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ARTICLE 12: SANITATION– GENERAL
Sec. 635. Cigar Factories.
Sec. 636. Display of Certificate.
Sec. 637. Enforcement.
Sec. 638. Penalty.
Sec. 642. Shoddy– Disinfection, etc.
Sec. 643. Penalty.
Sec. 648. Delivery and Deposit of Drugs, etc., on Door Steps.
Sec. 649. Penalty.
Sec. 654. Pollution of Water in Public Water Works.
Sec. 664. Cleaning and Disinfection of Street Cars, etc.
Sec. 669. Mattresses, making, remaking and sale.
Sec. 670. Permits Required.
Sec. 671. Inspection of Premises.
Sec. 672. Permit Conditions.
Sec. 673. Department of Public Health to Make Regulations.
Sec. 674. Definition of Terms.
Sec. 675. Renovated or Remade Mattresses.
Sec. 676. Unit for a Separate Offense.
Sec. 677. Penalty.
Sec. 682. Return of Certain Merchandise Prohibited.
Sec. 683. Penalty.
Sec. 688. Use of Common Cigar Cutter Prohibited.
Sec. 689. Penalty.
Sec. 694. Wiping Rags.
Sec. 695. Permit Required– Enforcement.
Sec. 700. Use of Hydrocyanic Gas, etc.
Sec. 701. Permits.
Sec. 706. Salvaged Goods and Merchandise– Definitions.
Sec. 707. Permits, etc.
Sec. 708. Duty of Director.
Sec. 709. Authority to Make Rules, etc.
Sec. 714. Permit Required.
Sec. 717. Burial Permits.
Sec. 719. Deposit in Advance.
Sec. 722. Fees for Abstract of Medical History, Proof of Death, Travel Certificates and Vaccination or Revaccination.
Sec. 725. Gasoline Stations.
SEC. 635. CIGAR FACTORIES.
(a) Establishment, Etc. It shall be unlawful for any person or persons to establish, maintain or carry on the business of a cigar factory, where cigars or other articles of tobacco are made, within the limits of the City and County of San Francisco, without having first complied with the conditions hereinafter specified.
(b) Requirements for Certificate, Etc. It shall be unlawful for any person or persons to conduct or maintain a cigar factory within the City and County of San Francisco without having first obtained a certificate signed by the Director of Public Health of said city and county that the premises are properly and sufficiently ventilated, and that all proper arrangements for carrying on the business without injury to the sanitary condition of the neighborhood have been complied with and particularly that all ordinances of the Board of Supervisors have been complied with.
It shall be the duty of the Director of Public Health, upon application from any person or persons proposing to open or conduct the business of a cigar factory within the limits of the City and County of San Francisco, to inspect the premises on which it is proposed to carry on such business, or in which said business is being carried on, with a view of ascertaining whether the said premises are provided with proper drainage and sanitary appliances; also, whether the provisions of all ordinances of the Board of Supervisors relating thereto have been complied with, and, if found in all respects satisfactory, then to issue to said applicants the certificate provided for in this section.
(c) Use of Premises, Etc. No person or persons engaged in the cigar business within the limits of the City and County of San Francisco shall permit any person suffering from any contagious or infectious disease to work, sleep, lodge or remain within or upon the premises used by him, her or them, for the purpose of a cigar factory.
(d) Prohibitions. (1) No person or persons engaged in the cigar business within the limits of the City and County of San Francisco shall permit the introduction of or the smoking of opium within or upon the premises used by him, her or them, for the purpose of a cigar factory.
(2) It shall be unlawful for any person or persons owning or employed in any cigar factory in the City and County of San Francisco to sleep or cook in the rooms wherein cigars are manufactured or prepared for use.
(3) It shall be unlawful for any person or persons owning or employed in any cigar factory in the City and County of San Francisco to place between the lips or in the mouth the ends of cigars or other parts thereof for the purpose of moistening or biting the same, or for the purpose of otherwise improving their appearance.
(4) It shall be unlawful for any person or persons owning or employed in any cigar factory in the City and County of San Francisco to spray tobacco or otherwise moisten it by means of water emitted from the mouth or by appliances whereby the water is expelled by means of the mouth.
(5) It shall be unlawful for any person or persons owning or employed in any cigar factory the City and County of San Francisco to expectorate upon the floors of such rooms wherein cigars are manufactured or prepared for use.
(6) It shall be unlawful for any person or persons owning or employed in the cigar manufacturing business within the limits of the City and County of San Francisco to dry tobacco previously moistened upon floors or upon stands possessing a tendency to contaminate or injuriously affect the condition thereof, but upon clean cloths provided for the purpose and stretched over wooden frames, or upon such other contrivances previously approved by the Director of Public Health.
SEC. 636. DISPLAY OF CERTIFICATE.
The certificate from the Director of Public Health, as required by Section 635, shall be exhibited in some conspicuous place on the premises, and same shall be produced on the demand of any officer of the City and County of San Francisco.
SEC. 637. ENFORCEMENT.
The Director of Public Health is hereby directed to have the provisions of Sections 635 and 636 of this Article strictly enforced.
SEC. 638. PENALTY.
Any person or persons establishing, maintaining or carrying on the business of a cigar manufactory wherein cigars are manufactured or prepared for use, within the limits of the City and County of San Francisco, without having complied with the provisions of Sections 635 and 636 of this Article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $100 or by imprisonment of not more than six months, or by both such fine and imprisonment.
SEC. 642. SHODDY– DISINFECTION, ETC.
It shall be unlawful for any person, firm or corporation to use any material in the manufacture of shoddy or cause the same to be used unless such material shall first be disinfected by formaldehyde gas under pressure of at least 50 pounds or steam of at least 320° Fahrenheit, in an air-tight room or chamber.
All machinery used in the manufacture of shoddy and all factories, warehouses, stores or other buildings or enclosures wherein shoddy is manufactured, produced or stored, or sold or exposed for sale, and every factory, warehouse, store or other building or enclosure wherein the raw materials used in the manufacture of shoddy are collected, stored, sold or exposed for sale, shall be at all times subject to the inspection of the Department of Public Health or the officers thereof.
No person, firm or corporation shall hereafter establish or maintain any factory, store or warehouse for the manufacture, sale or storing of shoddy without first applying to and obtaining from the Director of Public Health a permit to establish and maintain the same.
All shoddy manufactured without the City and County of San Francisco and brought within the said City and County shall, before being sold or exposed for sale or stored in any factory, warehouse, storeroom or enclosure in this city and county, be disinfected by formaldehyde gas, under pressure of at least 50 pounds, or steam of at least 320° Fahrenheit, in an air-tight room or chamber.
SEC. 643. PENALTY.
Every person, firm or corporation violating the provisions of Section 642 of this Article, or neglecting or refusing to comply with the same, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $25 and not exceeding $500, or by imprisonment in the County Jail for a period of not less than five days or not more than six months or by both such fine and imprisonment.
SEC. 648. DELIVERY AND DEPOSIT OF DRUGS, ETC., ON DOOR STEPS.
No person, firm or corporation, by him or themselves, his or their servant, or agent, or as the servant or agent of any person, firm or corporation, shall leave, throw or deposit upon the doorstep or premises owned or occupied by another, or deliver to any child under 14 years of age, any patent or proprietary medicine, or any preparation, pill, tablet, powder, cosmetic, disinfectant or antiseptic, or any drug or medicine that contains poison, or any ingredient that is deleterious to health, as a sample, or in any quantity whatever for the purpose of advertising.
The term drug, medicine, patent or proprietary medicine, pill, tablet, powder, cosmetic, disinfectant or antiseptic used in this Section shall include all remedies for internal or external use, either in package or bulk, simple, mixed or compounded.
SEC. 649. PENALTY.
Any person, firm or corporation violating any of the provisions of Section 648 of this Article, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100 nor less than $25 or by imprisonment in the County Jail for a term not exceeding 100 days nor less than 30 days, or by both such fine and imprisonment.
SEC. 654. POLLUTION OF WATER IN PUBLIC WATER WORKS.
It shall be unlawful for any person to put or place in or on or to allow to run into or on any public reservoir, or the bank, border or margin thereof, or into any water pipe, aqueduct, canal, stream or excavation therewith connected, any animal, vegetable or mineral substance; or to do, perform or commit any act or thing which will pollute the purity and wholesomeness of any water intended for human consumption.
Sec. 659.
(Amended by Ord. 450-77, App. 10/6/77; Ord. 303-04, File No. 041541, App. 12/24/2004; repealed by Ord. 113-05, File No. 050547, App. 6/10/2005)
SEC. 664. CLEANING AND DISINFECTION OF STREET CARS, ETC.
Every person, company or corporation operating street railway passenger cars within the limits of the City and County of San Francisco in which passengers are carried shall thoroughly wash each car, when so operated, at least once a week, and shall also carefully sweep and clean each of said cars daily.
Whenever required in writing by the Department of Public Health, all persons, companies or corporations operating street railway passenger cars within the limits of said city and county shall thoroughly disinfect each street railway passenger car so operated by spraying said cars with an efficient disinfectant.
SEC. 669. MATTRESSES, MAKING, REMAKING AND SALE.
It shall be unlawful for any person, firm or corporation to engage in the making, remaking and sale of mattresses, or the buying or sale of used mattresses except in compliance with the conditions specified in Sections 670 to 677, inclusive, of this Article.
SEC. 670. PERMITS REQUIRED.
It shall be unlawful for any person, firm or corporation, or its servants or employees, to maintain or operate within the City and County of San Francisco the business of making or remaking, and sale of mattresses within any building, room, apartment, dwelling, basement or cellar, without having first obtained a permit, issued by the Department of Public Health and signed by the Director of Public Health of said City and County, that first the premises are in a sanitary condition and that all arrangements for carrying on the business without injury to public health have been complied with, in accordance with the ordinances of the City and County of San Francisco, and second, that the provisions of all regulations made in accord with Section 673 hereof for the conducted of such establishments have been complied with. Said permit when issued shall be kept displayed in a prominent place on the premises.
(Amended by Ord. 43-68, App. 4/19/68).
SEC. 671. INSPECTION OF PREMISES.
It shall be the duty of the Department of Public Health, upon application from any person, firm, or corporation desiring to open, conduct or continue any place of business connected with the making, remaking and sale of mattresses, within the limits of the City and County of San Francisco, before issuing the certificate specified in Section 670, to cause the premises on which it is proposed to carry on such business, or in which said business is being carried on or conducted, to be inspected with a view of ascertaining whether said premises are in a sanitary condition for the conduct of said business and comply with the ordinances of the City and County of San Francisco.
SEC. 672. PERMIT CONDITIONS.
The permit provided in Section 670 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.
A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation the premises for which the permit was issued shall be posted with the order of the Department.
(Amended by Ord. 93-68, App. 4/19/68)
SEC. 673. DEPARTMENT OF PUBLIC HEALTH TO MAKE REGULATIONS.
The Department of Public Health shall from time to time adopt such rules and regulations governing sanitation, disinfection or sterilization as it may deem necessary and proper to give effect to Sections 669 to 677, inclusive, of this Article.
SEC. 674. DEFINITION OF TERMS.
(a) The term "mattress" as used in Sections 669 to 670, inclusive, of this Article, shall be construed to mean any quilted pad, comforter, mattress pad, bunk quilt or cushion, stuffed or filled with wool, hair or other soft material to be used on a couch or other bed for sleeping or reclining purposes.
(b) The term "person" as used in Sections 669 to 677, inclusive of this Article shall be construed to include all individuals and all firms or copartnerships.
(c) The term "corporation" as used in Sections 669 to 677, inclusive, of this Article, shall be construed to include all corporations, companies, associations and joint stock associations or companies.
(d) Whenever the singular is used in Sections 669 to 677, inclusive, of this Article it shall be construed to include the plural; whenever the masculine is used in Sections 669 to 677, inclusive, of this Article, it shall include the feminine and neuter genders.
SEC. 675. RENOVATED OR REMADE MATTRESSES.
(a) Material From Hospitals, Shoddy, Etc., to be Sterilized. No person or corporation, by himself or by his agents, servants or employees, shall employ or use in the making, remaking or renovating of any mattress, any material of any kind that has been used in, or has formed a part of, any mattress used in or about any public or private hospital, or institution for the treatment of persons suffering from disease or for or about any person having any infectious or contagious disease; any material known as "shoddy" and made in whole or in part from old or worn clothing, carpets or other fabric or material previously used, or any other fabric or material from which shoddy is constructed; and material not otherwise prohibited of which prior use has been made; unless any and all of said material has been thoroughly sterilized and disinfected by a reasonable process, approved by the Department of Public Health of the City and County of San Francisco.
(b) Used or Second-Hand Mattress– Disinfection Tag Required. No person or corporation by himself or by his agents, servants or employees, shall cause to be renovated, or remade, or buy, sell, offer for sale, or have in his possession with intent to sell, any renovated, or remade, or used or secondhand mattress unless the same has been sterilized and has thereto attached a muslin or linen tag not smaller than three inches square, securely sewed to the covering thereof with a statement in the English language setting forth the following facts in type not smaller than 20 point:
"This is a (renovated) (used) mattress and has been sterilized with ________ (material used) on (day) ________ (month) ________ (year) ________ by (firm's name) ________ Department of Public Health Certificate No. ________."
(c) Prohibition. No person or corporation by himself or by his agents, servants or employees, shall sell, offer to sell, deliver or consign, or have in his possession with intent to sell, deliver or consign any mattress made, remade or renovated in violation of subsections ((a) and (b) of this section.
(d) Material, Etc., Tag Required. No person or corporation, by himself or his agents, servants or employees, shall, directly or indirectly, at wholesale or retail, or by public auction, or otherwise, sell, offer for sale, deliver or consign or auction, or have in his possession with intent to sell, deliver or consign, any mattress that shall not have plainly and indelibly stamped or printed thereon, or upon a muslin or linen tag not smaller than three inches square securely sewed to the covering thereof, a statement in the English language setting forth the kind or kinds of materials used in filling the said mattress, and whether the same are in whole or in part, new or old, or second-hand or shoddy, and the name and address of the manufacturer or vendor thereof, or both together with the tag required in subsection (b) of Section 675.
(e) Regulating Sale in Bulk by Junk Dealers or Others. It shall be unlawful for junk dealers or any person or corporation by himself or his agents, servants or employees, to sell or offer for sale, deliver or consign, or have in his possession with intent to sell, deliver or consign, any material which has been previously used or formed a part of any mattress unless the same has been sterilized in a manner satisfactory to the Department of Public Health.
(1) Use of Terms. Whenever the word "felt" as applied to cotton is used in the said statement concerning any mattress it shall be designated in said statement whether said felt is "felted cotton" or "felted linters."
It shall be unlawful to use in the said statement concerning any mattress the word "floss" or words of like import, if there has been used in filling said mattress any materials which are not termed as "Kapok."
It shall be unlawful to use in said statement concerning any mattress the Word "hair" unless said mattress is entirely manufactured of animals' hair.
It shall be unlawful to use in the description in the said statement any misleading term or designation, or term or designation likely to mislead.
(2) Materials Used. Any mattress made from more than one new material shall have stamped upon the tab attached thereto the percentage of each material so used.
Any mattress made from any material of which prior use has been made shall have stamped or printed upon the tag attached thereto in type not smaller than 20 point the words "second-hand material."
Any mattress made from material known as "shoddy" shall have stamped or printed upon the tag attached thereto in type not smaller than 20 point the words "shoddy material."
(3) Form of Statement. The statement required under Section 675 of this Article shall be in the following form:
"Materials Used in Filing
____
____
Vendor ____
Address ____"
This Article is made in compliance with Sections 669 to 677, inclusive, of Article 12 of Chapter V of the San Francisco Municipal Code.
(4) Removal, Etc., of Tags. Any person who shall remove, deface, alter, or in any manner attempt the same, or shall cause to be removed, defaced, or altered, any mark or statement placed upon any mattress under the provisions of this Section and Section 676 of this Article shall be guilty of a violation of said sections.
SEC. 676. UNIT FOR SEPARATE OFFENSE.
The unit for a separate and distinct offense in violation of Sections 669 to 676, inclusive, of this Article shall be each and every mattress made, remade, renovated, sold, offered for sale, delivered, consigned, or possessed with intent to sell, deliver or consign, contrary to the provisions hereof.
SEC. 677. PENALTY.
Any person or corporation violating the provisions of Sections 669 to 677, inclusive, of this Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $20 and not to exceed $100 for each offense, or by imprisonment for not less than three months and not exceeding six months or by both such fine and imprisonment.
SEC. 682. RETURN OF CERTAIN MERCHANDISE PROHIBITED.
It is unlawful for any person, firm or corporation engaged in the sale at retail of the following articles of merchandise, to wit –
(a) Mattresses, blankets, sheets, comforters, pillows and other bedding.
(b) Heating pads and metal hot water bottles, stockings made of rubber, reducing rollers, water bags and other rubber goods.
(c) Combs, hair brushes, tooth brushes, barrettes, bath brushes, powder puffs, lipsticks, compacts, broken packages of powder, creams, rouges.
(d) Corsets, brassieres, underwear, union suits, bloomers, bathing suits.
(e) Articles made of hair, and veils –
to accept from the purchaser any of the above articles once delivery is effected, provided that this Section shall not be construed to prohibit the return of articles misfitting or defective in their construction, which shall be disinfected before being offered for resale.
SEC. 683. PENALTY.
Any person, firm or corporation violating any of the provisions of Section 682 of this Article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100 or by imprisonment in the County Jail for a period not exceeding 30 days, or by both such fine and imprisonment.
SEC. 688. USE OF COMMON CIGAR CUTTER PROHIBITED.
The use of the common cigar cutter on any stand or in any cigar store or other place where cigars are sold or offered for sale, or the furnishing of such common cutter for use of patrons or the public, is hereby prohibited.
SEC. 689. PENALTY.
Any person, firm or corporation, violating the provisions of Section 688 of this Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 and not to exceed $25 or by imprisonment in the County Jail for not more than 25 days or by both such fine and imprisonment.
SEC. 694. WIPING RAGS.
(a) Materials and Cleaning Thereof. It shall be unlawful for any person, firm or corporation to sell or offer for sale, soiled clothes or rags, or soiled or disused or cast-off underclothing, garments, bedding, bedclothes or parts thereof for use as wiping rags unless the same have been cleansed and sterilized by a process of boiling continuously for a period of 40 minutes in a solution containing at least five percent of caustic soda.
It shall be unlawful for any person, firm or corporation employing mechanics, workmen or laborers to furnish or supply such employees for use as wiping rags, soiled clothes or rags, or soiled or disused or cast-off underclothing, garments, bedclothes, bedding or parts thereof unless the same have been cleansed and sterilized in the manner herein prescribed.
(b) Definition. Wiping rags within the meaning of this Section are cloths and rags used for wiping and cleaning the surfaces of machinery, machines, tools, locomotives, engines, motorcars, automobiles, cars, carriages, windows, furniture and surfaces of articles, in factories, shops, steamships and steamboats, and generally in industrial employments; and also used by mechanics and workmen for wiping from their hands and bodies soil incident to their employment.
(c) Sterilization. All soiled cloths and rags and soiled and disused and cast-off underclothing, garments, bedclothes, bedding and parts thereof, before being offered for sale, or sold or furnished for use as wiping rags must be subjected to a process of sterilizing approved by the Director of Public Health of the City and County of San Francisco, including the process of boiling for a period of 40 minutes in a solution of caustic soda mentioned in this section. Before washing, all sleeves, legs and bodies of garments must be ripped and opened and all garments made into flat pieces.
(d) Use of Premises. It shall be unlawful for any person, firm or corporation to wash, cleanse, sterilize, or dry, disused or cast-off clothing, garments, underclothing, bedclothes, bedding or parts thereof, or soiled cloths or rags in the same building or by the same machines or appliances by which clothing, bedding, or other articles for personal or household use are laundered.
(e) Labels. Each package or parcel of wiping rags before being sold must be plainly marked "Sterilized Wiping Rags," with the number and date of the certificate given by the Director of Public Health of the said city and county for the conducting of a laundry in which the rags contained in such package or parcel were cleansed and sterilized or with the name and location of the laundry in which said rags were cleansed and sterilized.
(f) Imported Wiping Rags. Wiping rags imported into this city and county from other cities, counties or states, shall not be used, sold or offered for sale, unless they have been cleansed and sterilized as herein required or unless such imported rags are inspected by the Director of Public Health, and a certificate given by him that such rags have been inspected and cleansed and sterilized as required by this Section.
(g) Inspection, Etc. The Director of Public Health shall inspect all wiping rags and give a certificate to that effect when the rags inspected have been cleansed and sterilized as required by this Section. Such certificate shall also state the date of inspection, the quantity and number of parcels inspected, the name of the owner and the place where the wiping rags were cleansed and sterilized.
All persons having wiping rags in their possession for sale or for use shall, upon demand of any officer of the Department of Public Health or any police officer, exhibit such wiping rags for inspection and give all information as to where and from whom said wiping rags were obtained.
SEC. 695. PERMIT REQUIRED– ENFORCEMENT.
It shall be unlawful for any person, firm or corporation to establish or maintain a laundry for cleaning or sterilizing wiping rags or soiled clothes or rags or soiled and disused or cast-off clothing, garments, underclothing, bedclothes, bedding or parts thereof, within the limits of the City and County of San Francisco, without having first complied with Section 354 of Article 7 hereof, regulating the conducting of public laundries and obtain a permit therefor as required by Section 695 of this Article. No person, firm or corporation shall engage in the business of laundering, cleaning or sterilizing cloths or material for wiping rags, or selling wiping rags without a permit therefor from the Department of Public Health. Such permit shall be granted as a matter of course on the first application, and may be revoked by the Department of Public Health for violation by the holder of any of the provisions of Section 694 of this Article. Subsequent permits to a person, firm or corporation in place of a permit revoked may be granted or refused at the discretion of the Department. The Department of Public Health shall keep a register of all persons engaged in laundering, cleaning, sterilizing or selling wiping rags, and shall enter therein the place of business, the date of issue and the revocation of permit.
The police authorities are hereby directed to enforce the provisions of Sections 694 and 695 of this Article.
SEC. 700. USE OF HYDROCYANIC GAS, ETC.
No person, firm or corporation shall use within the City and County of San Francisco, hydrocyanic gas, cyanogen or chloropicrin, or any other poisonous, noxious or dangerous gases or fumes which are dangerous to the life or health of human beings, for the purpose of fumigating, without first obtaining a permit from the Director of Public Health so to do.
Provided, however, that nothing in this Section or Section 701 of this Article shall be construed to apply to any fumigations on property of the State of California, or to mandatory fumigations under the supervision of any department of the State of California, or U.S. government.
Provided, further, that fumigations with poisonous gases conducted in warehouses on property other than that of the State of California shall be so conducted as to comply with the safety measures approved by the Department of Public Health, and the person, firm or corporation responsible for such fumigation shall notify the Bureau of Fire Prevention and Public Safety of the San Francisco Fire Department as to the exact location of said fumigation, and the time that said fumigation is to take place.
SEC. 701. PERMITS.
(a) Application, etc. Application for such permit shall be upon blanks provided by the Director of Public Health and shall state the name of the applicant, the particular character of gas to be used, the purposes and place where the same is to be used, the probable amount thereof which will be used during the existence of said permit, and the name of the person who will have direct charge of the use of said gas. Before issuing a permit for the use of said gas, the Director of Public Health shall inquire into the training, experience, character and reputation of the applicant for said permit and of the person who is to have direct charge of the use of said gas, and may cause said applicant or said person to appear before him for the purpose of ascertaining the qualifications of said applicant or of said person in regard to the use of said gas and the regulations governing said use. The Director of Public Health shall have full power and authority to refuse to grant any permit for the use of said gas should he determine that the manner in which said gas is to be used, or the place where it is to be used, is dangerous to life or health, or the person under whose direction it is to be used has not sufficient qualifications to use it safely.
Every permit issued under authority of this Section shall state the place where said gas is to be used, the character thereof, the probable amount thereof to be used, the name of the person, firm or corporation authorized to use the same, and the name of the person in direct charge of said use; provided, however, that when a permit is issued to any person, firm, or corporation engaged in the general business of fumigation at places other than a fixed place of business, said permit need not specify the various places where said gas is to be used.
The permit provided in Section 700 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.
A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation, the premises for which the permit was issued, shall be posted with the order of the Department.
(b) Special Permits. Any person, firm or corporation engaged in the business of fumigation at places other than a fixed place of business shall, at least 24 hours before generating or releasing any of the gases mentioned in Sections 700 and 701 of this Article, make application to the Director of Public Health for a special permit so to do. Said application shall state the location of the building or enclosed space to be fumigated, the day and hour when such fumigation shall take place and the name of the person who will be in direct charge of said fumigation. The Director of Public Health shall have full power and authority to refuse to grant any special permit for the use of said gas should he determine that the manner in which said gas is to be used, or the place where it is to be used is dangerous to life of health or the person under whose direction it is to be used has not sufficient qualifications to use it safely. Upon approval by the Director of Public Health, a special permit to generate or release said gas for fumigation purposes at the place indicated in said application shall be issued. Such special permit shall be posted on the premises to be fumigated, and should the applicant therefor be unable to do the work on the day and hour set forth in said special permit, he shall notify the Director of Public Health at least six hours prior to said time, and thereupon the Director of Public Health shall specify a new time for the fumigation of the premises or space specified in said special permit. The inspection fee for inspecting the work actually done shall be computed as follows: at the rate per hour based on total cost to the City and County of San Francisco or fraction thereof incident to each inspection. Upon completion of the work for which a special permit has been issued the permittee shall be billed for all inspection costs. If any inspection fees herein provided shall not be paid within 30 days after billing by the Health Department, 25 percent of the amount thereof shall be added thereto as a penalty for nonpayment. Failure to pay fees and penalties within 60 days after billing shall be deemed cause for denial of any future special permits to the delinquent permittee.
(c) Rules and Regulations. The Director of Public Health shall have power to make and enforce all reasonable rules and regulations for carrying out the purpose of this Section which are not in conflict therewith.
(Amended by Ord. 278-72, App. 9/28/72)
SEC. 706. SALVAGED GOODS AND MERCHANDISE– DEFINITIONS.
For the purposes of this Section and Sections 707 to 709, inclusive, of this Article, the term "salvaged goods and merchandise" is hereby defined as follows:
"Any article of food or any article which may be used for food by human beings or by animals, or any chemical or other substance which may be added to food or to foodstuffs, alcoholic beverages, or any drug or compounded drugs, medicines, toilet articles, cosmetics, lotions, liniments or similar articles, or any commodity, powder, liquid or solid compound or mixture used or to be used in and about any home, household, hotel, apartment house, or dwelling for cleaning, disinfecting or deodorizing purposes, including insecticides and similar articles, or tobacco or tobacco products, when the packages, cans, cartons or other containers in which the individual containers of said articles are packed for shipment or sale are damaged, torn, broken, swollen, wet, burned or rusted, or where the individual containers of said articles are damaged, torn, broken, swollen, wet, burned or rusted, or where the labels on the individual containers of any such articles are defaced so that the name of the manufacturer or packer originally appearing on said label cannot be ascertained, such damage or distress of merchandise being caused by reason of shipment of same by rail, plane, motor transport or ship, or by smoke, fire or water."
The term "person" as used in this Section and in Sections 707 to 709, inclusive, of this Article, shall mean any individual, association of individuals, copartnership or corporation.
A "dealer" in salvaged goods and merchandise is hereby defined to be a person who, either exclusively or in connection with any other business, buys, sells, distributes or deals in salvaged goods and merchandise, and/or who labels or relabels, bulks from smaller packages, packages from bulk, or in any manner reconditions salvaged goods or merchandise; provided, however, that persons merely selling salvaged goods or merchandise to salvage "dealers" as well as those who purchase from salvage "dealers" salvaged goods or merchandise which has been inspected and is in compliance with all rules and regulations pertaining to labeling, re-labeling, bulking and reconditioning, and sell same directly to the retail trade, shall not be considered "dealers" in salvaged goods and merchandise.
A "licensed dealer" is a "dealer" who holds a current and valid dealer's permit from the Directors of Public Health.
SEC. 707. PERMITS, ETC.
No person shall engage in the business of selling or distributing salvaged goods or merchandise, as defined in Section 706 of this Article, in the City and County of San Francisco, nor shall any person sell or distribute, or offer for sale or distribution, any salvaged goods or merchandise in said City and County without first obtaining a permit to do so from the Director of Public Health.
(a) Applications. Applications for such permits shall be upon blanks provided by the Department of Public Health and shall state the name of the person applying for same, the general character of salvaged goods or merchandise which will be dealt in, sold or distributed, and the place where said business is to be carried on, and if said applicant is not regularly engaged in the business of dealing in salvaged goods and merchandise, then the place where the sale or distribution of said salvaged goods and merchandise shall take place, as well as the place where the said salvaged goods and merchandise are stored and the general character thereof. Nothing contained in this Section or in Sections 706, 708 and 709 of this Article shall prevent a person who is not a salvage "dealer" as defined in Section 706 of this Article and who is the owner or custodian of any salvaged goods or merchandise from selling or distributing the same if said salvaged goods or merchandise are inspected by the Department of Public Health and a permit for the sale and distribution thereof is issued by said Department; the cost of said inspection to be paid for by the person requesting said permit before the same is issued at the rate of $7.50 per hour.
The permit provided in Section 707 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.
A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation the premises for which the permit was issued shall be posted with the order of the Department.
(b) Investigation of Applicants. The Director of Public Health, before issuing any permit to any person to engage in the business of selling or distributing salvaged goods or merchandise, shall make an investigation of the character of the applicant, his methods of storing, handling and receiving said salvaged goods and merchandise, and shall exercise his sound discretion in granting or refusing to grant said permit, and if said permit is requested by a person not regularly engaged in the business of dealing in salvaged goods or merchandise, the said Director of Public Health shall investigate the condition of said salvaged goods or merchandise to be sold or distributed by said person, and if he finds that said salvaged goods or merchandise are in such condition that the same may be used for the purpose for which they were manufactured or packed, he may issue a permit for the sale and distribution of the same.
Any person not regularly engaged in the business of selling or disposing of salvaged goods or merchandise and who is the owner of, or has under his control any such goods or merchandise may sell or dispose of the same to a licensed "dealer" as defined in Section 706 of this Article, and any person who shall receive salvaged goods or merchandise from any licensed "dealer" or from any person having a permit to sell the same, need not obtain any additional permit for the purpose of selling or distributing the same to the general public; provided, that said salvaged goods or merchandise have been inspected by the Department of Public Health and approved for sale to the public.
(Amended by Ord. 93-68, App. 4/19/68)
SEC. 708. DUTY OF DIRECTOR.
(a) Inspection and Cost Thereof. It shall be the duty of the Director of Public Health, through his duly authorized representative, to inspect from time to time all places where salvaged goods and merchandise are sold, kept or distributed, and whenever it shall be found that said salvaged goods and merchandise, or any part thereof are unfit for the purpose for which they were manufactured or packed, or for which they are being offered for sale, to cause the same to be destroyed as constituting a public nuisance, and the cost of such destruction shall be a charge against the person in whose possession said unfit salvaged goods or merchandise may be found and the amount of said cost shall be payable to the Director of Public Health for the City and County upon demand.
(b) Examination of Goods and Payment of Cost Thereof. All inspections made by the Director of Public Health pursuant to the provisions of this Section shall consist in such examination of any salvaged goods and merchandise as will determine their fitness for any of the purposes for which they are sold, offered for sale, or to be sold, and when in the opinion of the Director of Public Health it is necessary to analyze any sample of any salvaged goods or merchandise, said Director of Public Health or his agents may take such article or such portion thereof as may be necessary to determine said fitness, and said determination may be made by laboratory or such other tests as the Director of Public Health shall deem proper. Pending the determination of said tests, the Director of Public Health may prohibit the sale or distribution or removal of any part of said salvaged goods or merchandise which are subject to said examination. The cost of all inspections and examinations shall be paid by the owner or custodian of said salvaged goods or merchandise, and the failure to pay such sum upon demand shall be sufficient ground to revoke said owner's or custodian's permit to deal in such goods and merchandise, and if said owner or custodian be not a licensed "dealer" the Director of Public Health shall not issue a permit for the sale or distribution of said goods or merchandise until the fee covering such inspection, examination or analysis has been paid.
(c) Exception. Salvaged goods and merchandise which have been inspected pursuant to the provisions of Sections 706 to 709, inclusive, of this Article, and approved for sale to the public, or purchased from a licensed "dealer" and, without being labeled or relabeled, bulked, packaged or reconditioned, resold by the purchaser thereof directly to the public, shall not be subject to reinspection, nor shall the purchases of such articles be required to obtain a permit to resell the same except in so far as said goods may be subject to inspection of license to sell the same by any other law or ordinance.
(d) Economic Poisons. Where economic poisons form a part of any salvaged goods or merchandise, such economic poisons shall be disposed of only in accordance with the provisions of Sections 1065 and 1066 of the Agricultural Code of the State of California.
(Amended by Ord. 93-68, App. 4/19/68)
SEC. 709. AUTHORITY TO MAKE RULES, ETC.
The Director of Public Health shall make such rules and regulations regarding the sale, distribution, storing, handling and possession of any salvaged goods or merchandise as he shall deem proper to carry into effect and to accomplish the purposes of Sections 706 to 709, inclusive, of this Article and to prevent the contamination of said goods and merchandise, or to prevent the same being sold or distributed in such a manner as might be dangerous or injurious to the health or safety of any person, and when said rules are so made they shall be as effective as if the same were a part of Sections 706 to 709, inclusive, of this Article.
Any permit granted pursuant to the provisions of Section 707 of this Article may be suspended by the Director of Public Health and after notice to the holders thereof may be revoked by said Director for any violation of Section 706 to 709, inclusive, of this Article, or for the violation of any rules or regulations of said Director made under authority of Section 708 of this Article, or for the violation of any law, rule or regulation of the State of California or of the City and County of San Francisco, relative to the sale, keeping or distribution of any article coming within the definition of salvaged goods or merchandise.
SEC. 714. PERMIT REQUIRED.
Every person, firm, partnership or corporation maintaining, conducting, or operating a kennel, pet shop, pet hospital, refuse collection truck, swill truck or peddler wagon, except those peddler wagons used for peddling as defined in Sections 132, 132.2 and 132.5 of Part III of the San Francisco Municipal Code, shall obtain prior to the commencement of operation a permit from the Department of Public Health. Every person, firm, partnership or corporation subject to a license fee provided for in Sections 132, 132.2 and 132.5 of Part III of the San Francisco Municipal Code shall obtain from the Department of Public Health a Certificate of Sanitation for each cart or vehicle used therefor.
Permit Conditions. The permit provided in this Section (714) shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.
A permit may at any time be suspended or revoked for cause after a hearing by the Director of Public Health. Upon suspension or revocation the premises for which the permit was issued shall be posted with the order of the Department.
(Amended by Ord. 467-74, App. 10/10/74)
SEC. 717. BURIAL PERMITS.
For the permit required to be issued for the removal of dead human bodies or disinterred human remains, the Department of Public Health shall collect in advance of the issuance thereof the sum of $1; provided, however, that no fee shall be collected for the removals from legally closed cemeteries.
SEC. 719. DEPOSIT IN ADVANCE.
In any case the Department of Public Health may require a deposit in advance of any inspection in such sum as said Department of Public Health may estimate to be sufficient to cover the amount of the fee liable to be imposed therefor, which deposit or sum remaining thereof shall be returned to the depositor upon the failure to issue a permit or upon the expiration of the permit and the payment of all fees therefor.
SEC. 722. FEES FOR ABSTRACT OF MEDICAL HISTORY, PROOF OF DEATH, TRAVEL CERTIFICATES AND VACCINATION OR REVACCINATION.
(a) The Director of Public Health of the City and County of San Francisco is hereby authorized to charge the following fees to defray the cost of issuance of the following mentioned documents and any person requesting said documents shall pay the fees herein specified, to wit:
(1) Abstract or Brief Statement of Medical History or date for insurance or legal purposes . . . . $2.00
(But not less than $.45 per folio)
(2) Proof of Death for insurance purposes . . . . $2.00
(3) Certificate of Vaccination for Travel
(Over 18 years of age) . . . . $2.00
(Under 18 years of age) . . . . $1.00
(4) Vaccination or Revaccination for purposes of Travel . . . . $3.00
(b) All fees received by the Director of Public Health in payment of the issuance of documents or performance of service mentioned in Subsection (a) hereof shall be deposited with the Treasurer of the City and County of San Francisco, to the credit of the general fund.
(c) City and County officials and departments shall not be subject to the provisions of this Section when any of the aforesaid records or documents are for the official use of their respective departments.