San Francisco's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In San Francisco, California, there are 7 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Outdoor Smoking Restrictions

San Francisco prohibits smoking in every unenclosed City park, square, garden, playing field, recreational pier, and farmers' market, with fines that climb from $100 to $500 for repeat offenses.

Key details: Governing law: Health Code Art. 19I, § 1009.81. Covers: Parks, squares, gardens, playing fields, piers. First-offense fine: $100. Repeat-offense fine: Up to $500. Enforcer: Recreation and Park Patrol Officers.

Peace officers and Park Patrol Officers enforce the ban: $100 for a first offense, $200 for a second within a year, and $500 for each further violation within that year.

This is not one of those rules that cities tend to ignore. San Francisco actively enforces its outdoor smoking restrictions requirements.

Public Alcohol Use

Drinking any alcoholic beverage, in any quantity, on a San Francisco street, avenue, sidewalk, stairway, alley, or thoroughfare is an infraction under Police Code Section 21, fined at not less than $25 nor more than $100, unless one of the section's own exceptions applies.

Key details: Fine range: Not less than $25 nor more than $100. Offense class: Infraction. Private-property reach: Within 15 feet of a public way, open to public view. Governing code: Police Code § 21. Permit-based exceptions: Article 5.2 permits, Shared Spaces with ABC license, Entertainment Zones.

Violation is an infraction. The penalty under Police Code Section 21(d) is a fine of not less than $25 nor more than $100.

This is not one of those rules that cities tend to ignore. San Francisco actively enforces its public alcohol use requirements.

Public Urination

San Francisco bans depositing human urine or feces on any public or private property citywide, punishable by a $50 to $500 fine per infraction.

Key details: Fine range: $50 to $500. Charge level: Infraction. Applies to: Public and private property citywide. Exemption: Verified medical conditions.

Infraction citation with a fine of not less than $50 nor more than $500; medical-condition exemption applies with verification.

Loitering Rules

San Francisco's Police Code loitering ban is aimed at one fixture: staying within 10 feet of an automatic public toilet for more than two minutes without lawful business violates Sections 124.1 and 124.2, and an officer must warn you before any citation issues.

Key details: Buffer zone: 10 feet from toilet. Time limit: Over 2 minutes. Officer warning: Required before citation (§ 124.4). First conviction: $50-$100 or community service. Repeat within 30 days: Up to $500.

A first conviction is an infraction punishable by a $50 to $100 fine or community service. A second violation within 30 days carries a $300 to $500 fine, and a third within 30 days carries a $400 to $500 fine, all under Section 124.5.

Public Marijuana Use

San Francisco's citywide smoking ordinance defines "smoking" to include any lighted "weed or plant," covering marijuana, and bans it in the same buildings, entrances, transit stops and public areas where tobacco smoking is prohibited.

Key details: Governing law: Health Code Art. 19F. "Smoking" covers: Tobacco or any other weed/plant. Buffer from entrances: 15 feet if no curb. Enforcement: DPH civil/administrative penalty. Carve-out: Does not affect medical cannabis laws.

Civil or administrative penalty per Cal. Labor Code Sec. 6404.5 for each day of violation, plus injunctive relief; enforced by the Director of Public Health or City Attorney under Admin. Code Chapter 100.

Aggressive Panhandling

San Francisco bans soliciting money in an aggressive manner citywide, plus soliciting within 20 feet of ATMs and check-cashing businesses, on transit, and in parking lots.

Key details: Enacted: Proposition M, 11/4/2003. ATM/check-cashing buffer: 20 feet. Officer warning: Required before citation. Repeat offense (3+/yr): Misdemeanor, up to 3 months jail.

First offense is an infraction, $50 fine or diversion program; misdemeanor charge carries $50-$100 fine; three or more violations in 12 months is a misdemeanor with $300-$500 fine and up to 3 months in county jail.

This is one of the stricter rules in San Francisco's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Skateboarding Rules

Anyone riding a skateboard at a skateboard facility owned or operated by the City and County of San Francisco must wear a helmet, elbow pads, and knee pads under Park Code Section 4.17, and the Recreation and Park Department must post signs at each facility saying so.

Key details: Governing code: Park Code § 4.17. Required gear: Helmet, elbow pads, knee pads. Applies to: City-owned or City-operated skateboard facilities. Signage: Rec and Park must post at each facility. Added by: Ord. 123-00 (2000).

Riding without the required helmet and pads at a designated skateboard facility is enforceable as a Park Code violation; the Code requires posted signage at each site to give riders notice before citing them.

The Bottom Line

San Francisco is tougher than many cities when it comes to public conduct. Out of the 7 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in San Francisco, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on San Francisco's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.