San Francisco County Municipal Code Art. 5.1 Anti-Litter Receptacles

Sec. 170. Garbage Receptacles. Sec. 170.1. Anti-Litter Receptacles Permits. Sec. 171. Decals on Receptacles. Sec. 172. Form of Application. Sec. 173. Placement and Maintenance of Litter Receptacles. Sec. 174. Nuisance. Sec. 174.1. Abatement.

SEC. 170. GARBAGE RECEPTACLES. (a) Garbage Receptacles Prohibited on Sidewalk, Street, or Any Public Right-of-Way. Except as otherwise provided in Sections 170.1 and 173, Chapter X, Part II, San Francisco Municipal Code (Public Works Code), no person, firm or corporation occupying or having charge or control of any premises shall place or cause to be placed, or suffer to remain, upon the sidewalk, street or any other dedicated public right-of-way, any can, container or receptacle used for the collection of garbage, refuse, ashes, cinder, sludge, offal, broken glass, crockery, tins, boxes, animal or vegetable matter, rubbish or other like matter, recycling, or green waste, except on the day the contents of said receptacle are to be collected by the licensed collector thereof or after the hour of 6:00 p.m. of the day immediately prior to the day of said collection. (1) Any person, firm, or corporation occupying or having charge of any commercial premises shall remove any such receptacle from the sidewalk, street, or other dedicated public right-of-way immediately after the contents of said receptacle have been collected or immediately upon opening said premises for business on the day of said collection. (2) Any person, firm, or corporation occupying or having charge of any residential premises shall remove any such receptacles from the sidewalk, street, or other dedicated public right-of-way within twenty-four (24) hours after placing said receptacles out for collection and after the contents of the said receptacle have been collected. (3) Said receptacles shall be returned to an enclosed area or other area that blocks views of the receptacles from the public right-of- way. Under no circumstances are said receptacles to be stored in plain sight of the public when viewed from any public right-of-way unless said receptacles have been placed out for collection. (4) In addition to the requirements set forth in this Section, the Director, after a public hearing, may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. (b) The Director of Public Works, in issuing any written notice to abolish, abate and remove a nuisance under Article 5.1 of the Public Works Code, may direct any person, firm or corporation occupying or having charge of any commercial premises, to securely lock every can, container or receptacle placed for collection pursuant to Section 170(a) on any area open to the public, to prevent access to the contents thereof by any person other than the licensed refuse collector. Any such written notice shall be issued as set forth in Section 174.1. (c) Each violation of Subsection (a) shall constitute an infraction and shall be punishable by a fine of not less than $80.00 nor more than $100.00; for a second offense by a fine not less than $150.00 nor more than $200.00; and for each additional offense by a fine not less than $250.00 nor more than $500.00. In the alternative, an administrative penalty not to exceed $250.00 may be assessed for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code. (Added by Ord. 330-93, App. 10/11/93; amended by Ord. 388-94, App. 11/18/94; Ord. 197-98, App. 6/19/98; Ord. 227-99, File No. 990822, App. 8/13/99; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 179-06, File No. 060083, App. 7/14/2006; Ord. 47-07, File No. 070020, App. 3/9/2007; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

The Director of Public Works is hereby authorized and empowered to issue permits for the placement and maintenance of anti-litter receptacles at locations in the financial and business districts of the City and County of San Francisco to be determined or approved by the Director. The receptacles and the placement thereof shall involve no cost to the City and County. The provisions of this Section shall not be applicable to receptacles required to be placed and maintained pursuant to the provisions of Section 173 of this Article. (Amended by Ord. 32-78, App. 1/13/78; Ord. 330-93, App. 10/11/93) SEC. 171. DECALS ON RECEPTACLES. (a) Sponsors of the placement of the receptacles shall be allowed to place decals on the receptacles bearing their names, providing that the decal shall be no larger than four inches by six inches overall and the size and design of the decal shall be subject to the approval of the Director of Public Works. (b) Pursuant to Section 170(a), owners of garbage receptacles shall be allowed to prominently place decals on the receptacles bearing the scheduled collection dates and times, providing that the decal shall be no larger than 8½ inches by 11 inches overall and the size and design of the decal shall be subject to the approval of the Director of Public Works. (Added by Ord. 349-69, App. 12/3/69; amended by Ord. 330-93, App. 10/11/93) SEC. 172. FORM OF APPLICATION. The Director of Public Works shall prescribe the form of the application to be filed for the placement of the anti-litter receptacles and shall have the power and authority to adopt and enforce such rules and regulations with respect to the placement, maintenance and removal of such receptacles as are consistent with the provisions of this Article. (Added by Ord. 349-69, App. 12/3/69) SEC. 173. PLACEMENT AND MAINTENANCE OF LITTER RECEPTACLES. (a) It is the intent of this Section to ensure that public areas are kept clean and free from litter. (b) Any person, firm or corporation operating a grocery store, a liquor store or an establishment selling food or beverages for consumption off the premises shall place and maintain a litter receptacle outside of each exit from said premises for the use of the patrons thereof during business hours; provided, however, that a person, firm, or corporation is not required under this Section to place and maintain a litter receptacle outside each exit if that person, firm, or corporation places and maintains a set of three containers for recyclables, compostables and trash for use by customers and visitors as specified in Chapter 19 of the Environment Code. (c) Any person, firm, corporation, or property owner operating a place of employment shall provide and maintain adjacent to the place of employment sufficient ashtrays or other receptacles for the disposal of cigarettes, cigars, and other similar combustible products used by employees and patrons who smoke. The Director of Public Works shall authorize the placement of such ashtrays or other receptacles in the public right-of-way where necessary. (d) The design, capacity, location, and number of ashtrays and receptacles shall be prescribed by the Director of Public Works. Decals may be placed upon said receptacles subject to the limitations set forth in Section 171 of this Article. (e) The receptacle shall be emptied when full and at the close of business each day and the contents thereof shall be stored or set out for collection in the same manner as other refuse generated in the operation of the business. Each receptacle shall be maintained in a clean and sanitary condition. (f) Violation of this Section shall constitute an infraction and shall be punishable by a fine of not less than $80 nor more than $100; for a second offense by a fine not less than $150 nor more than $200; and for each additional offense by a fine not less than $250 nor more than $500. In the alternative, an administrative penalty not to exceed $250 may be assessed for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code. (Added by Ord. 32-78, App. 1/13/78; amended by Ord. 197-98, App. 6/19/98; Ord. 227-99, File No. 990822, App. 8/13/99; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 100-09, File No. 081404, App. 6/23/2009)

SEC. 174. NUISANCE. No person, firm or corporation, including but not limited to any department, board or commission of the City and County, shall have or permit upon any public sidewalk, public stairway or other right-of-way for public pedestrian travel that abuts property owned or occupied such person, firm, or corporation, any nuisance detrimental to health or any accumulation of filth, garbage, decaying animal or vegetable matter, waste paper, hay, grass, straw, weeds, vegetation overgrowth, litter, trash, cigarette or cigar butts, unsanitary debris, waste material, animal or human excrement, or stains, marks or grime caused by oil and other wastes absorbed or compressed into the surface, or any other matter that constitutes a threat to public health and safety. For purposes of this Section, the owner and/or the occupant of the premises or unit nearest the public sidewalk, public stairway or other pedestrian right-of-way shall be held liable for the cleanliness of said public sidewalk, public stairway, or other pedestrian right-of-way that abuts the building. (Added by Ord. 75-86, App. 3/14/86; amended by Ord. 389-94, App. 11/18/94; Ord. 227-99, File No. 990822, App. 8/13/99)

(a) It shall be the duty of the Director of Public Works to cause any person, firm or corporation, including but not limited to any department, board or commission of the City and County, that permits the accumulation of materials mentioned in Section 174 to be notified in writing to abolish, abate and remove such nuisances. The Director of Public Works may abate nuisances under this Section in accordance with the procedures set forth in the Community Preservation and Blight Reduction Act, Chapter 80 of the San Francisco Administrative Code, including, but not limited to, its provisions for notice, abatement, penalties, cost recovery, and debt collection against the parcel or parcels of land fronting the nuisance upon the sidewalk, driveway, curb or gutter. (Added by Ord. 75-86, App. 3/14/86; amended by Ord. 389-94, App. 11/18/94; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; amended by Ord. 389-94, App. 11/18/94; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; amended by Ord. 389-94, App. 11/18/94; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; amended by Ord. 389-94, App. 11/18/94; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; amended by Ord. 389-94, App. 11/18/94; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 75-86, App. 3/14/86; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) ARTICLE 5.2:

CAFÉ TABLES AND CHAIRS AND DISPLAY MERCHANDISE IN THE PUBLIC RIGHT-OF-WAY Sec. 176. Definitions. Sec. 176.1. Registration Required; Registration Program and Approved Regulations. Sec. 176.2. Registration and Annual Renewal. Sec. 176.3. Request for Variance. Sec. 176.4. Conditions; Indemnification and Insurance Requirements. Sec. 176.5. Violation of Article 5.2. Sec. 176.6. Enforcement Assistance by Department of Public Health. Sec. 176.7. Administrative Penalties and Costs. Sec. 176.8. Criminal Fines and Civil Penalties; Other Remedies. Sec. 176.9. Removal of Café Tables and Chairs and Display Merchandise.

SEC. 176. DEFINITIONS. For the purpose of this Article 5.2, the following definitions apply: “City” shall mean the City and County of San Francisco. “Department” shall mean the Department of Public Works. “Director” shall mean the Director of the Department or the Director’s designee. “Display Merchandise” shall mean stands for the purpose of displaying fruits, vegetables, living plants, cut flowers, and nonfood merchandise. “Public right-of-way” is defined in Section 2.4.4 as the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, spaces, streets, and ways within the City, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department. “Owner” shall mean any person who owns or operates a business establishment. (Added by Ord. 236-93, App. 7/16/93; amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

REGULATIONS. (a) No Owner shall occupy any portion of the public right-of-way with the placement of café tables and chairs or Display Merchandise without first obtaining a registration acknowledgement from the Department in accordance with the provisions of this Article 5.2. Any Owner occupying any portion of the public right-of-way with café tables and chairs or Display Merchandise without a valid annual registration as required by this Article 5.2 shall be subject to enforcement actions by the City, including but not limited to, fines and penalties as provided for in Sections 176.6 and 176.7 of this Article 5.2. (b) The Director shall implement a registration program to authorize Owners to place café tables and chairs and Display Merchandise in the public right-of-way immediately adjacent to their business establishments, according to the procedures set forth in this Article 5.2. (c) The Director shall approve and adopt regulations for the design and placement of café tables and chairs and Display Merchandise. (Added by Ord. 263-93, App. 7/16/93; amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

Every Owner desiring to place café tables and chairs or Display Merchandise in the public right-of-way shall first and annually

thereafter, complete the applicable, registration process with the Department. Each such registration shall include: (a) the name and contact information of the applicant, (b) the name and address of the business establishment, (c) the proposed area to be occupied by the café tables and chairs or Display Merchandise, (d) the hours and days that the area is to be so occupied, (e) a certification confirming the Owner’s agreement to satisfy all of the applicable conditions set forth in Section 176.4 and the Department’s regulations and orders, and (f) an acknowledgement of the Owner’s responsibility for any injury or Claims as defined in Section 176.4(b) and obligation to maintain the insurance required in Section 176.4(c). Upon the Department’s issuance of a registration acknowledgement, the café tables and chairs and Display Merchandise shall be presumed to be authorized to be placed in the public right-of-way immediately adjacent to the business establishment specified in the application registration. (Added by Ord. 236-93, App. 7/16/93; amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

If an Owner’s registration application does not meet the regulations or requirements established by the Director for authorized café tables and chairs or Display Merchandise, the Owner may apply for special review and approval of the proposed café tables and chairs or Display Merchandise. The Department may, in its sole discretion, grant a variance from any of the Department’s regulations or requirements if it finds that such variance is in the public interest. (Added as Sec. 176.4 by Ord. 236-93, App. 7/16/93; amended by Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025; redesignated and amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025) (Former Sec. 176.3 added by Ord. 236-93, App. 7/16/93; repealed by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

The placement and maintenance of café tables and chairs and Display Merchandise immediately adjacent to business establishments by Owners with a valid registration shall be subject to the regulations set forth by the Director and the following conditions and requirements: (a) Neither the City nor any of its officers, agents or employees shall be liable for any damages, claims or liability resulting to persons or property arising from the Owner’s placement or maintenance operation1 of the café tables and chairs or Display Merchandise. (b) Registered Owners of café tables and chairs and Display Merchandise shall agree to hold harmless, defend, and indemnify the City, including, without limitation, each of its commissions, departments, officers, agents, and employees, from and against all losses, liabilities, expenses, actions, claims, demands, injuries, damages, fines, penalties, suits, costs, or judgments, including, without limitation, attorneys’ fees and costs (collectively, “Claims”), caused by reason of the placement or maintenance of the café tables and chairs and Display Merchandise in the public right-of-way, and the Owner or Owners or subsequent Owner or Owners shall be solely liable for any Claims occasioned by any act or neglect in respect to the placement or maintenance of the café tables and chairs and Display Merchandise in the public right-of-way. (c) Owners of café tables and chairs and Display Merchandise shall, at their own expense, maintain in full force and effect an insurance policy or policies sufficient to cover their liabilities and obligations under this Article 5.2. (d) Owners shall maintain the public right-of-way in a clean condition at all times. (e) Owners shall promptly remove café tables and chairs and Display Merchandise from the public right-of-way at the end of each business day. (f) Owners shall display a copy of the valid annual registration in a conspicuous location in a window or other readily visible location on the frontage of the Owners’ business establishment. This document shall be clearly visible from the public sidewalk, alley, or street and not obstructed by awnings, landscaping, or other impediments to visibility. (g) Owners are prohibited from assigning or transferring an annual registration. (h) Owners acknowledge that the Department’s authorization to encroach upon a portion of the public right-of-way with café tables and chairs and Display Merchandise granted under this Article 5.2 does not confer to Owners any real property interest of the City. (i) Owners acknowledges that the Director’s authorization for Owners to place encroachments upon the public right-of-way by way of registration is revocable at the will of the Director. (j) The following additional conditions apply to Owners’ authorized to place Display Merchandise in the public right-of-way: (1) Display Merchandise shall be placed only in locations where retail commercial activity is permitted under the Planning Code; provided, however, that Display Merchandise is not permitted in C-3 Zoning Districts pursuant to Section 210.3 of the Planning Code. (2) Owners shall display for sale on the public right-of-way adjoining the business premises only those fruits, vegetables, living plants, cut flowers, and nonfood items identified in the valid annual registration.

(3) Display Merchandise permitted by this Article 5.2 shall be a minimum of two and one-half feet and a maximum of six feet above the sidewalk, and shall extend into the sidewalk no more than 24 inches or 25% of the width of the sidewalk, whichever is less, as measured from the front of the building. Display Merchandise must meet the guidelines established by the Director for compliance with the disability access standards of the Americans with Disabilities Act and Part II of Title 24 of the California Code of Regulations. (4) An awning or other form of supported covering shall protect all produce and perishable goods. (5) Except for the area occupied by the Display Merchandise, the Owners shall keep the public right-of-way area free of obstructions at all times. (6) The Owner shall not paint, landscape, or alter the public right-of-way in any way without prior written approval of the Department. (Added as Sec. 176.5 by Ord. 236-93, App. 7/16/93; redesignated and amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025) (Former Sec. 176.4 added by Ord. 236-93, App. 7/16/93; amended by Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025; redesignated as Sec. 176.3 by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025) CODIFICATION NOTE

1. So in Ord. 117-25.

(a) The Director shall have authority to enforce against violations of this Article 5.2 or any requirements imposed pursuant to this Article 5.2. Upon the Director’s determination that an Owner has violated this Article 5.2 or related Department orders, regulations, or requirements; or is subject to any outstanding City fines, penalties, or other charges, the Director shall serve notice on said Owner to abate the violation. Any person whom the Director determines to be a responsible party may be subject to the enforcement mechanisms specified in Sections 176.5 and 176.6. (b) The nonpayment of outstanding City fines, penalties, or other charges, or the continued existence of a condition in violation of this Article 5.2, shall be grounds for the Director to prohibit placement of café tables and chairs and Display Merchandise by the Owner until such outstanding fines, penalties, or other charges have been paid or any violation has been corrected. (c) Failure to maintain a valid annual registration as required by this Article 5.2 does not relieve an Owner of the need to comply with all provisions of this Article 5.2, including, but not limited to, the Owner’s liability for any injury or Claims as defined in Section 176.4(b). (Added as Sec. 176.6 by Ord. 236-93, App. 7/16/93; redesignated and amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025) (Former Sec. 176.5 added by Ord. 236-93, App. 7/16/93; redesignated as Sec. 176.4 by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

In addition to the Director, the Director of the Department of Public Health may determine when an Owner violates any of the conditions set forth in this Article 5.2, or any rule or regulation of the Department adopted in1 under this Article 5.2. When the Director of the Department of Public Health makes such a determination, they shall forward such determination to the Department for appropriate action. (Added as Sec. 176.6A by Ord. 160-98, App. 5/15/98; redesignated and amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025) (Former Sec. 176.6 added by Ord. 236-93, App. 7/16/93; redesignated as Sec. 176.5 by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025) CODIFICATION NOTE

1. So in Ord. 117-25.

(a) In addition to any other remedies that may be available, a violation of this Article 5.2 may be punishable by an administrative fine, which may be assessed by an administrative citation issued by Department officials or employees designated in Section 38 of the Police Code. Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” as may be amended from time to time, is hereby incorporated and shall govern the procedure for the imposition, enforcement, collection, and administrative review of administrative citations issued to enforce this Article 5.2.

(b) Notwithstanding the provisions of Section 176.6(a), if the Director determines that the café tables and chairs or Display Merchandise pose a threat to the public health, safety, welfare, or convenience, the Director shall notify the responsible party that they must immediately correct or otherwise remedy the violation or be subject to the imposition of administrative penalties. The Director's notice shall be a written or electronic communication and shall specify the manner in which the violation shall be remedied. (c) The Director shall not assess administrative penalties for a responsible party’s first violation in a 12-month period as long as the responsible party corrects or otherwise remedies the violation within 24 hours. (d) If a responsible party fails to correct or otherwise remedy a violation or receives a second violation within a 12-month period, the responsible party may be assessed administrative penalties pursuant to this Section 176.7 in an amount up to $1,000 per day, per violation commencing with the first day of the second violation. (Added by Ord. 236-93, App. 7/16/93; amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

(a) Criminal Fines. (1) The Director is authorized to enforce the criminal provisions of this Article 5.2, to call upon the Chief of Police and authorized agents to assist in the enforcement of this Article 5.2, or both. (2) Any person who violates this Article 5.2 shall be deemed guilty of an infraction. Every violation determined to be an infraction is punishable by (A) a fine not exceeding $100 for the first violation within one year if not abated within 24 hours of the Director’s notice of a violation, (B) a fine not exceeding $200 for a second violation within one year from the date of the first violation, or (C) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation. (3) When a government official authorized to enforce this Article 5.2 pursuant to Subsection (1) above has reasonable cause to believe that any person has committed an infraction in the official’s presence that is a violation of this Article 5.2, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D. The placement of tables and chairs on a public sidewalk or other public right-of-way without a permit in compliance with Sections 176 through 176.4 of this Article shall constitute an infraction punishable by a fine of $100. 1 (b) Civil Penalties. (1) The Director may call upon the City Attorney to maintain an action for injunctive relief or summary abatement to cause the correction or abatement of a violation of this Article 5.2, and for assessment and recovery of civil penalties and reasonable attorneys’ fees for such violation. (2) Any person who violates this Article 5.2 may be liable for civil penalties, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalties, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: (A) the nature and seriousness of the misconduct, (B) the number of violations, (C) the persistence of the misconduct, (D) the length of time over which the misconduct occurred, (E) the willfulness of the defendant'’ misconduct, and (F) the defendant’s assets, liabilities, and net worth. The City Attorney also may seek recovery of the attorneys’ fees and costs incurred in bringing a civil action pursuant to this Section 176.8. (Added by Ord. 236-93, App. 7/16/93; amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025) CODIFICATION NOTE

1. So in Ord. 117-25.

(a) Notwithstanding any other provisions of this Article 5.2, if any café tables and chairs or Display Merchandise are placed in the public right-of-way in such a place or manner as to pose an immediate danger to persons or property, the City may seize such café tables and chairs and Display Merchandise without prior notice to the responsible party for such café tables and chairs and Display Merchandise if it is impractical to remedy the danger by moving the café tables and chairs or Display Merchandise to another point on the public right-of-way. The responsible party shall be notified promptly of such seizure and shall have the right to request an informal hearing before a City official that the Director designates within 10 business days after such notification to determine whether the seizure was proper. Any café tables and chairs and Display Merchandise seized pursuant to this Section 176.9 shall be retained by the City and may be recovered as provided herein. (b) Seized café tables and chairs and Display Merchandise shall be retained by the City and may be recovered by the responsible

party for a period of at least 10 business days following seizure. As a condition of recovering any café tables and chairs and Display Merchandise properly seized pursuant to this Section 176.9, the responsible party for such café tables and chairs and Display Merchandise shall pay an impound fee covering the actual cost to the City of transporting and storing such café tables and chairs and Display Merchandise. (Added by Ord. 236-93, App. 7/16/93; amended by Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)