San Francisco County Municipal Code Art. 3 Disorderly Conduct

Sec. 3.1. Disorderly Conduct. Sec. 3.2. Swimming Restrictions. Sec. 3.3. Polluting Waters Prohibited. Sec. 3.4. Littering and Dumping of Waste Matter Prohibited. Sec. 3.5. Malicious Destruction of Property. Sec. 3.6. Removal of Trees, Wood, Etc. Sec. 3.7. Penalties for Violation of Section 3.6. Sec. 3.8. Interference with Port Commission and Park Employees. Sec. 3.9. Alcoholic Beverages. Sec. 3.10. Persons Intoxicated by Alcohol or Drugs May Be Excluded. Sec. 3.11. Persons May Be Excluded Under Certain Circumstances. Sec. 3.12. Refusal to Obey Lawful Order. Sec. 3.13. Fighting, Disturbing Peace, Offensive Words. Sec. 3.14. Intoxication by Alcohol or Drugs. Sec. 3.15. Minors, Parents and Guardians Of.

No person shall, in any park, without written permission of the Executive Director: (A) Throw or propel objects of a potentially dangerous nature, including, but not limited to, stones, bottles, glass, cans or crockery; (B) Fire or carry firearms of any size or description, or possess any instrument, appliance or substance designed, made or adopted for use primarily as a weapon, including, but not limited to, air rifles, slingshots, clubs, swords, razors, billies, explosives, dirk knives, bowie knives or similar knives, except that this subsection shall not apply to a police or other peace officer; (C) Fire or carry any firecracker, rocket, torpedo or other fireworks of any description (this subsection shall not be deemed to contradict any provisions contained in Chapter VIII (Police Code) of the San Francisco Municipal Code); (D) Carry or use a model airplane which is powered by liquid fuel or designed to be used with such fuel; (E) Make, kindle, maintain or in any way use a fire except at places provided, designated and maintained by the Commission for such use; (F) Climb or lie upon any tree, shrub, monument, wall, fence, shelter, fountain, statue, building, construction or structure; (G) Emit, eject, or cause to be deposited any excreta of the human body, except in proper receptacles designated for such purposes; (H) Expose his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region or any portion of the female breast at or below the areola thereof, except that this section shall not apply to children under the age of five years; (I) Enter a restroom or toilet set apart for use of the opposite sex, except children under the age of five years accompanied by a parent

or guardian and duly authorized personnel for the purpose of inspection, maintenance or repair; (J) Gain or attempt admittance to facilities in any park where a charge is made, without paying that charge; (K) Play any percussion instrument, including drums, at any time or location prohibited by resolution of the Commission when a sign has been posted in the area affected to give notice of this prohibition; provided that such resolution does not unreasonably curtail the playing of such instruments in any area of the city. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

No person shall enter, wade or swim in the waters of any lake, pond, pool, tank, fountain or reservoir in any park except where permitted by regulation or special written permission of the Executive Director. This restriction does not prohibit persons from entering, wading or swimming in the waters of San Francisco Bay except in areas where a sign is posted prohibiting such entering, wading or swimming. Without limiting the foregoing, no persons shall enter the waters of San Francisco Bay from the public access areas located on or adjacent to the Pacific Bell Park (the ballpark) for the purposes of wading or swimming except by special written permission by the Executive Director. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

No person shall throw or place, or cause to be thrown or placed, any garbage, trash, refuse, paper, container, or nauseous or offensive matter into any pool, pond, tank, or fountain in any park, or into the waters of San Francisco Bay. In addition, attention is called to the fact that state law prohibits the littering or dumping of waste into lakes and other bodies of water. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

MATTER PROHIBITED. Attention is called to the fact that state law prohibits the littering or dumping of waste matter in any public park. In addition, attention is called to City and County of San Francisco Health Code Section 1150, prohibiting the release or dumping of hazardous waste on public property. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

Attention is called to the fact that state law prohibits the malicious defacement, damage or destruction of real or personal property. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

No person shall remove or take away any tree, wood, bush, turf, shrub, flower, plant, grass, soil, rock, or anything of like kind from any park without written permission of the Executive Director.

(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

(A) Any person convicted of a violation of Section 3.6 of this Code shall be punished by a mandatory fine of not less than $50 nor more than $500 upon a first conviction, by a mandatory fine of not less than $100 nor more than $500 upon a second conviction and by a mandatory fine of not less than $150 nor more than $500 upon a third or subsequent conviction. (B) The court shall, in addition, impose a civil penalty or an amount necessary to reimburse the Commission for the value of the tree, wood, bush, turf, shrub, flower, plant, grass, soil, compost, rock, water or other material removed as well as any labor expended to replant or otherwise restore the area affected. Any revenue collected as a civil penalty pursuant to this Section shall be credited to the Commission. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

AND PARK EMPLOYEES. No person shall, with malice, interfere with or in any manner hinder any employee of the Commission or a duly authorized contractor while that person is engaged in constructing, repairing, or caring for any portion of the park or is otherwise engaged in the discharge of such employee's duties. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

No person shall consume alcoholic beverages of any kind within any park, or in any of the parks or portions of parks, except that the Executive Director or the Port Commission may grant permission to consume alcohol in the parks and portions of parks where such activity is prohibited if the Port Commission or the Executive Director determines that the consumption of alcohol will not interfere with the public's use and enjoyment of the park. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

DRUGS MAY BE EXCLUDED. Members of the San Francisco Police Department and Port Commission employees, including members of a Park Patrol, are authorized to order persons to stay out of, or to leave, any park, or any facility, building or structure therein, when such officers or employees have reasonable cause to conclude that the person so ordered is under the influence of intoxicating liquor, any drug, or any "controlled substance" as that term is defined and described in the California Health and Safety Code, or any combination of any intoxicating liquor, drug, or controlled substance, and is in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others or interferes with or obstructs or prevents the free use of park property. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

CERTAIN CIRCUMSTANCES.

Members of the San Francisco Police Department and Commission employees, including members of a Park Patrol, are authorized to order any person to stay out of or to leave any park, or any facility, building or structure therein, when such officers or employees have reasonable cause to conclude that the person: (A) Is consuming alcoholic beverages in violation of Sections 3.9 or 3.10 of this Code, the City's Police Code, or any other local, state or federal law or regulation; or (B) Is using any drug or controlled substance, as defined above, or any combination of any intoxicating liquor, drug, or controlled substance; or (C) Is doing any act injurious to any park or any building, structure or facility therein; or (D) While using any athletic facility or area, disobeys any rule or regulation governing such area or facility after being warned not to do so by a Commission or Park Employee, including members of a Park Patrol, when the employee has reasonable cause to conclude that such behavior damages or risks damage to park property or interferes with the use and enjoyment of such area or facility by other persons; or (E) Behaves in so noisy, boisterous or rowdy a manner as to disturb spectators or participants at an athletic event. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

It shall be unlawful for any person to refuse to obey the lawful order of a police officer or an employee of the Commission made pursuant to Section 3.11 of this Code. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

WORDS. Attention is called to the fact that state law prohibits unlawful fighting in public places, the malicious and willful disturbance of others by loud and unreasonable noise, and the use of offensive words in a public place which are inherently likely to provoke an immediate violent reaction. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

Attention is called to the fact that state law provides that any person in a public place who is under the influence of intoxicating liquor, drugs, or certain specified substances and endangers himself or others or interferes with the free use of a public way is guilty of disorderly conduct. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

No parent, guardian or custodian of a minor shall permit or allow such minor to do any act or thing in any park prohibited by the provisions of this Code. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000) ARTICLE 4:

ANIMALS

Sec. 4.1. Dogs, Cats Only Allowed. Sec. 4.2. Animals Prohibited from Certain Areas. Sec. 4.3. Cats Must Be on Leash or in Transport Box. Sec. 4.4. Vicious Animals Prohibited. Sec. 4.5. Abandonment of Animals Prohibited. Sec. 4.6. Feeding Animals Prohibited. Sec. 4.7. Disturbing Animals, Birds, Fish Prohibited; Exceptions.

No person shall lead, drive, conduct or otherwise bring or allow to remain in any park any animal, bird, fish or reptile other than dogs and domestic cats. This Section shall not apply to persons acting pursuant to a permit from the Executive Director when the permit allows the presence of such animal, bird, fish or reptile. This Section shall not prohibit any person from transporting fish or shellfish legally caught in San Francisco Bay from the shoreline of any park across such park. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

AREAS. No person, other than members of the Police Mounted Detail when on duty, shall, in any park, allow any animal in his or her custody to enter any building, or any playground, sandbox or other area reserved for children, or to enter or drink the water of any drinking fountain, lake or pond located in any park, not including San Francisco Bay, except at places designated and maintained for such purpose. Notwithstanding the above provision, a blind person may enter these areas with a guide dog. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

BOX. No person shall carry, lead, conduct or otherwise bring or allow to remain in any park a domestic cat unless the animal is on a leash not exceeding six feet in length or in an animal transport box equipped with vent holes capable of providing the animal with sufficient air. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

No person shall keep or permit to remain in any park a noisy, vicious, or dangerous animal or an animal which unduly disturbs other persons or other animals in the park. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

No person shall abandon any animals in any park. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

It shall be unlawful for any person to feed or offer to any animal in any park any substance which would be likely to be harmful to it. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)

PROHIBITED; EXCEPTIONS. Except as provided in Article 7, Chapter VIII (Police Code) of the San Francisco Municipal Code, it shall be unlawful for any person, including City and County of San Francisco, its officers, employees or agents, to hunt, chase, shoot, trap, discharge or throw missiles at, molest, disturb, capture, injure, or destroy any animal in any park, or to permit any animal in such person's custody or control to do so; provided, however, that any mole or any gopher, mouse, rat or other rodent which is determined by said Executive Director to be a nuisance may be destroyed by said Executive Director or a designated representative; and provided, further, that any animal other than a mole or a gopher, mouse, rat or other rodent which is determined by said Executive Director to be a nuisance or a hazard to persons using said areas or to be a hazard to plants or other horticulture, may, in a humane manner, be live trapped by said Executive Director and delivered to the Animal Control Officer for disposition pursuant to the provisions of Sections 41.7 through 41.9, inclusive, of Article 1, Chapter V (Health Code) of the San Francisco Municipal Code. This Section shall not restrict in any way the rights of the public to fish in San Francisco Bay. (Added by Ord. 92-00, File No. 000634, App. 5/19/2000)