San Francisco County Municipal Code Art. 9 Miscellaneous Conduct Regulations

Sec. 585. Hitching Animals to or Injuring Lampposts, Hydrants, Etc., Prohibited. Sec. 602. Sale or Possession of Sling Shots or Toys Projecting Missiles by Air or Gas Prohibited. [1977 Water Conservation and Rationing Plan] Sec. 603. Findings. Sec. 603.1. Regulations in the Use of Water. Sec. 603.2. Removal of Flow Restricting Device. Sec. 603.3. Tampering With Water Meter. Sec. 603.4. Enforcement by Water Department Employees. Sec. 603.5. Violation. Sec. 603.6. Effective Period. [Miscellaneous Sale/Purchase/Possession Prohibitions] Sec. 605. Prohibiting Sale or Purchase of Lock-Opening Devices. Sec. 606. Persons in Possession of Graffiti or Etching Tools, Etching Cream or Slap Tags on Vehicles Operated by the San Francisco Municipal Transportation Agency. Sec. 607. Possession of Sling Shots or Metal Knuckles Prohibited. Sec. 608. Prohibiting Sale of Darts and Similar Weapons to Minors. Sec. 609. Prohibiting Possession of and Purchase by Minors of Darts and Similar Weapons. [Firearms and Ammunition] Sec. 613. Regulating Sale of Firearms. Sec. 613.1. Definitions. Sec. 613.2. Application Form and Background Check Requirements. Sec. 613.3. Denial of License. Sec. 613.4. Referral of Application to Other Departments. Sec. 613.5. Public Hearing Before Issuance of License. Sec. 613.6. Form of License. Sec. 613.7. Duration and Renewal of Licenses. Sec. 613.8. Nonassignability of License. Sec. 613.9. Security. Sec. 613.9.5. Findings. Sec. 613.10. License – Conditions. Sec. 613.10-1. Sale or Transfer of 50 Caliber Firearms and Cartridges Restricted. Sec. 613.10-2. Sale of Ultracompact Firearms Restricted. Sec. 613.10-3. Persons Prohibited from Purchasing Firearms Not Permitted on Licensees' Premises. Sec. 613.11. License – Grounds for Revocation. Sec. 613.12. Hearing on License Denial or Revocation. Sec. 613.13. License – Liability Insurance. Sec. 613.14. License – Authority to Inspect. Sec. 613.15. Compliance by Existing Dealers. Sec. 613.16. Temporary Suspension of License. Sec. 613.17. Delivery to Tax Collector.

Sec. 613.18. Rules and Regulations. Sec. 613.19. Penalties. Sec. 613.20. Severability. Sec. 614. Exceptions. Sec. 615. Records of Ammunition Sales. Sec. 616. Reporting the Loss or Theft of Firearms. Sec. 617. Prohibition Against Possession or Sale of Firearms or Ammunition on Property Controlled by the City and County of San Francisco. Sec. 618. Prohibited Ammunition. Sec. 619. Prohibition Against Possession of Large Capacity Magazines. Sec. 620. Unfinished Firearm Frames and Receivers; Manufacture or Assembly of Unserialized Firearms. [Miscellaneous Conduct] Sec. 622. Regulations to be Observed at Fires. Sec. 623. Public to Remain Outside Lines. Sec. 628. Coercion of Laborers For Political Purposes Prohibited. Sec. 630. Unauthorized Removal of Newspapers Prohibited. Sec. 633. Requiring Damaged Traffic Standards to be Reported to Chief of Police. Sec. 635. City and County Buildings and Grounds; Violations of Rules and Regulations Relating Thereto Prohibited. [Security Requirements] Sec. 636. Security Requirements New Construction. Sec. 636.1. Security Requirements Group H Occupancy Buildings. Sec. 636.2. Security Requirements Exterior Doors. Sec. 636.3. Penalties. Sec. 636.4. Enforcement Authority. Sec. 636.5. Retroactive Provisions. [Fire and Police Alarms; False Alarms; Rewards] Sec. 637. Discriminatory Reports to Law Enforcement. Sec. 638. Interference With Fire, Etc., Telegraph Systems Prohibited. Sec. 639. Making False Alarms Prohibited. Sec. 640. Reward. Sec. 641. Payment. Sec. 642. Ineligible Persons. Sec. 643. Publication of Offer. [Miscellaneous Conduct] Sec. 644. The Use, Sale or Possession of Balloons Inflated With Inflammable or Explosive Gases Prohibited. Sec. 645. Abandoning Refrigerator Equipped With Locking Devices Prohibited. Sec. 646. Penalty. Sec. 647. Unauthorized Removal of Shopping Carts; Notice, Exceptions. Sec. 648. Automatic Calling Devices – Use of Regulated. Sec. 649. Application for Permission to Install.

Editor's Note: The bracketed division headers in this Article have been provided by the editor as an aid for the user and are not official parts of the Code. SEC. 585. HITCHING ANIMALS TO OR INJURING LAMPPOSTS, HYDRANTS, ETC., PROHIBITED. It shall be unlawful for any person to hitch or fasten any animal to, or to place any placard or notice upon, or in anywise to injure any lamp post or hydrant, or any growing tree, upon any public street, or, without authority, to extinguish any public light. This Section shall not prohibit any person from fastening any dog on a leash to any lamp post, hydrant or growing tree. (Added by Ord. 1.075, App. 10/11/38; amended by Ord. 194-12 , File No. 120672, App. 9/17/2012, Eff. 10/17/2012)

SEC. 602. SALE OR POSSESSION OF SLING SHOTS OR TOYS PROJECTING MISSILES BY AIR OR GAS PROHIBITED. It shall be unlawful for any person, except for a peace officer authorized under California Penal Code Section 12600, to buy, sell, offer or expose for sale, barter or exchange, have in his possession or use any sling shot. It shall also be unlawful for any person to buy, sell, offer or expose for sale, barter or exchange, have in his possession or use any toy by which, whether used singly or in combination of units, missiles may be projected by force or compressed air, carbon dioxide, or any other chemical, gas, or other element, or combined thereof. Nothing in this section is intended to be inconsistent with Government Code Section 53071.5 or any successor statute regulating imitation firearms, BB guns or air rifles. (Amended by Ord. 4782, Series of 1939, App. 1/6/48; Ord. 260-04, File No. 031932, App. 11/4/2004) Editor's Note: See also the following Police Code provisions: · Sec. 607, Possession of Sling Shots or Metal Knuckles Prohibited. · Sec. 608, Prohibiting Sale of Darts and Similar Weapons to Minors. · Sec. 609, Prohibiting Possession of and Purchase by Minors of Darts and Similar Weapons. · Sec. 4507, Firearms and Projectile Weapons; Possession of by Minors. [1977 Water Conservation and Rationing Plan] SEC. 603. FINDINGS. Whereas, the Public Utilities Commission on March 22, 1977 has adopted a mandatory water conservation and rationing plan relating to the use of water from the San Francisco Water Department, this Board of Supervisors hereby declares that a water shortage condition prevails in the City and County of San Francisco due to conditions prevailing throughout the State of California and intends herewith to prohibit the usage of water which is wasteful during such water shortage condition to the end that sufficient water will be available for human consumption, sanitation and fire protection. The specific uses prohibited in Section 603.1 are nonessential, and if allowed would constitute a wastage of water. (Added by Ord. 221-77, App. 6/9/77)

It shall be unlawful for any person, firm, association, corporation, partnership or organization of any kind, with respect to water provided directly from the San Francisco Water Department through its facilities to: (a) Use a hose to wash motor vehicles, trailers, or boats except that automobiles and buses may be washed in commercial or fleet washing facilities using a water recycling system. (b) Use a hose to wash a building or structure or any part thereof. (c) Fill with water any existing or new swimming pool except that water may be added to existing swimming pools in order to maintain normal levels and to replace evaporation. (d) Clean or wash sidewalks, driveways, patios, parking lots, tennis courts, athletic fields covered with artificial surfaces and other hard- surfaced areas with water from hoses or by use of water directly from faucets or other water outlets. (e) Use water in such a manner which results in flooding or runoff in gutters, driveways or streets. (f) Use water to clean, fill or maintain water levels in decorative fountains.

(g) Serve water to a customer in a restaurant unless specifically requested by such customer. (Added by Ord. 221-77, App. 6/9/77)

No person, firm, association, corporation, partnership or organization of any kind shall remove any water flow restricting device installed by the San Francisco Water Department to control water use in excess of allotment on a customer service line. (Added by Ord. 221-77, App. 6/9/77)

No person, firm, association, corporation, partnership or organization of any kind shall tamper with, or alter in any manner a water meter or the water service line which connects a water main to a water meter of the San Francisco Water Department. (Added by Ord. 221-77, App. 6/9/77)

Pursuant to Section 836.5 of the Penal Code, San Francisco Water Department employees in the civil service classification of District Water Serviceman (Water Service Inspector) and Senior District Water Serviceman (Senior Water Service Inspector) shall have the duty to enforce Sections 603.1, 603.2 and 603.3 of the Article and are hereby authorized and empowered to arrest any person, firm, association, corporation, partnership or organization of any kind for violations of such sections of the Article. (Added by Ord. 221-77, App. 6/9/77)

(a) Any person, firm, association, corporation, partnership or organization of any kind who shall violate any of the provisions of Section 603.1 of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punished as follows:

Violation Penalty First violation $ 25.00 Second violation

100.00

(b) Any person, firm, association, corporation, partnership or organization of any kind who shall violate Sections 603.2 or 603.3 of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100. (Added by Ord. 221-77, App. 6/9/77)

The provisions of Sections 603.1, 603.2, 603.3 and 603.5 of this Article shall cease to be in full force and effect upon the cancellation by Public Utilities Commission of the mandatory water conservation plan adopted on March 22, 1977 by Resolution No. 77-0136. (Added by Ord. 221-77, App. 6/9/77)

[Miscellaneous Sale/Purchase/Possession Prohibitions] SEC. 605. PROHIBITING SALE OR PURCHASE OF LOCK-OPENING DEVICES. (a) No person, corporation or business shall sell, deliver or otherwise transfer, or offer for sale, delivery or transfer, any picklock, crow, keybit, or other such instrument or tool designed to open, break into, tamper with or damage any lock, knowing or having reason to believe that it is intended to be used to break or enter into any building, structure or vehicle or to commit any other unlawful act. (b) No person, corporation or business shall buy or otherwise receive any picklock, crow, keybit, or other such instrument or tool designed to open, break into, tamper with or damage any lock, with the intent to use the same to break into or enter into any building, structure or vehicle or to commit any other unlawful act. (c) Nothing in this Section shall prohibit the sale, delivery or transfer of any item proscribed in Subdivision (a) by any person, corporation or business lawfully engaged in the sale, manufacture or servicing of security products in the City and County of San Francisco. (d) Nothing in this Section shall prohibit the purchase or receipt of any item proscribed in Subdivision (b) by any: (i) Peace officer; (ii) Local, state or federal government employee; (iii) Person, corporation or business lawfully engaged in the sale, manufacture or servicing of security products in the City and County of San Francisco (including, but not limited to, locksmiths or alarm installers); or (iv) Person, corporation or business who demonstrates a lawful reason for the use of said items in its profession. (e) Any person, corporation or business selling, delivering or transferring, pursuant to Subdivision (c) of this Section, any item specified in Subdivision (a), shall obtain, on a form to be approved by the Chief of Police, together with the date of the purchase and the signature of the purchaser, the purchaser's: (i) Name; (ii) Address; (iii) Phone number; (iv) Driver's license or identification number, if any; and, (v) A list of the items purchased. A copy of each such order shall be retained by the seller for a period of one year, and shall be open to inspection by any peace officer during business hours. (f) Any person, corporation or business who violates any provision of this Section is guilty of an infraction. (Added by Ord. 486-83, App. 9/29/83) SEC. 606. PERSONS IN POSSESSION OF GRAFFITI OR ETCHING TOOLS, ETCHING CREAM OR SLAP TAGS ON VEHICLES OPERATED BY THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY. It shall be unlawful for any person to be in possession of graffiti or etching tools, etching cream or slap tags on any revenue transit operated by the San Francisco Municipal Transportation Agency if the person has been convicted of or pled guilty or no contest to a crime involving the vandalism, defacement or destruction of property including a violation of California Penal Code Sections 594, 640.5, or 640.6 within the last seven years. For purposes of this Section 606: (a) "Graffiti or etching tools" is defined as a masonry or glass drill bit, a glass cutter, a grinding stone, an awl, a chisel, a carbide scribe, an aerosol paint container, or 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. (b) "Etching cream" means any caustic cream, gel, liquid, or solution capable, by means of chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid. (c) "Slap tag" means any material including but not limited to, decals, stickers, posters, or labels which may be affixed upon any structural

component of any building, structure, post, pole, or other facility, which contains a substance commonly known as adhesive glue. (Added by Ord. 72-14 , File No. 140261, App. 5/23/2014, Eff. 6/22/2014) SEC. 607. POSSESSION OF SLING SHOTS OR METAL KNUCKLES PROHIBITED. It shall be unlawful for any person, firm or corporation to buy, sell, offer or expose for sale, barter, exchange, use or have the possession of any sling shot or metal knuckles. (Added by Ord. 1.075, App. 10/11/38) Editor's Note: See also the following Police Code provisions: · Sec. 602, Sale or Possession of Sling Shots or Toys Projecting Missiles by Air or Gas Prohibited. · Sec. 608, Prohibiting Sale of Darts and Similar Weapons to Minors. · Sec. 609, Prohibiting Possession of and Purchase by Minors of Darts and Similar Weapons. · Sec. 4507, Firearms and Projectile Weapons; Possession of by Minors. SEC. 608. PROHIBITING SALE OF DARTS AND SIMILAR WEAPONS TO MINORS. It shall be unlawful for any person to sell, offer for sale, barter or exchange, or suffer, permit, authorize or allow any sale, barter or exchange, to minors under the age of 16 years of any darts or other pointed missile type weapons intended to be thrown by hand. (Added by Ord. 218-58, App. 4/23/58) Editor's Note: See also the following Police Code provisions: · Sec. 602, Sale or Possession of Sling Shots or Toys Projecting Missiles by Air or Gas Prohibited. · Sec. 607, Possession of Sling Shots or Metal Knuckles Prohibited. · Sec. 609, Prohibiting Possession of and Purchase by Minors of Darts and Similar Weapons. · Sec. 4507, Firearms and Projectile Weapons; Possession of by Minors. SEC. 609. PROHIBITING POSSESSION OF AND PURCHASE BY MINORS OF DARTS AND SIMILAR WEAPONS. It shall be unlawful for any minor under the age of 16 years to purchase, buy, or possess any darts or other pointed missile type weapons intended to be thrown by hand. Nothing in this Section shall prohibit the possession of dart games or similar type games in the home or by owners and operators of places of public amusement. (Added by Ord. 218-58, App. 4/23/58) Editor's Note: See also the following Police Code provisions: · Sec. 602, Sale or Possession of Sling Shots or Toys Projecting Missiles by Air or Gas Prohibited. · Sec. 607, Possession of Sling Shots or Metal Knuckles Prohibited. · Sec. 608, Prohibiting Sale of Darts and Similar Weapons to Minors. · Sec. 4507, Firearms and Projectile Weapons; Possession of by Minors. SECS. 610 through 610.8.

(Added by Ord. 175-68, App. 7/2/68; repealed by Ord. 329-00, File No. 001924, App. 12/28/2000) [Firearms and Ammunition] Editor's Note: See also the following Police Code provisions: · Art. 14, Secs. 840 et seq., Miscellaneous Regulations for Professions and Trades (relating to carrying firearms). · Art. 35, Firearm Strict Liability Act. · Art. 36, Prohibiting the Carrying of a Firearm While under the Influence of an Alcoholic Beverage or Drug, or Possession of a Firearm While upon Public Premises Selling or Serving Alcoholic Beverages. · Art. 36A, Sale, Manufacture, and Distribution of Firearms and Ammunition; Possession of Handguns. · Art. 36B, Storage of Firearms in Motor Vehicles. · Art. 45, Firearms and Weapons Violence Prevention Ordinance. SEC. 613. REGULATING SALE OF FIREARMS. It shall be unlawful for any person, firm, corporation or dealer engaging in the business of selling, leasing or otherwise transferring any firearm, firearms ammunition, or firearms ammunition component to sell, lease or otherwise transfer any firearm, firearms ammunition or firearms ammunition component without first having obtained a license from the San Francisco Police Department. The Department shall make available application forms requiring applicants to provide the information set forth in Section 613.2, and shall collect a nonrefundable application fee from each applicant. The Chief of Police shall recommend to the Board of Supervisors, on or before April 1, 1994, a fee which shall be sufficient to recover all costs associated with regulating the sale of firearms under this Article, including but not limited to, processing applications, monitoring licensees, and enforcing the provisions of this Article. The fee shall be set by the Board of Supervisors. (Amended by Ord. 407-86, App. 10/3/86; Ord. 91-94, App. 2/25/94; Ord. 290-95, App. 9/1/95; Ord. 260-04, File No. 031932, App. 11/4/2004)

(a) "Firearm" shall mean any device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion. (b) "Firearm ammunition" shall mean any cartridge or encasement containing a bullet or projectile, propellent or explosive charge, and a primer which is used in the operation of a firearm. (c) "Firearm ammunition component" shall mean any cartridge or encasement, bullet or projectile, primer or propellent or explosive material used in the manufacture of ammunition. (d) "Firearm capable of being concealed upon the person" shall mean any such firearm as defined in California Penal Code Section 12001(a). (e) "Transfer" shall include, but shall not be limited to, the redemption of a pawned or pledged firearm by any individual including the individual who pawned or pledged the firearm. (f) "Ultracompact firearm" shall mean any pistol, revolver, handgun or other firearm that is 6.75 inches or less in length or 4.5 inches or less in height, measured with the magazine detached, but shall not include any such firearm that is an unsafe handgun defined by Section 12126 of the California Penal Code. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 225-96, App. 6/7/96; Ord. 283-96, App. 7/3/96, Eff. 1/1/97; Ord. 131-99, File No. 990493, App. 5/28/99; Ord. 62-00, File No. 000197, App. 4/14/2000; Ord. 242-00, File No. 000950, App. 10/27/2000; Ord. 260-04, File No. 031932, App. 11/4/2004)

(a) The application for a license to engage in the business of selling, leasing or otherwise transferring any firearm, firearms ammunition, or firearms ammunition component shall be signed under penalty of perjury and shall set forth: (1) The name, age and address of the applicant, as well as the name, age and address of all persons who will have access to or control of workplace firearms, firearm ammunition, or firearm ammunition components, including but not limited to, the applicant's employees, agents and or supervisors, if any; (2) The address of the location for which the license is required, together with the business name of such location, if any; (3) All convictions of the applicant for any of the offenses listed in Section 613.3(e); (4) All information relating to licenses or permits relating to firearms or other weapons sought by the applicant from other jurisdictions, including, but not limited to date of application and whether each such application resulted in issuance of a license; (5) All information relating to revocations of licenses or permits relating to firearms, including but not limited to date and circumstances of revocation; (6) Applicant's agreement to indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, costs, damages and liabilities of any kind, arising in any manner out of the applicant's negligence or intentional or wilful misconduct; (7) Applicant's understanding that the City shall have the right to enter the building designated in the license from time to time during regular business hours to make reasonable inspections and to investigate and enforce compliance with building, mechanical, fire, electrical, plumbing, or health regulations, provisions of this Article, and all other applicable federal, state, and local laws. (b) Each application must be accompanied by evidence that the applicant has satisfied the insurance requirements stated in Section 613.13 of this Article. (c) All persons listed on the application form as having access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components shall obtain a certificate of eligibility under Penal Code Section 12071 from the state Department of Justice. A copy of the certificate of eligibility for each such person shall be submitted with the application. (d) The Chief of Police shall conduct a criminal history background check on the applicant and on all other persons listed on the application form as having access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components, including but not limited to, the applicant's employees, agents and/or supervisors, if any, and shall determine whether such persons have been convicted of any offenses described in subsection (e) of Section 613.3, or are among the persons described in subsections (f) or (g) of Section 613.3. Where the Chief of Police determines that one or more of the applicants, employees, agents or supervisors have been convicted of an offense described in subsection (e) of Section 613.3, or are among the persons described in subsections (f) or (g) of Section 613.3, the applicant shall have 21 days from the mailing of written notification from the Chief of Police to provide evidence in a form acceptable to the Chief of Police that such persons have been removed or reassigned so that they no longer have access to or control of workplace firearms, firearm ammunition, or firearm ammunition components. In the event that an applicant fails to comply with this subsection, the Chief of Police shall deny the license. (e) As used in this Section, the term "applicant" when the applicant is other than a natural person shall include any officer, director, employee or agent of the applicant who has access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components. (Amended by Ord. 407-86, App. 10/3/86; Ord. 91-94, App. 2/25/94; Ord. 260-04, File No. 031932, App. 11/4/2004)

The Chief of Police shall deny the issuance or renewal of a license when any of the following conditions exist: (a) The applicant is under the age of 21 years. (b) The applicant is not licensed as required by all applicable federal, State and local laws. (c) The applicant has had a firearms license previously revoked or denied for good cause within the immediately preceding two years. (d) The applicant has made a false or misleading statement of a material fact, or omission of a material fact, in the application for a license. If a license is denied on this ground, the applicant shall be prohibited from reapplying for a license for a period of two years. (e) The applicant has been convicted of: (1) Any offense so as to disqualify the applicant from owning or possessing a firearm under applicable federal, State, and local laws, including but not limited to the offenses listed in California Penal Code Section 12021; (2) Any offense relating to the manufacture, sale, possession, use, or registration of any firearm or dangerous or deadly weapon; (3) Any offense involving the use of force or violence upon the person of another; (4) Any offense involving theft, fraud, dishonesty, or deceit, including but not limited to any of the offenses listed in Title 7 (Crimes Against Public Justice) and title 13, Chapters 4 (Forgery and Counterfeiting), 5 (Larceny), 6 (Embezzlement), 7 (Extortion), 8 (False Personation), 13 and 14 (Fraud) of the California Penal Code;

(5) Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read. (f) The applicant is within the classes of persons defined in California Welfare and Institutions Code Sections 8100 or 8103. (g) The applicant is (1) currently, or has been within the past two years, an unlawful user of any controlled substance as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read; or (2) an excessive user of alcohol, to the extent that such use would impair his or her fitness to be a dealer in firearms. (h) The operation of the business as proposed would not comply with all applicable federal, State, and local laws. (i) The applicant, or an officer, employee, or agent thereof, proposes to operate in the following locations: (1) Within any RH, RM, RC, NC or RED zoning district, or within 1,000 feet of the exterior limits of any such district; (2) Within 1,000 feet of a public or private day care center or day care home, or within 1,000 feet of any elementary, junior high or high school whether public or private; (3) On or within 1,500 feet of the exterior limits of any other premises used as a place of business by a dealer in firearms; (4) Within 1,000 feet of a community center, church, neighborhood center, recreational center, whether public or private, where regularly scheduled activities are conducted for people under 18 years of age. (j) The applicant, or an officer, employee or agent thereof does not have, and/or cannot provide evidence of a possessory interest in the property at which the proposed business will be conducted. (k) Any other ground for denial exists under any applicable provision of federal, State or local law. (l) The applicant fails to comply with the requirements of subsections (c) or (d) of Section 613.2. As used in this Section, the term "applicant" when the applicant is other than a natural person shall include any officer, director, employee or agent of the applicant who has access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 322-96, App. 8/8/96; Ord. 260-04, File No. 031932, App. 11/4/2004)

Upon receiving an application that is not rejected for one of the reasons stated in Section 613.3, the Police Department shall refer the application to the Bureau of Building Inspection, the Fire Department, and the City Planning Department, which departments shall inspect the premises to be used for the sale of concealable firearms and shall report to the Police Department concerning compliance with the codes they administer, and compliance with this Article. (Added by Ord. 161-75, App. 4/23/75; amended by Ord. 91-94, App. 2/25/94)

When an application is filed for a license under this Article, and the application is not denied for one of the reasons stated in Section 613.3, the Police Department shall fix a time and place for a public hearing regarding the application. Not less than 10 days before the date of such hearing, the Police Department shall cause to be posted a notice of such hearing in a conspicuous place on the property in which the proposed business is to be operated and the applicant shall maintain said notice as posted until the day following the hearing. (Added by Ord. 161-75, App. 4/23/75; amended by Ord. 91-94, App. 2/25/94)

All licenses issued pursuant to this Article shall be in the form prescribed by the Attorney General of the State of California. (Added by Ord. 91-94, App. 2/25/94)

All licenses issued pursuant to this Article shall expire one year after the date of issuance; provided, however, that such licenses may be renewed by the Chief of Police for additional periods of one year upon the approval of an application for renewal by the Chief of Police and payment of the renewal fee. Such renewal application shall set forth the information listed in Section 613.2 and must be received by the Chief of Police, in completed form, no later than 45 days prior to the expiration of the current license. (Added by Ord. 91-94, App. 2/25/94)

The assignment or attempt to assign any license issued pursuant to this Article is unlawful and any such assignment or attempt to assign a license shall render the license null and void. (Added by Ord. 91-94, App. 2/25/94)

In addition to any other provisions of this Article, any circumstances constituting grounds for denial of a license shall also constitute grounds for revocation of a license. (Added by Ord. 91-94, App. 2/25/94)

(a) Any person whose application for a license under this Article has been denied, or whose license has been revoked pursuant to the provisions of this Article, shall have the right to a hearing before the Chief of Police or his or her designee prior to final denial or prior to revocation. (b) The Chief of Police shall give the applicant or licensee written notice of the intent to deny the application or to revoke the license. The notice shall set forth the ground or grounds for the Chief of Police's intent to deny the application or to revoke the license, and shall inform the applicant or licensee that he or she has 10 days from the date of mailing of the notice to file a written request for a hearing. The application may be denied or the license revoked if a written hearing request is not received within the 10-day period. (c) If the applicant or licensee files a timely hearing request, the Chief of Police shall set a time and place for the hearing. All parties involved shall have the right to (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross examine any witnesses against them. If the hearing is before a designee of the Chief of Police, the designee shall make a written recommendation following the hearing regarding whether an application should be denied or a license revoked. The decision of the Chief of Police whether to deny the application or revoke the license shall be appealable to the Board of Appeals, at which proceeding the Chief shall have the burden of proof to justify his decision. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)

No license shall be issued or reissued pursuant to this Article unless there is in full force and effect a policy of insurance in such form as the City Attorney and the City's Risk Manager deem proper, executed by an insurance company approved by the City's Risk Manager, whereby the applicant or licensee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer or lease, or advertising for sale, transfer or lease, or offering or exposing for sale, transfer or lease, of any firearm, firearm ammunition or firearm ammunition component. The minimum liability limits shall not be less than $1,000,000 for damage to or destruction of property in any one incident, and $1,000,000 for the death or injury to any one person; provided, however, that additional amounts may be required by the City Attorney or City's Risk Manager if deemed necessary to protect the interests of the City and its residents. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the City, address in care of the Chief of Police, 850 Bryant Street, San Francisco, California, 94103, at 30 days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name the City, its officers, agents, and employees as additional insureds. In addition, applicants and licensees shall agree in writing that they shall indemnity, defend, and hold harmless the City, its officers, agents, and employees, from claims arising out of the negligence or the intentional or wilful misconduct of the applicant or licensee. (Added by Ord. 91-94, App. 2/25/94)

Any and all investigating officials of the City shall have the right to enter the building designated in the license from time to time during regular business hours to make reasonable inspections and to observe and enforce compliance with building, mechanical, fire, electrical, plumbing, or health regulations, and provisions of this Article. A police investigator may conduct compliance inspections to insure conformance with all federal, state, and local laws, and all provisions of this Article. (Added by Ord. 91-94, App. 2/25/94)

Any person engaging in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm, firearm ammunition, or firearm ammunition component on the effective date of this Article, or any amendments thereto, shall have a period of 60 days after such effective date to comply with the provisions of this Article, or any amendments thereto. In addition, any person who possesses as of February 1, 1994, a permit or license issued by the San Francisco Police Department to engage in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm, firearm ammunition, or firearm ammunition component, shall not be required to comply with the requirements of Section 613.3(i)(1), (2) and (3) of this Article. (Added by Ord. 91-94, App. 2/25/94)

(a) If the Chief of Police has reason to believe that a licensee has (1) violated any federal, state or local law relating to the sale, lease, transfer, use or possession of firearms, firearm ammunition or firearms ammunition components, or (2) has committed any of the offenses set forth in Section 613.3(e), the Chief of Police may immediately suspend for a period not to exceed three days the right of the licensee to sell, lease or otherwise transfer firearms, firearm ammunition or firearm ammunition components. However, if the licensee is charged by a federal, state, or local prosecuting attorney with a violation of any such law the Chief of Police may suspend such license until the charges are dismissed or the licensee is found not guilty in a court of law. If the Chief of Police suspends a license pursuant to this provision, the licensee shall be provided an opportunity to present evidence to the Chief or his or her designee that the pending charges are without legal merit. The Chief's decision regarding whether to suspend a license pending the outcome of such charges shall be appealable to the Board of Appeals, at which proceeding the Chief shall have the burden of proof to justify his decision. (b) Notice of suspension shall be mailed to the person(s) who applied for the license and shall be delivered to the address listed on the license. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)

Upon granting said license, the Police Department shall forward said license to the Tax Collector who shall issue said license to the applicant upon payment of the license fee, payable in advance. (Amended by Ord. 555-81, App. 11/12/81; Ord. 91-94, App. 2/25/94)

The Chief of Police is hereby authorized to promulgate such rules and regulations after noticed hearing as will enable the Police Department to effectuate the purposes of this ordinance. Failure to comply with such rules and regulations, or with any other requirements imposed by this ordinance, shall constitute grounds for revocation of licenses issued hereunder. (Added by Ord. 407-86, App. 10/3/86; amended by Ord. 91-94, App. 2/25/94)

Any person violating any provision of this Article shall be guilty of a misdemeanor or an infraction unless a penalty is otherwise specified. 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 of not more than $100 for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $500 or more than $1,000 for each provision violated or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. 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 or subsequent time within a 10-year period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 and not more than $1,000 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

(Added by Ord. 91-94, App. 2/25/94; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)

If any section, subsection, paragraph, sentence or word of this Article is deemed to be invalid or beyond the authority of the City and County of San Francisco, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this Article, and the application thereof; and to that end the section, subsections, paragraphs, sentences and words of this Article shall be deemed severable. (Added by Ord. 91-94, App. 2/25/94) SEC. 614. EXCEPTIONS. Sections 613 to 613.20 inclusive, of this Article, shall not apply to wholesale dealers in their business intercourse with retail dealers, nor to wholesale or retail dealers in the regular or ordinary transport of unloaded firearms as merchandise to other wholesale or retail dealers by mail, express or other mode of shipment to points outside the City and County of San Francisco. (Amended by Ord. 407-86, App. 10/3/86; Ord. 260-04, File No. 031932, App. 11/4/2004) SEC. 615. RECORDS OF AMMUNITION SALES. (a) Definitions. As used in this Section 615, these terms shall have the following meanings: (1) "Firearm ammunition" shall include any ammunition for use in any pistol or revolver, or semiautomatic rifle or assault weapon, but shall not include ammunition for shotguns that contains shot that is No. 4 or smaller. (2) "Semiautomatic rifle" shall mean any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. (3) "Assault weapon" shall mean any of the weapons designated in California Penal Code Section 12276 or 12276.1. (4) "Vendor" shall mean any person located in the City and County of San Francisco who is engaged in the sale of firearm ammunition, including any retail firearms dealer. (5) "Remote Vendor" shall mean any person engaged in the sale of firearm ammunition, including any retail firearms dealer, who is located outside the City and County of San Francisco but delivers or causes to be delivered firearm ammunition to an address within the City and County of San Francisco. (b) No Vendor or Remote Vendor engaging in a transaction for delivery to an address in the City and County of San Francisco shall sell or otherwise transfer ownership of any firearm ammunition without at the time of purchase recording the following information on a form to be prescribed by the Chief of Police: (1) the name of the Vendor or Remote Vendor (including the name of the specific individual) transferring ownership to the transferee; (2) the place where the transfer occurred; in the case of a Remote Vendor, the place of transfer shall be the origin of the shipment; (3) the date and time of the transfer; a Remote Vendor shall record the date and time of the shipment; (4) the name, address and date of birth of the transferee; (5) the transferee's driver's license number, or other identification number, and the state in which it was issued; (6) the brand, type and amount of ammunition transferred; and (7) the transferee's signature and thumbprint. (c) Any Vendor or Remote Vendor who sells or otherwise transfers any firearm ammunition, where the transaction occurs within the City and County of San Francisco or the firearm ammunition is ordered for delivery to an address within the City and County of San Francisco, shall be subject to the reporting requirement of this subsection (c). On a weekly basis, the Vendor or Remote Vendor shall report the transactions for the previous week to the Chief of Police or his or her designee by electronic mail or by such other means specified by the Chief of Police or his or her designee. The report shall contain the same information required under subsection (b) for each transaction. (d) No Vendor or Remote Vendor shall knowingly make a false entry in, or fail to make a required entry in, records prepared in accordance with subsection (b). No Vendor or Remote Vendor shall fail to submit the report required under subsection (c) in a timely manner, or knowingly include false information in such report. A Vendor or Remote Vendor must maintain the records required under

subsection (b) on the premises for a period of not less than two years from the date of the recorded transfer. Said records shall be subject to inspection by the Police Department at any time during normal business hours. (e) Penalties. (1) First Conviction. Any person violating any provision of this Section shall be guilty of an infraction. Upon conviction of the infraction, the violator shall be punished by a fine of not less than $50 nor more than $100. (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 90-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $400 for each provision violated, or by imprisonment in the County Jail for a period of not more than six 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 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 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (f) 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. The Board of Supervisors hereby declares that it would have adopted this Section notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words. (Added as Sec. 618 by Ord. 328-95, App. 10/20/95; redesignated and amended by Ord. 260-04, File No. 031932, App. 11/4/2004; amended by Ord. 37-13 , File No. 130039, App. 3/13/2013, Eff. 4/12/2013; Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013; Ord. 190-15 , File No. 150912, App. 11/10/2015, Eff. 12/10/2015) (Former Sec. 615 amended by Ord. 407-86, App. 10/3/86; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004) SEC. 616. REPORTING THE LOSS OR THEFT OF FIREARMS. (a) Any person that owns or is otherwise in possession of a firearm shall report the theft or loss of such firearm to the San Francisco Police Department within 48 hours of becoming aware of the theft or loss whenever (1) the owner resides in San Francisco, or (2) the theft or loss of the firearm occurs in San Francisco. (b) The failure of an owner or person in possession of a firearm to report the theft or loss of the firearms within 48 hours of when the owner or person in possession becomes aware or should have become aware of the theft or loss shall be punishable in accordance with Section 613.19. (c) The failure of an owner or person in possession of a firearm to report the theft or loss of the firearms in a timely manner shall create a rebuttable presumption that the owner or person remains in possession of the firearm. (Added by Ord. 260-04, File No. 031932, App. 11/4/2004; amended by Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013 ) (Former Sec. 616 added by Ord. 1.075, App. 10/11/38; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004) SEC. 617. PROHIBITION AGAINST POSSESSION OR SALE OF FIREARMS OR AMMUNITION ON PROPERTY CONTROLLED BY THE CITY AND COUNTY OF SAN FRANCISCO. A. Legislative Findings. (1) The national and statewide statistical information available from numerous sources overwhelmingly demonstrates that the incidence of gunshot fatalities and injuries has reached alarming and thus, unacceptable proportions; and (2) Government at all levels has a substantial interest in protecting the people from those who acquire guns illegally and use them to commit crimes resulting in injury or death of their victims; and (3) Recent events throughout the City and County have generated additional fears of random usage of guns to commit violence on unsuspecting residents, children and adults alike; and (4) The Board of Supervisors finds that crimes and injuries committed with the use of a firearm are prevalent in San Francisco, with local statistics showing an increase in homicides by use of a gun increasing from 39 gun homicides out of 63 total homicides in 2001, which is a 63 percent increase, to 68 gun homicides out of 85 total homicides in 2006, which is an 80 percent increase. Local statistics also show that San Francisco Police Department has seized 1,158 guns in 2005, and 1,104 guns in 2006. In 2007, there have already been 25 gun homicides. (5) In the City and County of San Francisco, the number of nonfatal injuries from guns has steadily increased. While, in 2001, 81

patients were admitted to SF General Trauma Center for serious injuries resulting from gun shots, the number of patients admitted for serious injuries rose to 228 by 2006. Similarly, the total number of shootings that resulted in nonfatal injuries documented by SFPD was 269 in 2005, 303 in 2006, and in 2007 this number has already reached 105 by May 10; and (6) Gun crimes in and around schools and on buses carrying students to and from school have become increasingly common; and (7) In 2003 and 2004, 52 percent of the City's gun violence victims were under the age of 25. (8) Homicides committed with handguns are the leading cause of firearms related injuries and death in California; and (9) The widespread availability of illegally obtained firearms has resulted in a significant rise in the number of shooting incidents across the County; and (10) The Board of Supervisors has authority over the management and control of City and County property, and it may regulate, by ordinance, the manner in which the property of the City and County is accessed and used by members of the public; and (11) Prohibiting the possession or sale of firearms and/or ammunition on City and County property will promote the public health and safety by contributing to the reduction in the presence of firearms and the potential for gunshot fatalities and injuries in the county. It will increase the confidence of members of the public that they are not at risk of injury from firearms when they seek to use the property and facilities of the City and County. In particular, this Board of Supervisors finds that an enormous number of the general public utilizes the parks, playgrounds and squares of San Francisco. This Board finds that prohibiting the possession or sale of firearms and ammunition on City and County property will help to ensure the safety of the general public and specifically children who are among the most vulnerable in our society; and (12) The California Supreme Court has ruled that State Law does not preempt local laws banning the possession and sale of firearms and ammunition on their property. In Nordyke v. King (2002) 27 Cal.4th 875, the Supreme Court upheld an Alameda County ordinance banning the possession of firearms and ammunition on county owned property and in Great Western v. County of Los Angeles (2002) 27 Cal.4th 853, the Supreme Court upheld a Los Angeles County Ordinance prohibiting all sales of firearms and ammunition on county property. These rulings uphold the legal ability of the Board of Supervisors to ban the possession and sale of firearms and ammunition on City and County property. B. Legislative Intent. With passage of this ordinance, the City and County seeks to ensure that its property and facilities are used in a manner consistent with promoting the health, safety and welfare of all of its residents. C.1 Definitions. (1) City and County Property. (a) As used in this section, the term "City property" means real property, including any buildings thereon, owned or leased by the City and County of San Francisco (hereinafter "City"), and in the City's possession or in the possession of a public or private entity under contract with the City to perform a public purpose including but not limited to the following property: recreational and park property including but not limited to Golden Gate Park, the San Francisco zoo, Hilltop Park and San Francisco's parks and playgrounds, plazas including but not limited to United Nations Plaza and Hallidie Plaza, community centers such as Ella Hill Hutch Community Center, and property of the Department of Recreations and Parks, the Port, and the Public Utilities Commission. (b)2 The term "City property" does not include any "local public building" as defined in Penal Code Section 171b(c), where the state regulates possession of firearms pursuant to Penal Code Section 171b. (c) The term "City property" also does not include the public right-of-way owned by the City and County of San Francisco including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, and ways within the City or any property owned by the City that is outside the territorial limits of the City and County of San Francisco. (2) Firearms. As used in this section the term "firearm" is any gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. "Firearm" does not include imitation firearms or BB guns and air rifles as defined in Government Code Section 53071.5. (3) Ammunition. "Ammunition" is any ammunition as defined in California Penal Code Section 12316(b)(2). C.1 Possession or Sale of Firearms or Ammunition on County Property Prohibited. No person shall: (1) Bring onto or possess on county property a firearm, loaded or unloaded, or ammunition for a firearm. (2) Sell on county property a firearm, loaded or unloaded, or ammunition for a firearm. D. Exceptions, Ban on Possession. Section C.(1)1 above shall not apply to the following: (1) A peace officer, retired peace officer or person assisting a peace officer when authorized to carry a concealed weapon under Penal Code Section 12027(a) or a loaded firearm under Penal Code Section 12031(b)(1) and under 18 U.S.C. 926B or 926C. (2) Members of the armed forces when on duty or other organizations when authorized to carry a concealed weapon under Penal Code Section 12027(c) or a loaded firearm under Penal Code Section 12031(b)(4). (3) Military or civil organizations carrying unloaded weapons while parading or when going to and from their organizational meetings when authorized to carry a concealed weapon under Penal Code Section 12027(d). (4

when on duty or other organizations when authorized to carry a concealed weapon under Penal Code Section 12027(c) or a loaded firearm under Penal Code Section 12031(b)(4). (3) Military or civil organizations carrying unloaded weapons while parading or when going to and from their organizational meetings when authorized to carry a concealed weapon under Penal Code Section 12027(d). (4) Guards or messengers of common carriers, banks and other financial institutions when authorized to carry a concealed weapon under Penal Code Section 12027(e) and armored vehicle guards when authorized to carry a loaded weapon under Penal Code Section 12031(b)(7).

(5) Persons who are at a target range. (6) Honorably retired Federal officers or agents of Federal law enforcement agencies when authorized to carry a concealed weapon under Penal Code Section 12027(i) or a loaded weapon under Penal Code Section 12031(b)(8). (7) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligation under State Law. (8) Patrol special police officers, animal control officers or zookeepers, and harbor police officers, when authorized to carry a loaded firearm under Penal Code Section 12031(c). (9) A guard or messenger of a common carrier, bank or other financial institution; a guard of a contract carrier operating an armored vehicle; a licensed private investigator, patrol operator or alarm company operator; a uniformed security guard or night watch person employed by a public agency; a uniformed security guard or uniformed alarm agent; a uniformed employee of private patrol operator or private investigator when any of the above are authorized to carry a loaded firearm under Penal Code Section 12031(d). (10) Any authorized participant in a motion picture, television or video production or entertainment event when the participant lawfully uses a firearm as part of that production or event. E. Exception, Ban on Sale. Section C.(2)1 above shall not apply to the following: (1) Purchase or sale of a firearm or ammunition for a firearm by a federal, state or local law enforcement agency or by any other Federal, State or local governmental entity. (2) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligation under state law. (3) Sale of ammunition at a target range for use at the target range. F. Penalty for Violation. Any person who violates any of the provisions of this Section 617(c)3 shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment in the county jail not to exceed six months, or by both. G. Severability. If any provision, clause or word of this Section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision, clause, word or application of this Section which can be given effect without the invalid provision, clause or word, and to this end the provisions of this chapter are declared to be severable. (Added by Ord. 194-07, File No. 070682, App. 8/1/2007) CODIFICATION NOTES

1. As enacted by Ord. 194-07, this section includes two divisions designated "C.," both of which have subdivisions designated "(1)" and "(2)." The first division "C." includes definitions; the second includes prohibitions relating to sales and possession.
2. As enacted by Ord. 194-07, the second and third paragraphs of this division are undesignated. The codifier added the designations "(b)" and "(c)."
3. So in Ord. 194-07. SEC. 618. PROHIBITED AMMUNITION. (a) Definition. For purposes of this Section, "Prohibited Ammunition" shall mean: (1) Ammunition sold under the brand name "Winchester Black Talon," or that has physical properties resulting in ballistics performance identical to ammunition presently or formerly sold under the brand name Winchester Black Talon; or, (2) Ammunition designated by its manufacturer for purchase by law enforcement or military agencies only, unless other ammunition is available to the general public that has physical properties resulting in ballistics performance identical to such ammunition. (b) Possession Prohibited; Exceptions. No person, firm, corporation or other entity may possess Prohibited Ammunition within the City and County of San Francisco, except that this subsection shall not apply to the otherwise-lawful possession of Prohibited Ammunition by the following: (1) Peace officers in possession of Prohibited Ammunition issued to them by their employing agency; (2) Federal law enforcement officers or other federal employees in possession of Prohibited Ammunition issued to them by their employing agency; (3) Members of the armed forces of the United States in possession of Prohibited Ammunition issued to them by the military agency to which they belong; (4) Patrol special police officers, animal control officers or zookeepers, harbor police officers, sheriff's security officers, or police security officers in possession of Prohibited Ammunition issued to them by their employing agencies; or, (5) Businesses licensed as firearms dealers under this Article in possession of Prohibited Ammunition for sale to law enforcement and military agencies. Agencies employing persons listed in subsection (b)(4) are considered law enforcement agencies for purposes of this Section.

(c) Sale or Transfer. No business licensed as a firearm dealer under this Article may sell, lease or otherwise transfer Prohibited Ammunition except to law enforcement and military agencies. (d) Police Database. The San Francisco Police Department shall prepare or cause to be prepared a public database of brands and product lines of ammunition meeting the definition of "Prohibited Ammunition" in subsection (a). Failure of the Police Department to create or maintain such a database, or the omission from the database of a particular brand or product line of ammunition otherwise qualifying as "Prohibited Ammunition," under subsection (a), shall not be a defense to or otherwise excuse a violation of this Section. (e) Penalty. Violation of any of the provisions of this Section is a misdemeanor and upon conviction the violator may be punished by a fine not to exceed $1,000.00 or by imprisonment in the county jail not to exceed six months, or by both. (f) Severability. If any provision, clause or word of this Section 618 or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision, clause, word or application of this Section which can be given effect without the invalid provision, clause or word, and to this end the provisions of this Section are declared to be severable. (Added by Ord. 38-13 , File No. 130040, App. 3/13/2013, Eff. 4/12/2013) (Former Sec. 618 added by Ord. 328-95, App. 10/20/95; renumbered as Sec. 615 and amended by Ord. 260-04, File No. 031932, App. 11/4/2004) SEC. 619. PROHIBITION AGAINST POSSESSION OF LARGE CAPACITY MAGAZINES. (a) Findings. (1) In 2007, 3,231 people died from firearm-related injuries in California, and 4,491 other people were treated for non-fatal gunshot wounds. (2) The ability of an automatic or semiautomatic firearm to fire multiple bullets without reloading is directly related to the capacity of the firearm's feeding device or "magazine." Inside the magazine, a spring forces the cartridges into position to be fed into the chamber by operation of the firearm's action. (3) Magazines with a capacity of more than 10 rounds of ammunition are generally considered to be "large capacity" magazines, although the statutory definitions vary. In some cases, large capacity magazines can hold up to 100 rounds of ammunition. Other types of firearms, in contrast, are generally capable of holding far less ammunition: for example, revolvers typically hold six rounds of ammunition in a rotating cylinder. (4) Although detachable large capacity magazines are typically associated with machine guns or semiautomatic assault weapons, such devices are available for any semiautomatic firearm that accepts a detachable magazine, including semiautomatic handguns. (5) The ability of large capacity magazines to hold numerous rounds of ammunition significantly increases the lethality of the automatic and semiautomatic firearms using them. (6) Large capacity magazines were used in a number of recent high-profile shootings, including: The shooting on the campus of Virginia Tech on April 16, 2007, where 32 people were killed and many others wounded, The shooting in a gym in Pittsburgh on August 4, 2009, where three people were killed and nine others injured. The shooting on November 5, 2009 at Fort Hood, Texas, where 13 people were killed and 34 more were wounded. The shooting on January 8, 2011, at Tucson, Arizona, where 6 people were killed and 13 people were injured, including a member of the United States House of Representatives, and The shootings on December 14, 2012, at Newtown, Connecticut, where 27 people (not including the shooter) were killed. (7) Large capacity magazines have also been used against San Francisco police officers, including a recent incident at India Basin Shoreline Park, where undercover police officers were targeted with semiautomatic pistols containing 30-round magazines. Prohibiting large capacity magazines serves police safety by requiring perpetrators to pause to reload their firearms more frequently, giving police officers greater opportunity to apprehend them. (8) Large capacity magazine bans reduce the capacity, and thus the potential lethality, of any firearm that can accept a large capacity magazine. (9) Large capacity magazines are not necessary for individuals to vindicate their right to self-defense. Only in an extraordinarily rare circumstance would a person using a firearm in self-defense ever be required to use a large capacity magazine to defend himself or herself effectively. This is particularly true in an urban center like San Francisco, where law enforcement can and does respond quickly to threats and incidents. Conversely, the dangers of large capacity magazines are heightened in dense urban areas like San Francisco. (10) In 1994, in recognition of the dangers posed by these devices, Congress adopted a law prohibiting the transfer and possession of large capacity magazines as part of the federal assault weapon ban. That law was filled with loopholes, however. (11) The federal law was enacted with a sunset clause, providing for its expiration after ten years. Despite overwhelming public support for the law, Congress allowed the federal ban to expire on September 13, 2004. (12) Research commissioned by the U.S. Department of Justice to analyze the effect of the 1994 federal ban on assault weapons and large capacity magazines found that attacks with semiautomatics including assault weapons and other semiautomatics equipped with large

capacity magazines result in more shots fired, more persons hit, and more wounds inflicted per victim than do attacks with other firearms. (13) Since January 1, 2000, California Penal Code §§ 32310 et seq., have, with limited exceptions, prohibited the manufacture, importation into the state, keeping for sale, offering or exposing for sale, giving, or lending of large capacity magazines. California law does not, however, prohibit the possession of these magazines, and this gap in the law threatens public safety. (b) Definition. "Large capacity magazine" means any detachable ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following: (1) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds; (2) A . 22 caliber tube ammunition feeding device; or (3) A tubular magazine that is contained in a lever-action firearm. (c) Prohibition on Possession of Large Capacity Magazines. (1) No person, corporation, or other entity in the City may possess a large capacity magazine, whether assembled or disassembled. (2) Any person who, prior to the effective date of this chapter, was legally in possession of a large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution: (A) Remove the large capacity magazine from the City; (B) Surrender the large capacity magazine to the Police Department for destruction; or (C) Sell or transfer the large capacity magazine lawfully in accordance with Penal Code § 12020. (d) Exceptions. Subsection (c) shall not apply to the following: (1) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large capacity magazine in connection with his or her official duties; (2) A person licensed pursuant to Penal Code §§ 26700 to 26915, inclusive; (3) A gunsmith for the purposes of maintenance, repair or modification of the large capacity magazine; (4) Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity's armored vehicle business; (5) Any person, corporation or other entity that manufactures the large capacity magazine for a person mentioned in subsection (a) or for export pursuant to applicable federal regulations; (6) Any person using the large capacity magazine solely as a prop for a motion picture, television, or video production, or entertainment event; (7) Any holder of a special weapons permit issued pursuant to Penal Code § 33300, 32650, 32700, 31000, or 18900; (8) Any person issued a permit pursuant to Penal Code § 32315 by the California Department of Justice upon a showing of good cause for the possession, transportation, or sale of large capacity magazines between a person licensed pursuant to Penal Code §§ 26700 to 26915 and an out-of-state client, when those activities are in accordance with the terms and conditions of that permit; (9) Any federal, state or local historical society, museum, or institutional collection which is open to the public, provided that the large capacity magazine is properly housed secured from unauthorized handling, and unloaded; (10) Any person who finds the large capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large capacity magazine no longer than is necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law; (11) A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities; (12) Any person in the business of selling or transferring large capacity magazines in accordance with Penal Code § 12020, who is in possession of a large capacity magazine solely for the purpose of doing so; or (13) Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000 if no magazine that holds 10 or less rounds of ammunition is compatible with that firearm and the person possesses the large capacity magazine solely for use with that firearm. (e) Penalty. Any person violating this chapter is guilty of a misdemeanor. (f) 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. The Board of Supervisors hereby declares that it would have adopted this Section notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words. (g) No Duplication of State Law. In the event that the State of California enacts legislation prohibiting possession of large capacity magazines, this Section 618 1 shall have no force or effect to the extent that it duplicates any such state law. (Added by Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013) CODIFICATION NOTE

1. So in Ord. 249-13 . SEC. 620. UNFINISHED FIREARM FRAMES AND RECEIVERS; MANUFACTURE OR ASSEMBLY OF UNSERIALIZED FIREARMS. (a) Findings. (1) “Ghost guns” are untraceable and unregulated firearms that are often assembled by unlicensed individuals using build-it-yourself kits. (2) The main precursor part of an assembled firearm is an unfinished “frame” or “receiver,” which contains the firing mechanism, to which other parts are attached. Unfinished frames and receivers are often referred to as “80%” receivers or frames, because they are manufactured just below the percentage of completion that would qualify them as firearms under federal and state law. (3) Sellers often package together an unfinished frame or receiver with all the other parts needed to assemble a ghost gun in a build-it- yourself “ghost gun kit,” with the purpose of avoiding firearms regulations. Assembling the parts into a lethal ghost gun can readily be done by untrained amateurs using common household tools. (4) Ghost gun precursor parts and kits are typically sold by unregulated sellers online, in retail stores or at gun shows, without the protections that California and federal law apply to the manufacture, sale, and transfer of firearms. As of May 2021, no background checks, waiting periods, sale records, age restrictions, or limits on numbers of purchases apply to purchases of precursor parts or kits. (5) Any person with cash in hand – whether a domestic abuser, teenager, gun trafficker, or a person contemplating suicide – can purchase unfinished frames or receivers, from which many can easily build a working firearm. Unfinished frames or receivers, and ghost gun kits, cost far less than firearms produced by licensed manufacturers. (6) In addition, unlike guns produced by licensed firearms manufacturers, a gun assembled using an unfinished frame or receiver does not have a unique serial number allowing it to be traced to the manufacturer, dealer, and purchaser – hence the term “ghost gun.” Although California law requires individuals who assemble firearms to pass a background check, obtain a serial number for the gun, and affix the serial number to the gun within 10 days of assembly, it is all too easy for anyone, including individuals prohibited from purchasing a firearm, to evade these requirements. The absence of a background check makes it possible for persons whom the law recognizes as too dangerous to be permitted to purchase a firearm, to nonetheless be able to do so. And the absence of a serial number on ghost guns cripples the efforts of law enforcement to identify individuals who have used such guns in the commission of a crime, thereby further endangering public safety. (7) Sales of ghost gun precursor parts and kits present serious safety risks, not only for possible victims of gun violence, but also for those who purchase or otherwise possess ghost guns. The precursor parts and kits are often able to skirt the critical consumer safety requirements that apply to new models of handguns sold by licensed dealers and manufacturers in California. California’s Unsafe Handgun Act is designed to ensure that firearms sold in the state function properly and are equipped with lifesaving features that protect lawful users. However, ghost guns assembled from precursor parts and kits typically fail to include essential safety features mandated by the Act. Further, a firearm assembled by an untrained amateur also may be of poor quality and unsafe. And purchasers of precursor parts and build kits typically avoid completing the firearms safety test that California requires of firearms purchasers. (8) The increased availability of ghost guns poses enormous risks to public safety in San Francisco and undermines law enforcement efforts to prevent gun violence. Not surprisingly, the number of ghost guns recovered by law enforcement in San Francisco, as well as in other cities in California, is rising rapidly. In San Francisco, the number of ghost guns seized by local law enforcement jumped 2,733% from 2016 to 2020. This rapid increase continued in 2021, and in the first two months of 2021, ghost guns seized by law enforcement in San Francisco increased by 350% compared to 2019. Further, ghost guns have substantially increased as a proportion of all guns seized in San Francisco. In 2016, ghost guns were less than 1% of all firearms seized in San Francisco, but by 2020, ghost guns represented over 16% of all firearms seized in San Francisco. (9) San Francisco’s experience with ghost guns has paralleled the experience of other cities in California. The California Bureau of Firearms seized 512% more ghost guns from persons identified through the Armed Prohibited Persons System database in 2019 than in
2. The federal Bureau of Alcohol, Tobacco, and Firearms (ATF) reported in 2019 that 30% of crime guns it recovered in California were ghost guns. In January 2020, the ATF’s Los Angeles Field Division reported that over 40% of its cases involved these weapons. In February 2021, the Los Angeles City Attorney announced that law enforcement had recovered over 700 Polymer80 ghost guns, one brand of ghost gun parts/kits, in Los Angeles in 2020. Ghost guns have been used in a wide variety of crimes in California, including homicides, robberies, school shootings, mass shootings, killings of law enforcement officers, and domestic violence. (10) San Francisco has a compelling interest in protecting its residents from gun violence. It has among the strongest – if not the strongest – firearm safety laws in California. For example, in 2015, San Francisco enacted an ordinance requiring firearms dealers to install video surveillance systems to record all sales and transfers of guns and ammunition, and to report information about ammunition sales to the Police Department. See Ordinance 190-15. San Francisco’s strong gun violence prevention laws are being und

if not the strongest – firearm safety laws in California. For example, in 2015, San Francisco enacted an ordinance requiring firearms dealers to install video surveillance systems to record all sales and transfers of guns and ammunition, and to report information about ammunition sales to the Police Department. See Ordinance 190-15. San Francisco’s strong gun violence prevention laws are being undermined by the increase in unregulated sales of ghost gun kits and precursor parts. (11) As of May 2021, no licensed gun dealers operated in San Francisco. The last licensed gun dealer closed in 2015. The absence of licensed gun dealers in San Francisco increases the likelihood that residents of San Francisco will seek out ghost gun precursor parts and kits. (b) Definitions. For purposes of this Section 620, the following definitions shall apply: “Antique Firearm” has the meaning ascribed to it in 18 U.S.C. § 921(a)(16).

“Assemble” means to fit together component parts. “Federal Firearms Importer or Manufacturer” means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44. “Manufacture” means fabricate, make, form, produce, or construct by manual labor or machinery. “Precursor Parts Vendor” means a person or entity holding a precursor parts vendor license issued under California Penal Code Sections 30400 et seq. “Unfinished Frame or Receiver” means a piece of any material that does not constitute the frame or receiver of a firearm, rifle, or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle, or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling, or other means. (c) It shall be unlawful for any person to possess, sell, offer to sell, transfer, purchase, transport, receive, or Manufacture an Unfinished Frame or Receiver, unless the person is a Federal Firearms Importer or Manufacturer, or the Unfinished Frame or Receiver is required by federal law to be imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer and the Unfinished Frame or Receiver has been imprinted with the serial number. The foregoing prohibition shall not apply to or affect any of the following: (1) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or (2) A person who is on the centralized list of exempted federal firearms licensees maintained by the California Department of Justice pursuant to California Penal Code Sections 28450, et seq.; or (3) A person whose licensed premises are outside the City and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued under that Chapter; or (4) A common carrier licensed under state law, or a motor carrier, air carrier, or carrier affiliated with an air carrier through common controlling interest that is subject to United States Code Title 49, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property; or (5) Possession, purchase, transport, or receipt of an Unfinished Frame or Receiver by a Precursor Parts Vendor; or (6) Sale or transfer of an Unfinished Frame or Receiver processed through a Precursor Parts Vendor pursuant to Penal Code Section 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the California Department of Justice is provided sufficient information to identify the purchaser or transferee pursuant to those Penal Code sections; or (7) Possession of an Unfinished Frame or Receiver by the person who obtained it through a transaction processed by a Precursor Parts Vendor in compliance with subsection (c)(6) of this Section 620. (d) It shall be unlawful for any person to Manufacture, cause to be Manufactured, Assemble, or cause to be Assembled, a firearm that has not been imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer in accordance with federal law. The foregoing prohibition shall not apply to or affect any of the following: (1) A firearm that has been rendered permanently inoperable; or (2) An Antique Firearm; or (3) A firearm that has been determined to be a collector’s item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44; or (4) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or (5) The Manufacture or Assembly of a firearm with a frame or receiver processed through a Precursor Parts Vendor pursuant to Penal Code Sections 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Section Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the Department of Justice is provided sufficient information to identify the purchaser or transferee pursuant to those Penal Code sections. (e) Penalty. Violation of any of the provisions of this Section 620 is a misdemeanor and upon conviction the violator may be punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed six months, or by both. (f) Preemption. Nothing in this Section 620 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (g) Promotion of General Welfare. In enacting and implementing this Section 620, 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. (h) Severability. If any subsection, sentence, clause, phrase, or word of this Section 620, 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 ap

amages to any person who claims that such breach proximately caused injury. (h) Severability. If any subsection, sentence, clause, phrase, or word of this Section 620, 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 the Section. The Board of Supervisors hereby declares that it would have passed this Section and each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether

any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional. (Added by Ord. 145-21, File No. 210540, App. 9/24/2021, Eff. 10/25/2021) [Miscellaneous Conduct] SEC. 622. REGULATIONS TO BE OBSERVED AT FIRES. It shall be the duty of the police officers, at the time of any fire, to place ropes and guard lines across all public streets on which any burning buildings or premises are situated and at such points as they may be deemed necessary. (Added by Ord. 1.075, App. 10/11/38) SEC. 623. PUBLIC TO REMAIN OUTSIDE LINES. It shall be unlawful for any person except owners and occupants, and their employees, of buildings endangered by fire, and officers and members of the Fire Department and Police Department, and persons having permits from the Fire Commissioners or Police Commissioners, to pass within such lines or to remain within such lines when ordered outside thereof by any Police Officer. (Added by Ord. 1.075, App. 10/11/38) SEC. 628. COERCION OF LABORERS FOR POLITICAL PURPOSES PROHIBITED. No officer, board or commission, authorized by law to appoint subordinates or to engage the services of laborers, shall solicit or demand of such subordinates or laborers that they vote for or against any candidate for any elective office; or procure, engage, or endeavor to procure from such subordinate or laborer any sum of money or contribution to be used for the election or defeat of any candidate for any elective office; and any officer, or member of any board or commission, who demands such contribution and any subordinate or laborer who pays any such contribution, shall be guilty of a misdemeanor, and, upon conviction thereof, shall forfeit his office or position. (Added by Ord. 1.075, App. 10/11/38) SEC. 630. UNAUTHORIZED REMOVAL OF NEWSPAPERS PROHIBITED. (a) Findings. (1) The Board of Supervisors of the City and County of San Francisco finds that the unauthorized removal of newspapers before they reach their intended reading public, including the unauthorized removal of newspapers circulated to the public free of charge, injures the people of the City and County by depriving them of informative printed news, entertainment, and public notices. (2) The Board further finds that the unauthorized removal of newspapers infringes on the right of the public to a free press under the First Amendment to the United State Constitution and Article I, Section 2 of the California Constitution, and the public's right to express and exchange diverse ideas and opinions. (3) The Board further finds that the unauthorized removal of newspapers from newsracks, storefronts, residential properties, bundle drop locations and other locations where newspapers are delivered in mass for public consumption, has become a substantial problem in the City and County of San Francisco. (4) The Board further finds that persons taking newspapers from these locations are often selling them to recyclers, and are thus appropriating the newspapers for monetary gain. (b) Definitions. (1) Newspapers. For purposes of this Section, "newspapers" shall mean any publication made available to the public on a periodic basis (whether daily, weekly, monthly or quarterly), regardless of whether a fee is charged for the publication.

(2) Newsracks. For purposes of this Section, "newsracks" shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers. (3) Residential Property. For purposes of this Section, "residential property" shall mean any property attached or adjacent to a single- family residence, apartment or other building used as a residential dwelling where a person would reasonably expect newspapers to be placed for the use of individuals residing in the building. Such property includes, but is not limited to, any front yard, driveway, or mailbox associated with such dwelling. (4) Storefront. For purposes of this Section, "storefront" shall mean any property attached or adjacent to a business, including but not limited to grocery or convenience stores, where a person would reasonably expect newspapers to be placed for the use of the business. (5) Bundles. For purposes of this Section, "bundles" shall mean a quantity of newspapers gathered or bound together by a publisher or distributor for the purpose of distribution to its intended audience. (6) Bundle Drop Locations. For purposes of this Section, "bundle drop locations" shall mean places where bundles are placed in mass for distribution by authorized delivery persons. (c) Prohibitions. (1) It shall be unlawful for any person to remove, take, or appropriate more than one copy of a newspaper from any newsrack or bundle drop location for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper. This prohibition shall not apply to an authorized representative of the owner or operator of any newsrack, or any publisher, authorized printer or authorized distributor of newspapers. (2) It shall be unlawful for any person, other than a business owner or the owner's authorized agent, to remove, take, or appropriate more than one copy of a newspaper from any storefront for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper. (3) It shall be unlawful for any person to remove, take, or appropriate from any residential property more than one copy of a newspaper for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper. This prohibition shall not apply to the owner of such residential property, a person residing at such property, or the authorized representative of the owner of or person residing at such property. (4) It shall be unlawful for a recycler or any other person or entity to purchase more than one copy of any newspaper, or to obtain more than one copy of any newspaper or other publication through trade or barter, from any person ("seller") under circumstances sufficient to give a reasonable person knowledge that the seller has removed, taken, or appropriated such newspapers before they reached their intended reading public. Circumstances sufficient to give a reasonable person such knowledge include, but are not limited to, being offered for purchase, trade or barter a bundle or bundles of multiple copies of the same edition of a newspaper by any person other than a publisher, printer, distributor or retail seller of such newspaper, or an authorized representative of such a publisher, printer, distributor or retail seller. (d) Record Keeping. Any recycler or other person or entity purchasing newspapers in quantities of greater than 100 pounds per transaction, shall be required to record the following information for each such transaction: the seller's name, address, phone number, valid driver's license number, automobile license plate number, amount of newspapers, and amount paid per transaction. Any recycler or other person required to keep records pursuant to this Section shall maintain such records and make them available for inspection for at least one year. (e) Penalties. Any person or entity violating any provision of this Section shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether, in the discretion of the District Attorney, the violation is a misdemeanor or infraction. If charged as 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. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $100 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 months, or by both such fine and imprisonment. In any accusatory pleading charging a violation of this Section, if the defendant previously has been convicted of a violation of this Section, each such previous violation and conviction shall be charged in the accusatory pleading. Any person or entity violating any provision of this Section a second time within a ninety-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $200 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 months, or by both such fine and imprisonment. Any person or entity violating any provision of this Section a third time, and each subsequent time, within a ninety-day period 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

in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Any person or entity violating any provision of this Section a third time, and each subsequent time, within a ninety-day period 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 six months, or by both such fine and imprisonment. (f) 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. The Board hereby declares that it would have adopted this Section notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words. (Added by Ord. 99-96, App. 3/6/96) SEC. 633. REQUIRING DAMAGED TRAFFIC STANDARDS TO BE REPORTED TO CHIEF OF POLICE.

It shall be the duty of the driver of any vehicle involved in an accident resulting in damage to any traffic standard, sign or signal, pole, fire alarm box, police telephone signal box, or hydrant belonging to the City and County of San Francisco, to notify, within 24 hours thereafter, the Chief of Police of the City and County of San Francisco of the name of the owner and driver of said vehicle, their address, registration number of said vehicle and the location of the property so damaged. (Added by Ord. 1.075, App. 10/11/38) SEC. 635. CITY AND COUNTY BUILDINGS AND GROUNDS; VIOLATIONS OF RULES AND REGULATIONS RELATING THERETO PROHIBITED. No person shall violate or attempt to violate any rule or regulation prescribed by the appropriate officer, board or commission of the City and County for the administration and protection of any public building or grounds of said City and County under the control and jurisdiction of said officer, board or commission, provided that a copy of said rule or regulation is posted in a conspicuous place in the public building or grounds to which said rule or regulation applies. (Added by Ord. 79-72, App. 4/3/72) [Security Requirements] SEC. 636. SECURITY REQUIREMENTS NEW CONSTRUCTION. Security requirements for new construction Group R-1 occupancies entry doors, locks, security glazing, testing and approval, shall be in accordance with the provisions of Sections 4101 through 4105 of the Building Code. Room keys or other opening devices shall be free of hotel name or address identification. (Amended by Ord. 537-85, App. 12/4/85)

The provisions of Sections 636 through 636.3 hereof shall apply to all Group H occupancy buildings containing three or more dwelling units or more than five guestrooms, and includes all apartment houses, hotels, motels and condominiums. (Amended by Ord. 346-80, App. 7/3/80)

All exterior doors directly accessible from the ground level or by stairs or ramps and providing entry into the Group H occupancy buildings shall comply with Section 713 of the Housing Code. (Amended by Ord. 346-80, App. 7/3/80)

Any person violating any of the provisions of Sections 4101 through 4105 of the Building Code, Sections 713 through 714 of the Housing Code, or Sections 636 through 636.2 of the SF Police Code shall he charged with a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $500 or by imprisonment, not exceeding 30 days, or by both fine and imprisonment, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue.

(Amended by Ord. 537-85, App. 12/4/85)

The Bureau of Building Inspection and San Francisco Police Department have the authority to administer and enforce the provisions of the preceding section. (Amended by Ord. 346-80, App. 7/3/80)

Sections 636.1, 636.2 and portion of 636.2 as applied to existing buildings (Police Code) shall become effective one year after adoption. (Amended by Ord. 346-80, App. 7/3/80) SEC. 637. DISCRIMATORY REPORTS TO LAW ENFORCEMENT. [Fire and Police Alarms; False Alarms; Rewards] (a) This Section 637 shall be known as the Caution Against Racial and Exploitative Non-Emergencies Act. (b) Discriminatory Reports to Law Enforcement Prohibited. It shall be unlawful to knowingly cause a peace officer to arrive at a location to contact a person, with the specific intent to do any of the following on the basis of the person’s actual or perceived race, color, ancestry, ethnicity, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height: (1) Infringe upon the person’s rights under either the California Constitution or the United States Constitution; (2) Discriminate against the person; (3) Cause the person to feel harassed, humiliated, or embarrassed; (4) Cause the person to be expelled from a place in which the person is lawfully located; (5) Damage the person’s reputation or standing within the community; or (6) Damage the person’s financial, economic, consumer, or business prospects or interests. (c) Civil Cause of Action. Any aggrieved person may enforce the provisions of this Section 637 by means of a civil action. (d) A person found to have violated subsection (b) in a cause of action under subsection (c) shall be liable to the aggrieved person for special and general damages, but in no case less than $1,000 plus attorneys’ fees and the costs of the action. In addition, punitive damages may be awarded in a proper case. (e) Nothing in this Section 637 shall preclude any person from seeking any other remedies, penalties, or procedures provided by law. (Added by Ord. 219-20, File No. 200735, App. 11/6/2020, Eff. 12/7/2020) SEC. 638. INTERFERENCE WITH FIRE, ETC., TELEGRAPH SYSTEMS PROHIBITED. It shall be unlawful for any person, firm or corporation to place, or cause to be placed, any article or thing on or upon any sidewalk in such a manner as to interfere with or obstruct the free access or approach to any signal box of the Fire and Police Telegraph System; or without authority from the Chief of the Department of Electricity to run any wire or any of the telegraph poles or fixtures of said systems, or to run, erect or maintain any wire across or parallel with any wire of said system within a distance of four feet thereof; or without authority from the Chief of the Department of Electricity, to break, remove or injure or cause to be broken, removed or injured, any of the parts or appurtenances of said system; or without authority, to make, or fit, or cause to be made or fitted, any key to lock of any signal box of said

system; or, without authority, to have or retain in his possession any key belonging to or fitted to the lock of any such signal box; or to pick or force the lock of any such signal box. (Added by Ord. 1.075, App. 10/11/38) SEC. 639. MAKING FALSE ALARMS PROHIBITED. It shall be unlawful for any person wilfully to make or cause to be made any false alarm of fire or any false call for police assistance, or for the police patrol wagon, or for any hospital ambulance of the Department of Public Health, by means of city or any telegraph or telephone systems, or any other way. (Added by Ord. 1.075, App. 10/11/38) SEC. 640. REWARD. (a) Every person or persons who give information leading to the arrest and conviction, as defined in this Section, of any person who violates Section 148.4 of the California Penal Code, relating to the turning in of false fire alarms, in the City and County of San Francisco, shall receive as a reward from the City and County of San Francisco a total sum of $500 for each such occurrence. For the purposes of this Section and Section 641 of this Code, "conviction" shall mean a finding of guilty following a trial, a plea of guilt or nolo contendere, or a plea of guilty or nolo contendere by plea bargaining whether or not the guilty plea or nolo contendere plea is entered for violation of Section 148.4 of the California Penal Code. (b) Every person or persons who give information leading to the arrest or, in the case of a juvenile, the temporary detention, but not the conviction of any person who violates Section 148.4 of the California Penal Code, relating to the turning in of false fire alarms, in the City and County of San Francisco, shall nevertheless receive as a reward from the City and County of San Francisco a total sum of $500 for each such occurrence, unless the arrested person or detained juvenile is found not guilty following a trial or juvenile court proceedings or the prosecutor dismisses the charges for insufficient information. Circumstances under which the person or persons providing the information shall be eligible for the reward include but are not limited to, disposition of the charges in the following ways: (1) The court issues a bench warrant against the arrested person for failure to appear in court; (2) The court determines that the arrested person is mentally incompetent to stand trial; (3) The court places the arrested person in a diversion program; (4) The charges are dismissed because the person is deported; (5) Juvenile court proceedings establish that the juvenile carried out the alleged actions; or (6) A probation officer places the detained juvenile in a specific program of supervision. (c) In the event that more than one person gives information under the circumstances specified in Section 640(a) or 640(b) regarding the same occurrence, the total sum of $500 shall be divided equally among the persons providing the information. (Amended by Ord. 208-86, App. 6/6/86) SEC. 641. PAYMENT. The Controller is hereby authorized and directed to pay from any appropriation created for the purpose the total sum of $500 for each such occurrence to the person or persons who give such information leading to an arrest and conviction as set forth in Section 640, or the disposition of the charges by one of the other methods specified in Section 640, provided that a claim therefor is filed with the Controller within 60 days after the conviction or the disposition of the charges by one of the other methods enumerated in Section 640, and the said claim is approved by the Chief of the Fire Department. (Amended by Ord. 208-86, App. 6/6/86) SEC. 642. INELIGIBLE PERSONS. Neither a peace officer, a member of the Fire Department, nor any person barred by Charter provisions or statute from receiving rewards shall be eligible to claim the said reward.

(Added by Ord. 277-69, App. 8/29/69) SEC. 643. PUBLICATION OF OFFER. Publication of this offer may be made through the posting of signs by the Fire Department from funds appropriated to the department for that purpose. (Added by Ord. 277-69, App. 8/29/69) [Miscellaneous Conduct] SEC. 644. THE USE, SALE OR POSSESSION OF BALLOONS INFLATED WITH INFLAMMABLE OR EXPLOSIVE GASES PROHIBITED. It shall be unlawful for any person, firm or corporation to use, sell or possess any balloon inflated with inflammable or explosive gases. (Added by Ord. 1.075, App. 10/11/38) SEC. 645. ABANDONING REFRIGERATOR EQUIPPED WITH LOCKING DEVICES PROHIBITED. It shall be unlawful for any person, firm or corporation to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his or its control, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an air-tight door or lid, snaplock or other locking device which may not be released from the inside, without first removing said door or lid, snaplock or other locking device from said ice box, refrigerator or container. (Added by Ord. 8454, Series of 1939, App. 3/17/54) SEC. 646. PENALTY. Any person, firm or corporation who shall violate any of the provisions of Section 645 of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than $500, or by imprisonment in the County Jail for a period of not more than 90 days, or by both such fine and imprisonment. (Added by Ord. 8454, Series of 1939, App. 3/17/54) SEC. 647. UNAUTHORIZED REMOVAL OF SHOPPING CARTS; NOTICE, EXCEPTIONS. No person shall remove any shopping cart, shopping basket, or other similar device from the premises of any business establishment, any parking area maintained for the customers of said business establishment, or sidewalks and passageways adjacent to said business establishment or said parking areas, for the purposes of temporarily using the same, or for any purpose whatsoever, if such shopping cart, basket, or device has securely affixed to it a sign identifying it as belonging to said business establishment and there is posted on the premises of said business establishment a notification to the effect that said cart, basket or device is not to be removed from said premises, parking areas, or sidewalks and passageways adjacent thereto. This Section shall not be enforceable against any alleged violators unless there is posted at the place or places where said carts, baskets or devices are stored for customer use, a sign or signs positioned and of sufficient size and legibility to be seen by an ordinarily observant

person, to notify customers and the general public of the prohibitions set forth herein. The provisions of this Section shall not apply to removal of a shopping cart, shopping basket or other similar device by the owner thereof, the agent of said owner, an employee of said business establishment, or by any person possessing the written consent of said owner or the manager of said business establishment. (Added by Ord. 263-66, App. 10/28/66) SEC. 648. AUTOMATIC CALLING DEVICES – USE OF REGULATED. No person, partnership, corporation or any other type or class of association of persons, except a public utility engaged in the business of providing communications services and facilities, shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon action either mechanically, electronically or by any other automatic means, initiate a call and deliver a recorded message to any telephone number or numbers assigned to the City and County of San Francisco by a public telephone company, without the prior written consent of said City and County. The term "telephone number" includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with said City and County to such primary number when the primary telephone number is in use. (Added by Ord. 222-70, App. 6/25/70) SEC. 649. APPLICATION FOR PERMISSION TO INSTALL. Any and all applications for the consent required by Section 648 shall be made to the Head of the Department of the City and County of San Francisco which has a telephone number to which it is desired to initiate a call and/or deliver a recorded message. The form and detail of the application for such consent must be furnished by the Department Head and such consent does not take the place of any license required by law. Said Department Head may withhold said consent until satisfied that the granting of said consent will not interfere with the operations of his department. (Added by Ord. 222-70, App. 6/25/70)