(a) Findings.
(1) The Board of Supervisors of the City and County of San Francisco finds that the unauthorized removal of newspapers before they reach their intended reading public, including the unauthorized removal of newspapers circulated to the public free of charge, injures the people of the City and County by depriving them of informative printed news, entertainment, and public notices.
(2) The Board further finds that the unauthorized removal of newspapers infringes on the right of the public to a free press under the First Amendment to the United State Constitution and Article I, Section 2 of the California Constitution, and the public's right to express and exchange diverse ideas and opinions.
(3) The Board further finds that the unauthorized removal of newspapers from newsracks, storefronts, residential properties, bundle drop locations and other locations where newspapers are delivered in mass for public consumption, has become a substantial problem in the City and County of San Francisco.
(4) The Board further finds that persons taking newspapers from these locations are often selling them to recyclers, and are thus appropriating the newspapers for monetary gain.
(b) Definitions.
(1) Newspapers. For purposes of this Section, "newspapers" shall mean any publication made available to the public on a periodic basis (whether daily, weekly, monthly or quarterly), regardless of whether a fee is charged for the publication.
(2) Newsracks. For purposes of this Section, "newsracks" shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers.
(3) Residential Property. For purposes of this Section, "residential property" shall mean any property attached or adjacent to a single-family residence, apartment or other building used as a residential dwelling where a person would reasonably expect newspapers to be placed for the use of individuals residing in the building. Such property includes, but is not limited to, any front yard, driveway, or mailbox associated with such dwelling.
(4) Storefront. For purposes of this Section, "storefront" shall mean any property attached or adjacent to a business, including but not limited to grocery or convenience stores, where a person would reasonably expect newspapers to be placed for the use of the business.
(5) Bundles. For purposes of this Section, "bundles" shall mean a quantity of newspapers gathered or bound together by a publisher or distributor for the purpose of distribution to its intended audience.
(6) Bundle Drop Locations. For purposes of this Section, "bundle drop locations" shall mean places where bundles are placed in mass for distribution by authorized delivery persons.
(c) Prohibitions.
(1) It shall be unlawful for any person to remove, take, or appropriate more than one copy of a newspaper from any newsrack or bundle drop location for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper. This prohibition shall not apply to an authorized representative of the owner or operator of any newsrack, or any publisher, authorized printer or authorized distributor of newspapers.
(2) It shall be unlawful for any person, other than a business owner or the owner's authorized agent, to remove, take, or appropriate more than one copy of a newspaper from any storefront for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper.
(3) It shall be unlawful for any person to remove, take, or appropriate from any residential property more than one copy of a newspaper for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper. This prohibition shall not apply to the owner of such residential property, a person residing at such property, or the authorized representative of the owner of or person residing at such property.
(4) It shall be unlawful for a recycler or any other person or entity to purchase more than one copy of any newspaper, or to obtain more than one copy of any newspaper or other publication through trade or barter, from any person ("seller") under circumstances sufficient to give a reasonable person knowledge that the seller has removed, taken, or appropriated such newspapers before they reached their intended reading public. Circumstances sufficient to give a reasonable person such knowledge include, but are not limited to, being offered for purchase, trade or barter a bundle or bundles of multiple copies of the same edition of a newspaper by any person other than a publisher, printer, distributor or retail seller of such newspaper, or an authorized representative of such a publisher, printer, distributor or retail seller.
(d) Record Keeping. Any recycler or other person or entity purchasing newspapers in quantities of greater than 100 pounds per transaction, shall be required to record the following information for each such transaction: the seller's name, address, phone number, valid driver's license number, automobile license plate number, amount of newspapers, and amount paid per transaction. Any recycler or other person required to keep records pursuant to this Section shall maintain such records and make them available for inspection for at least one year.
(e) Penalties. Any person or entity violating any provision of this Section shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether, in the discretion of the District Attorney, the violation is a misdemeanor or infraction. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not less than $50 or more than $100, and/or community service, for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $100 or more than $500, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. In any accusatory pleading charging a violation of this Section, if the defendant previously has been convicted of a violation of this Section, each such previous violation and conviction shall be charged in the accusatory pleading. Any person or entity violating any provision of this Section a second time within a ninety-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $200 and not more than $500, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Any person or entity violating any provision of this Section a third time, and each subsequent time, within a ninety-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $500, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
(f) Severability. If any subsection, sentence, clause, phrase, or word of this Section be for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this Section or any part thereof. The Board hereby declares that it would have adopted this Section notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words.
(Added by Ord. 99-96, App. 3/6/96)