of 18 years conform to the following physical design: (a) All billiard or pool tables made available for the use of persons under the age of 18 years at said place of business shall be located on the street level of said place of business; (b) All of said billiard or pool tables shall be open to public view from the adjoining sidewalk at all times said place of business is in operation; (c) A specific area of said place of business is designated and set aside as a family recreation center for the exclusive use of patrons or guests under the age of 18 years or for groups which include patrons or guests under the age of 18 years and such area is separated from the remaining area of said place of business by a partition to be approved by the Chief of Police; provided, however, that no person under the age of 15 years shall be permitted to play or engage in a game of billiards or pool, or to be, remain in or frequent a billiard or pool room unless accompanied by parent or guardian. In granting or denying a permit the Chief of Police shall give particular consideration to the peace, order and moral welfare of the public. Nothing in this Section shall be taken or deemed to authorize or approve any person under the age of 18 years playing or engaging in a game of billiards or pool or being, remaining in or frequenting any billiard or pool room at any time during normal school hours on school days or at any other time prohibited by applicable law or statute. (Added by Ord. 267-66, App. 11/3/66) SEC. 515. REGULATING ISSUANCE OF BOOKS TO MINORS BY CIRCULATING LIBRARIES. It shall be unlawful for any person, firm, corporation or association owning, operating or having charge of any circulating or lending library to lend or rent to any person under the age of 21 years any book, magazine, pamphlet or other printed matter, unless and until such minor shall have registered with such circulating or lending library, and shall have received therefrom a membership card; provided, however, that such membership card shall not be issued to any person under the age of 21 years without the consent of the parent or legal guardian of such minor in writing, signed by such parent or legal guardian in the presence of the Librarian in charge of such Library. In case such minor has no regularly appointed legal guardian in the City and County of San Francisco, then such written consent must in like manner be obtained from the person who has the care or custody of said minor. (Added by Ord. 1.075, App. 10/11/38) SEC. 516. EXCEPTIONS. The provisions of Section 515 of this Article shall not apply to libraries maintained or operated by the United States, the State of California, the City and County of San Francisco, or any non-profit, technical and reference libraries. (Added by Ord. 1.075, App. 10/11/38)

Sec. 521. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004) Sec. 522. (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004) SEC. 527. MINORS UNDER 16 YEARS GETTING ON OR OFF MOVING VEHICLES PROHIBITED. It shall be unlawful for any minor, under the age of 16 years, to get on, or attempt to get on, or to get off, or attempt to get off, any street car, train or street cars, wagon, truck or other vehicle, which may be moving along any public street. (Added by Ord. 1.075, App. 10/11/38) SEC. 528. PENALTY. Any minor under the age of 16 years who shall violate any of the provisions of Section 527 of this Article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not to exceed $50, or by imprisonment in the County Jail for not more than one month, or by both such fine and imprisonment. (Added by Ord. 1.075, App. 10/11/38) SEC. 533. REQUIRING HOTELS, MOTELS, AUTO COURTS, AND FURNISHED APARTMENT HOUSE KEEPERS TO REPORT PRESENCE OF A MINOR. Each owner, agent, manager, or keeper of a hotel, motel, auto court, furnished apartment house, boarding house, lodging house, or tenement house, shall immediately report to the office of the Chief of Police of the City and County of San Francisco, the presence therein of any minor under the age of 18 years, unless such minor is accompanied by the parent, guardian, or other person having the care and custody of such minor; or unless said minor is attending a social event or other assemblage at which his attendance has been expressly authorized by his parents or legal guardian; or unless the presence of said minor in said place or places is connected with and required by some legitimate business, trade, profession, or occupation, in which said minor is engaged. (Amended by Ord. 10741, Series of 1939, App. 12/12/57) SEC. 534. PENALTY. Any person, firm or corporation who shall violate the provisions of Section 533 of this Article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 and not more than $500, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. (Added by Ord. 1.075, App. 10/11/38) SEC. 539. CURFEW LAW. (a) Findings. The Board of Supervisors finds that a critical need exists for a juvenile curfew ordinance. Minors under the age of 14 possess a particular vulnerability to crime and harmful influence under certain circumstances or when not supervised or accompanied by a parent or legal guardian at night; such minors often lack the ability to make critical decisions in an informed and mature manner when exposed to nighttime influences. A curfew ordinance can help to ensure that a minor's parent or legal guardian is able to play an important role in the minor's development and upbringing. Under existing State law, there are limited circumstances under which a police officer can intervene to assist a minor who is in danger or need of assistance. In the absence of a curfew ordinance, an officer does not have a clear

guideline as to whether or not he or she can detain a minor to obtain assistance. Accordingly, the Board of Supervisors finds that this juvenile curfew ordinance is necessary. The ordinance is precisely tailored to ensure the welfare of minors and to promote and protect parents' ability to play a role in their children's upbringing. (b) Definitions. For the purposes of this Section, the following definitions shall apply: (1) Emancipated Minor. An emancipated minor is a minor who has entered into a valid marriage, is on active duty with any of the armed forces, or has received a declaration of emancipation, as more fully set forth in California Family Code Sections 7000, et seq. (2) Emergency Mission. An emergency mission is a venture to obtain medical, police, fire, or other assistance that is required by some reasonable necessity to which a minor must attend. (3) Legitimate Employment. Legitimate employment is any lawful source of employment or self-employment in connection with a business, trade, profession, or occupation. (4) Express Parental Permission. Express parental permission is the verifiable permission of a minor's parent or legal guardian for the minor to be in or on any public street, public park, or any other public place during the hours of curfew set forth in Subdivision (c). When stopped for a possible violation of Subdivision (c), it shall be the minor's responsibility to demonstrate that he or she has express parental permission. The minor may satisfy this burden equally through any means including, but not limited to, signed and verifiable documentation from a parent or legal guardian specifying the date, time and purpose of permission or presentation of a form developed and administered by the Police Department. If a minor is unable to demonstrate that he or she has express parental permission and no other exception applies, the minor may be transferred to the nearest district police station. For minors who allege but are unable to demonstrate express parental permission, the officer in custody of the minor at the station immediately shall attempt to contact the minor's parent or legal guardian to determine if the minor has express parental permission. If the officer determines that the minor has express parental permission and the minor is not being held for any other charges, the minor immediately shall be released and returned to the place of initial detention as authorized by the minor's parent or legal guardian. If the officer does not determine that the minor has express parental permission, the minor shall be deemed to be in violation of Subdivision (c). (5) Minor. A minor is any person under the age of 14 years. (6) Other Public Place. Other public place includes all other public or private property, in addition to a public street or public park, that is out of doors and immediately accessible by the public in general, such as plazas, parking lots, doorways, or accessways. Other public place shall not include the residence of a minor or a minor's relative or a street, sidewalk, or yard immediately adjacent to the residence. (7) Parent or Legal Guardian. A parent or legal guardian is a person or spouse of a person who has the legal custody or care of a particular minor. For purposes of Subdivision (c)(1), parent or legal guardian also includes an adult who is accompanying a minor with the express permission of the minor's parent or legal guardian. (8) Public Park. Public park includes all grounds, roadways, squares, recreation facilities, and other property placed under the control, management, and direction of the San Francisco Recreation and Park Commission. (9) Public Street. Public street includes all public sidewalks, crosswalks, roadways, alleys, and intersections that are not immediately adjacent to a minor's residence. (10) Religious or Political Activity. A religious or political activity includes, but is not limited to, a rally, demonstration, march, vigil, service, or distribution of information which has as its primary focus political or religious purposes. (c) Violation. It shall be unlawful for any minor to be in or on any public street, public park, or any other public place between the hours of 12:00 midnight and 5:00 a.m., except for the following: (1) When the minor is accompanied by a parent or legal guardian, or when the minor is present with one or more other minors, at least one of which is accompanied by a parent or legal guardian; (2) When the presence of the minor in or on any public street, public park, or any other public place is connected with and required by some legitimate employment in which the minor is engaged; (3) When the minor has express parental permission; (4) When the minor is an emancipated minor; (5) When the minor is engaged in an emergency mission; or (6) When the minor is participating in a religious or political activity. (d) Procedure. When a minor is cited, booked, detained, or arrested for the violation of Subdivision (c) of this Section, the officer taking such action shall follow the procedures established by the San Francisco Police Department for treating juveniles who have violated California Welfare and Institutions Code Section 601. If a minor is arrested for violation of Subdivision (c), the minor shall not be held in a secure facility. When a minor is placed in custody for a violation of Subdivision (c), the arresting officer or other authorized personnel immediately shall make every effort to notify the minor's parent or legal guardian pursuant to procedures established by the Police Department. If the minor's parent or legal guardian cannot be contacted after continued efforts, the minor shall be transferred to a receiving facility pursuant to Police Department procedures. The arresting officer shall forward to the Juvenile Probation Officer at the Youth Guida

all make every effort to notify the minor's parent or legal guardian pursuant to procedures established by the Police Department. If the minor's parent or legal guardian cannot be contacted after continued efforts, the minor shall be transferred to a receiving facility pursuant to Police Department procedures. The arresting officer shall forward to the Juvenile Probation Officer at the Youth Guidance Center a copy of the arrest report, setting forth the circumstances of the arrest of the minor. If the parent or legal guardian of any minor arrested for the violation of Subdivision (c) of this Section appears at the place where the minor is being detained pursuant to Police Department procedures, the Officer in charge shall release the minor to the minor's parent or legal guardian. It shall be the duty of the Juvenile Probation Officer handling the case to cause to be issued and served upon the arrested minor's parent or legal guardian a notice, requiring the parent or legal guardian to appear at a time and place to be specified in the notice, pursuant to the procedures established by the Juvenile Probation Department. Any person failing or neglecting to respond to any notice issued and served pursuant to the provisions of this

subdivision shall be guilty of a misdemeanor. (e) Duty to Prosecute. It shall be the duty of the District Attorney to prosecute any person failing to respond to any notice issued pursuant to Subdivision (c). (Amended by Ord. 6770, Series of 1939, App. 6/12/51; Ord. 147-90, Eff. 4/30/90) SEC. 551. MINORS SELLING, ETC., GOODS, ETC., IN CERTAIN PLACES PROHIBITED. No minor under the age of 18 years shall, for the purpose of selling, disposing of or offering for sale or disposal any goods, wares or merchandise or for the purpose of rendering any service to any person on or about said premises, enter any place or premises wherein alcoholic beverages are sold or dispensed for consumption at or upon said place or premises. (Added by Ord. 1.075, App. 10/11/38) SEC. 552. PROPRIETOR, ETC., NOT TO PERMIT SUCH MINOR TO ENTER, ETC. It shall be unlawful for the proprietor or other persons in charge of the place or premises referred to in Section 551 of this Article to permit a minor under the age of 18 years to enter said place or premises, or to remain therein, for the purpose of selling, or offering for sale any goods, wares or merchandise or for the purpose of rendering any service to any person in or about said premises. (Added by Ord. 1.075, App. 10/11/38) SEC. 553. EXCEPTION. The provisions of Sections 551 and 552 of this Article shall not apply to the sale, by minors under the age of 18 years, of goods, wares or merchandise, other than alcoholic beverages, at baseball games, football games and other like gatherings, where the sale or dispensing of alcoholic beverages for consumption upon the place or premises is only incidental to the exhibition or venture carried on or engaged in. (Added by Ord. 1.075, App. 10/11/38) SEC. 554. PROHIBITION OF SALE OF AEROSOL PAINT TO MINORS. It shall be unlawful: (a) 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 aerosol container six ounces or less (net weight of contents) containing any substance commonly known as paint, or containing any other opaque liquid capable of being propelled by the aerosol container. (b) For any person under the age of 18 years to have in his or her possession any aerosol container six ounces or less (net weight of contents) containing any substance commonly known as paint, or containing any other opaque liquid capable of being propelled by the aerosol container while upon public property or upon private property without the consent of the owner of such private property. (Added by Ord. 12-86, App. 1/17/86) SEC. 555. SALE OF PERMANENT MARKERS TO MINORS AND POSSESSION OF PERMANENT MARKERS BY MINORS WITHOUT SUPERVISION OR AUTHORIZATION PROHIBITED. (a) Sale to Minors Prohibited. It shall be unlawful for any person, firm or corporation, except a parent or legal guardian, to sell, exchange, give, loan or in any way furnish to any person under the age of 18 years any marker with a nib (marking tip) one-half inch or more at its largest dimension and that is capable of defacing property with permanent, indelible, or water proof ink, paint or other liquid. (b) Possession by Minors Without Supervision or Authorization Prohibited. It shall be unlawful for any person under the age of 18

years to have in his or her possession any permanent marker with a nib (marking tip) one-half inch or more at its largest dimension and that is capable of defacing property with permanent, indelible, or waterproof ink, paint or other liquid while: (i) upon public property, unless the minor is using the marker under the supervision of a teacher, parent or guardian, or (ii) upon private property without the consent of the owner of such private property. (Amended by Ord. 299-86, App. 7/11/86) Sec. 556. (Added by Ord. 136-88, App. 3/24/88; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004) Sec. 557. (Added by Ord. 213-88, App. 5/25/88; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004)