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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 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
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 6:
GARBAGE AND REFUSE
 
Dumping of Refuse, Etc., in Designated Places Prohibited.
Containerization and Binding of Refuse.
Penalty.
Hours of Removal of Waste From Fish Markets Fixed.
Penalties.
Construction and Demolition Debris.
Penalty.
Refuse Collection and Disposal Ordinance No. 17.083.
[Owner Responsibility for Refuse Collection Service]
Owner Responsibility for Maintenance of Refuse Collection Service to Dwellings and Commercial Properties; Definitions.
Owner Responsible for Refuse Collection Service.
Failure to Initiate Service, Maintain Adequate Service, or to Provide Sufficient Refuse Containers.
Violation a Misdemeanor.
Collector Entitled to Payment for Services Rendered.
Complaint of Nonpayment.
Form of Collector's Bill.
Payment by Department of Public Health Lien.
Payment Based on Incorrect Information.
Collection of Delinquent Fees as a Special Assessment.
Reports of Delinquencies Transmitted to the Director.
Hearing.
Collection of Assessment.
Continuing Appropriation Account.
Manner of Giving Notices.
Inspection Fee.
Severability.
Character of Vehicles for Refuse Removal.
[Recyclable Materials – Unauthorized Removal Prohibited.]
Definitions Applicable to Sections 293293.4.
Violations.
Penalty.
Enforcement.
Application.
Solid Waste Transfer Station – Permit Required.
Use of Manure Wagons.
Removal of Waste From Wholesale Vegetable Markets.
Sale on Sidewalk or From Standing Vehicles Prohibited.
Routes of Garbage Collectors – Collection Permits.
Local Enforcement Agency.
Independent Hearing Officer Appointment.
Procedures to Appoint Hearing Officer.
Qualifications of Hearing Officer.
Hearing Procedures.
Disqualification of Hearing Officer.
Cost Recovery.
Liens.
Duties Are Discretionary.
Remedies Not Exclusive.
Conflict With Other Laws.
Severability.
 
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. 280.  DUMPING OF REFUSE, ETC., IN DESIGNATED PLACES PROHIBITED.
   No person, company or corporation shall deposit, dump or cause to be dumped or deposited upon any street, lot or lands within City and County of San Francisco or in any water or waterways within said City and County, or from any wharf or bulkhead on the waterfront of said City and County, except as hereinafter provided, any house refuse, butchers' offal, garbage, refuse, dirt, ashes, cinder, sludge, broken glass, crockery, tins, bones, rubbish or other like matter or any dead animals (not otherwise provided for by contract or franchise heretofore granted by the City and County), or putrid or stinking animal or vegetable matter or fish, flesh and food condemned by the Director of Public Health as unfit for human food.
Editor's Note:
   See Sec. 287 for penalties applicable to violations of this section.
SEC. 283.  CONTAINERIZATION AND BINDING OF REFUSE.
   No commercial establishment, dwelling, householder or other person or entity shall store or place out for collection any refuse that is subject to putrefaction and any other refuse destined for disposal unless it is contained or secured to prevent pets and other animals from gaining access to its contents and to prevent its dispersal by the wind or other elements. All refuse other than cardboard boxes that are destined for disposal and all putrescible refuse must be placed in suitable metal or solid plastic receptacles. Plastic bags not otherwise contained in metal or solid plastic receptacles shall not in themselves constitute suitable receptacles. The contents of suitable receptacles for putrescible refuse and refuse destined for disposal shall not extend above the top or rim thereof, and shall be contained by tight-fitting lids or sealed enclosures. Cardboard boxes need not be contained provided they are emptied, flattened, and tied into bundles of sufficient size to prevent their dispersal by the wind.
(Added by Ord. 466-85, App. 10/4/85; amended by Ord. 125-01, File No. 010269, App. 6/15/2001)
SEC. 283.1.  PENALTY.
   Any person, firm or corporation violating any of the provisions of Section 283 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 $250 nor more than $500. In the alternative, any person, firm or corporation violating any of the provisions of Section 283 of this Article may be assessed an administrative penalty not to exceed $1,000 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.
(Added by Ord. 33-78, App. 1/13/78; amended by 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)
SEC. 286.  HOURS OF REMOVAL OF WASTE FROM FISH MARKETS FIXED.
   The garbage and waste from all wholesale fish markets, or places from which fish is distributed to markets and stalls, must be removed daily between the hours of 5:00 a.m. and 8:00 a.m.
Editor's Note:
   See Sec. 287 for penalties applicable to violations of this section.
SEC. 287.  PENALTIES.
   Any person who shall violate any of the provisions of Section 280 or 286 of this Article, shall be guilty of an infraction or a misdemeanor. If charged as an infraction, upon conviction thereof, said person 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 $250 nor more than $500.
   If charged as a misdemeanor, upon conviction thereof, said person shall be punished by imprisonment in the County Jail not exceeding one year or a fine not exceeding $1,000. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be solely that of the District Attorney.
   As an alternative to any other fines and penalties applicable to a violation of Section 280 of this Article, any person who is in violation of Section 280 may be subject to an administrative penalty not to exceed $1,000 for each violation. The administrative penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.
(Amended by Ord. 46-83, App. 2/4/83; 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)
SEC. 288.  CONSTRUCTION AND DEMOLITION DEBRIS.
   No commercial establishment, dwelling, householder or other person or entity, including the City and County of San Francisco, shall place out for regular refuse collection any construction and demolition debris. Unless otherwise required by Chapter 14 of the Environment Code or acceptable in an on-site residential or commercial recycling or composting collection program, construction and demolition debris must be disposed of at a construction and demolition debris facility registered pursuant to Chapter 14 of the Environment Code. For purposes of this section, construction and demolition debris means building materials and solid waste generated by construction and demolition activities, including but not limited to: fully-cured asphalt, concrete, brick, rock, soil, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, fixtures, plastic pipe, metals, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction, deconstruction, demolition or land developments. Construction and demolition debris does not include any refuse regulated under the 1932 Refuse Collection and Disposal Initiative Ordinance or sections of the Municipal Code that implement the provisions of that ordinance. Hazardous waste, as defined in California Health and Safety Code Section 25100 et seq., as amended, is not construction and demolition debris for purposes of this section.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006)
SEC. 288.1.  PENALTY.
   Any person, firm or corporation violating any of the provisions of Section 288 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 $250 nor more than $500. In the alternative, any person, firm or corporation violating any of the provisions of Section 288 of this Article may be assessed an administrative penalty not to exceed $300 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006)
SEC. 290.  REFUSE COLLECTION AND DISPOSAL ORDINANCE NO. 17.083.
   This Section is enacted to set forth portions of the Refuse Collection and Disposal Ordinance No. 17.083, Appendix A of the San Francisco City Charter, heretofore has been adopted to read as follows:
   "Section 1. The term "refuse" as used in this ordinance shall be taken to mean all waste and discarded materials from dwelling places, households, apartment houses, stores, office buildings, restaurants, hotels, institutions and all commercial establishments, including waste or discarded food, animal and vegetable matter from all kitchens thereof, waste paper, cans, glass, ashes and boxes and cutting from trees, lawns and gardens. Refuse as used herein does not include debris and waste construction materials, including, wood, brick, plaster, glass, cement, wire, and other ferrous materials, derived from the construction of or the partial or total demolition of buildings or other structures.
   "Section 2. It shall be unlawful for any person, firm or corporation to dispose of refuse as defined in this ordinance except as herein provided, save that the provisions of this ordinance shall not include refuse which may be incinerated by an owner of a building for himself or for his tenants on the premises where produced; provided, however, that such incineration shall be subject to inspection and control by the Director of Public Health and the Fire Department. Failure of any householder producing refuse to subscribe to and pay for refuse collection, unless such householder is a tenant for whom refuse collection service is provided by his landlord, shall be prima facie evidence that such householder is disposing of refuse in violation of this ordinance.
   "Section 3. Refuse consisting of waste or discarded food, animal and vegetable matter, discharged containers, of food, animal and vegetable matter and ashes shall be collected and placed in suitable metal cans of such capacity as the Director of Public Works may prescribe (but not to exceed 32 gallons in the case of a can serving one single family dwelling unit) by the producer or landlord who by reason of contract or lease with an occupant is obligated to care for such refuse, for collection by a refuse collector to be disposed of as herein provided. Waste paper and boxes and other refuse materials not subject to putrefaction or decay, and cuttings from trees, lawns and gardens may be placed in any suitable container and delivered by the producer or landlord, who by reason of contract or lease with the occupant is obligated to care for such refuse and deliver same to a refuse collector, to be disposed as herein provided; provided, however, that it shall be optional with the producer or landlord to deliver waste paper or other refuse having a commercial value to a refuse collector, and the producer or landlord may dispose of the same in any manner he may see fit. (Refuse which under the provisions hereof must be deposited in a metal can of suitable capacity shall be removed daily from the place where the same is created.)
   "Section 4. It shall be unlawful for any person, firm or corporation, other than a refuse collector licensed by the Director of Public Health as in the ordinance provided, to transport through the streets of the City and County of San Francisco any refuse as in this ordinance defined, or to collect or to dispose of the same, except waste paper, or other refuse having a commercial value."
*  *
   "Person, firms or corporations desiring to transport through the streets of the City and County of San Francisco only waste paper or other refuse having commercial value, and to collect and dispose of same need not obtain a permit therefor under the provisions of this ordinance."
   "Section 11. Disputes over charges made by collectors or as to the character of the service performed shall be decided by the Director of Public Health. Any charges made in excess of rates fixed pursuant to this ordinance, when determined by the Director of Public Health, shall be refunded to the person or persons who paid the excess charge.
   "Section 12. A refuse collector shall be entitled to payment for the collection of refuse at the end of each month from each householder or landlord served by him and from whom the payment is due."
   "Section 14. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(Added by Ord. 316-75, App. 7/11/75)
SEC. 291.  OWNER RESPONSIBILITY FOR MAINTENANCE OF REFUSE COLLECTION SERVICE TO DWELLINGS AND COMMERCIAL PROPERTIES; DEFINITIONS.
   Unless the context otherwise specifies or requires, the terms defined in this Section shall, for all purposes of this Article, have the meanings herein specified, the following definitions to be equally applicable to both the singular and plural forms of any of the terms herein defined:
   (a)   The term "City" means the City and County of San Francisco;
   (b)   The term "Collector" means a refuse collector duly licensed pursuant to the provisions of the Initiative Ordinance;
   (c)   The term "Commercial Property" means a parcel or any portion of real property where Refuse is generated that is not a Dwelling, including schools, institutions, and City properties.
   (d)   The term "Director" means the Director of Health of the City, or his authorized agents;
   (e)   The term "dwelling" means a residence, flat, apartment, or other facility, used for housing one or more persons in the City and County of San Francisco;
   (f)   The term "Initiative Ordinance" means the Initiative Refuse Collection and Disposal Ordinance adopted November 8, 1932, as amended; and
   (g)   The term "Owner" when used with reference to a dwelling shall mean, and shall conclusively be deemed to be, the legal Owner of the dwelling and when used in reference to a commercial property shall mean, and shall conclusively be deemed to be, the legal Owner of the commercial property.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 291.1.  OWNER RESPONSIBLE FOR REFUSE COLLECTION SERVICE.
   The owner of any dwelling or commercial property shall subscribe to and pay for adequate refuse collection service rendered to such dwelling or commercial property by a collector and shall provide at a location accessible to the collector for an adequate container or containers for deposit of refuse of such capacity as the Director of Public Works may prescribe. The necessity for and type of refuse collection service required and the rates charged therefor shall be governed by the Initiative Ordinance, Chapter 19 of the Environment Code, and any applicable rules and regulations adopted by the Director of Public Health.
   Nothing in this Section is intended to prevent an arrangement or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant or tenants, or any agent, in behalf of the Owner. However, any such arrangement will not affect the Owner's obligation to the City.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 291.2.  FAILURE TO INITIATE SERVICE, MAINTAIN ADEQUATE SERVICE, OR TO PROVIDE SUFFICIENT REFUSE CONTAINERS.
   When an owner fails to initiate adequate refuse collection service within 15 days of occupancy of a Dwelling or commercial property by any person, including a business entity, or fails to maintain adequate refuse collection service, the Director will evaluate the need for service and what would constitute adequate service in this context, and, where appropriate, give the Owner an order from the Director that such service or additional service is required. In determining the need for service or additional service, the Director may make use of any relevant information or evidence, including information provided by the Collector regarding the existing level of service. A copy of the Director's order will be sent to the Collector. If the Owner does not arrange with the Collector for service within 15 days from the date of mailing of the order, or request within that time a hearing before the Director to dispute a service or change of service requirement, then the Collector shall, consistent with the Director's order, initiate, maintain, or increase refuse collection service for said dwelling or commercial property.
   When in the judgment of the Director additional refuse containers are required, they shall be provided by the Owner upon written notification from the Director.
   The Director, in consultation with the Department of the Environment and after a public notice and hearing, may adopt forms, regulations, and guidelines to ensure the payment and collection of refuse services from any commercial property managers who fail to initiate or maintain sufficient refuse service, including standards and criteria for determining whether a Commercial property has provided for sufficient refuse service, or to otherwise implement and enforce Sections 291et seq.
   The Director of Public Health, or his or her designee, may impose administrative fines for violations of Sections 291.1 and 291.2, or any rules or regulations adopted by the Director to implement and enforce Sections 291 et seq. San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," as amended, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter; provided, however, that the Director may adopt regulations providing for lesser penalties than those provided in Administrative Code Section 100.5. Notwithstanding the foregoing, if Director delegates authority to the Department of Public Works to implement and enforce Sections 291et seq., the Department of Public Works may elect to assess, enforce, and collect administrative penalties in accordance with Section 39-1 of the Police Code.
   No person who is the owner, tenant, manager, employee, contractor, or visitor of a multifamily dwelling or of a multi-tenant commercial property shall be subject to fines or penalties for failure to provide adequate refuse collection service, unless and until the Director has adopted specific regulations establishing the responsibilities of such persons under this Article.
   The fine for any violation at a dwelling or commercial property which generates less than one cubic yard of refuse per week may not initially exceed $100.
   In addition to any administrative penalty assessed pursuant to this Article, the Director may assess the responsible Owner the reasonable enforcement costs incurred by the City, including reasonable attorneys' fees. The imposition of enforcement costs is within the discretion of the Director.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)
SEC. 291.3.  VIOLATION A MISDEMEANOR.
   Any Owner who shall violate any of the provisions of Section 291.1 and 291.2 of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(Added by Ord. 47-83, App. 2/4/83)
SEC. 291.4.  COLLECTOR ENTITLED TO PAYMENT FOR SERVICES RENDERED.
   Pursuant to the provisions of the Initiative Ordinance, the Collector shall be entitled to payment from the owner for services rendered. When the Owner has been directed to initiate service but fails to provide an adequate container or containers at an accessible location and the Collector attempts to collect refuse from the dwelling or commercial property, then such attempt shall be deemed the rendering of collection service for which Collector is entitled to compensation in the same manner and amount as if refuse had actually been collected. Should there be failure to make payment for any service rendered to any dwelling by the Collector, or rendered to a commercial property pursuant to an order of the Director of Public Health under Section 291.2, the means for effecting payment shall be in accordance with the procedure set forth hereunder.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 291.5.  COMPLAINT OF NONPAYMENT.
   Any account shall be deemed delinquent 15 days after the last day of the normal billing period for which service has been rendered when the bill has not been paid in full. Not less than 15 days after the Owner has been mailed the bill containing the notice described in Section 291.6 hereunder regarding a delinquent account and not more than 180 days after such account has become delinquent respecting such bill, said Collector may file with the Director a verified written complaint which shall contain the specific allegation setting forth the name or names of the Owner, the address of the Dwelling served, the period of service, the amount due, the steps taken to secure payment and such other information as the Director may reasonably require.
   Pending satisfactory payment by said Owner, or by the City pursuant to Section 291.6 hereunder, the Collector shall continue to provide uninterrupted normal refuse collection service to the Dwelling covered by the complaint; provided, however, that said Collector shall not be required to continue to provide such uninterrupted normal refuse collection service if the City fails or is unable to pay the fees due under this Article after the City has received the complaint and the rates or service to the Dwelling are not under adjudication as provided by the Initiative Ordinance.
(Added by Ord. 47-83, App. 2/4/83)
SEC. 291.6.  FORM OF COLLECTOR'S BILL.
   The bill presented to the Owner pursuant to Section 291.5 shall include a warning notice that if the bill is not paid within 15 days, it may be paid by the City and that payment by the City may render the Owner responsible for penalties, interest and may result in the recordation of a lien against the property to which service was rendered.
(Added by Ord. 47-83, App. 2/4/83)
SEC. 291.7.  PAYMENT BY DEPARTMENT OF PUBLIC HEALTH LIEN.
   (a)   The Director shall, regardless of any sale or other transfer of property, process payment to the Collector for 1) nonpayment of a residential refuse collection charge, or 2) nonpayment of a commercial refuse collection charge incurred after an order from the Director requiring commercial refuse collection service. The Director shall process these payments from a continuing appropriation account so provided herein under Section 291.14, and the Owner shall be liable to the City for fees paid. The payment by the City will, upon the recording thereof in the manner herein provided, create a lien on the real property to which the service was rendered. The lien will be officially recorded in the County Recorder's files, the lien to carry and will include additional charges for administrative expenses of $87 for residential liens and $127 for commercial liens, or 10 percent of the amount owed, whichever is higher, plus any applicable recording fees, and interest at a rate of 1½ percent per full month compounded monthly from the date of the recordation of the lien on all fees and charges due. The Owner shall be notified by the Director that the fees and charges are due to the City. In addition, the Owner shall be notified that if the fees and charges remain unpaid, subsequent proceedings may be taken to make said fees and charges a special assessment on the real property to which said refuse collection service was rendered.
   (b)   Beginning with fiscal year 2010-2011, fees set forth in this Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section.
      Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.
      Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue that is significantly more than the costs of providing the services for which the fees are assessed.
      The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 206-93, App. 6/25/93; Ord. 100-09, File No. 081404, App. 6/23/2009; Ord. 187-10, File No. 100707, App. 7/23/2010)
SEC. 291.8.  PAYMENT BASED ON INCORRECT INFORMATION.
   If City makes payment to Collector and the information provided by Collector pursuant to Section 291.5 is found to be inaccurate so as to prevent City from recovering the amount of payment from Owner, Collector shall reimburse City for the amount paid to Collector and the administrative cost incurred pursuant to this Ordinance.
(Added by Ord. 47-83, App. 2/4/83)
SEC. 291.9.  RESERVED.
(Added by Ord. 47-83, App. 2/4/83; repealed by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 291.10.  COLLECTION OF DELINQUENT FEES AS A SPECIAL ASSESSMENT.
   The Director may initiate proceedings to make delinquent refuse collection service fees a special assessment against the parcels of property situated within the City to which said service was rendered and fees paid by City.
(Added by Ord. 47-83, App. 2/4/83)
SEC. 291.11.  REPORTS OF DELINQUENCIES TRANSMITTED TO THE DIRECTOR.
   Any charges that remain unpaid by a residential property owner or a commercial property owner pursuant to an order of the Director under Section 291.2 for a period of 60 or more days after the date upon which they were billed are delinquent and may be collected in the manner set forth in this Article. A report of delinquent charges shall be transmitted to the Director. Upon receipt by the Director of the report, he or she shall fix a time, date and place for hearing the report and any protests or objections thereto.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 291.12.  HEARING.
   The Director shall cause notice of the hearing to be mailed to the Owner of the real property to which the service was rendered not less than 10 days prior to the date of hearing. At the time fixed for the report, the Director shall hear it with any objections of the Owner liable to be assessed for delinquent accounts. The Director may make such revisions, corrections or modifications of the report as it may deem just and in the event that the Director is satisfied with correctness of the report (as submitted or as revised, corrected or modified), the Director shall confirm the report. The decision of the Director on the report and on all protests or objections thereto shall be final and conclusive.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 291.13.  COLLECTION OF ASSESSMENT.
   Upon confirmation of the report by the Director, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent, ordinary municipal taxes.
   The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)
SEC. 291.14.  CONTINUING APPROPRIATION ACCOUNT.
   There is hereby created in the general fund a continuing appropriation account entitled "Payment of Property Owners' Delinquencies for Refuse Collection Service." This account shall be credited with such sums as may be appropriated by the Board of Supervisors, delinquencies collected by the Director of Public Health, assessments collected by the Tax Collector, and sums received in consideration of release of liens. Expenditures from said sums shall be made to Collectors for Owner delinquent accounts.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)
SEC. 291.15.  MANNER OF GIVING NOTICES.
   Any notice required to be given hereunder by the City, the Director or any Collector to an Owner shall be sufficiently given or served upon the Owner for all purposes hereunder if personally served upon the Owner or if deposited, postage prepaid, in a post office letter box addressed to the "Owner" at the official address of the Owner maintained by the Tax Collector of the City for the mailing of tax bills or, if no such address is available, to the Owner at the address of the dwelling or commercial property.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 291.16.  INSPECTION FEE.
   If the Director of Public Health causes a Dwelling or a Commercial Property to be inspected to determine whether the Owner has complied with Section 291.1, the Owner of the Dwelling or Commercial Property shall pay an inspection fee equal to $167 per hour of Department of Public Health staff time spent during the inspection.
(Added by Ord. 100-09, File No. 081404, App. 6/23/2009)
(Former Sec. 291.16 added by Ord. 47-83, App. 2/4/83; repealed by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 291.17.  SEVERABILITY.
   If any part or provisions of Sections 291 through 291.16 or application thereof, to any person or circumstance is held invalid, the remainder of the Section, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end the provisions of the Sections are severable.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 292.  CHARACTER OF VEHICLES FOR REFUSE REMOVAL.
   All vehicles used by refuse collectors licensed by the Director of Public Health pursuant to that certain Ordinance No. 17.083, approved by the electors at the general election held on November 8, 1932, as amended, for the purpose of collecting, disposing of, or transporting through the streets of the City and County of San Francisco, any "refuse," as defined by Section 1 of said ordinance, shall be lined with zinc, sheet iron, or other metallic substance and shall be constructed so as to prevent any liquid refuse substance from escaping from such vehicles. The total outside width of such vehicles, or the loads thereon, may exceed the width limitation prescribed by Section 35100 of the Vehicle Code of the State of California; provided, however, that in no event shall the width of such vehicles exceed 107 inches, nor shall the width of any load thereon exceed 115 inches. Such vehicles shall also be provided with canvas covers, which shall be kept in a reasonably clean condition, and which shall at all times when said vehicles are passing along or standing upon any street or alley of this City (except when the owner or person having such vehicle in charge is in the act of securing a load of refuse to be emptied into said vehicle) be kept on such vehicles in such manner that the covers shall extend well down the sides and ends of the vehicles, and be securely fastened at the corners, sides and ends of the vehicles; provided, however, that when the vehicles are empty of refuse and are reasonably clean and free from noisome odors, the covers need not be kept on the vehicles in the manner above prescribed.
   Vehicles used for the transportation of swill shall be so constructed that the same shall be watertight, and that no leakage can escape from such vehicles, and such vehicles shall be provided with a hinged metal or wood cover which can be tightly closed. All vehicles for the transportation of swill or garbage of any character shall be subject to the approval of the Director of Public Health before licenses for their operation are issued.
(Amended by Ord. 257-61, App. 9/14/61)
[Recyclable Materials – Unauthorized Removal Prohibited.]
SEC. 293.  DEFINITIONS APPLICABLE TO SECTIONS 293 - 293.4.
   (a)   "Recyclable materials" shall mean materials segregated from refuse by the producer or user of such materials and placed for collection for subsequent reuse or use as raw materials for new products. Recyclable materials shall consist only of the materials designated by the Chief Administrative Officer for collection pursuant to the City's curbside recycling program.
   (b)   "Placed for collection" shall mean the deposit of recyclable materials by the producer or user of such materials on public street or sidewalk areas for collection and removal for recycling purposes.
   (c)   "Person" shall mean any living human being, firm, partnership, association, corporation, company, organization, or government entity.
(Added by Ord. 106-90, App. 3/23/90)
SEC. 293.1.  VIOLATIONS.
   It shall be unlawful for any person other than the Collector, an authorized City employee for enforcement purposes, or the generator of recyclable materials to take, remove, move or otherwise appropriate recyclable materials that have been placed in a container designated by a Collector for recyclables or to take, remove, move, or otherwise appropriate the container that is placed for collection. The City and its duly authorized collectors shall have the exclusive right to collect recyclable materials placed for collection in public sidewalk and street areas.
(Added by Ord. 106-90, App. 3/23/90; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
SEC. 293.2.  PENALTY.
   Any person who shall violate any of the provisions of Section 293.1 of this Article shall be guilty of an infraction or a misdemeanor. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not less than $20 nor more than $250; and for a second and each additional offense by a fine of not less than $100 nor more than $250. If charged as a misdemeanor, upon conviction thereof, said person shall be punished by imprisonment in the county jail not exceeding six months or a fine not exceeding $500, or both.
(Added by Ord. 106-90, App. 3/23/90)
SEC. 293.3.  ENFORCEMENT.
   In addition to any peace officer, the following classes of employees of the City and County of San Francisco shall have the authority to enforce the provisions of Sections 293 to 293.2:
 
Classification Number
Class Title
6108
Environmental Health Technician
6120
Environmental Health Inspector
6122
Senior Environmental Health Inspector
6124
Principal Environmental Health Inspector
6126
Director, Bureau of Environmental Health
6127
Assistant Director, Bureau of Environmental Health
8280
Environmental Control Officer
 
(Added by Ord. 106-90, App. 3/23/90; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)
SEC. 293.4.  APPLICATION.
   The provisions of Sections 293 to 293.3 of this code prohibit the collection of recyclable materials from public sidewalk and street areas by any person other than authorized City employees or the City's authorized curbside recycling program collectors. The provisions of Sections 293 to 293.3 do not limit or otherwise affect the disposal of refuse having commercial value by its producer in any lawful manner he or she may choose or the recycling of collected refuse by licensed refuse collectors.
(Added by Ord. 106-90, App. 3/23/90)
SEC. 294.  SOLID WASTE TRANSFER STATION – PERMIT REQUIRED.
   It shall be unlawful for any person, firm or corporation to operate a Solid Waste Transfer Station within the City and County of San Francisco without a permit issued and signed by the Director of Public Health. A Solid Waste Transfer Station is any facility defined as a transfer or processing station under Section 40200 of the California Public Resources Code, which definition is incorporated by reference as if fully set forth herein.
(Added by Ord. 206-93, App. 6/25/93)
SEC. 297.  USE OF MANURE WAGONS.
   It shall be unlawful for any person, firm or corporation to transport or carry manure or stable refuse in any vehicle without a permit from the Director of Public Health certifying its approval of the construction of such vehicle, and specifying the manner in which such vehicle may be used.
   It shall be unlawful for any person to load manure or stable refuse upon any vehicle elsewhere than within the premises from which the same is to be removed, or to transport manure or stable refuse through the public streets in such manner as to permit the same to fall upon any street; or to unload or deposit manure or stable refuse from any vehicle anywhere within the City and County, without a permit from the Director of Public Health.
   All manure or stable refuse must be removed from the stable at least semi-weekly, and at all times shall such stable or other place, and every part and appurtenance thereof, be kept in a clean and sanitary condition.
SEC. 307.  REMOVAL OF WASTE FROM WHOLESALE VEGETABLE MARKETS.
   The rubbish, garbage and waste from all wholesale vegetable markets and from the sidewalks and streets in front of said wholesale vegetable markets must be removed daily, between the hours of 5:00 p.m. and 9:00 a.m.
Editor's Note:
   Refuse collection and disposal ordinance, see Sec. 290
SEC. 308.  SALE ON SIDEWALK OR FROM STANDING VEHICLES PROHIBITED.
   It shall be unlawful for any person, firm, or corporation, engaged in the sale or barter of vegetables, to use any sidewalk in the City and County of San Francisco for the purpose of selling, storing, dealing in or bartering said vegetables, and it shall be unlawful for any such person, firm or corporation to keep or permit any vehicle standing alongside of said sidewalk, for the purpose of selling, storing, bartering or dealing in vegetables, or for the purpose of carrying on the business of selling, bartering or dealing in vegetables, and it shall be unlawful for any such person, firm or corporation to deal in, sell or barter any vegetables from any standing vehicle while in said street.
   Nothing in this Section, however, shall be interpreted to prevent a person owning or renting a store or stall for the purpose of dealing in, selling or bartering vegetables, from using the sidewalk in front of the said store or stall for the purpose of transporting said vegetables from the said store or stall to any vehicle or from any vehicle to the said store or stall, or from storing the same on the sidewalk for the purpose of such transportation or from keeping any vehicle standing in front of the said store or stall for the purpose of said transportation.
SEC. 313.  ROUTES OF GARBAGE COLLECTORS – COLLECTION PERMITS.
   It shall be unlawful for any person, firm or corporation (whether such person, firm or corporation is licensed to collect refuse or not, as provided in Sections 4 and 8 of that certain ordinance "No. 17.083, approved by the electors at the general election held on November 8, 1932, providing for the collection and disposition of refuse in the City and County of San Francisco; providing for the licensing of refuse collectors by the Director of Public Health; fixing the maximum rates or charges for the collection of refuse by licensed refuse collectors, from homes, apartment houses, stores, etc.; dividing the City and County of San Francisco into collection routes; providing for penalties for the violation of the provisions of said ordinance") to collect any refuse from any dwelling place, household, apartment house, store, office building, restaurant, hotel, institution or commercial establishment in the City and County of San Francisco or on any of the garbage routes into which said City and County, is divided (under and by virtue of the provisions of Section 4 of the aforesaid ordinance, approved by the electors at the general election held on November 8, 1932) without first having obtained from the Director of Public Health a permit so to do in the manner and on the terms and conditions specified in Section 4 of the aforesaid ordinance approved by the electors at the general election held on November 8, 1932.
   Any permit applied for by any person, firm or corporation and issued by the Director of Public Health under the provisions of the aforesaid ordinance approved by the electors at the general election held on November 8, 1932, shall be for a certain route or certain routes as said route or routes are defined, designated and delineated by Section 4 of said ordinance approved by the electors at the general election held on November 8, 1932, and shall constitute permission to collect refuse only on the route or routes designated in said permit.
   It shall be unlawful for any person, firm or corporation holding a permit from the Director of Public Health (under the provisions of Section 4 of the aforesaid ordinance adopted by the electors at the general election on November 8, 1932) to collect garbage or to attempt to collect refuse from any dwelling place, household, apartment house, store, office building, restaurant, hotel, institution or commercial establishment, situated on any other route or routes than the route or routes for which such permit is issued.
   The term "refuse" as used in this Section shall be taken to mean all waste and discarded materials as defined by Section 1 of the aforesaid ordinance adopted by the electors at the general election held November 8, 1932.
SEC. 315.  LOCAL ENFORCEMENT AGENCY.
   The Environmental Health Section of the San Francisco Department of Public Health is the designated Local Enforcement Agency (LEA) for the permitting, inspection and enforcement of solid waste handling and disposed sites in the City and County of San Francisco under this Article and the California Public Resources Code.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 318.  INDEPENDENT HEARING OFFICER APPOINTMENT.
   Hearing Officers employed by or retained by the San Francisco Rent Board who meet the qualifications set forth in Section 324, and who are appointed according to the procedures in Section 321, shall serve as the Independent Hearing Officer for all actions brought by the LEA pursuant to the California Public Resources Code.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 321.  PROCEDURES TO APPOINT HEARING OFFICER.
   In order to appoint a Hearing Officer to hear appeals of owners/operators or other parties subject to an enforcement or permit action by the LEA pursuant to State law, or those alleging that the LEA has failed to act as required by State law or regulation, the following procedures are required:
   (a)   Upon a timely request for a hearing under Section 44307 of the California Public Resources Code, the LEA shall immediately request assignment of an appropriately qualified Hearing Officer from the San Francisco Rent Board who shall be available to conduct the hearing not less than 30 days from the LEA's receipt of the request.
   (b)   The Hearing Officer shall be selected by the Rent Board pursuant to the qualifications listed in Section 324.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 324.  QUALIFICATIONS OF HEARING OFFICER.
   An appropriately qualified Hearing Officer is defined as holding the following qualifications:
   (a)   The Hearing Officer is in good standing, and employed by, or contracted with, the San Francisco Rent Board;
   (b)   Has familiarity with administrative hearing procedures; and,
   (c)   Has familiarity with legal procedures.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 327.  HEARING PROCEDURES.
   (a)   The administrative hearing to enforce Sections 315-341 of this Article and the California Public Resources Code shall be governed by Section 44310 of the Public Resources Code.
   (b)   A person filing a hearing request pursuant to Public Resources Code Sec. 44310(a)(1) shall pay a filing fee of $158.
   (c)   The notice required under Section 44310 to the person filing the request for the administrative hearing shall inform the person that they may be liable for charges, costs, including administrative costs, expenses incurred by the Department, reasonable attorneys' fees, fines, and penalties as provided for in this Article and in the California Public Resources Code. For purposes of this Article, "person" is defined by Section 40170 of the Public Resources Code.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 329.  DISQUALIFICATION OF HEARING OFFICER.
   The Hearing Officer is subject to disqualification for bias, prejudice, or interest in the proceeding. It is not alone or in itself grounds for disqualification, without further evidence of bias, prejudice, or interest, that the Hearing Officer:
      (1)   Is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group;
      (2)   Has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding; or,
      (3)   Has as a lawyer or public official participated in the drafting of laws or regulations or in the effort to pass or defeat laws or regulations, the meaning, effect, or application of which is an issue in the proceeding.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 331.  COST RECOVERY.
   Any person who is found by the Hearing Officer to have violated or is in violation of the requirements of this Article or State law shall be liable to the City for costs incurred in abating the effects of the violation, taking other remedial action, or imposing and collecting penalties, including but not limited to administrative costs, costs of issuing an order, inspection costs, and Hearing Officer costs. The Controller's Office shall set the amount of actual costs, based on an accounting submitted by the Department within ten business days of the hearing.
   The Hearing Officer shall require in any order issued under this Section that the responsible party pay to the City the costs of any inspection or monitoring deemed necessary by the Hearing Officer because of the violation.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 333.  LIENS.
   (a)   Unless otherwise provided in this Article, all final costs, fees or administrative penalties assessed against a person for violations of this Article shall be an obligation owed to the City by the solid waste facilities permit holder and by the owner of the real property on which a solid waste facility or disposal site is located, provided that both have been given adequate notice of the alleged violations. Such obligation may be collected by means of the imposition of a lien against the property of the owner of the property or the person or business against whom the final administrative penalty was assessed. The City shall mail to the owner of the property and to the person against whom the final amount was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice. For purposes of this Article, "facility," "facility operator," "owner of the property," and "property" have the same meanings as set forth in 14 California Code of Regulations § 18011.
   (b)   Liens shall be created and assessed in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 335.  DUTIES ARE DISCRETIONARY.
   Subject to the limitations of due process and applicable requirements of State or Federal laws, and notwithstanding any other provisions of this Code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 337.  REMEDIES NOT EXCLUSIVE.
   Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 339.  CONFLICT WITH OTHER LAWS.
   Notwithstanding any other provisions of this Article, a person is exempted from any provisions of this Article that conflict with State or Federal laws or regulations to which the person is subject.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)
SEC. 341.  SEVERABILITY.
   If any section, subsection, sentence, clause, or phrase of this Article 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 Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Article would be subsequently declared invalid or unconstitutional.
(Added by Ord. 240-08, File No. 080616, App. 10/30/2008)