A.
City Property. For purposes of this chapter, "city property" shall
include all real property and facilities either owned by the city
or in which the city has a property interest or property management
responsibility. However, City Property shall not include property
owned or leased by the City if such property is leased or subleased
exclusively to a non-City entity.
B.
Persons-in-Charge.
1.
For purposes of ordering persons to leave city property, the
following are "persons-in-charge"
a.
Any peace officer as defined by California law.
b.
Any person providing security services on any city property
pursuant to any contract with the city, or with any person, organization,
firm or corporation managing a city property on the city's behalf.
c.
City property or facility manager, or their designee.
d.
With respect to facility or space assigned to a city department,
the director, deputy director, or manager of the city department,
including the city clerk, or their designee.
e.
The city manager, the city attorney, or designee of these officials.
2.
Delegation to a designee shall be made in writing. Any person
so designated shall be a person-in-charge until the delegation is
terminated or the designated person ceases to be an employee or officer
of the city.
3.
For purposes of ordering persons to leave a public meeting of
a city board or commission, the persons-in-charge shall be designated
within the South San Francisco City Council Handbook or commission
handbook, as may be amended from time to time.
4.
The authority granted to persons-in-charge by this chapter are
in addition to, and not in lieu of, any other authority granted under
this code.
(Ord. 1650, 10/11/2023)
A.
To maintain an environment that promotes orderly administrative and
business operations, and to take reasonable and prudent actions to
protect the health, welfare and safety of all persons at city property,
the rules of conduct in this section apply and are to be enforced
at all city property.
B.
The rules of conduct for city property are as follows:
1.
No person shall engage in any activity that would constitute
a violation of federal, state, or local law or regulation.
2.
No person may deface, damage, or destroy city property or city-owned
personal property.
3.
No person shall enter, attempt to enter, or remain in any areas
of city property designated red or restricted, or closed to public
access, for any purpose including but not limited to video or audio
recording, unless such person has obtained authorization to enter,
approved by a person-in-charge, and escorted by a city staff person
at all times.
4.
No person shall engage in an activity that disrupts or interferes
with:
a.
The normal operation or administration of city business at city
Property, including, but not limited to, entering into areas of city
administrative offices that are designated as employee only areas
without authorization to enter, approved by a person-in-charge, and
escorted by a city staff person at all times; dangerous or threating
behavior towards city officials, employees, consultants, volunteers,
or other members of the public;
b.
Lawful use of city property by city employees and authorized
visitors; or
c.
City permitted activities.
5.
No person shall refuse or fail to obey any reasonable direction
of a person-in-charge of a city property. A direction of a person-in-charge
is reasonable: if it directs a person to obey or to cease a violation
of any law or regulation; if it is otherwise reasonably related to
the protection of the health, welfare, and safety of the person or
any other person at the city property, or to the prevention of damage
to property; or if it is reasonably necessary to preserve the peace
or to prevent the disruption of normal operations or administration
of city business at city property, including, but not limited to,
prohibiting members of the public from accessing areas of city administrative
offices that are designated as employee only areas, prohibiting a
person from engaging in an unlawful activity, removing a person from
city property for engaging in dangerous or threatening behavior.
6.
No person shall possess any object specifically designed for
and presently capable of causing, or carried with the intent to threaten
or cause, bodily harm to another. Objects prohibited under this paragraph
include, but are not limited to, any firearm, pellet gun, spring-loaded
weapon, stun gun or taser, any knife having a blade that projects
or swings into position by force of a spring or by centrifugal force,
any knife with a blade longer than three and one-half inches, any
dirk, dagger, ice pick, sling shot, slungshot, metal knuckles, nunchaku,
studded hand coverings, swords, straight razors, tear gas, tear gas
weapon, mace, pepper mace or similar deleterious agent, saps, sap
gloves, hatchets or axes. The prohibitions of this paragraph do not
apply to handguns lawfully carried. The prohibitions of this paragraph
do not apply to any thing possessed or used to carry out actions authorized
by any contract or permit at the city property.
7.
No person shall smoke or carry any lighted smoking instrument
on city property. Smoking instrument additionally includes an inhalant
delivery system that delivers nicotine in the form of vapor or aerosol,
and an electronic cigarette, personal vaporizer, or electronic nicotine
delivery system. Smoking additionally includes inhaling or exhaling
from a smoking instrument.
8.
No person shall make use of facility materials, equipment, furniture,
or fixtures of a city property in a manner inconsistent with their
customary or designated uses, or in a manner likely to cause property
damage or personal injury to the actor or others.
9.
No person shall interfere or obstruct free passage of city employees
or authorized visitors in or on city property, including, but not
limited to, placing objects that impede free passage.
10.
No person shall use city property for unauthorized storage of
personal property or leave personal property unattended, including,
but not limited to, bags, backpacks, tables, chairs, signs, and posters.
Such items left unattended may be removed by persons-in-charge and
stored by the city for no more than ninety days to allow the owner
of such personal property to recover it.
11.
No person shall make or continue a noise disturbance or operate
a sound producing device or sound producing equipment except as permitted
by the property manager of the city property. Bullhorns and megaphones
are not permitted in the interior of any building on city property.
12.
No person shall sell, distribute, or deliver any alcoholic beverage
on city property, except as permitted by persons-in-charge, pursuant
to an approved permit for use of city property, or as part of a city-sponsored
event at which the vendor is allowed to sell alcoholic beverages.
13.
No person shall sell, distribute, or deliver any controlled
substances on city property. This does not prohibit a person from
providing caretaking functions or assisting another in taking legally
prescribed medication. Controlled substance shall have the meaning
provided in California Health and Safety Code Sections 11054 and 11055.
14.
No person may bring animals onto city property, or leave animals
tethered to or unattended at city property, except as permitted by
persons-in-charge. This does not preclude entry by service animals
defined under the Americans with Disabilities Act while performing
services or tasks the animals are trained to do, animals employed
in official performance of police or rescue activities, or animals
authorized for entry by persons-in-charge. The prohibition in this
paragraph does not apply to city streets, sidewalks, paths, and parks
where animals are not explicitly prohibited.
15.
No person shall solicit for or conduct business at city property
except as permitted by persons-in-charge.
16.
No person shall use any wheeled devices, including, but not
limited to, unicycles, bicycles, skateboards, roller skates, motorized
or non-motorized scooters, on city property. All persons must dismount
at city property boundary. No bicycles and motorized wheel devices
are allowed in the interior of any building on city property except
as permitted by persons-in-charge. The prohibition in this paragraph
does not apply: (a) to persons with mobility devices for mobility
disability or medical purposes, child strollers or baby carriages
used for the purpose of transporting children; or (b) on city streets,
sidewalks, bicycle paths, and pedestrian paths where the use of wheeled
devices is not explicitly prohibited.
17.
No person shall use the city's technology system or network
in a way that is explicitly prohibited or damage the city's technology
systems or network, including its telecommunication equipment and
data.
18.
No person shall enter, attempt to enter or remain in any areas
of city property for purposes other than to conduct legitimate business
with city offices or tenants located at city property, to enjoy the
publicly accessible amenities at a city property when the city property
is open to the public, or to lawfully assemble for social or public
interaction at portions of city property specifically designated for
such assembly. The director of the department with property management
responsibility for the city property may adopt space use policy to
manage conditions for property use, including, but not limited to,
establishing a reservation protocol, priority regarding uses and users,
hours of use, and fees for use.
The director of the department with property management responsibility
over a city property, or designee, is authorized to adopt additional
rules of conduct for any specified city property managed by the department.
The proposed additional rules of conduct shall be posted at the city
property where such proposed rules would apply, and shall be deemed
part of the rules of conduct for the city property. The proposed rules
shall be final and effective no sooner than seven days after posting.
(Ord. 1650, 10/11/2023)
A.
The exclusion procedures in this section shall be used for city property subject to the rules of conduct in Section 10.76.020.
B.
If a person violates any rule of conduct at city property described in Section 10.76.020 while in or upon city property, any person-in-charge may eject and direct the person to leave the city property for a period of twenty-four hours.
C.
For serious or egregious violations of the rules of conduct on areas
of city property traditionally considered "limited" or "non-public"
forums, such as city employee offices, a person-in-charge may issue
an exclusion from the city property for any period of time up to one
year.
D.
For serious or egregious violations of the rules of conduct on areas
of city property traditionally considered "public" forums, such as
streets, sidewalks, and parks, a person-in-charge may issue an exclusion
from the city property for up to six months only after at least two
violations within a six month period of time.
E.
In determining the appropriate length of exclusion under this section,
the person-in-charge issuing the exclusion shall consider: the seriousness
of the conduct that led to the exclusion; prior instances of violations
of the rules of conduct at city property by the person to be excluded;
the availability of alternative means for the person to conduct business
with city officials and offices; and any other facts or circumstances
that the person-in-charge issuing the exclusion deems relevant.
F.
Prior to issuing an exclusion notice, the person-in-charge issuing
the exclusion shall ensure that adequate alternative mechanisms exist
for the individual to conduct business with the city, such as access
to city services through the city's website, telephone or e-mail,
or virtual access to city council meetings, including the ability
to make comments via the platform providing virtual access. If no
adequate alternative methods exist then a person-in-charge shall grant
a limited modification to the exclusion notice for the purpose of
conducting business with a city official, or office located on the
city property identified in the exclusion notice; accessing city services;
or attending a city council or other public meeting, unless such limited
modification would pose a risk to the health and safety of others.
If modification is issued, the person-in-charge may impose reasonable
conditions for the limited entry, and may include a requirement that
the person arrange with the person-in-charge to be escorted into and
out of the location where the meeting is to be held or the business
is to be conducted.
G.
The notice of exclusion shall be in writing, given to the person
excluded and signed by the person-in-charge. It shall specify the
dates and places of exclusion. It shall contain a warning of consequences
for failure to comply with the notice of exclusion and information
concerning the right to appeal the exclusion.
H.
A person receiving a notice of exclusion may appeal, in writing,
to the city manager. The appeal to the city manager shall be filed
with the city clerk within ten days of issuance of the notice of exclusion,
unless extended by the city manager for good cause shown. The sworn
statement of the person-in-charge who issued the notice of exclusion
shall be used as evidence on appeal, unless the appellant requests,
in writing, the presence of the person-in-charge at the appeal hearing.
(Ord. 1650, 10/11/2023)
