Permits—Purpose. | |
Definitions. | |
Permits Required. | |
Additional Activities Requiring Permits. | |
Permit Procedure. | |
Conditions. | |
Permits—Basis for Denial. | |
Petitioning, Leafletting, Picketing, Soliciting. | |
Reservations of Buildings. | |
Sales Prohibited at Art Shows. | |
Commercial Photography, Filming, Recording. | |
Permits—Athletic Events. | |
Permit Requests by Governmental Units. | |
Permits—Rights Granted. | |
Duties of Permittee. | |
Permits—Failure to Obtain. | |
Procedure for Billing Costs. | |
Violation of Permit Conditions. | |
Appeal. | |
Although the First Amendment of the U.S. Constitution and Article 1, Section 9 of the California Constitution guarantee freedom of speech and association, the City and County of San Francisco is authorized to impose reasonable restrictions on the time, place and manner of such expression. In accordance with this right, the Commission requires permits for certain activities which occur on park property in order (1) to coordinate activities planned by different groups so that as many people as possible can use and enjoy the park at the same time; (2) to learn the details of the proposed activity in order to establish rules aimed at preventing inconvenience or harm to the public or the park; (3) to require appropriate insurance in order to relieve the Commission of liability from any harm that occurs; and (4) to insure that recreational facilities most suited for the activity are used.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)
For the purposes of this Article, the following terms shall be defined as indicated below:
(A) Amusement Park Rides—Rides of the type normally found in amusement parks or carnivals, such as ferris wheels.
(B) Animal Show—The formal exhibition of animals to the public or to a group of 25 or more persons for entertainment or competition.
(C) Art Shows—The exhibition or display of paintings, sculptures or other works of art, but not activities performed by street artists licensed pursuant to Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code.
(D) Band—A group of musicians playing acoustical instruments normally played in a brass band.
(E) Demonstration—Carrying or wearing a sign or signs, singing, talking in unison or in any other manner expressing ideas, advocating causes or conveying a message to the public at large or to a particular person or persons.
(F) Exhibition—Public display of manufactured goods, plants or other objects but not displays by street artists licensed pursuant to Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code.
(G) Leafletting—Distributing leaflets, handbills, notices or any written material to the public.
(H) Orchestra—A group of musicians playing string, percussion, brass and wood wind instruments.
(I) Parade—Any march or other organized movement or person from place to place or about a place.
(J) Petitioning—Requesting persons to sign a petition.
(K) Publicize—To inform the public of a planned event by means of newspaper articles or notices, radio or television stories or notices, announcements in public places, leafletting, posting signs or written notices in places viewed by the public, or by other means calculated to notify the public of an event.
(L) Soliciting—Requesting persons to contribute money or anything else of value for charitable, religious or political cause.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)
No person shall, without a permit, perform any of the following acts in any park:
(A) Conduct or sponsor a parade involving
(1) 50 or more persons;
(2) the use of any street in any park; or
(3) vehicles.
(B) Conduct or sponsor an event in which persons engage in petitioning, leafletting, demonstrating or soliciting when the number of petitioners, leafletters, demonstrators, or solicitors engaging in one or more of these activities involves 50 or more such persons at the same time within an area circumscribed by a 500-foot radius.
(C) Vend food or merchandise unless in accordance with Section 2.8 and any applicable permit or other authorization.
(D) Conduct or sponsor any exhibit, promotion, dramatic performance, theatrics, pantomime, dance, fair, circus, festival, juggling or other acrobatics or show of any kind or nature which has been publicized four hours or more in advance.
(E) Perform any feat of skill or produce any amusement show, movie or entertainment which has been publicized four hours or more in advance.
(F) Make a speech which has been publicized four hours or more in advance.
(G) Conduct or sponsor a religious event involving 50 or more persons.
(H) Conduct or sponsor a concert or musical performance which
(1) has been publicized four hours or more in advance, or
(2) utilizes sound amplification equipment, or
(3) involves a band or orchestra.
(I) Participate in a picnic, dance or other social gathering involving 25 or more persons.
(J) Provide food to persons, except that no permit is required when a person participating in a picnic or social gathering of 25 or fewer persons provides food to others who are also participating in the picnic or social gathering.
(K) Conduct or sponsor a race or marathon which involves 25 or more persons as participants or which obstructs or interferes with the normal flow of vehicular or pedestrian traffic.
(L) Conduct or sponsor any event which utilizes sound amplification equipment, as defined in Part II, Chapter VIII (Police Code) of the San Francisco Municipal Code.
(M) Conduct or sponsor an exhibition.
(N) Conduct or sponsor an animal show.
(O) Conduct a wedding ceremony.
(P) Conduct or sponsor an art show.
(Q) Operate any amusement park device. The Commission or the Executive Director may prohibit the operation of such devices in any park or, if it allows such operation, may designate those locations where such operation is permitted.
(R) Conduct or sponsor an organized kite-flying event of any club or organization.
(S) Station or erect any table scaffold, stage, platform, rostrum, tower, stand, bandstand, building, fence, wall, monument, dome or other structure.
(T) Park any vehicle in any park in an area not normally used for parking vehicles or in an area normally used for parking vehicles when the vehicle is used in conjunction with an activity for which a permit is obtained pursuant to a provision of this Code other than this Subsection.
(A) Attention is called to other provisions of this Code which require persons engaging in certain activities to obtain a permit, including, but not limited to, the following:
(1) Launching or landing any airplane, seaplane, helicopter, parachute, hang glider, hot air balloon or other machine or apparatus of aviation, in any park, or bringing into a park any balloon with a diameter of more than six feet or a gas capacity of more than 115 cubic feet;
(2) Constructing or maintaining any building, structure, tent or any other thing in any park that may be used for housing accommodations or camping;
(3) Remaining in any park for the purpose of sleeping between the hours of 10:00 p.m. and 6:00 a.m. in order to provide security services between said hours in any park.
(B) The Commission may by resolution require a permit for additional activities when such a requirement further the purposes set forth in Section 6.1 of this Code.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000; amended by Ord. 118-21, File No. 210566, App. 8/4/2021, Eff. 9/4/2021)
Procedures for the filing and processing of permit applications, have been approved by Port Commission resolution, which resolution is on file with the Port Commission and shall be made available to the public upon request. The Executive Director is hereby authorized to make any non-substantial amendments to such permit procedures necessary for the efficient administration of the permit process.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)
(A) The Executive Director or the Commission may impose reasonable conditions on approval of a permit application that are specifically designed to protect public or private property from damage and to preserve the comfort, convenience, safety or welfare of the public. Such conditions may be imposed on a permittee after the permit application has been approved if information has been received by the Executive Director after such approval which would provide reasonable grounds for the conclusion that further conditions are necessary, including the condition that the location of the proposed activity be changed. The provisions of this Section are designed to secure for permit holders an opportunity fully to exercise the rights conferred upon them by the permit without unreasonably interfering with the rights of other members of the public to use park property and adjacent areas or to engage in First Amendment activities. The Executive Director shall in no event impose conditions pursuant to this Section which are designed to limit the content of First Amendment expression engaged in by persons affected by the permit or which unreasonably interfere with the right of free speech.
(B) The conditions which may be imposed on permit applicants include the following: (1) posting a performance bond to insure the property is restored and cleaned at the conclusion of the permitted activity; (2) providing insurance to protect the City from liability from any harm that such activity might cause; and (3) agreeing to reimburse the Commission for any costs incurred by it in restoring damage to property caused by the actions of the permittee, its officers, employees, or agents, or any person who was, or reasonably should have been, under the permittee's control and to defend the City against, and indemnify and hold the City harmless from, any liability to any person resulting from any damage or injury cause by the actions of the permittee, its officers, employees, or agents, or any person who was or reasonably should have been, under the permittee's control.
(C) When an applicant for a permit to perform an activity which is protected by the First Amendment to the U.S. Constitution and for which a performance bond must be posted produces evidence that providing a cash performance bond would be impossible or so financially burdensome that it would preclude the applicant from using park property for the proposed activity, the Executive Director shall accept property in lieu of a cash performance bond so long as the property offered is of a type which will reasonably insure restoration and cleaning of the property to be used by the applicant at the conclusion of the permitted activity.
(D) No applicant shall be required to comply with the provisions of Subsection (B)(2) pertaining to insurance if the activity proposed is protected by the First Amendment of the U.S. Amendment of the U.S. Constitution and the applicant produces evidence that complying with those provisions is impossible or so financially burdensome that it would preclude the applicant from using park property for the proposed activity.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)
The Executive Director shall approve a permit application unless:
(A) A written application for a permit to use the same location at the same time has been received and such application has been or will be approved authorizing an activity which does not reasonably permit multiple occupancy of the area;
(B) The proposed activity would conflict with a previously planned program sponsored by the Commission and scheduled for the same location as that requested by the applicant;
(C) The Executive Director has reasonable cause to conclude, based upon the inherent nature of the activity, that the applicant or any person or persons participating in the proposed activity will, in connection with that activity, cause physical injury to persons or substantial damage to property; provided, however, that in determining whether such reasonable cause exists the Executive Director shall not consider the content of expression which is proposed or anticipated;
(D) The proposed activity is inconsistent with the purpose for which the facility or area has been established or designated;
(E) The location selected is inappropriate because (1) the nature of the proposed activity or the number of persons expected in connection with the activity would be likely to damage trees, plants or other vegetation; (2) the activity would unduly disturb adjacent neighborhoods because of the nature of the proposed activity or the number of persons expected to be involved; or (3) other activities have been scheduled in an area or areas near the location proposed by the applicant, or they normally occur in such area or areas, and permitting the proposed activity to occur in the proposed location would unreasonably interfere with park use and enjoyment by participants in such activities;
(F) The applicant fails to obtain necessary approvals, permits, or licenses from other governmental departments or agencies;
(G) The applicant has not complied with the procedural requirements established by Commission resolution for the filing of permit applications;
(H) The applicant fails or refuses to pay a processing fee or a user fee, or both, which the Commission has established by resolution;
(I) The applicant fails or refuses to post a performance bond when required to do so by the Commission;
(J) The applicant fails or refuses to provide insurance when required to do so by the Commission;
(K) The applicant fails or refuses to execute an agreement to reimburse the Commission for any cost incurred by it in restoring damage to the property occasioned by, or arising out of, the permitted activity, and to defend the City against and indemnify and hold the City harmless from, any liability to any person occasioned by, or arising out of, the permitted activity, when such an agreement is required by the Commission;
(L) The application contains misrepresentations of material fact;
(M) The proposed activity is prohibited by law;
(N) The applicant refuses to comply with conditions reasonably imposed on approval of the permit application by the Executive Director or the Commission in order to insure that public or private property is not damaged and that the comfort, convenience, safety and welfare of the public are not disturbed;
(O) The proposed activity is required to be put out for bid under the Port's policies regarding competitive bidding. Whenever a permit application is denied, the Executive Director shall inform the applicant of the reason for the denial and when a change in location would allow approval, shall offer alternative suitable locations.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)
(A) No permit may be required to engage in petitioning, leafletting, demonstrating or soliciting so long as engaging in any of these activities, or any combination of these activities, does not involve 50 or more petitioners, leafletters, demonstrators, or solicitors at the same time within an area circumscribed by a 500-foot radius.
(B) It shall be unlawful for any person to engage in petitioning, leafletting, demonstrating or soliciting in such a manner as to substantially obstruct any traffic of pedestrians or vehicles after being warned by a peace officer or a member of the Park Patrol not to do so.
(C) Where the park is a frequent site for the issuance of permits; involving large groups of people for events requiring exclusivity, in order to prevent interference with the progress and enjoyment of these events, no person may engage in petitioning, leafletting, demonstrating or soliciting in these parks while an event is in progress for which a permit has been issued by the Commission or Executive Director except in those areas designated as public assembly areas. No person shall be considered in violation of the prohibition contained in this subsection until he or she has been informed by a member of the San Francisco Police Department, a member of the Park Patrol, or a member of the Commission who displays proper identification of such employment that the event is being conducted pursuant to a valid permit or until the permit pursuant to which the event is being conducted has been shown to such person.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)
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