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(a) Notwithstanding any other provision of this Municipal Code, violation of Sections 4101 and 4102 shall not constitute a misdemeanor. The sole sanction for violation of these Sections shall be the confiscation and destruction of the prohibited replica or facsimile needle or syringe. Confiscation shall be made by law enforcement officers of the City and County of San Francisco authorized to make arrests, and may be made by any officials of the San Francisco Unified School District who may be duly authorized and designated to confiscate replica or facsimile hypodermic needles or syringes under these Sections. These officers or officials shall deliver possession of confiscated replica or facsimile hypodermic needles or syringes to the Chief of Police for the conduct of a hearing at which further retention of the replica or facsimile hypodermic needles or syringes and their destruction will be considered. Following an opportunity for a due process hearing the Chief of Police may order the return or destructions of said needles or syringes.
(b) The Chief of Police is directed to establish procedures for hearings conducted by the Chief of Police or his or her designee that will be scheduled and conducted promptly after the confiscation of a replica or facsimile needle or syringe. The purpose of the hearing authorized by this Section will be to enable the person from whom the needle or syringe was confiscated, or the owner of the needle or syringe, to establish that the needle or syringe was not in visible possession in a public area, or was not a replica or facsimile needle or syringe within the meaning of these Sections in violation of these Sections at or before the time the needle or syringe was seized by the officers or officials. No destruction of a replica or facsimile needle or syringe shall occur without a duly noticed hearing having been made available to persons whose replica or facsimile needle or syringe was confiscated.
(Added by Ord. 136-93, App. 5/17/93)