San Francisco County Municipal Code Art. 1 Public Nuisances

Sec. 1. Ark, Boat, Vessel, Dumping, Etc., of, Prohibited. Sec. 1.1. Clipper Cove Special-Use Area. Sec. 2. Purpose. Sec. 2.1. Definitions. Sec. 2.2. Fee Setting Procedure. Sec. 2.3. General Provisions. Sec. 2.4. Manner of Applying for Permit. Sec. 2.5. Investigation by the Police Department. Sec. 2.6. Discretionary Powers. Sec. 2.7. Transfer of Permits. Sec. 2.8. Tax Collector to Deliver Permit. Sec. 2.9. Permits Issued by the Police Department or Entertainment Commission. Sec. 2.10. Annual Renewal. Sec. 2.11. Quarterly Permits to Become Annual. Sec. 2.12. Power of Revocation. Sec. 2.13. Right of Appeal. Sec. 2.14. License Fees not Refundable Upon Revocation of Permit. Sec. 2.15. Filing Fees Not Refundable. Sec. 2.16. Penalties for Nonpayment of License Fees. Sec. 2.17. Revocation of Permit for Nonpayment of Permits or Licenses. Sec. 2.19. Not Exempted from Paying Other Fees. Sec. 2.20. Permitting Substitutes for Metal Badges. Sec. 2.21. Payment for Badge. Sec. 2.22. Payment for Identification Card. Sec. 2.23. Compliance. Sec. 2.24. Surrender of Permit. Sec. 2.25. Determination of Percentage of Fees Credited to Other Departments. Sec. 2.26. Schedule of Permits and Services; Filing and Service Fees. Sec. 2.27. Schedule of License Fees for Permits Issued by the Police Department or Entertainment Commission. Sec. 2.28. Fees for Closing-out Sales. Sec. 2.29. Additional License Fees. Sec. 2.30. Additional Fees – Motorized Cable Cars. Sec. 2.31. Annual Adjustment of Fees.

Sec. 13. Solicitation of Pedestrians Prohibited; Penalty; Exception. Sec. 18. Penalty. Sec. 21. Consuming Alcoholic Beverages on Public Streets, Etc., or on Public Property Open to Public View Prohibited; Penalty. Sec. 22. Obstructing Any Street, Sidewalk, Passageway or Other Public Way Prohibited; Penalty; Exceptions. Sec. 23. Obstructing Any Street, Sidewalk, Passageway or Other Public Way Prohibited, Second Offense Within 24 Hours; Penalty; Exceptions. Sec. 24. Obstructing Any Street, Sidewalk, Passageway or Other Public Way Prohibited: Second Offense Within 120 Days of Conviction; Penalty; Exceptions. Sec. 25. Remaining Upon Private or Business Property After Being Requested to Leave; Penalty; Exceptions. Sec. 26. Remaining Upon Private or Business Property After Being Requested to Leave; Second Offense Within 24 Hours; Penalty; Exceptions. Sec. 27. Remaining Upon Private or Business Property After Being Requested to Leave, Second Offense Within 120 Days of Conviction; Penalty; Exceptions. Sec. 28. Kite Flying Prohibited Near High Voltage Lines and Broadcasting Towers. Sec. 33. Rubbish, Etc., Throwing on Streets Prohibited. Sec. 34. Accumulation of Litter on Sidewalks Prohibited. Sec. 35. Cuspidors, Etc., Not to Be Emptied on Sidewalk. Sec. 35(a). Use of Sidewalk Trash or Litter Receptacles. Sec. 36. Tenant of Lower Flat Responsible. Sec. 37. Penalty. Sec. 38. Enforcement of Litter Laws; Designated Officers and Employees. Sec. 39. Procedure for Enforcement of Litter Laws. Sec. 39-1. Procedure for Assessment and Collection of Administrative Penalties for Specified Littering and Nuisance Violations. Sec. 49. Unnecessary Noise; Authorized Emergency Vehicles. Sec. 51. Smoking in Enclosed Section of Street Cars, Cable Cars, Motor Coaches and Trolley Coaches Prohibited. Sec. 52. Penalty. Sec. 55. Smoking, Etc., on Wharves, Etc. Sec. 55.1. Open Flame or Electric Arc Unlawful – Exception. Sec. 56. Authority to Make Rules. Sec. 57. Violation. Sec. 58. Exception. Sec. 63. Obstructions on Streets and Sidewalks. Sec. 64. Exceptions. Sec. 65. Obstructing Passenger Loading Zones. Sec. 69. Piling of Lumber and Timber Regulated. Sec. 74. Hydrants, Obstruction of, Prohibited. Sec. 87. Scattering Billposting Refuse Prohibited. Sec. 94. Foreclosure Responsibility and Accountability. Sec. 95. Prohibiting the Free Distribution of Tobacco in Public Places and Places Open to the Public; Penalty.

SEC. 1. ARK, BOAT, VESSEL, DUMPING, ETC., OF, PROHIBITED. It shall be unlawful for any person, firm, association or corporation to dump or discard any boat, vessel, barge, ark, or any floating structure, on the shore line, or streets of the City and County of San Francisco, that are now submerged, or any portion of the City and County of San Francisco inside of the boundary of the State of California's property on the waterfront of said City and County of San Francisco. (Added by Ord. 1.075, App. 10/11/38)

(a) Filing Fee. A filing fee is a fee levied by the Department to reimburse it for all costs, direct and indirect, including an allocatable portion of fixed overhead costs, incurred in processing any permit application or application for amendment to a permit, and in conducting any investigation connected therewith. (b) License Fee. A license fee is a fee levied by the Department on behalf of the City to reimburse the City for the costs incurred by the City in engaging in regulatory, inspection, and police activities in connection with the type of activity, business, profession, calling or event authorized by each type of permit approved by the San Francisco Police Department or Entertainment Commission. (c) Service Fee. A service fee is a fee levied by the Department to reimburse it for services providing in processing or investigating any permit application or application for amendment to or renewal of a permit, which amount is not included in the filing fee, and includes fees for fingerprinting, criminal history background checks, and advertising and notices. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 171-10, File No. 100709, App. 7/23/2010)

Each year the Chief of Police and Executive Director of the Entertainment Commission shall cause a report to be made of the revenues received from each type of fee collected by the Police Department and Entertainment Commission, respectively, the costs incurred in providing the services for which the fee is assessed, the anticipated costs for the ensuing fiscal year and the rates which would be necessary to support such costs for each type of fee. Said report shall be filed with the Controller no later than April 1st of each year pursuant to the provisions of Section 3.17-2 of the San Francisco Administrative Code. The Controller shall file said report with the Board of Supervisors no later than May 15th of each year and the Board of Supervisors shall,

by ordinance, establish or readjust the rates for the filing fees and license fees. The rates set shall be equal to, but not greater than, the rates necessary to support the costs of providing the services for which each fee is assessed. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 193-05, File No. 051027, App. 7/29/2005)

A permit does not take the place of any license required by law. A permit shall not be transferable except as provided in this Code. (Added by Ord. 555-81, App. 11/12/81)

All applications for permits required by this Code shall be made to the Police Department or Entertainment Commission in the manner prescribed in this Code and in Part III of the San Francisco Municipal Code. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

When an application is filed with the Police Department or Entertainment Commission for any of the permits required by this Code, the Police Department shall cause an investigation to be made when required by this Code prior to deciding whether to grant the permit. No permit may be issued without such investigation when it is required. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

The Police Department or Entertainment Commission, as the case may be, may issue a permit or in the exercise of the discretion provided in Section 26, Part III of the San Francisco Municipal Code, the Police Department or Entertainment Commission, as the case may be, may deny the permit; provided, however that when the approval of other City Departments is required, no permit shall be issued without the approval of such Departments. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

No permits issued by the Police Department or Entertainment Commission, as the case may be, are transferable except as expressly permitted in this Code. All applications for transfer of permit shall be made to the Police Department or Entertainment Commission, as the case may be, and shall be accompanied by the payment of the same filing fee as for an initial application. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Upon approval of the permit by the Police Department or Entertainment Commission, as the case may be, said permit, except as provided in Section 2.9 of this Article, shall be delivered to the Office of the Tax Collector, where it shall be delivered in turn to the applicant upon payment to the Tax Collector of the license fee required by law or ordinance. Written notice of the renewal, annual or otherwise, of a permit shall be delivered to the applicant upon payment of the annual license fee to the Tax Collector; but such permit or license shall not be delivered to the applicant by the Tax Collector if the Tax Collector receives written notification from the Police Department or

Entertainment Commission, depending on which one has authority to approve the particular type of permit or license, requesting that the issuance of such permit or license be withheld. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

COMMISSION. Since the following permits have no license in connection therewith, they will not be delivered to the Tax Collector, but will be issued directly from the office of the Police Department or Entertainment Commission, as the case may be. Change in Color Scheme. Closing-Out Sale. Commercial Parking Permit. Dance Hall Keeper. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 219-10, File No. 100639, App. 8/12/2010; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)

Except for permits and licenses governed under Section 76.1 of the Business and Tax Regulations Code, permits issued by the Police Department or Entertainment Commission after the adoption of this ordinance, with the exception of permits issued for temporary operations, shall be valid until the next annual renewal date as provided in this Code or for one year from the date of issuance when there is no annual renewal date, unless revoked prior to such date. The permit shall be renewed for the ensuing year and each year thereafter upon payment of the annual license fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)

Quarterly permits issued by the Police Department prior to the adoption of this ordinance shall be renewed each quarter until January 1, 1982, at which time the permits shall be issued annually as provided in Section 2.10 of this Article. (Added by Ord. 555-81, App. 11/12/81)

After written notice to the permittee, and after a hearing conducted pursuant to the requirements of Article I, Part III of the San Francisco Municipal Code, the Police Department or Entertainment Commission, as the case may be, shall have the power to revoke or suspend any permit issued by the Police Department or Entertainment Commission, respectively, under the provisions of this Code or Part III of the San Francisco Municipal Code for violations of any such provisions or written regulations of any Department relating to the use of the permit by the permittee, his agent or employee. Upon a determination that the permittee has violated or attempted to violate the aforesaid provisions of the Municipal Code or written Departmental regulations, the Police Department or Entertainment Commission, as the case may be, shall revoke or suspend the permit. The Police Department or Entertainment Commission, as the case may be, shall forward to the Tax Collector, and any other City Department involved in the issuance of such permit, written notice of such revocation or suspension. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Whenever an application for any permit provided for in this Code shall be denied or an existing permit revoked or suspended, the person

aggrieved shall have the right to appeal to the Board of Permit Appeals from such denial, revocation or suspension. An appeal shall be presented to the Board of Permit Appeals in the manner prescribed in Article I, Part III of the San Francisco Municipal Code. (Added by Ord. 555-81, App. 11/12/81)

License fees are not refundable upon the revocation or suspension of any permit pursuant to the provisions of Section 2.12 of this Article. (Added by Ord. 555-81, App. 11/12/81)

Filing fees are payable in advance and are not refundable. (Added by Ord. 555-81, App. 11/12/81)

All license fees are payable when due, unless otherwise provided, at the Office of the Treasurer and Tax Collector, in City Hall. For all permits and licenses except those governed under Section 76.1 of the Business and Tax Regulations Code, if a license fee is not paid within 30 days after the same becomes due, the Tax Collector shall add 10 percent to the amount of the stated fee as a penalty for nonpayment. If the license fee is not paid within 60 days after the same becomes due, the Tax Collector shall increase the penalty for nonpayment to 15 percent of the amount of the stated fee. If the license fee is not paid within 90 days after the same becomes due, the Tax Collector shall increase the penalty for non-payment to 25 percent of the amount of the stated fee, provided however, when a permittee has failed for a period of six months or more to pay a license fee, the Tax Collector shall, in such instance, impose another penalty of 25 percent of the total amount of fee delinquent, including previous penalty charges, to the total amount due for the delinquency payment. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)

Each year the Tax Collector shall forward to the Police Department and Entertainment Commission a list of those permit holders who have not paid the overdue fees for a period of six months or more, and the Police Department or Entertainment Commission, as the case may be, shall initiate revocation proceedings pursuant to the provisions of Section 2.12 of this Code. After a permit is revoked for nonpayment of the license fee, a new permit may be issued, but only upon filing a new application and the payment, in advance, of the filing and license fees and any overdue fees and penalties. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Payment of filing fees and license fees as provided in this Code does not exempt the permit holder from payment of any other charges which may be levied pursuant to other sections of the San Francisco Municipal Code or written rules and regulations of any department relating to the permit. (Added by Ord. 555-81, App. 11/12/81)

Whenever in this Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code, there appears a requirement for a metal badge, metallic plate, metallic bus permit or metallic chauffeur's badge, metal or metallic "jitney bus" permit or metal or metallic "jitney bus" license metallic badge or card or other similar requirement of metal, the officer responsible for the issuance thereof may substitute any suitable material for metal or metallic material. (Added by Ord. 555-81, App. 11/12/81)

The Tax Collector shall collect a fee for each badge issued in connection with a permit or license. The cost for the badge shall be set by the issuing department and shall be for the cost of processing and issuing the badge. (Added by Ord. 555-81, App. 11/12/81)

The Tax Collector shall collect a fee for each identification card issued in connection with a permit or license. The cost for the identification card shall be set by the issuing department and shall cover the cost of processing and issuing the identification card. (Added by Ord. 555-81, App. 11/12/81)

No permit shall be granted unless the applicant agrees to comply in all respects with the applicable requirements of this Code. It shall be unlawful to do or perform the act or carry on the business, trade, profession or calling for which a license or permit is required by law or ordinance or to own, keep or use the article or thing, for the owning, keeping or using of which a license or permit is required by law or ordinance, unless such license or permit be first procured. (Added by Ord. 555-81, App. 11/12/81)

Whenever any business or occupation, for which a permit has been issued by the Chief of Police or Entertainment Commission, is terminated or sold, the permit holder shall surrender the permit to the Chief of Police or Entertainment Commission, as the case may be, who shall void said permit. The Chief of Police or Entertainment Commission, as the case may be, shall notify the Tax Collector when a permit has been voided. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

DEPARTMENTS. Each year the Controller shall determine what percentage of the money charged for any filing fee is charged in order to offset the costs incurred by City departments other than the Police Department in regulating and inspecting permits issued by the Police Department and the appropriate percentage of such fees shall be credited by the Police Department to the other department as required by the Charter and Municipal Code. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 193-05, File No. 051027, App. 7/29/2005)

DEPARTMENT OR ENTERTAINMENT COMMISSION. (a) The following license fees are payable to the Tax Collector for permits issued by the Police Department or Entertainment Commission and, when applicable, for their renewal, except as provided in Section 1060.1.1 of the Police Code, as may be amended from time to time: Note: All license fees are at an annual rate unless otherwise indicated. TYPE OF PERMIT LICENSE FEE TYPE OF PERMIT LICENSE FEE Auto Wrecker $535.50 Billiard Parlor

First Table 268 Each Additional Table 14 Dance Hall Keeper 756 Dealer in Firearms and/or Ammunition 499.50 Driverless Auto Rental 367.50 Encounter Studio

Owner 558.50 Employee

Owner 564.50 Employee 131.50 Extended Hours Permit 896 Fixed Place Outdoor Amplified Sound 345 General Soliciting Agent 129.50 Licensed Tour Guide

Owner - Buses, per vehicle 972 Owner - Other Motorized Vehicles, per vehicle 195.50 Owner - Bicycle/Segway/Other Mechanisms, per mechanism 195.50 Owner - Walking 195.50 Employee 0 Limited Live Performance 265 Massage Establishment 860 Masseur/Masseuse 119 Trainee 119 per 90-day permit Mechanical Amusement Devices

First Machine 508 Each Additional Machine 0 Mobile Caterer 695 Assistant 49 Museum 249.50 Nude Models in Public Photographic Studio

Owner 535.50 Employee 131.50 Off-Heliport Landing Site 79.50 per day Pawnbroker 583.50 Peddler

Food for Human Consumption 747 Nonfood 199 Employee 81 Photographer, Public Place

Owner 249.50 Solicitor 121.50 Photographic Solicitor

Owner 209.50 Employee 121.50 Place of Entertainment 863

Poker 357.50 Public Bathhouse 483.50 Second Hand Dealer 0 Tow Car Driver

First Tow Truck 595.50 Each Additional Tow Truck 234 Valet Parking

Fixed Location 310.50 Annual Special Event 209.50 Vehicle for Hire, Nonmotorized 209.50

(b) Notwithstanding the chart above, for license periods beginning on or after April 1, 2026, the annual license fee for the following licenses shall be $0: (1) Billiard Parlor—First Table. (2) Billiard Parlor—Additional Table. (3) Dance Hall Keeper. (4) Extended Hours Permit. (5) Fixed Place Outdoor Amplified Sound. (6) Limited Live Performance. (7) Mechanical Amusement Devices—First Machine. (8) Mechanical Amusement Devices—Each Additional Machine. (9) Place of Entertainment. (Amended by Ord. 467-86, App. 12/5/86; Ord. 382-91, App. 10/28/91; Ord. 309-93, App. 10/5/93; Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/97; Ord. 150-02, File No. 021071, App. 7/12/2002; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 196-03, File No. 021948, App. 8/1/2003; Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 194-06, File No. 060779, App. 7/21/2006; Ord. 86-10, File No. 100008, App. 4/30/2010; Ord. 171-10, File No. 100709, App. 7/23/2010; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 166-12 , File No. 120597, App. 7/27/2012, Eff. 8/26/2012; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013; Ord. 45-17, File No. 161316, App. 2/24/2017, Eff. 3/26/2017; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 178-22, File No. 220678, App. 8/4/2022, Eff. 9/4/2022; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 193-24, File No. 240598, App. 7/31/2024, Eff. 8/31/2024; Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025)

(Added by Ord. 383-91, App. 10/28/91; amended by Ord. 309-93, App. 10/5/93; Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/97; Ord. 88-99, File No. 981443, App. 4/30/99; Ord. 176-02, File No. 011178, App. 8/23/2002; Ord. 196-07, File No. 070814, App. 8/3/2007; Ord. 107-08, File No. 080605, App. 6/24/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Amended by Ord. 355-85, App. 7/12/85; repealed by Ord. 86-10, File No. 100008, App. 4/30/2010)

The following filing fees are payable in advance to the Police Department when submitting applications for motorized cable car and motorized cable car operator's permits: Owner $ 105 Operator 62 The following license fees are payable to the Tax Collector for permits issued by the Police Department: Owner $ 69 Operator 11 (Added by Ord. 272-82, App. 6/10/82)

Beginning with fiscal year 2003-2004, fees set in Sections 2.26 and 2.27 may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Police Department, Taxi Commission, and Entertainment Commission shall submit its current fee schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and certifying that: (a) the fees produce sufficient revenue to support the costs of providing the services for which each fee is assessed, and (b) the fees do not produce revenue which is more than the costs of providing the services for which each fee is assessed. (Added by Ord. 150-02, File No. 021071, App. 7/12/2002; amended by Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 196-07, File No. 070814, App. 8/3/2007; Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015) SEC. 6. [REPEALED.] (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002) SEC. 7. [REPEALED.] (Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)

(Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)

(a) No person shall stand or shall cause or permit any person to stand nor shall an employer cause or permit any person to stand on the sidewalk or street in front of any store or building for the purpose of calling the attention of passersby to goods, wares or merchandise displayed or on sale in such store or building, or in any other store or building, or to solicit patronage for any business or service or to entice or persuade passersby to enter such store or building or any other store or building, or to accept the service of any business. (b) Penalty. Any person who violates any provision of this Section shall be guilty of an infraction, the penalty for which shall be as follows: (1) A fine of not less than $100 nor more than $250; (2) A fine of not less than $250 nor more than $750 for a second offense occurring within six months of the prior offense; and (3) A fine of not less than $750 nor more than $1,000 for a third and each subsequent offense occurring within six months of a prior offense. (c) Exception. It is not intended that this Section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly, or with the distribution of leaflets, handbills or other written materials. (Added by Ord. 614-79, App. 12/13/79)

Any person who shall violate any of the provisions of Section 17 of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $50 or by imprisonment in the County Jail for not more than 30 days or by both such fine and imprisonment. (Added by Ord. 1.075, App. 10/11/38)

WAY PROHIBITED; PENALTY; EXCEPTIONS. (a) No person shall wilfully and substantially obstruct the free passage of any person or persons on any street, sidewalk, passageway or other public place. (b) Penalty. Any person who shall violate the provisions of this Section shall be guilty of an infraction, the penalty for which shall be a fine of not less than $50 nor more than $500. (c) Exceptions. (1) It is not intended that this Section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose. (Added by Ord. 454-79, App. 9/7/79)

WAY PROHIBITED, SECOND OFFENSE WITHIN 24 HOURS; PENALTY; EXCEPTIONS. (a) Any person who wilfully and substantially obstructs the free passage of any person or persons on any street, sidewalk, passageway or other public place within 24 hours after violating and being cited for said violation of Section 22 shall be in violation of this Section. (b) Penalty. Any person who shall violate the provisions of this Section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the County Jail for a period not exceeding six months or by a fine of not more than $500, or by both such fine and imprisonment. (c) Exceptions. (1) It is not intended that this Section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose. (Added by Ord. 454-79, App. 9/7/79)

WAY PROHIBITED: SECOND OFFENSE WITHIN 120 DAYS OF CONVICTION; PENALTY; EXCEPTIONS. (a) Any person who wilfully and substantially obstructs the free passage of any person or persons on any street, sidewalk, passageway or other public place within 120 days after the date of conviction of a violation of Section 22 shall be in violation of this Section. (b) Penalty. Any person who shall violate the provisions of this Section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the County Jail for a period not exceeding six months or by a fine of not more than $500, or by both such fine and imprisonment. (c) Exceptions. (1) It is not intended that this Section shall apply where its application would result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly; and (2) nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities provided for such purpose. (Added by Ord. 454-79, App. 9/7/79)

BROADCASTING TOWERS. It shall be unlawful for any person to fly any kite so that the kite, tail, or string comes within 25 feet of any high voltage overhead conductor or artificially illuminated television or radio transmitting tower. As used in this Section, a "high voltage overhead conductor" is any electrical conductor with a voltage in excess of 750 volts, installed above the ground and not enclosed in iron pipe or equivalent; and an "artificially illuminated television or radio transmitting tower" is a radio or television transmitting tower equipped with electric lighting to avoid hazard to aircraft. (Amended by Ord. 458-80, App. 9/26/80)

It shall be unlawful for any person or persons to put, place, sweep, throw, brush or in any other manner deposit any rubbish, paper, cards, newspapers, wrapping or wrapping paper, container of any kind, string, cord, rope or other binding or fastening material, sweepings, dirt or debris or discarded material of any kind or character upon any sidewalk, street, alley, gutterway or other public place in the City and County of San Francisco. It shall also be unlawful for any person or persons to throw, sweep or brush any rubbish, paper sweepings or dirt from any residence, flat, apartment house, store or office building into any sidewalk, street or alley. (Amended by Ord. 1994, Series of 1939, App. 3/8/43)

It shall be unlawful for the occupant, or in the absence of an occupant, the owner or lessee, of any building in the City and County, to permit litter to remain or accumulate upon the sidewalk in front of or abutting said building. Said litter may be disposed of as provided in Section 35(a) of the Code, provided, however, that on any day the street fronting or abutting said building is scheduled to be serviced by mechanical equipment under controlled parking conditions, said litter, other than food products or material intended for food or drink may be deposited in said street, but only one hour prior to said service. The term "litter" as used herein shall mean and include the enumeration of items set forth in Section 33 of this Code. (Amended by Ord. 7-77, App. 1/7/77)

No cuspidors, spittoons, tubs or other such articles shall be washed, cleaned or emptied on any public streets, sidewalks or alleyways in this City and County. (Added by Ord. 1.075, App. 10/11/38) SEC. 35(a). USE OF SIDEWALK TRASH OR LITTER RECEPTACLES.

The litter receptacles placed on the sidewalks by the Department of Public Works may be used for deposit of casual litter such as food, wrappers and lunchbags. Sweepings from sidewalk cleaning, as specified in Section 34, may also be deposited in such receptacles. It is unlawful for any person to deposit any household garbage, refuse, waste, sweepings, or dirt collected within any residence, flat, apartment house, store, or office building in, on top, or alongside such litter receptacles. (Amended by Ord. 410-75, App. 10/1/75)

When there are flats or more than one house fronting on a pavement, the proprietor or tenant of the lower flat or house nearest the sidewalk shall be held responsible for the cleanliness of said sidewalk. (Added by Ord. 1.075, App. 10/11/38)

(a) Any person who shall violate any of the provisions of Sections 33, 34, 35 or 36 of this Article shall be guilty of an infraction and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $80 nor more than $100; and for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $300 nor more than $500. (b) Any person who shall violate any of the provisions of Section 35(a) of this Article shall be guilty of an infraction and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $80 nor more than $100; for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $300 nor more than $500. (c) Alternatively, any person who violates any of the provisions of Sections 33, 34, or 35(a) of this Article shall be subject to an administrative penalty not to exceed $1,000 for each violation. Administrative penalties authorized by this section shall be assessed, enforced and collected in accordance with Section 39-1 of this Code. (Amended by Ord. 72-86, App. 3/14/86; Ord. 197-98, App. 6/19/98; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004)

In the enforcement of said provisions the classes of officers and employees set forth in Section 38 shall utilize, where appropriate, the procedure as prescribed by Section 836.5 and Chapter 5C (commencing with Section 853.5) of Title 3, Part 2, of the Penal Code of the State of California. (Added by Ord. 76-87, App. 3/20/87)

(Amended by Ord. 172-69, App. 5/21/69; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 193-05, File No. 051027, App. 7/29/2005; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 75-16 , File No. 160104, App. 5/13/2016, Eff. 6/12/2016; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Amended by Ord. 172-69, pp. 5/21/69; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Amended by Ord. 172-69, App. 5/21/69; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Amended by Ord. 172-69, App. 5/21/69; Ord. 100-12 , File No. 120405, App. 6/8/2012, Eff. 7/8/2012; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 172-69, App. 5/21/69; amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 172-69, App. 5/21/69; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 172-69, App. 5/21/69; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 172-69, App. 5/21/69; amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 193-05, File No. 051027, App. 7/29/2005; repealed by Ord. 163-17 , , File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(Added by Ord. 172-69, App. 5/21/69; section deleted and provisions merged into Sec. 49 by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

COACHES AND TROLLEY COACHES PROHIBITED. It shall be unlawful for any person to smoke any cigar, pipe or cigarette, or to carry any lighted cigar, pipe or cigarette within the enclosed section of any street car, cable car, motor coach or trolley coach operated within the City and County of San Francisco. (Amended by Ord. 4007, Series of 1939, App. 9/5/46)

Any person who shall violate any of the provisions of Sections 51, 51.1 or 51.2 of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $25 or by imprisonment in the County Jail for not more than 10 days, or by both such fine and imprisonment. (Added by Ord. 49-73, App. 2/8/73)

(Added by Ord. 74-86, App. 3/14/86; amended by Ord. 562-88, App. 12/27/88; Repealed by Ord. 312-08, File No. 081009, App. 12/19/2008)

(Added by Ord. 74-86, App. 3/14/86; Repealed by Ord. 312-08, File No. 081009, App. 12/19/2008)

It shall be unlawful for any person to use an open flame of any character or an electric arc, excepting only when said open flame or electric arc is necessarily employed in the making of repairs, alterations, or structural changes on or in any wharf, pier, dock, bulkhead or marine facility or within any hatch, hold or other space wherein cargo of any character is or may be kept or stored in any vessel on or within the limits of the City and County of San Francisco. (Added by Ord. 2692, Series of 1939, App. 4/26/44)

The Chief Engineer of the Fire Department, in conjunction with the Chief of the Division of Fire Prevention and Investigation, is hereby authorized and given full power and authority to make all necessary rules and regulations, not in conflict with the provisions of Sections 55 and 55.1 of this Chapter, providing for the use of any open flame or electric arc when the same are used in the making of repairs, alterations, or structural changes on any wharf, pier, dock, bulkhead or marine facility or within any hatch, hold or other space wherein cargo of any character is or may be kept or stored in any vessel on or within the limits of the City and County of San Francisco, and providing for the safe and proper fire protection for any area or space, including any office or lunchroom, wherein smoking is permitted in accordance with Section 55 of this Chapter. (Amended by Ord. 2692, Series of 1939, App. 4/26/44)

Any person who shall violate any of the provisions of Sections 55, 55.1 and 56 of this Article, or any rule or regulation made by the Chief of the Fire Department in conjunction with the Chief of the Division of Fire Prevention and Investigation, under authority hereof, shall be guilty of a misdemeanor and shall be punished by a fine of not exceeding $500, or imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. (Amended by Ord. 1691, Series of 1939, App. 4/26/44)

The Municipal Recreation Concrete Pier at the Aquatic Park shall be exempt from the provisions of Sections 55 and 57 of this Article, except those provisions contained in Section 56 of this Article. (Added by Ord. 1.075, App. 10/11/38)

(a) It shall be unlawful for any person, firm or corporation, occupying or having charge or control of any premises, to place or cause to be placed, or suffer to remain upon the sidewalk, or upon the half of the street in front of such premises, any Article or substance which shall obstruct the passage of such street or sidewalk. (b) It shall be unlawful for any person, firm or corporation to enter into a lease, rental agreement or contract of any kind, written or oral, with or without compensation, for the use of any street or sidewalk. (c) As an alternative to any other fines or penalties applicable to a violation of this section, any person, firm or corporation who is in violation of this section shall be subject to an administrative penalty not to exceed $300 for each violation. The administrative penalty shall be assessed, enforced and collected in accordance with Section 39-1 of this Code. (Amended by Ord. 169-87, App. 5/4/87; Ord. 87-03, File No. 030482, App. 5/9/2003)

It shall be unlawful for any person, firm or corporation to place or pile, or cause to be placed or piled, any lumber or timber to a greater height than 35 feet measured vertically from the general level of the ground on which it is placed or piled. (Added by Ord. 1.075, App. 10/11/38)

It shall be unlawful for any person to obstruct any hydrant on any public street, or to place or deposit any lumber, rock, sand, or other substance within 15 feet of any hydrant on the roadway of any street. (Added by Ord. 1.075, App. 10/11/38)

No person, firm or corporation shall scatter, daub or leave any paint, paste, glue, or other substance used for painting or affixing advertising matters upon any public street or sidewalks or scatter or throw or permit to be scattered or thrown any bills, waste matter, paper, cloth or materials of whatsoever kind removed from billboards on any public street or on private property. (Added by Ord. 1.075, App. 10/11/38)

(Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)

(Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)

Title. This Section shall be known as the Foreclosure Responsibility and Accountability Ordinance. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014) (Former Sec. 94 added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)

For the purposes of this Article, the following terms shall have the following meanings: (a) "Foreclosed Property/ies" means a property where a Trustee Deed is issued evidencing the sale, recovery or transfer to a lender or a third party pursuant to any judicial or non-judicial process initiated as recourse for a borrower's default or alleged default on a loan secured by the property. (b) "Public Nuisance" includes any condition that is defined as a public nuisance under California state law including California Civil Code Sections 3479 and 3480. "Public Nuisance" also includes any condition declared by the San Francisco Municipal Code to be a public nuisance. (c) "Person" shall include, but is not limited to: (1) individuals; (2) corporations; (3) not-for-profit organizations; (4) partnerships; (5) associations; (6) other business entities; and (7) groups of individuals or entities. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause. or phrase not declared invalid or unconstitutional without regard to whether any portion of this ordinance would be subsequently declared invalid or unconstitutional. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

Nothing in this ordinance shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

In adopting and implementing this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing in its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 212-12, File No. 120318, App. 10/9/2012, Eff. 11/8/2012; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)