Loading...
(a) Any person violating any provision of this Article shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not less than $125 or more than $250 for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $500 or more than $600 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 Article, if the defendant has been previously convicted of a violation of this Article, each such previous violation and conviction shall be charged in the accusatory pleading. Any person violating any provision of this Article a second time within a 30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $650 and not more than $750 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 violating any provision of this Article a third time, and each subsequent time, within a 30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $750 and not more than $1,000 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.
(b) Any person who violates or proposes to violate any of the provisions of this Article may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any charitable organization or person of any practices which violate this Article, or which may be necessary to restore to any person any money or property, real or personal, which may have been required by means of any practice in this Article declared to be unlawful.
Actions for injunction under this Section may be prosecuted by the Attorney General, the District Attorney, or City Attorney upon their own complaint or upon the complaint of any board, officer, person or by any person or charitable organization acting for the interests of itself, its members or the general public. In its discretion, the court may allow the party bringing the action reasonable costs, including attorney's fees.
(c) Any person who intentionally violates any injunction issued pursuant to this Section shall be liable for a civil penalty not to exceed $6,000 for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant.
(d) If any action for violation of Subsection (c) is brought by the Attorney General, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco, and one-half to the State Treasurer for deposit in the General Fund. If brought by the District Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the District Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by the City Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the City Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by a private party, one-half of the penalty collected pursuant to this Section shall be paid to such the party and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund.
(e) Any person who violates any provision of this Article shall be liable for a civil penalty not to exceed $2,500 for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the Attorney General, the District Attorney, or the City Attorney in any court of competent jurisdiction, upon their own complaint or upon the complaint of any board, officer, person or by any person or charitable organization acting for the interests of itself, its members or the general public. In its discretion, the court may allow the party bringing the action reasonable costs, including attorney's fees.
(f) If any action for violation of Subsection (e) is brought by the Attorney General, one-half of the penalty collected shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund and one-half to the State Treasurer. If brought by the District Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the District Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by the City Attorney, one-half of the penalty collected pursuant to this section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the City Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by a private party, one-half of the penalty collected pursuant to this Section shall be paid to such the party and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund.
(g) Any person who intentionally or negligently violates any of the reporting requirements of this Article shall be liable in a civil action brought by any person otherwise authorized to file an action under this Article for an amount of three times the amount not properly reported if the violation was intentional or the amount not properly reported if the violation was negligent.
(h) The remedies provided for in this Section are cumulative to each other and to the remedies or penalties available under all other laws of the City and County of San Francisco and the State of California.
(i) If two or more persons are responsible for any violation of this Article, they shall be jointly and severably liable.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 53-89, App. 3/1/89; Ord. 289-90, App. 8/1/90)
(a) Any item of merchandise sold or offered for sale in violation of Section 660.2(j) of this Article which is in the possession of the City and County of San Francisco is subject to forfeiture pursuant to this section, provided that so long as the injunction imposed by the United States Court of Appeals for the Ninth Circuit in Case Number 88-1904 remains in effect, this section shall not apply to goods the sale of which is inextricably intertwined with a statement carrying a religious, political, philosophical or ideological message.
(b) An action to forfeit matter described in Subdivision (a) may be brought by the District Attorney or the City Attorney. Proceedings shall be initiated by a petition of forfeiture filed in the Superior Court.
(c) The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the property, which notice shall state that any interested party may file a verified claim with the Superior Court stating the amount of their claimed interest and an affirmation or denial of the prosecuting agency's allegation. If the notices cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the goods seized is required to be filed.
(d) (1) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the Superior Court a verified claim stating his or her interest in the property. A verified copy of the claim shall be given by the claimant to the District Attorney or City Attorney, as appropriate.
(2) If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of compliance with Subdivision (c). All goods forfeited under this section shall be donated to charitable organizations having tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code for the purpose of having those goods distributed to those in need free of charge.
(e) The burden shall be on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section.
(f) It shall not be necessary to seek or obtain a criminal conviction prior to the entry of an order for the forfeiture of property pursuant to this section. Any property described in Subdivision (a) which is in the possession of the City and County obtained as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered forfeited.
(Added by Ord. 289-90, App. 8/1/90)
In undertaking the adoption and enforcement of this ordinance, the City and County is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on 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.
(Amended by Ord. 106-87, App. 4/3/87)
If any part of the ordinance, or the application thereof, to any person, charitable organization or circumstance is held invalid by the final judgment of a court of competent jurisdiction, the remainder of this ordinance, including the application of such part or provision to other persons, charitable organizations or circumstances, shall not be affected thereby, and this ordinance shall otherwise continue in full force and effect and shall otherwise be fully operative. To this end, the provisions of this ordinance, and each of them, are hereby declared to be severable.
(Amended by Ord. 106-87, App. 4/3/87)
In adopting this Article, the Board of Supervisors recognizes that it may not preempt or supersede, nor does it intend to preempt or supersede, any state law or regulation related to the use of public sidewalks, including those related to obstruction of public sidewalks. Further, in adopting this legislation, the Board of Supervisors does not intent to repeal or amend any ordinance or regulation related to the use of the public sidewalks, including, but not limited to, Police Code Sections 22 through 24, exclusive, related to the obstruction of public sidewalks.
(Amended by Ord. 106-87, App. 4/3/87)