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For purposes of this article, a stadium is defined as a location enclosed by a building, structure, or fence designed to hold more than 25,000 patrons and designed for the exhibition of an athletic event, whether on private or public property, except property under the control of the Recreation and Park Department.
(Added by Ord. 54-00, File No. 000475, App. 3/31/2000)
Members of the San Francisco Police Department are authorized to order persons to stay out of, or to leave, any stadium when such officers have reasonable cause to conclude that the person so excluded:
(a) Is using any drug, or any "controlled substance" as that term is defined and described in the California Health and Safety Code;
(b) Is under the influence of intoxicating liquor, any drug, or any "controlled substance" as that term is defined and described in the California Health and Safety Code, or any combination of any intoxicating liquor, drug, or controlled substance, and is in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others or interferes with or obstructs or prevents the use of the stadium by other patrons;
(c) Is doing any act injurious to the stadium's structure, signage or facility;
(d) Throws any potentially dangerous object;
(e) Possesses any firearm or other object used primarily as a weapon;
(f) Climbs or jumps from any wall, fence or structure;
(g) Gains admittance without paying;
(h) Disobeys any rule or regulation governing such stadium after being warned not to do so by a police officer or employee of the stadium owner or tenant, if the officer or employee has reasonable cause to conclude that such behavior damages or risks damage to property or injures or risks injury to any person or interferes with the use and enjoyment of such area or facility by other persons; or
(i) Behaves in so noisy, boisterous or rowdy a manner as to disturb spectators or participants at any event at the stadium.
(Added by Ord. 54-00, File No. 000475, App. 3/31/2000)
(Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)
(a) It shall be unlawful for any person to deposit or cause to be deposited any human urine or feces upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public property other than property designated or set aside for that purpose.
(b) Penalty. Any person who shall violate the provisions of this Section shall be guilty of an infraction, the penalty for which shall be a fine which shall be not less than $50 nor more than $500.
(c) The Department of Public Works shall work with other City Departments to post and update on the City's website a list of the locations and hours of operation of all available City-operated restroom facilities.
(d) Exemption. Persons who violate this ordinance due to verified medical conditions shall be exempt from the enforcement provisions of this ordinance.
(Added by Ord. 160-02, File No. 020293, App. 7/19/2002)
(a) The Board of Supervisors finds that a person's public exposure of his or her private parts
(1) invades the privacy of members of the public who are unwillingly or unexpectedly exposed to such conduct and unreasonably interferes with the rights of all persons to use and enjoy the public streets, sidewalks, street medians, parklets, plazas, public rights-of-way, transit vehicles, stations, platforms, and transit system stops,
(2) creates a public safety hazard by creating distractions, obstructions, and crowds that interfere with the safety and free flow of pedestrian and vehicular traffic, and
(3) discourages members of the public from visiting or living in areas where such conduct occurs. The Board of Supervisors has enacted the provisions of this Section 154 for the purpose of securing and promoting the public health, safety, and general welfare of all persons in the City and County of San Francisco.
(b) A person may not expose his or her genitals, perineum, or anal region on any public street, sidewalk, street median, parklet, plaza, or public right-of-way as defined in Section 2.4.4(t) of the Public Works Code, or in any transit vehicle, station, platform, or stop of any government operated transit system in the City and County of San Francisco.
(c) The provisions of this chapter shall not apply to
(1) any person under the age of five years or
(2) any permitted parade, fair, or festival held under a City or other government issued permit. Notwithstanding this exemption, all persons participating in or attending permitted parades, fairs or festivals shall comply with Section 1071.1(b)(2) of the San Francisco Police Code.
(d) Any person who violates this Section 154 shall be guilty of an infraction and upon conviction thereof such person shall be punished by a fine not to exceed one hundred dollars ($100) for a first violation, and not to exceed two hundred dollars ($200) for a second violation within twelve months of the first violation.
(e) Upon the third or subsequent conviction under this Section 154 with in twelve months of the first violation, such person shall be guilty of an infraction or a misdemeanor. The complaint charging such violation shall specify whether, in the discretion of the District Attorney, the violation is an infraction or a misdemeanor. If charged as an infraction, upon conviction, the violator shall be punished by a fine not to exceed $500. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for a period not to exceed one year or by both such fine and imprisonment.
(f) This Section shall not supersede or otherwise affect existing laws regulating nudity under the San Francisco Municipal Code, including but not limited to the Park Code, Police Code, and Port Code. But in the event of a conflict between this Section 154 and Police Code 1071.1(b)(2), this Section 154 shall prevail.
(g) A violation of this Section does not require lewd or sexually motivated conduct as required under the indecent exposure provisions of California Penal Code Section 314 or for purposes of California Penal Code Section 290(c).
(h) Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
Editor's Note:
See also the following provisions of the San Francisco Municipal Code:
Prohibiting Nude Performers, Waiters and Waitresses – Police Code Art. 15.3;
Nude Models in Public Photography Studios – Police Code Art. 15.5;
Disorderly Conduct (Relating to Nudity) – Park Code Sec. 4.01(h); Port Code Sec. 3.1(h).
See also the following provisions of the San Francisco Municipal Code:
Prohibiting Nude Performers, Waiters and Waitresses – Police Code Art. 15.3;
Nude Models in Public Photography Studios – Police Code Art. 15.5;
Disorderly Conduct (Relating to Nudity) – Park Code Sec. 4.01(h); Port Code Sec. 3.1(h).
Whenever the free passage of any street or sidewalk shall be obstructed by a crowd, except on occasion of public meeting, the persons composing such crowd shall disperse or move on when directed so to do by any police officer.
(Added by Ord. 1.075, App. 10/11/38)
(Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 196-03, File No. 021948, App. 8/1/2003)
(Added by Ord. 1.075, App. 10/11/38; repealed by Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017)
(a) Findings. San Francisco is a dense, urban environment where everyone must use the public sidewalk for travel. The people of San Francisco find that maintaining pedestrian and authorized commercial activity on public sidewalks is essential to public safety, thriving neighborhoods and a vital economy in the City. The people of the City and County of San Francisco find that sitting or lying down is not the customary use of the public sidewalks. The need to maintain pedestrian and commercial traffic is greatest during the hours of operation of businesses, shops, restaurants, and other City commercial enterprises when public sidewalks are congested, and when City residents are most likely to use their neighborhood sidewalks. Persons who sit or lie down on public sidewalks during business hours threaten the safety of pedestrians, especially the elderly, disabled, vision-impaired, and children. Persons who sit or lie down also deter residents and visitors from patronizing local shops, restaurants and businesses, and deter people from using the sidewalks in their neighborhoods. San Franciscans seek policies that preserve the right to enjoy public space and traverse freely, while protecting the free-speech rights of individuals and groups, as well as other safe activity consistent with City permitting requirements. Business areas and neighborhoods become dangerous to pedestrian safety and economic vitality when individuals block the public sidewalks. This behavior causes a cycle of decline as residents and tourists go elsewhere to walk, meet, shop and dine, and residents become intimidated from using the public sidewalks in their own neighborhoods. Because lying down or sitting is an incompatible use of the sidewalk in residential and commercial areas, and in order to prevent displacement of violators from one district or neighborhood to another, the prohibition applies Citywide.
The prohibition against sitting or lying down on sidewalks leaves intact the individual's right to speak, protest or engage in other lawful activity on any sidewalk consistent with any City permitting requirements.
The prohibition applies only to public sidewalks. There are a number of places where the restrictions of this ordinance do not apply, including private property, beaches, plazas, public parks, public benches, and other common areas open to the public. The prohibition contains exceptions for medical emergencies, those in wheelchairs, and permitted activities, among others.
The people of San Francisco acknowledge that there are myriad reasons why one might sit or lie down on a public sidewalk. The City has offered and offers services to those engaged in sitting or lying down on the sidewalk who appear to be in need, or to those who request service assistance, but the offers are refused in many cases or people continue the conduct despite the provision of services. The City will continue to invest in services for those in need and make efforts to maintain and improve safety on public sidewalks for everyone. In order to provide an opportunity for law enforcement officers to engage people, and to offer to refer to an appropriate entity if the person asks, or if the officer has reason to believe that such a referral would be beneficial, a peace officer may not issue a citation without first warning a person that sitting or lying down is unlawful.
Present laws that prohibit the intentional, willful or malicious obstruction of pedestrians do not adequately address the safety hazards, disruption and deterrence to pedestrian traffic caused by persons sitting or lying on sidewalks.
(b) Prohibition. In the City and County of San Francisco, during the hours between seven (7:00) a.m. and eleven (11:00) p.m., it is unlawful to sit or lie down upon a public sidewalk, or any object placed upon a public sidewalk.
(c) Exceptions. The prohibitions in Subsection (b) shall not apply to any person:
1. Sitting or lying down on a public sidewalk due to a medical emergency;
2. Using a wheelchair, walker, or similar device as the result of a disability;
3. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a sidewalk use permit;
4. Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to and in compliance with a street use or other applicable permit;
5. Sitting on a fixed chair or bench located on the public sidewalk supplied by a public agency or by the abutting private property owner;
6. Sitting in line for goods or services unless the person or person's possessions impede the ability of pedestrians to travel along the length of the sidewalk or enter a doorway or other entrance alongside the sidewalk;
7. Who is a child seated in a stroller; or
8. Who is in an area designated as a Pavement to Parks project.
(d) Warning. No person shall be cited under this Section unless the person engages in conduct prohibited by this Section after having been notified by a peace officer that the conduct violates this Section.
(f) Penalties.
1. First Offense. Any person violating any provision of this Section shall be guilty of 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.
2. Subsequent Offenses. Any person violating any provision of this Section within 24 hours after violating and being cited for a violation of this Section 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 ten (10) days, or by both such fine and imprisonment. Any person violating any provision of this Section within 120 days after the date of conviction of a violation this Section shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $400 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 thirty (30) days, or by both such fine and imprisonment.
(g) Reporting. One year after the effective date of this ordinance, and every two years thereafter, the Police Department shall make a written report to the Mayor and the Board of Supervisors that evaluates the effectiveness of enforcement of this ordinance on the City's neighborhoods.
(h) Outreach. The City shall maintain a neighborhood outreach plan to provide the social services needed by those who chronically sit or lie down on a public sidewalk. The plan will include, but not be limited to, health care and social service capacity, evaluation of service delivery and identification of areas for improved service delivery.
(i) 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.
(Added by Prop. L, App. 11/2/2010)
(a) Findings.
(1) Homeless encampments such as tents on our sidewalks and in our neighborhoods persist and have become a major problem in the City. These encampments are unsafe and unhealthy for the people living in them, and they make our neighborhoods less safe and less healthy for families, residents, and visitors to the City. The City already prohibits encampments in public parks.
(2) San Francisco is a compassionate city and must do everything possible to transition people experiencing homelessness to stable and successful permanent housing by providing services and low-barrier-to-entry shelters. But prolonging encampments in our neighborhoods does not help homeless individuals, nor does it make our neighborhoods safer. In one of the world’s most prosperous countries and one of its most affluent cities, no one should be forced by circumstances to sleep on the streets.
(3) Maintaining accessible sidewalks for everyone is an important public safety objective. No one, especially people in wheelchairs or with strollers or walkers or sight impairments, should be forced to travel in the street due to a blocked sidewalk. Further, sidewalks blocked by encampments can obstruct fire and police personnel responding to emergencies. Encampments also often exhibit the presence of syringes, feces, urine, and uncontained food, all of which present public health risks and can become vectors for disease, illness, and rodents.
(4) San Francisco is a dense urban environment where multitudes of people use public sidewalks for travel. Maintaining pedestrian and authorized commercial activity on public sidewalks is essential to public safety, thriving neighborhoods, and a vital local economy.
(5) The placement of tents and other structures used for habitation on the sidewalk is not a customary or traditional use of this important public space.
(6) Because the placement of tents and other structures used for habitation on public sidewalks is an incompatible use of the sidewalk in residential, commercial, and industrial areas, and to prevent displacement of sidewalk encampments from one district or neighborhood to another, the prohibition in subsection (c) applies citywide.
(1) “Encampment” shall mean a tent or any structure consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down;
(2) “Homeless Services” shall mean the Human Services Agency’s Homeward Bound program, or another program offering similar services whereby the City pays for the transportation of homeless individuals living in the City to a destination outside the City if the City can verify with friends or family of the individual that the individual will have a place to stay and ongoing support at the destination;
(3) “Housing” shall mean placement in a Navigation Center or another housing option provided by the City;
(4) “Personal Property” shall mean any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication;
(5) “Shelter” shall mean temporary shelter or another shelter option provided by the City; and
(6) “Sidewalk” shall mean the area between the fronting property line and the back of the nearest curb.
(c) Prohibition. In the City and County of San Francisco, it is unlawful to place an Encampment upon a public sidewalk. This prohibition shall not apply to the placement of an Encampment on a public sidewalk pursuant to and in compliance with a street use permit or other applicable permit.
(d) Offer of Housing, Shelter and Homeless Services. Prior to ordering a person to remove an Encampment or prior to removing the Encampment, the City officer or employee enforcing subsection (c) shall offer Housing or Shelter to all residents of the Encampment who are present. The City officer or employee shall also offer Homeless Services to residents of the Encampment who are present. The offer of Housing or Shelter and Homeless Services shall also be made through the notice required by subsection (f). The City shall not enforce the prohibition of subsection (c) unless there is available Housing or Shelter for the person or persons residing in the Encampment.
(e) Enforcement. The prohibition of subsection (c) may be enforced by: (1) the Department of Public Health, (2) the Department of Public Works, and (3) the Department of Homelessness and Supportive Housing, if such department exists, or if it does not exist, a department the focus of which is the provision of housing and services to homeless persons. The Department of Homelessness and Supportive Housing may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this Section 169 and may create any additional procedures consistent with this Section 169 necessary or appropriate to protect the property rights of individuals whose property is seized pursuant to this Section 169. If the Department of Homelessness and Supportive Housing does not exist, the City Administrator, or a department designated by the City Administrator, may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this Section 169 and may create any additional procedures consistent with this Section 169 necessary or appropriate to protect the property rights of individuals whose property is seized pursuant to this Section 169.
(f) Notices. The City shall remove Encampments in accordance with the following requirements:
(1) Notice of Intent to Remove Encampment. The City shall provide residents of the Encampment notice of the City’s intent to remove the Encampment 24 hours in advance of any action to remove the Encampment. Notice shall be in writing and shall be served personally on the resident or residents of the Encampment present when the City official or employee enforcing the prohibition of subsection (c) attempts to serve notice. In addition, the City official or employee shall post the notice on or near the Encampment, so as reasonably to communicate the notice to persons living at the Encampment but not present during the attempt to serve notice. The notice shall contain the following information:
(A) the location of the Encampment;
(B) the date and time notice was served or posted;
(C) a statement that the Encampment violates Section 169(c);
(D) an advisement that the City will remove the Encampment 24 hours after the date and time of the notice;
(E) an advisement that there is Housing or Shelter and Homeless Services available for residents of the Encampment and the phone number and address to contact in order to obtain the Housing or Shelter and Homeless Services;
(F) an advisement that any Personal Property remaining at the Encampment site when the City returns to remove the Encampment will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and
(G) the address, phone number, and operating hours of the location where the Personal Property will be stored and may be retrieved and that the City will charge no fee for storage or retrieval.
(2) Notice Regarding Personal Property Seized When Encampment Removed. When the City removes an Encampment, a written notice shall be given to any residents of the Encampment present and conspicuously posted in the area from which the Encampment was removed. The notice shall contain the following information:
(A) the location of the Encampment being removed;
(B) a statement that the Encampment violated Section 169(c);
(C) a general description of any Personal Property removed;
(D) the date and time the Personal Property was removed;
(E) an advisement that the Personal Property will be stored for at least 90 days, and the address, phone number, and operating hours of the location where the Personal Property is being stored and may be retrieved and that the City will charge no fee for storage or retrieval; and
(F) an advisement that if the Personal Property is not retrieved within 90 days, it will be discarded.
(g) Personal Property. A person residing in an Encampment who is present at the time the City is removing the Encampment may retain his or her Personal Property except that items constituting an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband may be seized, as permissible by law. Any Personal Property seized by the City pursuant to the enforcement of subsection (c) shall be stored by the Department of Public Works or another City entity for no less than 90 days, with the following exceptions:
(1) Items that present a health or safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and food, need not be stored and may be discarded; and
(2) Items that constitute evidence of a crime or contraband may be seized and discarded, as permissible by law.
(h) Other laws and orders. Nothing in this Section 169 shall be construed to permit any conduct prohibited by or limit the City’s authority to enforce any other State or City law, including but not limited to: (1) Police Code Sections 22-24, which prohibit willfully and substantially obstructing the free passage of any person; (2) Police Code Section 168, which prohibits sitting or lying on the sidewalk during certain hours; and (3) Section 581 of the Health Code, which prohibits public health nuisances.
(i) Undertaking for the General Welfare. In enacting and implementing this Section 169, the City 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.
(j) Severability. If any subsection, sentence, clause, phrase, or word of this Section 169, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Section. The People of the City and County of San Francisco hereby declare that they would have adopted this Section 169 and each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Section or application thereof would be subsequently declared invalid or unconstitutional.
(k) Amendment or Repeal. This Section 169 may be amended or repealed by a vote of the People at a City election. This Section may also be amended by ordinance passed by a two-thirds’ vote of the Board of Supervisors and signed by the Mayor so long as such amendments are consistent with and further the intent of this Section.
(Added by Proposition Q, 11/8/2016)
(Former Sec. 169 added by Ord. 1.075, App. 10/11/38; repealed by Ord. 14-02, File No. 011845, App. 2/8/2002)
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