§ 184.53.

PERFORMANCE BOND AND WAIVER PROVISION

a.

Performance Bond.

1.

Upon submitting the application, each applicant for a permit pursuant to this Article shall post a performance bond with the Director of Public Works or his designee to insure that public property is restored and cleaned of litter at the conclusion of the permitted activity. Said performance bond shall be in the form of a cashier’s check payable to the Department of Public Works of the City and County of San Francisco in the amount of $500. At the termination of the permitted activity the Department of Public Works shall refund the amount of the performance bond to the applicant as soon as the public property has been restored to its original condition to the satisfaction of the Director of the Department of Public Works or his designee. In no case shall the performance bond be returned before the property is restored to its original condition.

2.

The applicant may submit a performance bond for a lesser amount upon a determination by the Director of the Department of Public Works or his designee that because of the limited duration of the proposed activity the cost of restoring the public property to its original condition will total less than $500.

3.

The Director of Public Works or his designee may require the permit applicant to post a performance bond for a greater amount upon determination by the Director of Public Works or his designee that because of the nature and duration of the proposed activity the cost of restoring the public property to its original condition will total more than $500. Prior to requiring a performance bond for an amount greater than $500, the Director of the Department of Public Works shall adopt guidelines for the Department to follow in determining the circumstances under which the restoration costs will exceed $500.

b.

Waiver Provision. The Director of Public Works or his designee shall waive the performance bond requirement if the applicant certifies in writing that (1) the purpose of the activity is First Amendment expression and (2) the cost of the performance bond is so financially burdensome that it would constitute an unreasonable prior restraint on the right of First Amendment expression.

History

(Added by Ord. 497-85, App. 11/15/85)

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