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CITY AND COUNTY OF SAN FRANCISCO
MUNICIPAL CODE
TRANSPORTATION CODE
New Legislation Notice
Publisher's Note: This Code includes sections affected by new legislation. Click here for a list of the new legislation and the affected sections.
The San Francisco Municipal Code is current through Ordinance 128-13, File No. 130501, approved July 3, 2013, effective August 2, 2013.
Division I of the Transportation Code was last amended by Ordinance 120-13, File No. 121108, approved June 28, 2013, effective July 28, 2013.
Division II of the Transportation Code was last amended by SFMTA Board Resolution No. 13-174, adopted June 18, 2013, effective July 19, 2013.
The San Francisco Municipal Code:Charter
Administrative Code
Building, Electrical, Housing, Mechanical and Plumbing Codes
Business and Tax Regulations Code
Campaign and Governmental Conduct CodeEnvironment Code
Fire Code
Health Code
Municipal Elections Code
Park Code
Planning Code
Police CodePort Code
Public Works Code
Subdivision Code
Transportation Code
Zoning Maps
Comprehensive Ordinance Table
AMERICAN LEGAL PUBLISHING CORPORATION
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PREFACE TO THE TRANSPORTATION CODE
Proposition A, titled "Transit Reform, Parking Regulation and Emissions Reductions," was adopted by the voters on November 7, 2007. Proposition A amended the San Francisco Charter to give the San Francisco Municipal Transportation Agency additional authority in several areas, such as approving contracts, hiring, setting employee pay rates and proposing revenue measures. Proposition A also expanded MTA power to adopt many parking and traffic regulations, and to install many traffic control devices that had previously required the approval of the Board of Supervisors. Proposition A provides that actions related to stop signs, bicycle lanes, preferential parking zones, parking meter zones, parking time limits, and disabled parking privileges may be reviewed by the Board of Supervisors if the Board of Supervisors enacts an ordinance establishing review procedures for those items.
Proposition A required the Board of Supervisors to enact implementing legislation within 90 days of its effective date to repeal all of the provisions of the Traffic Code that were inconsistent with Proposition A. Accordingly, Transportation Code Division I was passed by the Board of Supervisors on March 18, 2008, and approved by the Mayor on March 24, 2008 (see Ord. 45-08, File No. 080236.)
Proposition A gave the Municipal Transportation Agency Board of Directors legislative authority to enact any parking and traffic regulations that are not preempted by state law or reserved to the Board of Supervisors. The Municipal Transportation Agency took advantage of this opportunity to update the parking and traffic laws that had been initially enacted in 1940. Pursuant to the authority granted to it by Proposition A, the Municipal Transportation Agency Board of Directors enacted Division II of the Transportation Code on July 1, 2008 (see SFMTA Bd. Res. 08-120). Together, Divisions I and II make up the San Francisco Transportation Code, which took effect on July 2, 2008, and superseded the former Traffic Code in its entirety.
This electronic version of the City and County of San Francisco Municipal Code is updated as amending legislation is approved. New Ordinance Notices or New Resolution Notices are inserted where applicable to call the user's attention to material that has been affected by legislation that has been passed but is not yet effective. Any references to such legislation are also compiled in a table at the end of this Code. The amendments are then incorporated into the Code when they become effective.
Beginning with legislation passed in 2011, all ordinances affecting this Code are summarized in a table that lists the identifying information (ordinance and file numbers), effective date, short title, and sections affected for each such ordinance. Beginning with the resolution passed April 5, 2011, SFMTA Resolutions affecting this Code are summarized in a similar table. Users should note that the operative date of an ordinance may be later than the effective date of the ordinance. A delayed operative date will be noted in the ordinance.
This Code may contain various Editor's Notes (explaining the disposition of or cross referencing various provisions), and/or Codification Notes (documenting scrivener's errors and the like found in the underlying ordinances). Such notes have been inserted by the publisher for the convenience of the user or as historical references. They have not been approved or adopted by the City and County of San Francisco, and are of no legal force or effect.
DIVISION I1.DEFINITIONS AND GENERAL PROVISIONS2.STREET SIGNAGE3.ENFORCEMENT AUTHORITY4.PARKING AND TRAFFIC ENFORCEMENT FUNDS AND FEES5.ABATEMENT OF NUISANCE VEHICLES FROM PRIVATE PROPERTY6.TEMPORARY USE OR OCCUPANCY OF PUBLIC STREETS7.VIOLATIONS8.AUTHORITY TO REMOVE VEHICLESDIVISION II100:DEFINITIONS AND GENERAL PROVISIONS200:CITY TRAFFIC ENGINEER300:FINES AND FEES400:PARKING METER REGULATIONS500:SIZE, WEIGHT, LOAD RESTRICTIONS600:TRANSIT-ONLY TRAFFIC LANES LANES700:SPEED LIMITS800:SPECIAL ON-STREET PERMIT PARKING CONTROLS900:PERMITS1000:MISCELLANEOUS PARKING AND TRAFFIC REGULATIONS1100:REGULATION OF MOTOR VEHICLES FOR HIRE
DIVISION I.
ARTICLE 1:
DEFINITIONS AND GENERAL PROVISIONS
Sec. 1.1.Definitions. Sec. 1.2.City Undertaking Limited to Promotion of General Welfare. Sec. 1.3.Applicability of Vehicle Code Sec. 1.4.Severability.
SEC. 1.1. DEFINITIONS.
(a) Whenever in this Transportation Code words or phrases are used that are not defined by the provisions of this Code, but are defined in the Vehicle Code, the definition and meaning shall be applied as set forth in the Vehicle Code.
(b) Any words or phrases that are not defined in the Vehicle Code or in Division II of this Code shall have the meanings set forth below.
(1) California Public Utilities Commission, CPUC. The Public Utilities Commission of the State of California.
(2) Chief of Police. The Chief of the San Francisco Police Department, or his or her designee(s).
(3) City. The City and County of San Francisco.
(4) Code. The Transportation Code of the City and County of San Francisco, consisting of Division I, under the jurisdiction of the San Francisco Board of Supervisors, and Division II, under the jurisdiction of the Board of Directors of the Municipal Transportation Agency.
(5) Director of Public Health. The Director of the San Francisco Department of Public Health or his or her designee(s).
(6) Director of Transportation. The Director of Transportation of the Municipal Transportation Agency or his or her designee(s).
(7) Division I. Division I of the Transportation Code, under the jurisdiction of the San Francisco Board of Supervisors.
(8) Division II. Division II of the Transportation Code, under the jurisdiction of the Municipal Transportation Agency Board of Directors.
(9) Final SFMTA Decision. A decision upon which the SFMTA has taken the last action according to procedures set forth in Division II, Section 203 (Final SFMTA Decision; Request for Review).
(10) Fire Chief. The Chief of the San Francisco Fire Department of the City and County of San Francisco, or his or her designee(s).
(11) Municipal Parking Facility. An off-street parking lot or off-street parking garage owned, leased or operated by the City or the Parking Authority of the City and County of San Francisco.
(12) Newsgathering Vehicle. A vehicle displaying a permit issued by the Police Department pursuant to Section 939.2 of the Police Code.
(13) Non-motorized User-propelled Vehicle, NUV. Any device of two or more wheels lacking a belt, chain, or gears that is powered by the rider through pedals or by pushing off of or kicking at the ground, including, but not limited to, in-line skates, roller-skates, kick or push scooters, skateboards, and toy vehicles.
(14) Park. To park or stop a vehicle, as defined in the Vehicle Code, or to cause or permit a vehicle to be parked or stopped, unless the context requires a different meaning.
(15) Parking Control Officer, PCO. A City employee authorized by the Municipal Transportation Agency to enforce state laws and the San Francisco Municipal Code related to Parking of vehicles.
(16) Parking Meter. Any device that, upon payment, registers the amount of time for which a vehicle is authorized to Park in a particular Parking Space.
(17) Parking Permit. A permit issued by the Municipal Transportation Agency to a person or a vehicle which, when current, valid and properly displayed, entitles the vehicle or a vehicle occupied by the person to specified exemptions from the Parking regulations of this Code.
(18) Parking Space. A space demarcated by painted lines or other indicators for the Parking of a single vehicle.
(19) Placard. A placard issued by a state agency to a person with disabilities pursuant to Vehicle Code Sections 22511.55 or 22511.59 that entitles the holder to Parking privileges as specified in Vehicle Code Sections 22511.5 et seq.
(20) Police Officer. An employee of the San Francisco Police Department authorized to enforce the criminal laws of the state and of the San Francisco Municipal Code.
(21) Port Commission. The Port Commission of the City and County of San Francisco.
(22) Port Regulations. With respect to any property under the jurisdiction of the San Francisco Port Commission, such Parking and traffic conditions and regulations as are imposed by and on file and available for public inspection at the office of the Port Commission.
(23) Proof of Payment or Proof of Payment Program. A fare collection system that requires transit passengers to possess a valid fare receipt or transit pass upon boarding a transit vehicle or while in a Proof of Payment Zone, and which subjects such passengers to inspections for proof of payment of fare by any authorized representative of the transit system or duly authorized peace officer.
(24) Proof of Payment Zone. The paid area of a subway or boarding platform of a transit system within which any person is required to show proof of payment of fare for use of the transit system.
(25) Public Property. Property owned or controlled by a public agency that is not within the public right-of-way.
(26) Request for Review. A form submitted to the Clerk of the Board of Supervisors that seeks Board of Supervisors' review of a Final MTA Decision.
(27) San Francisco Municipal Transportation Agency or SFMTA. The Municipal Transportation Agency of the City and County of San Francisco.
(28) Sidewalk Bicycle. Any bicycle with wheel diameter of less than 21 inches overall, including tires.
(29) Special License Plate. A license plate issued by a state agency to the vehicle of a person with disabilities pursuant to Vehicle Code Section 5007 that entitles the holder to Parking privileges as specified in Vehicle Code Sections 22511.5 et seq.
(30) Special Traffic Permit. A permit issued by the Municipal Transportation Agency required for any obstruction of traffic upon a street or sidewalk area by any construction, excavation or other activity, to the extent that such activity will not be conducted in accordance with City contract specifications or with the Municipal Transportation Agency's "Regulations for Working in San Francisco Streets" (otherwise known as the "Bluebook").
(31) Stand. A zone established by the Municipal Transportation Agency for the exclusive use of a class or classes of vehicles identified by signs posted at such Stand.
(32) State. The State of California.
(33) Truck. A commercial motor vehicle with six or more wheels that is designed, used, or maintained primarily for the transportation of goods.
(34) Truck Loading Zone. A zone for the exclusive use of Trucks while loading or unloading freight, subject to any posted time limits.
(35) Vehicle Code. The Vehicle Code of the State of California.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1.2. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.
In undertaking the adoption and enforcement of this Division I, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers or employees, an obligation for breach of which the City is liable in money damages to any person who claims that such breach proximately caused injury.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1.3. APPLICABILITY OF VEHICLE CODE
(a) The provisions of the San Francisco Transportation Code shall be construed in a manner consistent with the Vehicle Code. Nothing in this Code is intended to narrow or limit any authority granted to the City by the Vehicle Code.
(b) Any statutes or regulations of the State of California that are cited in this Code shall refer to such sections as they may be amended or renumbered to the extent that the provisions of any such amended or renumbered section governs substantially the same subject matter as the former provision referenced in this Code.
(c) No provisions of Articles 7 or 8 of this Division I shall be enforceable against an alleged violator if at the time and place of the alleged violation any sign required by the Vehicle Code is not in position and sufficiently legible to be seen by an ordinarily observant person.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1.4. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Division I is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Board of Supervisors declares that it would have passed this Code and each article, section, subsection, sentence, clause and phrase of this Code, irrespective of the fact that any one or more articles, sections, subsections, sentences, clause or phrase may be declared unconstitutional.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
ARTICLE 2:
STREET SIGNAGE
Sec. 2.1.Historic District Street Signs. Sec. 2.2.Street Signs-Street Name Changes.
SEC. 2.1. HISTORIC DISTRICT STREET SIGNS.
The Director of Transportation shall provide signage displaying information about designated historic districts on all street signs along the length of any street at each intersection located within an historic district in the City.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 2.2. STREET SIGNSNAME CHANGES.
Whenever the Board of Supervisors changes the name of a street, the Municipal Transportation Agency shall erect street signs indicating both the new and the former names of the street. The new street name shall be in large letters and the former name in smaller letters beneath it. Unless the resolution changing the name of a street specifies that the double street name shall be permanent, the street signs indicating both street names shall remain posted for five years and then be replaced with signs indicating only the new street name.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
ARTICLE 3:
ENFORCEMENT AUTHORITY
Sec. 3.1.Police Commission Regulation of Traffic; Civilian Employees Authorized to Enforce Parking Regulations. Sec. 3.2.Removal of Unauthorized Signs. Sec. 3.3.Authority to Cite Vehicles on Public Property. Sec. 3.4.Diverting of Traffic and Temporary Parking Restrictions.
SEC. 3.1. POLICE COMMISSION REGULATION OF TRAFFIC; CIVILIAN EMPLOYEES AUTHORIZED TO ENFORCE PARKING REGULATIONS.
(a) The Chief of Police is hereby authorized to direct, control, divert and regulate all traffic by means of Police Officers or persons designated as special police officers limited to the control and direction of traffic by the Chief of Police pursuant to Section 4.127 of the Charter for the exclusive or main purpose of enforcing the provisions of Division 11 of the Vehicle Code, the issuance of citations for the violation of this Code, Article 12 of the Police Code, or the Vehicle Code, and the emergency use of temporary signs and devices.
(b) Any Police Officer, Parking Control Officer, or other SFMTA employee authorized to enforce parking laws may issue citations to or authorize the removal of any vehicle that is Parked in the street, on Public Property or in a Municipal Parking Facility, in accordance with the provisions of this Code, the Police Code or the Vehicle Code. SFMTA employees whose authority to enforce parking laws is limited to specified violations may order removal of a vehicle only if it is parked in violation of one of the specified laws.
(c) Where curb painting or parking regulations are necessary for public safety, such determination shall be reviewed by the Chief of Police and Fire Chief as appropriate.
(d) Any Parking Control Officer employed by the Municipal Transportation Agency and assigned to the "Robert Greenstrand Disabled Placard Detail" shall have the power and authority to issue misdemeanor citations for violations of Vehicle Code ßß 4461 and 4463.
(e) The Director of Transportation shall be empowered to identify staff with authority to enforce other parking laws and regulations in compliance with the requirements of the Vehicle Code.
(f) Any employee of the Municipal Transportation Agency who is authorized by the Agency to enforce the provisions of Article 1100 of this Code may enforce Sections 7.2.27, regulating Parking in white zones, 7.2.38, prohibiting unauthorized vehicles from Parking in Stands, 7.2.39, prohibiting vehicles from Parking in Transit-Only Areas designated in Section 601, 7.2.70, prohibiting obstruction of traffic, 7.2.80, regulating Parking of vehicles for hire in residential zones, and 7.2.86, regulating idling of commercial vehicles.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 45-11, File No. 101442, App. 3/10/2011)
SEC. 3.2. REMOVAL OF UNAUTHORIZED SIGNS.
The Municipal Transportation Agency is hereby authorized and empowered without notice to remove, or cause to be removed, every sign, signal, device or light prohibited by the terms of Section 21465, 21466, 21466.5, or 21467 of the Vehicle Code, or may bring or cause to be brought, an action as provided by law to abate the nuisance therein declared to exist by virtue of such signal, device or light.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 3.3. AUTHORITY TO CITE VEHICLES ON PUBLIC PROPERTY.
Any Police Officer or Parking Control Officer may issue a citation to a vehicle or the owner or driver of a vehicle, and/or may order the removal of any vehicle that has been Parked on Public Property in violation of any prohibition contained in this Code or other applicable law to the extent authorized by this Code and by applicable state and federal law. SFMTA employees whose authority to enforce parking laws is limited to specified violations may order removal of a vehicle only if it is parked in violation of one of the specified laws.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 45-11, File No. 101442, App. 3/10/2011)
SEC. 3.4. DIVERTING OF TRAFFIC AND TEMPORARY PARKING RESTRICTIONS.
(a) Temporary traffic diversion and parking restrictions for planned activities shall be posted as described in sub-section (b), (c), and (d) except in the case of threats to public health or safety or emergency requiring immediate response. A Police Officer or Parking Control Officer may divert traffic from any street or area, and/or may temporarily prohibit or restrict Parking on any street when made necessary or advisable by any parade, public assemblage, film production, traffic congestion, conflagration, building collapse, obstruction on or damage to any street, residential move, or the need to protect public health and safety.
(b) Building Construction, Maintenance or Repair. Any temporary Parking restriction or prohibition related to building construction, maintenance, or repair in the public right-of-way shall be posted in compliance with Article 15, Section 724.3 of the Public Works Code.
(c) Special Events, Parades, Public Assemblages, Film Production, and Street Obstructions for Public Works. Any temporary Parking restriction or prohibition for any/special event, parade, public assemblage, film production, traffic congestion, conflagration, building collapse, or obstruction on, or repair work to, any street shall be posted with appropriate signs displaying a contact person and telephone number for information regarding the reasons for the restrictions. The contact person shall be available to respond to inquiries during business hours. Such signs shall be posted at least every 100 linear feet, and at each end of the zone in which Parking will be restricted or prohibited, at least 72 hours in advance of the prohibition or restriction; provided, however, that posting a notice of a temporary Parking restriction or prohibition at any Parking Space with a meter, or by the Film Commission, may be posted no less than 24 hours in advance of the prohibitions or restrictions. Parking limitations shall apply for 100 linear feet on either side of each posted sign.
(d) Residential or Commercial Moves. Any temporary Parking restriction or prohibition to accommodate a residential or commercial moving vehicle shall be posted with appropriate signs displaying a contact person and telephone number for information regarding the reasons for the restrictions. The contact person shall be available to respond to inquiries during business hours. Such signs shall be posted at a maximum spacing not to exceed 50 linear feet, and at each end of the zone in which Parking will be restricted or prohibited, at least 72 hours in advance of the prohibition or restriction; provided, however, that such signs posted at any Parking Space with a meter, or by the Police Department, may be posted no less than 24 hours in advance of the prohibition or restriction. Parking limitations shall apply for 50 linear feet on either side of each posted sign.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 95-09, File No. 090670, App. 6/19/2009; Ord. 231-09, File No. 090780, App. 11/10/2009)
ARTICLE 4:
PARKING AND TRAFFIC ENFORCEMENT FUNDS AND FEES
Sec. 4.1.Administrative Fee ñ Police Department. Sec. 4.2.Traffic Offender Fund. Sec. 4.3.Use of Parking Meter and Garage Revenue. Sec. 4.4.Service Authority Established.
SEC. 4.1. ADMINISTRATIVE FEE ñ POLICE DEPARTMENT.
(a) A fee to reimburse the City and County for costs incurred in the administration of the procedures for removing vehicles shall be charged by the San Francisco Police Department to the owner of a vehicle removed pursuant to Sections 22651(h), 22651(p), 22655.5 or 22850.5 of the Vehicle Code. Such charges collected for the removal or storage of vehicles shall not be subject to reimbursement under Chapter 10C of the Administrative Code.
(b) The Chief of Police shall propose the fee authorized by Subsection (a). The fee shall not go into effect until approved, by resolution, by the Board of Supervisors, in an amount not to exceed the Police Department's average actual costs for the removal, impoundment, storage, and release of vehicles. The fee imposed pursuant to this Section shall not be taken into account in determining the maximum fee that may be charged by the tow car operator to the owner of a removed vehicle as provided by law, nor shall the administrative fee imposed pursuant to this Section be taken into account in determining whether a fee charged by the tow car operator to the owner of removed vehicle is excessive.
(c) The Chief of Police, with the approval of the Police Commission, is hereby authorized to adopt such rules, regulations and procedures as he or she determines are necessary for the department to impose, collect and administer the fee imposed by this Section.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 4.2. TRAFFIC OFFENDER FUND.
(a) Establishment of Fund. There is hereby established a special fund for the purpose of receiving and expending fees collected for the impoundment of vehicles from the public right of way. Said special fund shall be known and designated as the Traffic Offender Fund.
(b) Expenditure of Monies. The appropriation of all monies in the Traffic Offender Fund ("Fund") shall be made exclusively for the purposes of the Traffic Offender Program. The Traffic Offender Program shall include the enforcement of, education for, and prosecution of a suspended or revoked driving privilege, unlicensed driver, and persons driving under the influence of alcohol or drugs. Expenditures shall include, but not be limited to, purchase of equipment, contractual services, material and supplies, any other technology necessary to prosecute the case, and personnel costs, including salary and benefits for a Deputy District Attorney and a part-time law clerk, specifically provided to the program. The administration of the Fund shall conform to the provisions of the Charter, annual appropriation ordinance, and the procurement procedures as prescribed by the Controller and the Office of Contract Administration.
(c) Accumulation of Monies in Fund. The balance remaining in the Traffic Offender Fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in said Fund for the purposes recited herein.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 4.3. USE OF PARKING METER AND GARAGE REVENUE.
All funds obligated to pay debt service from the Parking Revenue Fund, the Parking Meter Revenue Account, or the Off-Street Parking Fund pursuant to Section 213 of the former San Francisco Traffic Code, shall continue to be used for such purposes pursuant to all approved debt and contractual obligations existing as of January 1, 2008. Any subsequent expenditures from such funds shall be made in accordance with Section 8A.105 of the San Francisco Charter.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 4.4. SERVICE AUTHORITY ESTABLISHED.
(a) A Service Authority for the Abatement of Abandoned Vehicles is hereby established pursuant to the provisions of Section 22710 of the California Vehicle Code. The members of the Municipal Transportation Agency Board of Directors shall serve ex officio as the members of the Service Authority for the Abatement of Abandoned Vehicles. Except as otherwise provided in this Article 4, the Service Authority shall have all of the powers and be subject to all of the conditions, restrictions and obligations that are set forth in said Section 22710 of the California Vehicle Code.
(b) Extension of the service fee of $1 on vehicles registered to an owner with an address in the City and County of San Francisco for deposit in the Abandoned Vehicle Trust Fund, as permitted by Section 9250.7(g) of the Vehicle Code, is hereby approved, and the Service Authority for the Abatement of Abandoned Vehicles is authorized to enact a resolution extending such service fee for a ten-year period, from June 1, 2013, through May 31, 2023, pursuant to said Section 9250.7(g).
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 101-13, File No. 130318, App. 6/10/2013, Eff. 7/10/2013, Oper. 6/1/2013)
ARTICLE 5:
ABATEMENT OF NUISANCE VEHICLES FROM PRIVATE PROPERTY
Sec. 5.1.Public Nuisance: Findings and Declarations. Sec. 5.2.Scope of Article; Authority to Cause Abatement. Sec. 5.3.Exceptions. Sec. 5.4.Use of Contractors. Sec. 5.5.Notice of Intention to Abate and Remove Abandoned Vehicles. Sec. 5.6.Request for Public Hearing by Interested Parties. Sec. 5.7.Conduct of Hearing: Notification of Findings: Imposition of Costs. Sec. 5.8.Disposal of Vehicle. Sec. 5.9.Notice to Department of Motor Vehicles. Sec. 5.10.Assessment of Costs Against Land. Sec. 5.11.Continuing Appropriation Account.
SEC. 5.1. PUBLIC NUISANCE: FINDINGS AND DECLARATIONS.
The Board of Supervisors makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts on private property or on Public Property creates conditions tending to reduce property values, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create harborage for rodents and insects and to be injurious to the health, safety and general welfare. Accordingly, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or vehicle parts, on private property or on Public Property is hereby declared to constitute a public nuisance that may be abated as such in accordance with applicable laws.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.2. SCOPE OF ARTICLE; AUTHORITY TO CAUSE ABATEMENT.
(a) For the purpose of this Article "abandoned vehicle or vehicle parts" shall mean vehicles that are missing any equipment that would make them unsafe to operate on the highway, or that are wrecked, dismantled, or inoperative, or regarding which there is reasonable cause to believe that the vehicle or vehicle part(s) have been abandoned as described in Vehicle Code sections 22660 and 22669 when located on Public Property or on private property.
(b) This Article shall be administered and enforced by the Director of Public Health. Upon discovering the existence of an abandoned vehicle or vehicle parts on private property or Public Property within the City, the Director of Public Health shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein and all applicable state and federal laws. The Director of Public Health's authority to enter upon private property or Public Property includes the authority to examine vehicle(s) or vehicle parts, to obtain information as to the identity of a vehicle and to remove or cause the removal of abandoned vehicle(s) or vehicle parts declared to be a nuisance pursuant to this Article.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.3. EXCEPTIONS.
This Article shall not apply to:
(a) A vehicle or vehicle part that is completely enclosed within a building or behind a fence in a lawful manner where it is not visible from the street or other Public Property or private property;
(b) A vehicle or vehicle part that is stored or Parked in a lawful manner on private property in connection with the business of a licensed vehicle dismantler or dealer, or when such storage or Parking is necessary to the operation of a lawfully conducted business.; or
(c) A vehicle or vehicle part(s) located behind a solid fence six feet in height or which is not plainly visible from the public right of way.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.4. USE OF CONTRACTORS.
The Director of Public Health may authorize contractor(s), including any vehicle removal and storage contractor(s) retained by the Municipal Transportation Agency, to enter private property or Public Property for the purpose of removing and disposing of vehicles and/or vehicle parts in accordance with this Article and all applicable provisions of the contract. The Municipal Transportation Agency may recover actual costs for such removal and disposal from the Department of Public Health.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.5. NOTICE OF INTENTION TO ABATE AND REMOVE ABANDONED VEHICLES.
(a) The Director of Public Health shall mail a notice of intention to abate and remove a vehicle or vehicle parts as a public nuisance by registered or certified mail to the property owner as shown on the last equalized assessment roll and to the last registered and legal vehicle owner(s) of record, unless the vehicle or vehicle part(s) are in such condition that identifying information is not available to determine vehicle ownership. At the time the abatement action is initiated, the Director of Public Health may elect to seek recovery of attorneys' fees. In a case where the Director of Public Health makes this election, the prevailing party shall be entitled to recover attorneys' fees. In no event shall the award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the Department in the action.
(b) The notice of intention shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR VEHICLE PARTS AS A PUBLIC NUISANCE
[name and address of property owner]
This is to notify you, the property owner shown on the last equalized assessment roll of the property located at [address] ("Property"), that the Department of Public Health has determined that there are abandoned, wrecked, dismantled or inoperative vehicle(s) and/or vehicle parts identified as:
License number (vehicle license number if identifiable), Vehicle Identification Number (VIN, if identifiable)], registered to (name of vehicle owner)] ("Vehicle Owner").
located on the Property which constitute(s) a public nuisance pursuant to the provisions of San Francisco Transportation Code Article 5.
You must abate the nuisance by removing the vehicle and/or vehicle part(s) within 10 days from the date of the mailing of this notice. If you do not remove the vehicle or request a hearing within 10 days, the Department of Public Health will abate the nuisance and the cost of abatement, including administrative costs and attorneys' fees, may be assessed to you as owner of the Property.
How to Request a Public Hearing.
As owner of the Property, you may request a public hearing by submitting a request to the Department of Public Health, at [mailing address, fax number, email address]. Any request for a public hearing must be postmarked no later than the 10th day following the date of the mailing of this notice. If you request a hearing, you may either appear in person at the hearing, or you may request a hearing at which your presence is not required.
How to Request a Hearing for which Your Presence is not Required
You may submit a signed written statement within such 10-day period denying responsibility for the presence of the vehicle and/or vehicle parts on the Property and explaining the reason why you are not responsible for the presence of the vehicle(s) and/or vehicle parts on the property, or for the cost of removal. Any such statement must be postmarked no later than the 10th day following the date of this notice, and will be construed as a request for hearing at which your presence is not required.
Right to Appear in Hearing
You may appear in person at any hearing requested, by you or by the owner of the vehicle, or, as an alternative, you may present a signed written statement in time for consideration at such hearing.
Notice Mailed____________s/____________[Date][Locally Designated Officer]
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
[Name and address of last registered and/or legal owner of record of vehiclemust be sent to both the property owner and the vehicle owner of record if different]
This is to notify you, the last registered and/or legal owner(s) of record of the following vehicle(s): [make, model year, color of vehicle], license number [vehicle license number(s) if identifiable], that the Department of Public Health has determined that said vehicle(s) and/or parts of vehicles are abandoned, wrecked, dismantled or inoperative at the property located at [address] ("Property"), and constitute(s) a public nuisance pursuant to the provisions of San Francisco Transportation Code Article 5.
You are hereby notified to abate said nuisance by the removal of said vehicle(s) and/or parts of vehicles within 10 days from the date of mailing of this notice.
How to Request a Public Hearing.
As owner of the vehicle, you may request a public hearing within 10 days by submitting a written request to the Department of Public Health, at [mailing address, fax number, email address]. Any request for a public hearing must be postmarked no later than the 10th day following the date of the mailing of this notice. If you do not make a request for a public hearing within 10 days, the Director of Public Health has the authority to abate and remove the vehicle and/or vehicle parts as a public nuisance.
If at the hearing it is found that the property owner has not consented to the presence of the vehicle and/or vehicle parts on the Property, then you as the vehicle owner are responsible for the cost of abatement, and may be assessed a fine for violation of California Vehicle Code Section 22523, unless you demonstrate by a police report or other evidence that the vehicle and/or vehicle parts were stolen prior to abandonment, or that the ownership of the vehicle has been transferred.
Right to Appear in Hearing
You may appear in person at any hearing requested, by you or by the owner of the Property, or, as an alternative, you may present a signed written statement in time for consideration at such hearing.
Notice Mailed____________s/____________[Date][Locally Designated Officer]
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.6. REQUEST FOR PUBLIC HEARING BY INTERESTED PARTIES.
(a) Upon written request by the vehicle owner or the property owner received by the Director of Public Health within 10 days after the date of mailing the notices of intention to abate and remove, a public hearing shall be held by the Director of Public Health on the question of abatement and removal of the vehicle or vehicle parts as abandoned, and the assessment of the administrative costs and the cost of removal of the vehicle or vehicle parts against the property on which it is located.
(b) If the property owner submits a written statement denying responsibility for the presence of the vehicle on the property within such 10-day period, said statement shall be construed as a request for a hearing which does not require the attendance of the property owner. If a request for hearing is not received within 10 days after mailing of the notice of intention to abate and remove, the Director of Public Health shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
(c) Notice of the hearings shall be mailed, by registered or certified mail, at least 10 days before the hearing to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of hearing shall include a statement of whether the Department of Public Health will seek recovery of attorneys' fees for the hearing.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.7. CONDUCT OF HEARING: NOTIFICATION OF FINDINGS: IMPOSITION OF COSTS.
(a) All hearings conducted pursuant to this Article shall be held before the Director of Public Health. Testimony at the hearing may include the testimony on the condition of the vehicle or vehicle parts and the circumstances concerning their location on the said private property or Public Property. The Director of Public Health shall not be limited to the judicial rules of evidence. The property owner or the vehicle owner may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing to deny responsibility for the presence of the vehicle on the property, and stating the reasons for such denial.
(b) The order resulting from a hearing before the Director of Public Health must include:
(1) a description of the vehicle or vehicle parts and any available identifying information for the vehicle or vehicle part;
(2) a finding of whether the property owner has given express or implied consent to the presence of the vehicle or vehicle parts on the property, or, in the alternative, whether the vehicle owner has abandoned the vehicle on the property in violation of Vehicle Code Section 22523.
(3) a finding identifying the prevailing party or parties for the purpose of assessing attorney's fees against the non-prevailing party or parties.
(4) The order may also:
(A) find that a vehicle or vehicle parts have been abandoned, wrecked, dismantled, or are inoperative on private property or Public Property and order the same removed from the property as a public nuisance;
(B) impose any conditions and take such other action as the Director of Public Health deems appropriate under the circumstances to carry out the purpose of this Article;
(C) Delay the time for removal of the vehicle or vehicle parts, if in the opinion of the Director of Public Health the circumstances justify it;
(D) assess an amount to be charged to for the cost of removal and disposal, not to exceed the cost of towing and seven days' of storage that may be assessed against the party found to be responsible for the nuisance in subsection 5.7(b)(ii) above, and any attorneys' fees to the prevailing party or parties;
(E) assess an administrative fee established annually by Director of Public Health in an amount reasonably calculated to recover the Department of Public Health's costs for administering this Article that may be assessed against the party found to be responsible for the nuisance in subsection 5.7(b)(ii) above.
(c) No administrative fee, attorneys' fees or costs for removal or disposal of a vehicle or vehicle parts may be assessed against the property owner under this article if it is determined at the hearing that the vehicle or vehicle parts were placed on the land without the consent of the property owner or that the property owner has not subsequently acquiesced to their presence.
(d) If the vehicle owner or property owner submits a sworn written statement denying responsibility for the presence of the vehicle or vehicle parts on the property but does not appear, or if an interested party makes a written presentation to the Director of Public Health but does not appear, the property owner shall be notified in writing of the decision.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.8. DISPOSAL OF VEHICLE.
Five days after adoption of an order declaring the vehicle or vehicle parts to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by Section 5.9, the vehicle or vehicle parts, shall be removed and disposed of in accordance with applicable legal requirements. Any vehicle or vehicle part that is removed pursuant to this Article must be removed to an automobile dismantler's yard to be disposed of as scrap, and may not be reconstructed or made operable unless it qualifies for horseless carriage or historical vehicle license plates pursuant to Vehicle Code Section 5004.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.9. NOTICE TO DEPARTMENT OF MOTOR VEHICLES.
Within five days after the date of removal of the vehicle or vehicle parts, the Director of Public Health shall give notice to the Department of Motor Vehicles identifying the vehicle or vehicle parts removed and any identifying information available, including vehicle identification number, certificates of registration or title or license plates.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.10. ASSESSMENT OF COSTS AGAINST LAND.
If the administrative fee and the cost of removal charged against the property owner pursuant to Section 5.7 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Section 25845 and shall be transmitted to the Tax Collector for collection. Said assessment shall have the priority as other City taxes.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 5.11. CONTINUING APPROPRIATION ACCOUNT.
There is hereby created in the General Fund a continuing appropriation account entitled "The Abandoned Vehicle Abatement and Removal Fund." This account shall be credited with such sums as may be appropriated by the Board of Supervisors, amounts collected by the Director of Public Health or the Director of Transportation, sums received in payment of special assessments and moneys received from the Abandoned Vehicle Trust Fund pursuant to Vehicle Code Section 9250.7. Expenditures from said Fund shall be made to pay for the abatement and removal of nuisances pursuant to this Article. All moneys received from the Abandoned Vehicle Trust Fund shall be segregated and used only for abatement, removal and disposal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof. In the event that the unexpended balance in said account, excluding moneys received from the Abandoned Vehicle Trust Fund, shall exceed $200,000, such excess shall be transferred to the unappropriated balance of the General Fund.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
ARTICLE 6:
TEMPORARY USE OR OCCUPANCY OF PUBLIC STREETS
Sec. 6.1.Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT).Sec. 6.2.Request for Permission for Temporary Use or Occupancy of Public Streets; Procedure.Sec. 6.3.Major Events Defined.Sec. 6.4.Insurance.Sec. 6.5.Recycling, Collection and Disposition.Sec. 6.6.Temporary Use of Streets for Street Fairs.Sec. 6.7.Conditions.Sec. 6.8.Exceptions.Sec. 6.9.Temporary Use or Occupancy of Public Streets by the San Francisco Unified School District for Debarkation and Embarkation of Students: Duties.Sec. 6.10.Athletic Events.Sec. 6.11.Athletic Events; Designation of Routes.Sec. 6.12.Athletic Events; Public Notice.Sec. 6.13.Athletic Events; Cost Recovery ñ Police.Sec. 6.14.Athletic Events; Cost Recovery ñ Public Works.Sec. 6.15.Monitored Bicycle Parking at Public Events.
SEC. 6.1. INTERDEPARTMENTAL STAFF COMMITTEE ON TRAFFIC AND TRANSPORTATION (ISCOTT).
There is hereby established a committee to be known as the Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT), consisting of the department or their designated representatives from the following departments and agencies: Municipal Transportation Agency, Public Works, Police, Fire, Public Health, and Entertainment Commission. The Director of Transportation shall serve as Chair of ISCOTT. The Director of Administrative Services of the City and County of San Francisco or his or her designee shall review recycling plans submitted pursuant to Section 6.5 and recommend any conditions to ISCOTT that should be imposed on any applicant. In exercising its powers ISCOTT shall consult with any other City department or agency that could be affected by any temporary use or occupancy of a public street. ISCOTT shall have the authority to take all acts reasonably necessary for it to carry out any duties imposed upon it by law. Before acting on any application for temporary use or occupancy of public streets, street fair or an athletic event, ISCOTT shall conduct a public hearing at a publicly noticed time and place to be determined by ISCOTT.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.2. REQUEST FOR PERMISSION FOR TEMPORARY USE OR OCCUPANCY OF PUBLIC STREETS; PROCEDURE.
(a) Any person seeking permission for the temporary use or occupancy of a public street within the City shall file an application with, and on a form provided by, the SFMTA, and shall pay the filing fee established by the SFMTA Board of Directors.
(b) An application shall not be accepted or approved for a proposed temporary use or occupancy scheduled to occur fewer than 30 calendar days after the application is submitted to the Municipal Transportation Agency, except as follows in this paragraph:
(1) An application for a proposed temporary use or occupancy scheduled to occur fewer than 30 calendar days after the application date may be filed for emergency consideration. The Director of Transportation shall consider the request if the applicant has demonstrated that an extraordinary emergency exists that requires the closing of a street, and provided that there is adequate time available for the Municipal Transportation Agency to conduct the required public hearing and post notice of the scheduled hearing at least 72 hours in advance of the hearing.
(2) The Mayor's Film and Video Arts Commission (the "Film Commission"), or other successor commission or division of the Mayor's office, may file with the Director of Transportation an application on behalf of a film or other video production company (which company shall be responsible for the payment of all applicable fees) for a proposed temporary use or occupancy scheduled to occur fewer than 30 calendar days after the application date, provided that there is adequate time available for the Director of Transportation to conduct the required public hearing and post notice of the scheduled hearing at least 72 hours in advance of the hearing. The Film Commission (or the film company on whose behalf the application was made) shall (A) notify residents, merchants and other occupants of the public street(s) to be closed of the dates proposed for street closure, and (B) notify any and all affected City departments, including the Police Department and the Department of Public Works.
(c) The completed application shall include, when applicable, maps and/or drawings which identify the streets that would be affected, describe the scope and design of the event, including illustrations of the location of staging, food booths, seating, and a diagram of an emergency access plan. In addition, the Director of Transportation may request such additional information as is necessary to allow ISCOTT to make an informed evaluation of the proposed temporary use or street occupancy. In the case of "major events," as defined in Section 6.3, applicants shall submit an emergency medical services plan.
(d) Applicants shall be responsible for posting notice of the public hearing at least seven calendar days prior to the hearing at which the application will be reviewed by ISCOTT. Such notice shall include a description of the streets that would be affected and shall be posted in the area of the proposed temporary use or street occupancy according to rules and regulations prescribed by the Director of Transportation. The applicant shall submit a declaration under penalty of perjury to the Director of Transportation attesting that the required public notices have been posted.
(e) ISCOTT Review and Approval Process. In reviewing an application, ISCOTT shall consider the impact of the temporary use or occupancy of public streets on the traffic, security, health, and safety of the public; determine the traffic, security, health, and safety requirements of the proposed temporary use or occupancy; and evaluate the measures proposed by the applicant to satisfy those requirements. For major events, ISCOTT shall forward the applicant's proposed emergency medical services plan to the Director of Emergency Medical Services and Emergency Operations Section (EMSEO). ISCOTT shall consider the recommendations of EMSEO regarding the proposed emergency medical services plan. It shall be the duty of ISCOTT to also consider the following:
(1) Demonstrated ability of the applicant to comply with requirements necessary to protect the safety, health, and welfare of the public, including compliance with the requirements of San Francisco Health Code Article 19L, "Prohibiting Smoking at Certain Outdoor Events."
(2) Duration of the temporary use or street occupancy and the City's ability to accommodate such use or occupancy with the necessary resources.
(3) Overextension of the City's resources because of previously approved temporary use or occupancy of public streets or other activities that could cause scheduling conflicts during the same period.
(4) The availability of an appropriate emergency access plan.
(5) The number of major events (as defined in Section 6.3 below) scheduled during the period for which the applicant seeks a permit, the nature and location of the major events, and the demand these major events will have on the City's resources, including its police, emergency and sanitation personnel. In considering the major events for which applications have been filed and/or approved. ISCOTT should give priority based on the chronological order in which the applications are received, and applicants denied permission on the basis that there are too many major events already approved or pending for approval shall be offered alternative dates by ISCOTT. Notwithstanding this provision, ISCOTT may, in its discretion, grant preference to recurring events traditionally or historically associated with a particular day or dates, provided that applications, once approved, cannot be revoked because of the subsequent filing of an application for a permit for an event traditionally or historically associated with a particular day or dates.
(6) If the application is related to a filming project to be conducted by the applicant, ISCOTT shall notify the Film Commission (or other successor commission or division of the Mayor's office) and shall consider such conditions and criteria as the Film Commission shall attach to the application.
(f) ISCOTT may impose additional requirements or conditions it deems necessary to protect the public interest by ensuring traffic management, security of property and health and safety of citizens. At the time ISCOTT reviews the application, it shall also determine the necessity of and the total estimated actual costs incurred by the Municipal Transportation Agency to run motor coaches to accommodate the rerouting of electrically powered transit vehicles because of restrictions that are imposed by the temporary street closing. The applicant shall pay a fee to the SFMTA based on the number of electrically powered vehicle hours per line affected. For purposes of this provision, "vehicle hour" shall mean the number of hours each coach on a line is in operation during the day of the street closing. If the application is approved, ISCOTT shall transmit to the applicant an invoice for the fee. The applicant shall make full payment of the fee no later than five days prior to the date of the street closing, or in accordance with a schedule agreed to by the Director of Transportation. ISCOTT shall not disapprove any application for a temporary use or occupancy of public streets because of the applicant's political, religious, or cultural orientation.
(g) ISCOTT shall take action to approve or disapprove an application within 30 days of receipt of a complete application. Notice of ISCOTT's action of approval or disapproval shall be submitted to the Chief of Police; the Fire Chief; the Director of Public Health; the Director of Public Works; and the Executive Director of the Entertainment Commission, and be maintained as a matter of record. For major events, notice of ISCOTT's action of approval or disapproval shall also be submitted to the Director of EMSEO.
(h) Appeals Process. Should the application be disapproved by ISCOTT, the applicant may first appeal the decision to the Director of Transportation if the application was filed at least 30 days prior to the date of the proposed temporary use or occupancy. Such appeal shall be made by filing the appeal with the Director of Transportation on a form provided by the Municipal Transportation Agency within five working days of disapproval. Upon receipt, the Director of Transportation shall set a time and place for hearing such appeal. In considering the appeal the Director of Transportation shall conduct a public hearing for which notice shall be posted at least 72 hours in advance of the hearing at the Municipal Transportation Agency, at the main library, and at the Office of the Clerk of the Board of Supervisors.
(i) At the appeal hearing, the appellant and members of ISCOTT shall have an opportunity to present oral testimony and written materials in support of their positions. The Director of Transportation shall consider the same criteria as set forth in Section 6.2(e). Upon hearing the appeal, and after any further investigation by the Director of Transportation, the Director of Transportation may affirm, reverse, or modify the ISCOTT decision. Notice of the Director of Transportation's action of approval or disapproval shall be submitted to the Chief of Police, the Fire Chief, the Director of Public Health, the Director of Public Works, and the Executive Director of the Entertainment Commission and shall be maintained as a matter of record.
(j) If the Director of Transportation denies the application after the appeal described in the preceding paragraph, the applicant may then appeal the decision to the Board of Supervisors. Such appeal shall be made by filing the appeal with the Clerk of the Board, on a form provided by the Clerk, within five working days of the Director of Transportation's disapproval. The Board may establish a fee to be imposed upon the filing of any such appeal. Upon receipt, the Clerk shall set a time and place for hearing such appeal by the Board of Supervisors, which hearing shall be at the Board's next regular meeting, provided that all applicable public notice requirements are satisfied. The Board shall conduct the hearing according to the same standards of review as set forth in Section 6.2(e). Upon hearing the appeal, and after any further investigation that the Board may request, the Board may affirm, reverse or modify the Director of Transportation's decision. The decision of the Board regarding the appeal shall be final. The Clerk of the Board shall transmit copies of any legislation approving a temporary street closing to the Director of Public Works, Chief of Police, the Fire Chief, the Superintendent of Emergency Hospital Service of the Department of Public Health, the Executive Director of the Entertainment Commission, and to the Director of Transportation. For major events, the Clerk shall transmit copies of any legislation approving a temporary street closing to the Director of EMSEO.
(k) Any permission for the temporary use of occupancy of a public street authorized pursuant to these provisions shall be subject to the conditions set forth in Sections 6.7 and 6.8.
(l) Late Application. Should the applicant file an application for a proposed temporary use or occupancy fewer than 30 days prior to the date of the proposed use or occupancy, and not far enough in advance of the proposed use or occupancy to allow ISCOTT to consider the application at a regularly scheduled meeting of ISCOTT, then the Director of Transportation shall have the responsibility and duty to consider and approve or disapprove the application after consulting with the members of ISCOTT. The Director of Transportation shall conduct a public hearing for which notice shall be posted at least 24 hours in advance of the hearing at the Municipal Transportation Agency, the main library, and at the Office of the Clerk of The Board of Supervisors. At the hearing, the applicant and interested persons shall have an opportunity to present oral testimony and written materials in support of their position. The Director of Transportation shall conduct the hearing according to the same standards of review as set forth in Section 6.2(e) hereof. Notice of the Director of Transportation's action of approval or disapproval shall be submitted to the Chief of Police, the Chief of the Fire Department, the Director of Public Health, the Director of Public Works, and the Executive Director of the Entertainment Commission, and shall be maintained as a matter of record. In the event the Director of Transportation disapproves the application, the applicant shall have the right to appeal the Director of Transportation's decision to the Board of Supervisors in accordance with the same terms and conditions as set forth in Section 6.2(e).
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 6-13, File No. 120772, App. 2/4/2013, Eff. 3/6/2013)
SEC. 6.3. MAJOR EVENTS DEFINED.
"Major events" are those events, including athletic events and street fairs, involving any of the following: The use or occupancy of more than five blocks, the expected attendance or participation of more than 1,000 people at any one time, or the rerouting of more than three Municipal Railway transit lines. "Major events" shall also include any sports events with expected attendance of more than 50,000 people, or any parade governed by the provisions of Police Code Section 366 et seq.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.4. INSURANCE.
Sponsors of major events shall be required to provide an insurance policy naming the City as an additional insured, in a form approved by the Office of Risk Management. Coverage shall be in an amount of $1,000,000 or more, as determined by the Office of Risk Management. This insurance requirement shall be waived where the event constitutes the exercise of rights protected under the First Amendment to the United States Constitution, and the event sponsor submits a sworn statement of indigence.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.5. RECYCLING, COLLECTION AND DISPOSITION.
(a) Recycling Plan. Any applicant seeking permission for the temporary use or occupancy of a public street, a street fair or an athletic event within the City for an activity or special event that includes dispensing of beverages from glass, aluminum, or plastic containers, or which causes to be generated large amounts of other recyclable materials, shall be required to submit a plan demonstrating a good-faith effort to provide a method to separate glass, aluminum and plastic beverage containers or other materials for the purpose of recycling them.
(b) Disposition of Recyclable Materials. Prior to the review by ISCOTT of such application, the applicant shall submit to the chair of ISCOTT the following information:
(1) A plan that describes the number and location of source-separated recycling containers that are necessary to ensure convenient utilization and protect public health and safety; and
(2) Documentation that collection services shall be performed by a private or nonprofit source.
(c) Collection of Recyclable Containers. At the time ISCOTT considers the application, it shall determine whether all of the necessary information has been submitted and whether the measures proposed by the applicant provide for the collection and disposition of source-separated materials. The applicant shall pay a deposit in the amount of $100, for each day of the event, to the Director of Public Works, at the time the application is filed, which shall be forfeited if applicant fails to collect recyclable materials and deposit said materials at a recycling facility. Such deposit shall be refunded in full to the permittee, by the Director of Public Works, upon receipt of documentation which verifies that the collected material was disposed at an appropriation recycling facility.
(d) Past Performance. The Director of Public Works shall maintain records for a period of three years that document the recycling performance of the applicant when a temporary use of a public street is permitted. If an applicant for a temporary street closing, street fair or athletic event has been granted approval in the past pursuant to a permit issued by the City and County of San Francisco and failed to collect and dispose recyclable beverage containers, ISCOTT may require the applicant to pay a deposit in an amount greater than that normally required, so long as the increased amount is reasonably related to the anticipated costs of collecting and disposing of recyclable materials. However, if an applicant who has failed to comply with a recycling plan in the past has, since that occurrence, temporarily used a public street, or sponsored a street fair or athletic event pursuant to a permit and has complied with a recycling plan, the amount of the deposit normally required of applicants shall apply.
(e) Rules and Regulations. The Director of Administrative Services shall promulgate any rules and regulations necessary or appropriate to carry out the purposes and requirements of this Article. Before issuing or amending any rules or regulations, the Director of Administrative Services shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City of the intent to issue or amend the regulations.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.6. TEMPORARY USE OF STREETS FOR STREET FAIRS.
(a) Definitions. For the purpose of this Section, the following definitions shall apply:
(1) To "issue" a permit is to deliver to an applicant for a street fair permit written permission to sponsor or hold a street fair at a specified date and location.
(2) "Sponsor" means that organization responsible for organizing a street fair and authorized to represent the street fair before City agencies and officials.
(3) A "street fair" means a social or community event, not including an athletic event or parade, in which any group of persons convene to celebrate their community or neighborhood on any street in the City which event obstructs or interferes with the normal flow of vehicular traffic.
(b) Applying for Temporary Use of Street for Street Fair. Notwithstanding any other provisions of this Code or the San Francisco Administrative Code, the regulation of street fairs, including the processes for obtaining permits from the City for conducting these street fairs and the payment of associated fees to the City, shall be governed by this Section. In order to provide for the safe, orderly and cost-effective conduct of street fairs, any organization seeking permission for the temporary use of a street for the purpose of conducting a street fair shall file an application with the Director of Transportation no later than 90 days prior to the proposed date for the event. Applications shall be submitted on forms prepared by the Director of Transportation after conferring with the appropriate representatives from the Police Department, Fire Department, Department of Public Health, the Department of Public Works, and the Entertainment Commission. At the time of filing an application under this Section, the sponsoring organization shall also file an application fee established by the Municipal Transportation Agency Board of Directors.
(c) Timeliness of Applications. No person submitting an application after the deadlines set forth in this Article shall be granted permission to conduct a street fair on the dates requested unless the person demonstrates to the satisfaction of the Director of Transportation that the failure to submit a timely application was justified by extraordinary circumstances; provided, however, that in no event shall an applicant be permitted to file an application less than 60 days prior to the proposed date for the event. Municipal Transportation Agency Board of Directors may establish a late fee to be assessed for untimely filed applications.
(d) Review of Application.
(1) Upon receiving an application for permission for the temporary use of a street for purposes of conducting a street fair, the Director of Transportation shall review the application to determine whether the information required in the application has been provided. If the Director of Transportation determines that the applicant has failed to provide the information required, the Director of Transportation shall, within five business days of receiving the application, notify the applicant of what additional information is required. If the applicant fails to provide the additional information required within five business days of notification by the Director of Transportation, the application shall be deemed to be untimely filed; provided, however, that upon good cause shown, the Director of Transportation may extend this five-day period. Except as provided in Subsection (2) of this Section, the Director of Transportation shall transmit the completed application to ISCOTT.
(2) If, upon reviewing the application, the Director of Transportation determines that the proposed street fair will be contained within one block in such a manner that no intersections will be closed, and that the proposed street fair will not require the rerouting of Municipal Railway vehicles, the Director of Transportation may grant the street fair permit without referring the application to ISCOTT; provided, however, that the Director of Transportation shall transmit copies of the applications to the constituent members of ISCOTT for informational purposes. The Director of Transportation will calculate the fee to be charged to the sponsor using the same schedule and in the same manner as prescribed in Subsection (f) of this Section. If such a street fair will include the sale of food or beverages, the appropriate permits shall be obtained from the Department of Public Health no later than 14 days prior to the date of the event. If such a street fair will include the use of propane or butane (liquefied petroleum gas), open flames, pyrotechnics and fireworks, or tent or membrane structure, the appropriate permits shall be obtained from the Fire Chief no later than 10 days prior to the date of the event.
(e) Review by ISCOTT; Recommendation. Except as provided in Subsection (d)(2) of this Section, no later than 60 days prior to the proposed date of the street fair, ISCOTT shall review the application and shall recommend that the Director of Transportation grant, deny, or grant with conditions the application for a permit. The Director of Transportation may accept or reject the recommendation of ISCOTT, and may grant, deny or grant with conditions the application for a permit. Upon granting permission to conduct a street fair, the Director of Transportation shall cause all necessary permits to be issued to the sponsor of the street fair. If the Director of Transportation denies permission to conduct the street fair, the Director of Transportation shall state in writing his or her reasons for the denial.
(f) Fee. No later than 60 days prior to the proposed date of the street fair and in consultation with other City departments, ISCOTT shall determine the fee to be charged for the permit according to the schedule below. No other fee for conducting a street fair shall be required or assessed. All fees paid by the sponsors for street fair permits shall be deposited in the City Treasury and allocated by the Controller to the appropriate City departments. The fee shall be based on the actual costs to the City of temporarily closing the street for the street fair, pursuant to the following fee schedule:
(1) Fire Department:
A) Application fee $330.00
B) Inspection feevendors using propane, butane, charcoal briquettes or open flame:
(i) First Day of Street Fair:
1 to 10 food vendors $468.00
11 to 20 food vendors $936.00
21 to 30 food vendors $1,404.00
31 food vendors and over $1,872.00
(ii) Each Consecutive Day of Street Fair:
1 to 20 food vendors $468.00
21 food vendors and over $936.00
C) Other activities at a street fair that are regulated by the Fire Department will require operational permits from the Department. Examples of regulated activities include but are not limited to: The erection of tents, the use or storage of hazardous materials, professional fireworks displays, and carnivals. Additional inspection fees may also be required depending on the activity.
2) Department of Public Health: Application and permit fees payable to the Department of Public Health under this Section shall be the same as those charged for temporary food permits for special events as governed by Section 249.11 of the Business and Tax Regulations Code.
3) Municipal Railway fee: Fee to be established by the Municipal Transportation Agency.
4) A) Street fairs where alcoholic beverages are served:
100 percent of the projected Police Department costs incurred by reason of the street fair, subject to the following caps:
0 to 100,000 patrons$5,494.07100,001 to 250,000 patrons$10,988.14More than 250,000 patrons$21,976.28
The Police Department, working with the sponsor, shall provide an estimate of attendance for the event for purposes of determining the applicable cap.
B) Street fairs where alcoholic beverages are not served:
Police Department: 40 percent of the projected Police Department costs incurred by reason of the street fair; provided, that this fee shall not exceed $2,793.49. ISCOTT shall waive all or part of this fee upon a showing that the sponsors of the event are unable to pay the full fee.
If the Director of Transportation grants the application for a permit, he or she shall transmit to the sponsor an invoice for the fee. The sponsor of the street fair shall make full payment of the fee no later than 10 days prior to the date of the event.
(g) Insurance. Street fair sponsors shall be required to file with the Director of Transportation proof of insurance in accordance with Section 6.7(I).
(h) Conditions. In addition to any other conditions imposed by the Director of Transportation, any street fair conducted pursuant to this Article shall be subject to the conditions set forth in Section 6.7.
(i) Appeals. Any appeal from the denial of the issuance of a permit to conduct a street fair, from the imposition of conditions on the issuance of a permit, or the determination or refund of fees shall be to the Board of Supervisors. Such appeal shall be made by filing with the Clerk of the San Francisco Board of Supervisors, on a form provided by the Clerk of the Board, within 10 days of the Director of Transportation's approval or disapproval or the determination or refund of fees. The Board of Supervisors may establish a fee to be imposed upon the filing of any such appeal. Upon receipt, the Clerk of the Board shall set a time and place for hearing such appeal by the Board of Supervisors, which shall be at its next regular meeting in conformance with public notice requirements. At the appeal hearing, the appellant and Director of Transportation shall have an opportunity to present oral testimony and written materials in support of their positions. Upon hearing the appeal, and after any further investigation that the Board of Supervisors may request, the Board of Supervisors may affirm, reverse, or modify the Director of Transportation's decision on the issue appealed.
(j) Notice. The Director of Transportation shall transmit copies of the granting of permission to conduct a street fair to the Chief of Police, the Fire Chief, the Director of Public Works, the Executive Director of the Entertainment Commission, the Director of the Environmental Health Section of the Department of Public Health and the Superintendent of Emergency Hospital Service of the Department of Public Health.
(k) Authorization to Sell Goods; Unauthorized Sales. The sponsor of a street fair shall determine which individuals or organizations may sell goods or merchandise on a street that has been closed for the purposes of conducting a street fair, provided, however, that such authorization shall not be withheld on the basis of the race, sex, religion, creed, national origin or sexual orientation of the person seeking such authorization. Individuals seeking to sell goods or merchandise in a street that has been closed for the purpose of a street fair without the authorization of a sponsor may be cited for violating San Francisco Police Code Section 869 (peddling without a permit). Nothing in this Section shall be construed to deprive the Department of Public Health of its authority to determine that foods or beverages may be sold.
(l) Refund of Fees. If for any reason a sponsor cancels a proposed street fair, the sponsor shall be entitled to a refund of that portion of the fees paid, other than application fees, representing the costs saved by City departments by reason of the cancellation of the street fair.
(m) Annual Reports. No later than December 1st of each year, the Chief of Police and the Director of Transportation shall provide to the Board of Supervisors written reports setting forth in detail the Police Department and Municipal Transportation Agency's costs, respectively, associated with street fairs for that year.
(n) Annual Adjustment of Fees. Fees set in this Section, including the caps on fees for police services, may be adjusted each year, without further action by the Board of Supervisors or the Municipal Transportation Agency Board of Directors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the officer, department, or agency administering the fees shall submit its current fee schedule to the Controller, who shall apply the Consumer Price Index adjustment to produce a new fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors and the Municipal Transportation Agency Board of Directors reporting the new fee schedule and certifying that: (a) the fees produce sufficient revenue to support the costs of providing the services for which each fee is assessed, and (b) the fees do not produce revenue which is significantly more than the costs of providing the services for which each fee is assessed.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 168-09, File No. 090708, App. 7/21/2009)
SEC. 6.7. CONDITIONS.
Any permission for the temporary use or occupancy of a public street authorized by the City shall be subject to the following conditions:
(a) The temporary use or occupancy of a public street shall not unnecessarily obstruct or bar public access onto said street. Sidewalks shall remain open at all times for pedestrian use unless closure of the sidewalk is provided for by resolution of the Board of Supervisors explaining the reason for such closure.
(b) No object of any nature shall be placed or maintained within 15 feet of any fire hydrant or within five feet of any fire alarm box or police call box.
(c) No object of any nature shall be placed or maintained within any intersection or pedestrian crosswalk, nor shall any vehicle be permitted to be Parked in such areas.
(d) A continuous passageway in the roadway at least 14 feet in width shall be maintained at all times during the period of such use or occupancy for the use of emergency vehicles.
(e) No object of any nature shall be fastened to or erected over the surface of the street or sidewalk, and no object shall be affixed to any pole or standard upon any street or sidewalk, without prior written consent of the Director of Public Works.
(f) Painting upon any street or sidewalk surface shall be permitted only if a washable paint is used.
(g) Adequate illumination of area shall be maintained at all times such illumination is appropriate.
(h) Official traffic-control devices and traffic signal controllers shall not be covered or blocked at any time during the period of such use or occupancy.
(i) Street barricades determined by the Police Department as being necessary to protect the public's safety shall be delivered by the Police Department or the department's designee; shall be maintained in said locations at all times during the period of such use or occupancy by the permittee; and shall be collected by the Police Department or the department's designee upon termination of the period of said use or occupancy.
(j) All manhole covers and valve box covers shall be kept clear of any fixed object.
(k) All streets and sidewalks within the area for which such permission is granted shall be kept clean and free from dirt and debris at all times during the period of such temporary use or occupancy, and all materials and equipment used in connection with said temporary use and occupancy shall be removed from the area within 24 hours of the termination of the period of such use or occupancy. The Director of Public Works shall report any violations of this subsection to the Board of Supervisors.
(l) Applicants for permission to hold a street fair on a predominantly commercial street shall comply with the following requirements for insurance coverage. For purposes of this Subsection, a "predominantly commercial street" shall mean a street block on which at least 50 percent of front footage of private property on the ground floor of the street is used for commercial purposes. A street block shall be measured from street intersection to street intersection, but shall not include any alley intersection.
(1) Applicants shall maintain in force, during the full term of the permit, insurance as follows:
(A) General Liability Insurance with limits not less than $500,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations Coverages;
(B) If any vehicles will be operated by the applicant in connection with street fair activities under the permit, Automobile Liability Insurance with limits not less than $500,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including owned, nonowned and hired auto coverages, as applicable; and
(C) If the applicant has employees, Workers' Compensation with Employers' Liability limits not less than $500,000 each accident.
(2) General Liability and Automobile Liability Insurance policies shall be endorsed to provide the following:
(A) Name as additional insureds the City and County of San Francisco, its officers, agents and employees;
(B) That such policies are primary insurance to any other insurance available to the Additional Insureds with respect to any claims arising out of activities under the permit, and that insurance applies separately to each insured against whom claim is made or suit is brought.
(3) Certificates of insurance, in format and with insurers satisfactory to the City evidencing all applicable coverages shall be furnished to the City not less than 10 working days prior to the date of the event and before commencing any operations under the permit, with complete copies of policies to be furnished to the City upon request.
(4) The insurance requirement of this Subsection shall be waived by the Board of Supervisors if the applicant certifies in writing that (A) the purpose of the street fair is First Amendment expression and that (B) the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable prior restraint on the right of First Amendment expression, or that it has been impossible for the applicant to obtain insurance coverage.
(m) Signs shall be posted pursuant to San Francisco Health Code Sections 265 through 265.3 wherever alcohol is offered for sale.
(n) All applicants shall comply with the requirements of San Francisco Health Code Article 19L, "Prohibiting Smoking at Certain Outdoor Events."
(o) Such further conditions as may be imposed by the Department of Public Works after inspection of the area involved.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009; Ord. 6-13, File No. 120772, App. 2/4/2013, Eff. 3/6/2013)
SEC. 6.8. EXCEPTIONS.
The provisions of Sections 6.1 through 6.7 of this Article shall not be applicable to permits issued by the Director of Public Works pursuant to the provisions of Section 724 of the Public Works Code or to the temporary use or occupancy of a public street by a school where the school is using the street area for play purposes during specified hours of the school day.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.9. TEMPORARY USE OR OCCUPANCY OF PUBLIC STREETS BY THE SAN FRANCISCO UNIFIED SCHOOL DISTRICT FOR DEBARKATION AND EMBARKATION OF STUDENTS: DUTIES.
Notwithstanding the conditions set forth in Section 6.7 of this Article, any school of the San Francisco Unified School District receiving permission for the temporary use or occupancy of a public street within the City and County pursuant to Section 6.1 of this Article for the debarkation and embarkation of students from buses, shall be solely responsible for:
(a) The procurement and placement of all street barricades necessary for the establishment of the requested student debarkation and embarkation at bus stops;
(b) The placement on or near said barricades of clearly visible signs of a uniform type prohibiting the Parking of vehicles adjacent to said barricades; and
(c) The handling of school buses at loading zones within areas enclosed by said barricades.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.10. ATHLETIC EVENTS.
Notwithstanding any other provision of this Code, the regulation of athletic events as defined herein, including the processes for obtaining permits from the City for conducting these athletic events and the payment of associated fees to the City, shall be governed by Sections 6.10 through 6.14.
For the purposes of this Article, an "athletic event" is an event in which a group of people collectively engage in a sport or form of physical exercise on any street in the City, which event obstructs or interferes with the normal flow of vehicular traffic. An "athletic event" includes, but is not limited to, jogging, bicycling, race walking, roller skating or running. Any event taking place entirely on property under the jurisdiction of the Recreation and Parks Department shall be exempt from this Article.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.11. ATHLETIC EVENTS; DESIGNATION OF ROUTES.
(a) The increasing number of athletic events being held on City streets places a significant burden on the City and its inhabitants. Athletic events provide entertainment and recreation for San Franciscans and people throughout the Bay Area, as well as promoting and supporting tourism in the City. But closing off several major streets at the same time to accommodate a race often causes hardship in the daily lives of local residents, widespread disruption of public transit service, increased litter on public streets and sidewalks, and potential interference with emergency services. By adopting this ordinance, the Board of Supervisors intends to reconcile the City's interest in promoting athletic events with the right of its citizens to the quiet enjoyment of their own neighborhoods.
(b) Athletic events requiring temporary street closings shall be limited in location to routes previously designated as appropriate by the Board of Supervisors. These routes shall be drawn up by ISCOTT and approved by resolution of the Board of Supervisors. In designating these routes, ISCOTT and the Board shall consider the effect of the designation upon: Local traffic patterns; Municipal Railway routes; the ability of the Police Department and the Department of Public Works to provide special services to the event; the safe and efficient delivery of police, fire and emergency medical services to the affected neighborhoods; the safety of participants in the event; and, the rights of participants, residents and local businesses to the reasonable use and enjoyment of City streets.
(c) Any person seeking permission to conduct an athletic event as defined in Section 9.10 shall file an application. The filing of an application and its processing shall be governed by the same processes, application fees, appellate procedures, Municipal Railway fees, and other requirements contained in Section 9.2, which sets forth the procedures for requesting permission for temporary use or occupancy of public streets. A street closing for an athletic event shall be restricted to those routes designated pursuant to this Section. The applicant may, as part of the application, request a waiver of this restriction. In considering a request for a waiver, the City may take into account the extent to which the event has been held along a particular route prior to the application date if that same route has been in use continuously for a period of three or more years. An applicant's request for a waiver shall be granted to the extent that a change of route is required by the Police Department for reasons of public safety.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.12. ATHLETIC EVENTS; PUBLIC NOTICE.
(a) ISCOTT shall mail a copy of any application for a temporary street closing for an athletic event to any community group or neighborhood association that has previously requested in writing to be notified of such applications.
(b) If the temporary street closing is approved, the applicant shall cause notices of the event to be conspicuously posted on both sides of the street along the entire route, at not more than 300 feet in distance apart on each street so posted, but not less than three notices on each street forming part of the route. The notices shall be posted not less than 72 hours prior to the scheduled start of the event. The applicant shall remove the notices within 48 hours after the completion of the event, or be liable for the costs of removal by the City pursuant to Article 10 of the San Francisco Police Code.
Each notice shall be headed "STREET CLOSED FOR ATHLETIC EVENT" in letters not less than one inch in height, and shall in legible characters (1) briefly describe the event to be held; (2) identify the date and time the event is to take place; and, (3) warn that the street will be closed to traffic at that time.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.13. ATHLETIC EVENTS; COST RECOVERY ñ POLICE.
(a) An application for a temporary street closing for an athletic event shall be deemed a request for police department services within the meaning of Sections 10B.1 through 10B.5 of the San Francisco Administrative Code. If the temporary street closing is approved, the Chief of Police may detail such personnel to police the event in the number and for the period of time the Chief determines to be necessary to perform the services. If the on-site services of two or more police officers are required during the event, the applicant shall be liable for the cost of police services, including field investigation needed to determine manpower requirements, and shall be responsible for indemnifying and holding harmless the City and County of San Francisco and the police personnel as required by Section 10B.2.
(b) Upon approval of a temporary street closure for an athletic event, a sum of money which the Chief of Police estimates will be necessary to cover the costs of services pursuant to Section 10B.2 of the Administrative Code shall be due. No temporary street closure shall be deemed effective until such sum of money is deposited with the Chief of Police of the City and County of San Francisco and the applicant presents to the Chief of Police proof of such deposit. The sum of money required pursuant to this paragraph shall be deposited at least one calendar week before the scheduled event. If the applicant does not deposit the sum required within the time limit specified, the temporary street closing shall be deemed denied, or, if the street closing already has been approved, revoked.
(c) Within a reasonable time after the event is over, the Chief of Police shall determine the amount of money necessary to cover the cost of services provided by the Police Department pursuant to Section 10B.2 of the Administrative Code. If the deposit pursuant to Subsection (b) hereof is insufficient to cover the cost of police services, the Chief of Police shall notify the applicant by United States mail to the address listed on the application and the applicant shall have ten days to pay the balance. If the amount deposited exceeds the actual costs, the Chief of Police shall authorize a refund of the excess to the applicant at the address shown on the application.
(d) If the applicant or sponsor cancels the event after personnel have been assigned to police it and such personnel have begun that duty, the applicant shall be liable for the time expended by police personnel pursuant to Section 10B.2 of the San Francisco Administrative Code, but in no case for less than two hours per employee. If the temporary street closure is revoked, the money deposited for the costs of police services pursuant to this Article shall be refunded.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.14. ATHLETIC EVENTS; COST RECOVERY ñ PUBLIC WORKS.
(a) An application for a temporary street closing for an athletic event shall be deemed a request for Department of Public Works services within the meaning of Sections 10B.11 through 10B.15 of the San Francisco Administrative Code. If the temporary street closing is approved, the Director of Public Works may detail such personnel to provide street-cleaning and related services for the event in the number and for the period of time the Director of Transportation determines to be necessary to perform the services. The applicant for the temporary street closing shall be liable for the cost of street-cleaning and related services, including field investigation needed to determine manpower requirements, and shall be responsible for indemnifying and holding harmless the City and County of San Francisco and the Department of Public Works personnel as required by Section 10B.12.
(b) Upon approval of a temporary street closing for an athletic event, a sum of money which the Director of Public Works estimates will be necessary to cover the costs of services pursuant to Section 10B.12 of the Administrative Code shall be due. No approval shall be deemed effective until such sum of money is deposited with the Director of Public Works. The sum of money required pursuant to this paragraph shall be deposited at least one calendar week before the scheduled event. If the applicant does not deposit the sum required within the time limit specified, the application for a temporary street closing shall be deemed denied, or, if the street closing has already been approved, revoked. The Director of Public Works may waive the advance deposit requirement if the particular event has not required additional street-cleaning or related services for the past three years. The applicant shall, however, remain liable for the costs of any additional services actually required.
(c) Within a reasonable time after the event is over, the Director of Public Works shall determine the amount of money necessary to cover the cost of services provided by the Department of Public Works pursuant to Section 10B.12 of the Administrative Code. If the deposit pursuant to Subsection (b) hereof is insufficient to cover the cost of street-cleaning and related services, the Director of Public Works shall notify the applicant by United States mail to the address listed on the application and he or she shall have ten days to pay the balance. If the amount deposited exceeds the actual costs, the Director of Public Works shall authorize a refund of the excess to the applicant at the address shown on the application.
(d) If the Board of Supervisors has approved a temporary street closing for an athletic event and the applicant cancels the event after personnel have been assigned to provide street-cleaning and related services to the event and such personnel have begun that duty, the applicant shall be liable for the time expended by Department of Public Works personnel pursuant to Section 10B.12 of the San Francisco Administrative Code. If a temporary street closing is revoked, the money deposited for the costs of street-cleaning and related services pursuant to this Article shall be refunded.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 6.15. MONITORED BICYCLE PARKING AT PUBLIC EVENTS.
ISCOTT or other applicable permitting authority is authorized and encouraged in its discretion to require, and to develop guidelines regarding, monitored bicycle parking at appropriate large permitted public events. The sponsor of the public event may provide such monitoring service or ensure that such monitored bicycle parking is available in local garages or other similar facilities. If the sponsor provides monitored bicycle parking, the sponsor may charge a nominal fee for such service. The amount of such fee shall be included as part of the sponsor's permit application. If the sponsor is unable to ascertain the fee amount at the time of the permit application, the sponsor may submit a fee schedule to ISCOTT, or other applicable permitting authority, as soon as possible but no later than 10 days before the event.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
ARTICLE 7:
VIOLATIONS
Sec. 7.1.Traffic Code Section Numbering. Sec. 7.2.Infractions. Pedestrians and Sidewalks Sec. 7.2.10.Pedestrian Crossings. Sec. 7.2.11.Electric Personal Assistive Mobility Devices. Sec. 7.2.12.Bicycle Riding Restricted. Sec. 7.2.13.Non-Motorized User-Propelled Vehicles (NUV). On-Street ParkingSec. 7.2.20.Residential/Carpool Parking. Sec. 7.2.22.Street Cleaning Parking Restrictions. Sec. 7.2.23.Payment of Parking Meter. Sec. 7.2.24.Parking in Driveways. Sec. 7.2.25.Curb Parking ñ Red Zones.Sec. 7.2.26.Curb Parking ñ Yellow Zones.Sec. 7.2.27.Curb Parking ñ White Zones.Sec. 7.2.28.Curb Parking ñ Green Zones.Sec. 7.2.29.Parking Prohibited for More Than 72 Hours. Sec. 7.2.30.Overtime Parking.Sec. 7.2.32.Perpendicular or Angled Parking. Sec. 7.2.33.Blocking Residential Door.Sec. 7.2.34.Parking Adjacent to or on Median Dividers or Traffic Islands. Sec. 7.2.35.Parking on Grades. Sec. 7.2.36.Parking Oversized Vehicles Within 100 Feet of an Intersection. Sec. 7.2.37.Motorcycle Parking. Sec. 7.2.38.Parking in Stands. Sec. 7.2.39.Parking Within Transit-Only Lanes.Sec. 7.2.40.Parking Prohibitions ñ Downtown Core. Sec. 7.2.41.Parking Prohibitions ñ Outside the Downtown Core. Sec. 7.2.42.Parking Restrictions. Sec. 7.2.43.Parking on Public Property. Sec. 7.2.45.Diverting of Traffic and Temporary Parking Restrictions. Sec. 7.2.46.Temporary Parking and Traffic Restrictions.Sec. 7.2.47.Removal of Chalk Marks. Sec. 7.2.48.Construction or Repairing of Vehicles. Sec. 7.2.49.Displaying Permit on Other Vehicles. Sec. 7.2.50.Displaying Fraudulent Parking Permit or Submitting False, Misleading or Fraudulent Information on a Residential Parking Permit Application.Sec. 7.2.51.Parking Within Parking Spaces. Sec. 7.2.52.Car Share Vehicle Parking Restrictions.Sec. 7.2.54.Large Vehicle Parking Restrictions.Off-Street ParkingSec. 7.2.60.Payment of Parking Facility Charges; Proof of Payment.Sec. 7.2.61.Use of Entrance and Exit of Municipal Parking Facility.Sec. 7.2.62.Blocking Parking Spaces.Sec. 7.2.63.Speed of Vehicles.Sec. 7.2.64.Blocking an Electric Charging Bay.Sec. 7.2.65.Overtime Parking.Traffic RegulationsSec. 7.2.70.Obstructing Traffic ñ Vehicle.Sec. 7.2.71.Obstructing Traffic ñ Without Permit; Violation of Terms of Permit; Violation of Division II, Section 903.Sec. 7.2.72.Driving In Transit-Only Area.Sec. 7.2.73.Driving Through Parades.Sec. 7.2.74.Streetcar Right-of-Way ñ Vehicles Prohibited. Sec. 7.2.75.Passing Safety Zones. Sec. 7.2.77.Weight Restricted Streets. Sec. 7.2.78.Parking or Driving of Vehicles in Port Area. Commercial VehiclesSec. 7.2.80.Vehicles for Hire and Taxis; Parking prohibited in Certain Use Districts. Sec. 7.2.81.Parking of Vehicles for Commercial Advertising Purposes. Sec. 7.2.82.Selling From a Vehicle Restricted. Sec. 7.2.83.Truck Loading Zone. Sec. 7.2.84.Commercial Vehicle Parking in Certain Districts. Sec. 7.2.85.Commercial Vehicle Double Parking. Sec. 7.2.86.Idling Engine While Parked. Sec. 7.2.87.Commercial Passenger Vehicle Restrictions. Sec. 7.2.88.On Street Sales Restrictions. Transit ViolationsSec. 7.2.101.Fare Evasion Regulations. Sec. 7.2.102.Passenger Conduct Regulations. Sec. 7.2.103.Conversing with Operating Personnel Prohibited. Sec. 7.2.104.Clipper Card Regulations.Sec. 7.3.Misdemeanors. Sec. 7.3.1.Other Fare Evasion and Passenger Conduct Regulations. Sec. 7.3.2.Fraudulent Payment Prohibited. Sec. 7.3.3.Obstructing Traffic. Sec. 7.3.4.Failure to Surrender a Revoked Parking Permit. Sec. 7.3.5.Operating Without a Permit. Sec. 7.3.6.Solicitation and Paid Passenger Referrals Prohibited.Sec. 7.3.7.Gifts or Gratuities. Sec. 7.3.8.False Statements Prohibited. Sec. 7.3.9.Refusal to Pay Fare. Sec. 7.3.10.Excessive and Unauthorized Charges. Sec. 7.3.11.False Statements on Residential Parking Permit Application.Sec. 7.4.Report on Improved Taxi Service.
SEC. 7.1. TRAFFIC CODE SECTION NUMBERING.
Police Officers and Parking Control Officers shall have the authority to issue citations for violations of this Code by citing either the former Traffic Code section number applicable to the violation that appears in parenthesis at the end of a section or subsection of the Transportation Code, the current Transportation Code section, or the applicable Vehicle Code section number without affecting the validity of the citation.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2. INFRACTIONS.
In addition to public offenses created by the Vehicle Code, the actions listed in this Section 7.2 are prohibited, and each and every violation of a prohibition listed below shall be an infraction, except as otherwise provided in: (a) this Code; or (b) the Vehicle Code; or (c) as necessary to comply with the direction of a Police Officer or Parking Control Officer; or (d) with respect to a Municipal Parking Facility, upon the direction of an authorized parking attendant; or (e) with respect to any other Public Property, except with the permission of, and subject to such conditions and regulations as are imposed by the agency that owns the property that are available for public inspection at the agency's offices.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
PEDESTRIANS AND SIDEWALKS
SEC. 7.2.10. PEDESTRIAN CROSSINGS.
For a pedestrian to cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, or within the Downtown Core, to cross a roadway other than in a marked or unmarked crosswalk. (77, 78)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.11. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
To operate an electric personal assistive mobility device on any sidewalk. (104)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.12. BICYCLE RIDING RESTRICTED.
To ride a bicycle upon any sidewalk in violation of any restriction on riding bicycles on sidewalks except as authorized in Section 1007 of Division II. (96)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009)
SEC. 7.2.13. NON-MOTORIZED USER-PROPELLED VEHICLES (NUV).
(a) Riding on Sidewalks.
(1) To ride a NUV upon any sidewalk in any business district within the City;
(2) To ride a NUV upon any sidewalk within the City between the period commencing Ω-hour after sunset and Ω-hour before sunrise; or
(b) Riding in the Roadway. While riding a NUV in the roadway:
(1) To ride a NUV upon any street in any business district within the City;
(2) To fail to yield the right-of-way to any person on foot crossing the street;
(3) To fail to yield the right-of-way to any person on foot approaching from any sidewalk, within any marked or unmarked crosswalk, or to fail to yield to any bicyclist or motor vehicle approaching on the street;
(4) To travel against the direction of traffic;
(c) General Prohibitions. While operating a NUV:
(1) To carry any object that obstructs or impairs the rider's vision in any direction.
(2) To wear any type of audio headphones, headsets or earplugs.
(3) To operate an NUV in a reckless manner that endangers the safety of people or property.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
ON-STREET PARKING
SEC. 7.2.20. RESIDENTIAL/CARPOOL PARKING.
To Park for a period exceeding the posted time limit in a Residential Permit Parking Area or a Carpool Permit Parking Area without a permit. (315(a), 412(a))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.21. [RESERVED.]
SEC. 7.2.22. STREET CLEANING PARKING RESTRICTIONS.
To Park any vehicle on any street on the days, and between the hours posted with signs giving notice of the days and hours that Parking is prohibited on that side of the street in order to allow street sweeping; provided that such prohibition shall not apply to a vehicle which is Parked during the days and hours that Parking is prohibited after the street sweeper has already passed the place where the vehicle is Parked. (37(c))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.23. PAYMENT OF PARKING METER.
(a) To Park a vehicle within the Downtown Core in any Parking Space controlled by a Parking Meter without immediately making advance payment for Parking by depositing lawful money of the United States into the Parking Meter assigned to the Parking Space, by prepaid parking card or by other authorized payment method, or to allow a vehicle within the Downtown Core to remain parked at any Parking Meter that indicates that time period for which payment was made has expired; (202.1.)*
(b) To Park a vehicle outside of the Downtown Core in any Parking Space controlled by a Parking Meter without immediately making advance payment for Parking by depositing lawful money of the United States into the Parking Meter assigned to the Parking Space, by prepaid parking card or by other authorized payment method, or to allow a vehicle outside of the Downtown Core to remain parked at any Parking Meter that indicates that time period for which payment was made has expired. (202)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.24. PARKING IN DRIVEWAYS.
To Park a vehicle in a manner that blocks a private driveway, except as authorized in Division II, Section 1004.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.25. CURB PARKING ñ RED ZONES.
To Park a vehicle in a red zone indicated by red paint on the curb at any time, except that a vehicle may stop at a Stand with a red curb if that class of vehicle is expressly authorized to stop at that Stand. (38.A)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.26. CURB PARKING ñ YELLOW ZONES.
To Park in a yellow zone indicated by yellow paint on the curb or signage, except for the purpose of loading or unloading passengers or freight, during any time in which Parking is restricted or prohibited at that yellow zone. Non-commercial vehicles shall not be Parked in a yellow zone in excess of a period of three minutes, during which the operator must be in attendance, under any circumstances during times when Parking is restricted at a yellow zone. (38.B, 38.B.1, 38.G)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009)
SEC. 7.2.27. CURB PARKING ñ WHITE ZONES.
To Park a vehicle, except to load or unload passengers, in a white zone indicated by white paint on the curb or signage for more than five minutes during any time in which Parking is restricted or prohibited at that white zone. Vehicles shall not be stopped in white zones under any circumstances during the times that Parking is restricted or prohibited, except while the operator is in attendance; provided that the operator is not required to be in attendance when the vehicle is Parked: (a) at a hospital, (b) at a school when the vehicle displays a Special License Plate or Placard, and (c) at a child care center, as defined by California Code of Regulations, Section 101152(c)(7). This Section shall not apply to Stands designated by the Municipal Transportation Agency Board of Directors for the exclusive use of Tour Buses under Division II of this Code. (38.C)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009; Ord. 99-12, File No. 110716, App. 6/7/2012, Eff. 7/7/2012)
Editor's Note:
See also Police Code Sec. 65 ("Obstructing Passenger Loading Zones").
SEC. 7.2.28. CURB PARKING ñ GREEN ZONES.
Unless exempt, to Park a vehicle in a green zone indicated by green paint on the curb beyond the specified time limits. (38.D)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009)
SEC. 7.2.29. PARKING PROHIBITED FOR MORE THAN 72 HOURS.
No person shall park or leave standing any vehicle on any public street or highway for more than 72 consecutive hours.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009)
SEC. 7.2.30. OVERTIME PARKING.
For the operator of any vehicle Parked on the street:
(a) To Park a vehicle for longer than posted time restrictions within the Downtown Core; (32(c)(1))*
(b) To Park a vehicle for longer than applicable posted time restrictions on the street outside the Downtown Core; (32(c)(2))* or
(c) To permit any vehicle to remain Parked at a Parking Meter beyond the maximum time permitted for Parking at that Parking Meter within the Downtown Core. Any vehicle Parked at an inoperable or broken Parking Meter for which Parking is permitted in excess of two hours shall be permitted to Park for a maximum time period of two hours.
(d) To permit any vehicle to remain Parked at a Parking Meter beyond the maximum time permitted for Parking at that Parking Meter outside the Downtown Core. Any vehicle Parked at an inoperable or broken Parking Meter for which Parking is permitted in excess of two hours shall be permitted to Park for a maximum time period of two hours.
(e) Each hour or portion thereof that a vehicle is Parked in violation of this Section shall be a separate and distinct offense, except that in a yellow zone indicated by yellow paint on the curb, any non-commercial vehicle may be issued no more than one citation per one-half hour for violations of time restrictions, and no vehicle may be issued more than two citations within a 12-hour period. (32, 38.G)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 104-11, File No. 110334, App. 6/20/2011, Eff. 7/20/2011)
SEC. 7.2.31. [RESERVED.]
SEC. 7.2.32. PERPENDICULAR OR ANGLED PARKING.
To Park a vehicle in any orientation other than at the angle to the curb or edge of the roadway indicated by signs or markings, or in any Parking Space equipped with a Parking Meter in any orientation other than with the front of the vehicle closest to the Parking Meter, unless the space is expressly designated for "back in only" Parking. (32.13, 55)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.33. BLOCKING RESIDENTIAL DOOR.
To Park a vehicle upon any street in such a manner that the vehicle blocks any entrance to any residence, where the residence is located adjacent to a street with no sidewalk in between the street and the residence. (32.21)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.34. PARKING ADJACENT TO OR ON MEDIAN DIVIDERS OR TRAFFIC ISLANDS.
To Park a vehicle on or next to any traffic island, lines painted or structures constructed in the public right of way for the purpose of separating opposing traffic or guiding traffic flows except as otherwise posted. (56)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.35. PARKING ON GRADES.
To Park a vehicle upon any grade or slope exceeding three percent without effectively setting the brakes and blocking the wheels of the vehicle by turning them against the curb or by other means. For the purpose of the issuance of a notice of violation of this Section, proof that an unattended vehicle Parked on a grade exceeding three percent was involved in a collision shall establish a presumption that such unattended vehicle was Parked in violation of this Section. (58(a))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.36. PARKING OVERSIZED VEHICLES WITHIN 100 FEET OF AN INTERSECTION.
To Park a vehicle six feet or more in height (including any load thereon) within 100 feet of an intersection on those streets or portions of streets, during all or those certain hours of the day, as are designated by signs giving notice of such prohibition effective for that intersection. (61)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.37. MOTORCYCLE PARKING.
To Park a vehicle other than a motorcycle in any Parking Space signed for motorcycles only. (27)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.38. PARKING IN STANDS.
(a) To Park a vehicle at any Stand at any time, except a vehicle belonging to the class of vehicles that are authorized to use that Stand. (33.5A, 39(b), 66)*
(b) To Park or stop a vehicle other than a Tour Bus at any Stand designated by the Municipal Transportation Agency's Board of Directors under Division II of this Code for the exclusive use of Tour Buses when Municipal Transportation Agency signs or markings are posted giving notice of such restrictions.
(c) To Park or stop a Tour Bus at any Stand designated by the Municipal Transportation Agency's Board of Directors under Division II of this Code for the exclusive use of Tour Buses, in violation of any time limits or loading restrictions imposed by Municipal Transportation Agency signs or markings giving posted notice of such restrictions.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 99-12, File No. 110716, App. 6/7/2012, Eff. 7/7/2012)
SEC. 7.2.39. PARKING WITHIN TRANSIT-ONLY LANES.
To Park any vehicle such that any portion of the vehicle is within a transit-only lane designated in Section 601 of Division II. (53(a))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.40. PARKING PROHIBITIONS ñ DOWNTOWN CORE.
To Park on any street, alley or portion of a street or alley that is subject to a posted Parking prohibition. (32(a)(1), 32(b))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.41. PARKING PROHIBITIONS ñ OUTSIDE THE DOWNTOWN CORE.
To Park on any street, alley or portion of a street or alley that is subject to a posted Parking prohibition. (32(a)(2), 32(b))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.42. PARKING RESTRICTIONS.
To Park on any street, alley or portion of a street or alley that is subject to a Parking restriction described in Article 800 of Division II. (32.6 through 32.6.37; 32.1.10)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.43. PARKING ON PUBLIC PROPERTY.
(a) Except as provided in Subsections (b) (c), and (d), to Park any vehicle on Public Property:
(1) Within the property lines of the parking lot commonly known as 970 Bryant Street (Block 3758) and located between the easterly side of the entrance to Interstate 80 at 8th Street and the Hall of Justice Service Station at 950 Bryant Street; (32.6.5)*
(2) Within the off-street parking area of the Fire Department property commonly known as 260 Golden Gate Avenue (Lot 7, Block 345) and located on the north side of Golden Gate Avenue approximately 83 feet east of Hyde Street; (32.6.6)*
(3) Except in parking stalls expressly designated for use by the public while conducting business at the police facilities, within the property lines of the off-street parking area of the Police Department property commonly known as 1125 Fillmore Street (Lot 13, Block 755) and located on the south side of Turk Street approximately 412.5 feet for the entire block between Fillmore and Steiner Streets and approximately 137.5 feet on the easterly side of Steiner Street and approximately 137.5 feet in the westerly side of Fill more Street and approximately 67.5 feet on the northerly side of Golden Gate Avenue commencing approximately 70 feet from the easterly line of Steiner Street and the northerly line of Golden Gate Avenue; (32.6.11)*
(4) Within the property lines of the area upon which the San Francisco Hall of Justice is situated, bounded by the northwesterly side of Bryant Street, the southwesterly side of Harriet Street, and southeasterly side of the right-of-way of the James Lick Freeway, and the northeasterly side of Seventh Street; (32.6.28)*
(5) Within the property lines of the block upon which the San Francisco City Hall is situated, bounded by the westerly line of Polk Street, the northerly line of Grove Street, the easterly line of Van Ness Avenue and the southerly line of McAllister Street; (32.1)*
(6) Within the property lines of the block upon which the San Francisco Main Library is situated, bounded by Larkin, Grove, Hyde, and Fulton Streets; (32.1.1)*
(7) Within the property lines of the Eureka Valley Branch Library, 3555 16th Street, and Western Addition Branch Library, 1550 Scott Street: (32.1.2)*
(i) When said branches are closed to the public
(ii) Except for one hour at all times when the branches are open to the public;
(8) Within the property lines of the Department of Social Services building, 150 Otis Street (Lot 7, Block 3513), and the vacant area situated at the gore corner of Mission and Otis Streets and Duboce Avenue (portion of Lot 6A, Block 3512); (32.1.3)*
(9) Within the property lines of the following listed San Francisco Housing Authority property: CAL 1-1 (Holly Courts), CAL 1-2 (Potrero Terrace), CAL 1-3 (Sunnydale), CAL 1-4 (Valencia Gardens), CAL 1-5 (Bernal Dwellings), CAL 1-8 (Westside Courts), CAL 1-9 (Harbor Slope), CAL 1-10 (Potrero Annex), CAL 1-11 (North Beach), CAL 1-15 (Ping Yuen), CAL 1-16 (Alemany), CAL 1-17 (A) [Hunters Point (A)], CAL 1-17 (B) [Hunters Point (B)], CAL 1-18(1) (J.F. Kennedy Towers), CAL 1-18(2) (Yerba Buena Plaza), CAL 1-18(3) (Hunters View), CAL 1-18(4) (Alice Griffith), CAL 1-18(5) (Yerba Buena Annex), CAL 1-18(6) (Ping Yuen North), CAL 1-18(7) (Hayes Valley), CAL 1-18(10) (Woodside Gardens), CAL 1-19-1(1) (990 Pacific Avenue), CAL 1-20 (3850 18th Street), CAL 1-21 (320-330 Clementina), CAL 1-23 (350 Ellis Street), CAL 1-28 (666 Ellis Street), CAL 1-30 (345 Hermann Street, 77 Coleridge Street, 105 Lundy's Lane), CAL 1-31 (25 Sanchez Street), CAL 1-32 (1760 Bush Street), CAL 1-33 (275 Thrift Street), CAL 1-34 (4101 Noriega Street, 220 Randolph Street, 363 Noe Street); (32.1.4)*
(10) Within the property lines of Block 815 upon which the San Francisco Unified School District building is situated, and on the parking lot located on the westerly portion of Block 762; (32.1.7)*
(11) Within the property lines of any facility under the jurisdiction and control of the San Francisco Public Utilities Commission and its departments and bureaus, except for any person conducting business with the City when such business must be conducted within any such Public Utilities Commission facility; (32.1.9)*
(12) Within the property lines of San Francisco General Hospital, including the block bounded by 22nd Street, Vermont Street, 23rd Street, and Potrero Avenue and the area bounded on three sides by San Bruno Avenue, 22nd Street, and Potrero Avenue and extending northward approximately 816 feet from 22nd Street, said area being occupied in part by the Maternity and Psychiatric buildings of San Francisco General Hospital, and also including the north side of 22nd Street from Potrero Avenue to San Bruno Avenue, the south side of 22nd Street from Potrero Avenue to Vermont Street, the west side of San Bruno Avenue north of 22nd Street, and both sides of Vermont Street between San Bruno Avenue and 23rd Street, said area being adjacent to and servicing San Francisco General Hospital; (32.2)*
(13) Within the property lines of the area upon which the Eureka-Noe District Health Center No. 1 is situated on 17th Street between Pond and Prosper Streets (Lot 49, Block 3564); (32.2.1)*
(14) Within the property lines of the area upon which the Sunset-Richmond District Health Center No. 5 is situated at 1351 Twenty-Fourth Avenue (Lot 7, Block 1779); (32.2.2)*
(15) Within the property lines of the area upon which the North East District Health Center No. 4 is situated on Mason Street at Broadway; (32.2.3)*
(16) Within the property lines of Laguna Honda Hospital, including the area bordered by Woodside Avenue, Laguna Honda Boulevard, the Water Department property at northwest Clarendon Avenue, Midtown Residential Development, and the Youth Guidance Center; (32.3)*
(17) Within the property lines of the San Francisco Department of Health, 101 Grove Street Garage; (32.3.1)*
(18) In the parking lot of Candlestick Park in a manner that causes said vehicle to rest on any line or other marking which designates a Parking Space, or in such a position that said vehicle is not entirely within the area designated as one Parking Space, unless such person has paid for the use of the Parking Spaces totally or partially occupied by said vehicle or except as directed by a parking lot attendant; (32.4.2(b))*
(19) Within the property lines of the Youth Guidance Center, including the area bounded on the north by Assessor's Block 2836, on the northeast by Panorama Drive, on the east by Assessor's Block 2821, on the southeast by Portola Drive, on the south by Woodside Avenue and on the west by the property lines of Laguna Honda Hospital; (32.5)*
(20) In any location on Treasure Island or Yerba Buena Island where the Treasure Island Development Authority has posted legally required signage of parking restrictions and prohibitions;
(21) In any location that is within the jurisdiction of the Port and is not part of the public right of way where the Port has posted legally required signage of parking restrictions and prohibitions.
(b) The restrictions listed in subparagraph (a) shall not apply to vehicles under the jurisdiction of or authorized to park in such locations for the purpose of conducting City business by:
(1) The Chief of Police, with respect to subparagraphs (1), (3), and (4);
(2) The Chief Administrative Officer, with respect to subparagraphs (4) and (5);
(3) The Fire Chief, with respect to subparagraph (2);
(4) The City Librarian, with respect to subparagraphs (6) and (7)(ii);
(5) The General Manager of the Department of Social Services, with respect to subparagraph (8);
(6) The Executive Director of the San Francisco Housing Authority, with respect to subparagraph (9), and the restrictions shall not apply to vehicles driven by officers of the City or employees of the San Francisco Housing Authority on official business;
(7) The Superintendent of Schools, with respect to subparagraph (10);
(8) The General Manager of Public Utilities, with respect to subparagraph (11);
(9) The Executive Administrator of San Francisco General Hospital, with respect to subparagraph (12);
(10) The Director of Public Health or District Health Officer, with respect to subparagraphs (13), (14), and (15);
(11) The Superintendent of Laguna Honda Hospital, with respect to subparagraph (16);
(12) The Department of Public Health, with respect to subparagraph (17);
(13) The Chief Probation Officer, with respect to subparagraph (19);
(c) The restrictions listed in Subsection (a), subparagraphs (2), (4), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (19) shall not apply to any person engaged in the loading and unloading of passengers upon or from vehicles.
(d) The restrictions listed in Subsection (a), subparagraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (19) shall not apply to any person engaged in the loading and unloading of freight upon or from vehicles. (32)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.44. RESERVED.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; repealed by Ord. 231-09, File No. 090780, App. 11/10/2009)
SEC. 7.2.45. DIVERTING OF TRAFFIC AND TEMPORARY PARKING RESTRICTIONS.
To Park a vehicle in violation of a temporary Parking prohibition or restriction posted on any street or area, or to disobey the lawful order of any Police Officer or Parking Control Officer directing the removal or diversion of a vehicle from any street or area. (33(c))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.46. TEMPORARY PARKING AND TRAFFIC RESTRICTIONS.
To violate any temporary Parking or traffic restriction authorized by the SFMTA for any public or private construction work, or that is posted pursuant to Section 3.4. (33.1)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.47. REMOVAL OF CHALK MARKS.
Removing, erasing, rubbing out, or otherwise removing or concealing, any chalk or other mark from the tires of a vehicle placed by a Parking Control Officer for the purpose of enforcing Parking regulations. (21)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.48. CONSTRUCTION OR REPAIRING OF VEHICLES.
To construct or cause to be constructed or repair or cause to be repaired any vehicle or any part of any vehicle upon any public street except such repairs as may be necessary in case of an accident or breakdown to enable the removal of the vehicle from the street. (65)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.49. DISPLAYING PERMIT ON OTHER VEHICLES.
To so use or display a Parking Permit on a vehicle other than the vehicle for which it is issued. (315(c), 412(c), 712(c))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.50. DISPLAYING FRAUDULENT PARKING PERMIT OR SUBMITTING FALSE, MISLEADING OR FRAUDULENT INFORMATION ON A RESIDENTIAL PARKING PERMIT APPLICATION.
(a) To use or display a facsimile or counterfeit Parking Permit;
(b) To knowingly make any false, misleading, or fraudulent statement or representation on any application for, or request for renewal of, any Residential Parking Permit issued by the Municipal Transportation Agency pursuant to Section 905. In addition to any penalty set forth in Section 302, the Municipal Transportation Agency may impose administrative penalties pursuant to Section 314.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 225-11, File No. 110984, App. 11/15/2011, Eff. 12/15/2011)
SEC. 7.2.51. PARKING WITHIN PARKING SPACES.
To Park a vehicle other than in a designated Parking Space, or across any demarcation of the boundaries of a Parking Space, or in any manner such that the vehicle is not entirely within the area demarcated for the Parking of a vehicle of the Parking Space. (58(c), 32.4.2(b))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.52. CAR SHARE VEHICLE PARKING RESTRICTIONS.
To Park a vehicle in a Parking Space designated by the Municipal Transportation Agency's Board of Directors for the exclusive use of car share vehicles which have been issued a Car Share Vehicle Parking Permit by the Municipal Transportation Agency when Municipal Transportation Agency signs or markings are posted giving notice. Vehicles Parked in violation of this section are subject to removal pursuant to Section 8.1(a)(12) of this Code.
(Added by Ord. 169-11, File No. 110769, App. 8/3/2011, Eff. 9/2/2011)
SEC. 7.2.54. LARGE VEHICLE PARKING RESTRICTIONS.
To Park a vehicle over twenty-two feet in length or seven feet in height, or camp trailers, fifth-wheel travel trailers, house cars, trailer coaches, mobilehomes, recreational vehicles, or semi-trailers as defined by the California Vehicle Code and Health and Safety Code, between the hours of 12 a.m. and 6 a.m. when Municipal Transportation Agency signs are posted giving notice. This section shall be operative on March 31, 2013.
(Added by Ord. 211-12, File No. 120142, App. 10/9/2012, Eff. 11/8/2012, Oper. 3/31/2013)
OFF-STREET PARKING
SEC. 7.2.60. PAYMENT OF PARKING FACILITY CHARGES; PROOF OF PAYMENT.
For the operator of any vehicle Parked in a Municipal Parking Facility, to fail, neglect or refuse to pay the Parking charges established for the Municipal Parking Facility; or where the Municipal Parking Facility requires the display of a Parking ticket or receipt as proof of payment, to fail, neglect or refuse to display such Parking ticket or receipt in the manner specified on the said ticket or receipt. (32.11)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.61. USE OF ENTRANCE AND EXIT OF MUNICIPAL PARKING FACILITY.
To enter any Municipal Parking Facility with a vehicle by any means of ingress that is not marked with the word "Entrance" or otherwise indicated by arrows, signs, or words to entry of such Municipal Parking Facility; or to remove any vehicle from any Municipal Parking Facility by any means of egress that is not marked with the word "Exit" or otherwise indicated by arrows, signs, or words to be an exit of such Municipal Parking Facility. (32.15)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.62. BLOCKING PARKING SPACES.
To Park a vehicle in any manner which either wholly or partially obstructs or interferes with access to any Parking Space, or in any manner so as to obstruct or otherwise prevent or interfere with the free movement of vehicles in any area designed for ingress to or egress from any Municipal Parking Facility. (32.14)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.63. SPEED OF VEHICLES.
For any person to operate a vehicle within a Municipal Parking Facility at a speed exceeding 10 miles per hour. (32.16)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.64. BLOCKING AN ELECTRIC CHARGING BAY.
To Park any vehicle other than an electric vehicle, in a Parking Space in a Municipal Parking Facility that is equipped with an electric vehicle charging bay in a manner that blocks or occupies the electric vehicle charging bay. (32.21A(a))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.65. OVERTIME PARKING.
For the operator of any vehicle Parked in a Municipal Parking Facility:
(a) To Park a vehicle for longer than posted time restrictions; or
(b) To permit any vehicle to remain Parked at a Parking Meter beyond the maximum time permitted for Parking at that Parking Meter. Any vehicle Parked at an inoperable or broken Parking Meter for which Parking is permitted in excess of two hours shall be permitted to Park for a maximum time period of two hours.
(c) Each hour or portion thereof that a vehicle is Parked in violation of this Section shall be a separate and distinct offense, but no vehicle may be issued more than two citations within a 12-hour period.
(Added by Ord. 104-11, File No. 110334, App. 6/20/2011, Eff. 7/20/2011)
TRAFFIC REGULATIONS
SEC. 7.2.70. OBSTRUCTING TRAFFIC ñ VEHICLE.
To Park a vehicle in a manner to obstruct the flow of pedestrian or vehicular traffic. (70, 71b)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.71. OBSTRUCTING TRAFFIC ñ WITHOUT PERMIT; VIOLATION OF TERMS OF PERMIT; VIOLATION OF DIVISION II, SECTION 903.
To obstruct traffic without a Special Traffic Permit, obstruct traffic in violation of the terms of a Special Traffic Permit, or violate the regulations set forth in Division II, Section 903. Each hour during which the obstruction continues shall constitute a separate offense. The first, and each subsequent offense within a one year period, shall result in a penalty set forth in Division II, Section 302.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009)
SEC. 7.2.72. DRIVING IN TRANSIT-ONLY AREA.
To operate a vehicle or any portion of a vehicle within the area of any street designated in Division II as a transit-only area, except that public transit vehicles and taxicabs, vehicles preparing to make a turn, and vehicles entering into or exiting from a stopped position at the curb may be driven within a transit-only area. (31, 31.2)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.73. DRIVING THROUGH PARADES.
For the operator of any vehicle to drive between the vehicles comprising an authorized parade, provided the character of such vehicles is reasonably discernible. (103)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.74. STREETCAR RIGHT-OF-WAY ñ VEHICLES PROHIBITED.
For any person to drive a vehicle over, upon or across any streetcar right-of-way which has been raised three inches or more above the level of the adjacent roadway, except as necessary for the purpose of entering or exiting from a garage or driveway or for the purpose of overtaking and passing a disabled vehicle upon the adjacent roadway. (121)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.75. PASSING SAFETY ZONES.
To drive any vehicle other than a public transit vehicle to the left of any safety zone established at a regular streetcar stop between the hours and at the locations specified in Division II. (122)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.76. [RESERVED.]
SEC. 7.2.77. WEIGHT RESTRICTED STREETS.
To operate on any street, alley or portion of a street or alley, a vehicle with a gross weight in excess of the authorized weight limit established for that street or alley in Division II. (28.1 through 28.1.70)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.78. PARKING OR DRIVING OF VEHICLES IN PORT AREA.
(a) To Park any vehicle or leave standing any animal, whether attended or unattended, or upon any property under the control and jurisdiction of the Port Commission or upon any thoroughfare located on such property in violation of Port Regulations. (220)*
(b) To drive any vehicle or animal upon any wharf, bulkhead wharf, pier, quay, or storage area or any other area not dedicated as a public street, within the control of the Port Commission, except that signs indicating restrictions on such driving must be posted and clearly visible at the entrance from any thoroughfare or street to such wharf, bulkhead wharf, pier, quay, or storage area. (220)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
COMMERCIAL VEHICLES
SEC. 7.2.80. VEHICLES FOR HIRE AND TAXIS; PARKING PROHIBITED IN CERTAIN USE DISTRICTS.
For the operator of any vehicle for hire that is registered or required to be registered with the California Public Utilities Commission, other than a Tour Bus parked at a Stand designated by the Municipal Transportation Agency's Board of Directors under Division II of this Code for the exclusive use of Tour Buses, to leave any such vehicle unattended in any street in a RH-1(D), RH-1, RH-2, RH-3, RH-4, RM-1, RM-2, RM-3, RM-4 or P Use District, or for any Taxi to remain parked in such districts for a period in excess of four (4) hours. (63.2)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009; Ord. 99-12, File No. 110716, App. 6/7/2012, Eff. 7/7/2012)
SEC. 7.2.81. PARKING OF VEHICLES FOR COMMERCIAL ADVERTISING PURPOSES.
(a) To Park any motor vehicle that is carrying, towing or otherwise displaying a commercial advertising sign on any public street or in any public or private parking lot in the City for the primary purpose of displaying a commercial advertising sign, including any display that does no more than propose a commercial transaction. This prohibition shall not apply to a passenger vehicle with maximum occupancy of six passengers, or to vehicles Parked for a primary purpose other than displaying a commercial advertising sign, including:
(1) Vehicles Parked while loading or unloading passengers or goods;
(2) Vehicles Parked while engaged in the delivery of services; and
(3) Passenger vehicles Parked within 600 feet of the residence of the registered owner of the vehicle.
(b) Findings and Purpose. The Board of Supervisors finds that there is a growing practice of Parking large vehicles such as trucks and vans in the City's public streets and parking lots for the purpose of displaying commercial advertising. The Board of Supervisors finds that this practice: (i) creates aesthetic blight; (ii) contributes to the critical shortage of parking spaces Parking Spaces; (iii) causes traffic safety hazards by distracting members of the public who use public thoroughfares, including drivers, bicyclists and pedestrians. The purpose of this Section is to counteract these negative effects and protect and promote public safety and quality of life in the City. This Section is not intended to regulate non-commercial speech, including non-commercial advertising and signage. (63.3)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.82. SELLING FROM A VEHICLE RESTRICTED.
(a) For any person to Park any vehicle upon any street in any business district and, from that vehicle, offer merchandise, services, food, or beverages for sale except for Mobile Food Facilities (as defined in Article 5.8 of the San Francisco Public Works Code) that display a valid permit issued by the Department of Public Works, in a format and manner approved by the Municipal Transportation Agency. (68)*
(b) For any person to Park a Mobile Food Facility vehicle upon any street in any residential area and, from that vehicle, offer food or beverages for sale unless displaying a valid permit issued by the Department of Public Works, in a format and manner approved by the Municipal Transportation Agency.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 120-13, File No. 121208, App. 6/28/2013, Eff. 7/28/2013)
SEC. 7.2.83. TRUCK LOADING ZONE.
To Park a vehicle in any Truck Loading Zone other than a Truck, except as expressly authorized by applicable signage. (33.3.2, 33.3)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.84. COMMERCIAL VEHICLE PARKING IN CERTAIN DISTRICTS.
To Park any motor truck, truck tractor, road tractor, van, trailer, delivery wagon, or any vehicle used for commercial purposes in excess of limitations on manufacturer's gross vehicle weight rating or a gross combination weight rating specified in Division II, for a period in excess of one hour or between the hours of 2:00 a.m. and 6:00 a.m. on any street with weight limits designated in Division II except while in the course of delivery or removal of goods, merchandise or other personal property for residents on such street, or except when such vehicle is used by a recreational equipment vendor as defined in Section 1050 of the Police Code in the course of business and all the requirements of Police Code Sections 1051 through 1055 are met. Any excepted vehicle shall be subject to all parking limitations applicable thereto as otherwise provided by law. (63, 63A, 63.1)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.85. COMMERCIAL VEHICLE DOUBLE PARKING.
Except when necessary in obedience to traffic regulations or police or Parking Control Officers, when loading or unloading merchandise or passengers it shall be a violation of Vehicle Code Section 22502(a) for a commercial vehicle to Park in a Street where signs prohibiting commercial vehicle double parking are posted.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.86. IDLING ENGINE WHILE PARKED.
To cause or permit the engine of a commercial vehicle, Private Bus, or motor vehicle for hire as defined in Police Code Section 1076(a) to idle while Parked upon any public right of way within the City and County of San Francisco for more than five minutes; provided, however, that if such vehicle is temporarily stopped for the sole purpose of loading or unloading passengers, it may idle no longer than is reasonably necessary to load or unload passengers. (60.5)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.87. COMMERCIAL PASSENGER VEHICLE RESTRICTIONS.
To operate a commercial motor vehicle with a seating capacity of eight or more passengers, used or maintained for the transportation of persons for hire, compensation or profit upon the streets or areas designated in Division II, Section 503, except as permitted in that Section.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.88. ON STREET SALES RESTRICTIONS.
It shall be unlawful for any person to park a vehicle on an on-street parking place for the purpose of displaying same for sale unless the vehicle is parked within 600 feet of the residence of the registered owner of the vehicle.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
TRANSIT VIOLATIONS
SEC. 7.2.101. FARE EVASION REGULATIONS.
(a) For any passenger or other person in or about any public transit station (including an outdoor high-level boarding platform or station operated by the Bay Area Rapid Transit District), light rail vehicle, streetcar, cable car, motor coach, trolley coach or other public transit vehicle to evade any fare collection system or proof of payment program instituted by the Municipal Transportation Agency.
(b) For any person to board or ride a light rail vehicle, streetcar, cable car, motor coach, trolley coach without prior or concurrent payment of fare.
(c) To fail to display a valid fare receipt or transit pass at the request of any authorized representative of the transit system or duly authorized peace officer while on a transit vehicle or in a Proof of Payment Zone.
(d) To misuse any transfer, pass, ticket, or token with the intent to evade the payment of any fare.
(e) To knowingly use or attempt to use any illegally printed, duplicated, or otherwise reproduced token, card, transfer or other item for entry onto any transit vehicle or into any transit station with the intent of evading payment of a fare.
(f) For any unauthorized person to use a discount ticket or fail to present, upon request from a system fare inspector, acceptable proof of eligibility to use a discount ticket. (127)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009; Ord. 96-12, File No. 120317, App. 5/24/2012, Eff. 6/23/2012)
SEC. 7.2.102. PASSENGER CONDUCT REGULATIONS.
For any passenger or other person in or about any public transit station (including an outdoor high-level boarding platform or station operated by the Bay Area Rapid Transit District), streetcar, cable car, motor coach, trolley coach or other public transit vehicle to commit any of the acts described below:
(a) Playing sound equipment on or in a system facility or vehicle;
(b) Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited ;
(c) Expectorating upon or within a system facility or vehicle;
(d) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior;
(e) Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle;
(f) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition;
(g) Willfully blocking the free movement of another person in a system facility or vehicle.
(h) Skateboarding, roller skating, bicycle riding, or roller balding in a system facility, vehicle, or parking structure. This restriction does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle as permitted by the Municipal Transportation Agency. (128)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.103. CONVERSING WITH OPERATING PERSONNEL PROHIBITED.
For any person to engage any operator of any streetcar, cable car, bus or trolley coach in conversation, except for the purpose of procuring necessary information. (128.5)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.2.104. CLIPPER CARD REGULATIONS.
(a) To fail to display a valid Clipper card at the request of any authorized representative of the transit system or duly authorized peace officer while on a transit vehicle or in a Proof of Payment Zone.
(b) To misuse any Clipper card with the intent to evade the payment of any fare, or to fail to tag a Clipper card transponder or card reader while on a transit vehicle or in a Proof of Payment Zone.
(c) To knowingly use or attempt to use any illegally printed, duplicated, or otherwise reproduced Clipper card for entry onto any transit vehicle or into any transit station with the intent of evading payment of a fare.
(d) For any unauthorized person to use a discount Clipper card or fail to present, upon request from a system fare inspector, acceptable proof of eligibility to use a discount Clipper card.
(Added by Ord. 5-12, File No. 110994, App. 1/12/2012, Eff. 2/11/2012; amended by Ord. 96-12, File No. 120317, App. 5/24/2012, Eff. 6/23/2012)
SEC. 7.3. MISDEMEANORS.
Except as may be authorized in Division II of this Code, the following actions are prohibited, and each and every violation of the prohibitions listed in this Subsection 7.3 shall be a misdemeanor; provided however, that, the charge may be reduced to an infraction in discretion of the Court, or the citation issued may be issued for the violation as an infraction in the discretion of the issuing officer.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.3.1. OTHER FARE EVASION AND PASSENGER CONDUCT REGULATIONS.
For any passenger or other person in or about any public transit station (including an outdoor high-level boarding platform or station operated by the Bay Area Rapid Transit District), or public transit vehicle to commit any of the acts described below:
(a) Knowingly providing false identification to a peace officer, fare inspector or other representative of the transit system when engaged in the enforcement of City or state laws regarding fare collection, fare evasion, passenger conduct or proof of payment of fare;
(b) Interfering with the turnstile or fare register;
(c) Meddling with the trolley pole or rope attached thereto;
(d) Meddling with tracks, switches, turnouts, or any other transit system structures or facilities;
(e) Entering upon the roadbed, tracks, structures or other portions of transit system property or facilities not open to passengers or the public;
(f) Obstructing any person or persons in charge of any transit station or facility or public transit vehicle in the performance of that person's duties, or otherwise interfering with the operation of the public transit vehicle;
(g) Sounding any bell, alarm or other warning device, without authorization;
(h) Printing, duplicating or otherwise reproducing any token, card, transfer or other item used for entry onto any transit vehicle or into a transit station without the express permission of the Municipal Transportation Agency. (128.2)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.3.2. FRAUDULENT PAYMENT PROHIBITED.
To deposit or cause to be deposited in any Parking Meter any slug, device, or substitute for lawful money of the United States or any other authorized payment device, or to otherwise fraudulently attempt to obtain time on a Parking Meter or otherwise avoid making the required payment. (207)
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.3.3. OBSTRUCTING TRAFFIC.
To obstruct traffic four or more times within one year without a Special Traffic Permit, or violate the terms of a Special Traffic Permit or the regulations set forth in Division II, Section 903. Each hour during which the obstruction continues shall constitute a separate offense. Any person and/or business entity violating this section may be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of at least $1,000, or imprisonment in the county jail not exceeding six months, or both. (194.3)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009)
SEC. 7.3.4. FAILURE TO SURRENDER A REVOKED PARKING PERMIT.
Failure, when requested, to surrender a Parking Permit revoked by the Municipal Transportation Agency. A Police Officer or Parking Control Officer is authorized to confiscate a Parking Permit from a vehicle if the Parking Permit is determined to have been revoked. (316, 413, 713)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 7.3.5. OPERATING WITHOUT A PERMIT.
(a) For any person or entity to drive or operate any taxi on the public street without a permit issued by the SFMTA authorizing such driving or operation. For purposes of this subsection 7.3.5(a), taxi shall mean a motor vehicle for hire that picks up passengers without prearrangement.
(b) For any person or entity to operate any Dispatch Service or to provide taxi-related services to Drivers or Medallion Holders, including but not limited to procurement of a Taxi or Ramp Taxi vehicle, vehicle insurance or maintenance, or the recruitment, management or scheduling of Drivers, without a permit issued by the SFMTA authorizing such operation in accordance with the provisions of this Code.
(c) For any person to drive, or to allow another person to drive, a vehicle that is authorized for use as a Motor Vehicle for Hire without a Driver Permit issued by the SFMTA.
Unless otherwise stated, for purposes of Sections 7.3.5, 7.3.6, 7.3.7, 7.3.8, 7.3.9 and 7.3.10 of Article 7 of this Code, the terms "Color Scheme," "Dispatch Service," "Dispatch Service Permit," "Driver," "Driver Permit," "Motor Vehicle for Hire," "Medallion," "Medallion Holder," "Permit Holder," "Ramp Taxi," and "Taxi" shall have the meanings ascribed to these terms in Article 1100 of this Code.
(Added by Ord. 45-11, File No. 101442, App. 3/10/2011)
SEC. 7.3.6. SOLICITATION AND PAID PASSENGER REFERRALS PROHIBITED.
(a) For any driver of a motor vehicle for hire, or any person acting in concert with or on behalf of the driver, to solicit passengers for the vehicle where the solicitation is made from any from any public street, sidewalk, or other public property.
(b) For any person to solicit or accept payment for referral of a passenger to a motor vehicle for hire, or for any person or business, firm, association or corporation to act in concert with or on behalf of another person or persons to solicit or accept payments for the referral of passengers to a motor vehicle for hire; provided, however, that this Section shall not apply to a Dispatch Service, a passenger referral service by which passengers are able to communicate directly with drivers, or any effort on the part of a Driver to market his or her services to the public.
(c) For purposes of this Section, "motor vehicle for hire" shall include any taxicab, limousine, or other privately owned motor-propelled passenger-carrying vehicle for hire, regardless of whether the City and County has issued or could issue a permit for that vehicle.
(Added by Ord. 45-11, File No. 101442, App. 3/10/2011)
SEC. 7.3.7. GIFTS OR GRATUITIES.
For any person to solicit or accept gifts and/or gratuities or anything of value from any holder of a San Francisco Motor Vehicle for Hire Permit, except as authorized in this Code, in return for any dispatch call, assignment, vehicle, or shift.
(Added by Ord. 45-11, File No. 101442, App. 3/10/2011)
SEC. 7.3.8. FALSE STATEMENTS PROHIBITED.
For any person or entity knowingly to make any false or misleading representation, to manufacture any record, or knowingly to conceal information from any person authorized by this Code to enforce Motor Vehicle for Hire laws and regulations in connection with the application for, renewal of, possible revocation of, or operation of vehicle pursuant to a permit issued under Article 1100 of this Code.
(Added by Ord. 45-11, File No. 101442, App. 3/10/2011)
SEC. 7.3.9. REFUSAL TO PAY FARE.
For any person to refuse to pay the legal fare and any applicable surcharges for a Motor Vehicle for Hire.
(Added by Ord. 45-11, File No. 101442, App. 3/10/2011)
SEC. 7.3.10. EXCESSIVE AND UNAUTHORIZED CHARGES.
(a) For a Driver of a motor vehicle for hire to charge a passenger any amount in excess of the legally authorized rate of fare and any applicable surcharges.
(b) For any Medallion Holder, Color Scheme or Dispatch Service Permit Holder to levy an administrative fee, service charge, processing fee, or other surcharge on Driver Permit Holders except as expressly authorized in this Code.
(Added by Ord. 45-11, File No. 101442, App. 3/10/2011)
SEC. 7.3.11. FALSE STATEMENTS ON RESIDENTIAL PARKING PERMIT APPLICATION.
For any person to knowingly make any false, misleading, or fraudulent statement or representation on any application for, or request for renewal of, any Residential Parking Permit issued by the Municipal Transportation Agency pursuant to Section 905.
(Added by Ord. 225-11, File No. 110984, App. 11/15/2011, Eff. 12/15/2011)
SEC. 7.4. REPORT ON IMPROVED TAXI SERVICE.
Beginning April 1, 2011, the SFMTA shall report quarterly to the Board of Supervisors on SFMTA's progress increasing and improving Taxi service in San Francisco. Such reports shall include quantitative data demonstrating the Agency's progress in meeting demand for Taxi service as a way to reduce non-permitted Taxi service.
(Added by Ord. 45-11, File No. 101442, App. 3/10/2011)
ARTICLE 8:
AUTHORITY TO REMOVE VEHICLES
Sec. 8.1.Circumstances Permitting Removal.
SEC. 8.1. CIRCUMSTANCES PERMITTING REMOVAL.
(a) Any Police Officer or Parking Control Officer is authorized, in accordance with all applicable requirements of this Code and the Vehicle Code, to remove or cause to have removed any vehicle that is:
(1) Parked in violation of Vehicle Code Section 22500, 22651 or 22652; (70, 70b) or
(2) Parked, disabled or abandoned in a manner as to obstruct the normal movement of pedestrian or vehicular traffic, or in a condition to create a hazard to other traffic in violation of Vehicle Code Sections 22651(b) or 22654(c); (70, 70(b), 71b, 159) or
(3) Not a motorcycle and is Parked in an area designated as motorcycle parking only; (27, 219) or
(4) Interfering with the use of any Street for purposes other than the normal flow of traffic in violation of signs posted at least 24 hours before such use is scheduled to begin, in accordance with Vehicle Code ß 22654(d) or 22651(m); (193, 193.4) or
(5) Parked at a Stand when such vehicle is not within the class of vehicles authorized to use such Stand, or is Parked at a Stand outside of the hours that such vehicle is authorized to use a Stand; (33.5A) or
(6) Parked in such a manner that it blocks any entrance to any residence or blocks access to electric vehicle charging bays; (32.21, 32.21A, 32.22) or
(7) Parked in violation of any restriction or prohibition in Division II for which Division II authorizes removal of vehicles in accordance with Vehicle Code Section 22651(n); (32.4.1, 32.4.3, 27) or
(8) Parked in violation of a Parking restriction or prohibition posted at a curb painted white, yellow, green or red; (33.3, 38.B, 38.C) or
(9) Parked on a Street for 72 or more consecutive hours (3 days), except that no vehicle may be removed pursuant to this Section except in compliance with all procedural requirements of this Code; (37(a), 159, 159.10) or
(10) Parked in any Municipal Parking Facility in any manner which violates this Code, or which is left in a Municipal Parking Facility for more than 24 hours after the expiration of the period for which the parking fee was paid for that vehicle; (32.14, 32.19) or
(11) A bicycle left unattended in any manner that obstructs a sidewalk, street, alley, transit access or other public place; (219.2) or
(12) Parked in a Parking Space designated by the Municipal Transportation Agency's Board of Directors for the exclusive use of car share vehicles which have been issued a Car Share Vehicle Parking Permit.
(b) Any peace officer or other employee authorized to enforce Port Regulations who finds any vehicle or animal unattended and standing or Parked in violation of Port Regulations may remove the vehicle or cause it to be removed to the nearest garage or such animal to the nearest place of safety. (220)
(c) Any peace officer who arrests the operator of a vehicle that is licensed as a charter-party carrier of passengers by the CPUC for operating as a taxicab may impound the vehicle in accordance with California Public Utilities Code ß5411.5.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 231-09, File No. 090780, App. 11/10/2009; Ord. 169-11, File No. 110769, App. 8/3/2011, Eff. 9/2/2011)
DIVISION II.
ARTICLE 100:
DEFINITIONS AND GENERAL PROVISIONS
Sec. 101.Definitions. Sec. 102.City Undertaking Limited to Promotion of General Welfare. Sec. 103.Applicability of Vehicle Code. Sec. 104.Severability. Sec. 105.Traffic Laws Apply to Person Riding Bicycles or Animals. Sec. 106.Exemptions. Sec. 107.Rules and Regulations.
SEC. 101. DEFINITIONS.
(a) Any words or phrases that are not defined in the Vehicle Code or in Division I of this Code shall have the meanings set forth below.
(1) Alley. Any street having a roadway width not exceeding 25 feet.
(2) City Traffic Engineer. The City Traffic Engineer of the SFMTA or his or her designee.
(3) Downtown Core. That area of San Francisco encompassed by and including Parking Meter Zones One and Two as they are defined in Article 400.
(4) Private Bus. Any motor vehicle designed, used or maintained by or for a charter-party carrier of passengers, a passenger stage corporation, or any highway carrier of passengers required to register with the California Public Utilities Commission, or an employer-operated commute hour shuttle service for employees.
(5) Street. A roadway or alley, and all segments or portions of the surface thereof between curbs that is intended for the movement of motor vehicles, exclusive of transit platforms and traffic islands.
(6) Traffic Calming Device. A median island, traffic circle, traffic undulation, speed bump, or other similar device installed for the purpose of controlling the speed of traffic.
(7) Traffic Code. The former Traffic Code of the City and County of San Francisco, predecessor to this Transportation Code, repealed effective July 2, 2008 by Ordinance No. 0045-08, Board of Supervisors File No. 080236.
(8) Traffic Control Device. A sign, signal, marking, or other device used to regulate, warn, or guide vehicular and pedestrian traffic, placed on, over, on the surface of or adjacent to a Street by authority of the SFMTA.
(9) Transit-Only Area. The locations that are reserved for the use of public transit vehicles, as specified in Article 600 of this Division II.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 11-028, 3/1/2011)
SEC. 102. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.
In undertaking the adoption and enforcement of this Division II, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers or employees, an obligation for breach of which the City is liable in money damages to any person who claims that such breach proximately caused injury.
(SFMTA Bd. Res. No. 08-151, 8/19/2008)
SEC. 103. APPLICABILITY OF VEHICLE CODE.
The provisions of the San Francisco Transportation Code shall be construed in a manner consistent with the Vehicle Code. Nothing in this Code is intended to narrow or limit any authority granted to the City by the Vehicle Code.
(SFMTA Bd. Res. No. 08-151, 8/19/2008)
SEC. 104. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Division II is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portions of this Code. The SFMTA Board of Directors declares that it would have passed this Code and each division, article, section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more division, articles, sections, subsections, sentences, clause or phrase be declared unlawful.
(SFMTA Bd. Res. No. 08-151, 8/19/2008)
SEC. 105. TRAFFIC LAWS APPLY TO PERSON RIDING BICYCLES OR ANIMALS.
Every person riding a bicycle or riding or driving an animal upon a highway shall have all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of this Code except those provisions which by their very nature can have no application.
(SFMTA Bd. Res. No. 08-151, 8/19/2008)
SEC. 106. EXEMPTIONS.
(a) Notwithstanding any other provision of this Code, the vehicles listed in this Section are exempt from the Parking restrictions specified below. Such vehicles remain subject to all Parking restrictions except those from which they are expressly exempted.
(1) Any vehicle that displays a valid SFMTA Parking Permit shall be exempt from Division I, Section 7.2.23 (Payment of Parking Meter); provided, however, that the exemption shall not apply when the vehicle is Parked in a yellow zone. Vehicles that display a valid SFMTA Parking Permit remain subject to Division I, Section 7.2.30(c) and (d) (Overtime-Parking) and other time restricted parking regulations unless specifically exempted by the SFMTA.
(2) News-Gathering Vehicles are exempt from Division I, Sections 7.2.20 (Residential Parking), 7.2.23 (Payment of Parking Meter), 7.2.26 (Curb Parking-Yellow Zones), 7.2.27 (Curb Parking-White Zones) and 7.2.30 (Overtime Parking) when the employee is on duty and the vehicle is Parked at least one-half mile from the employee's place of employment or residence and is in compliance with all requirements of Division I, Article 3 of this Code.
(3) Garbage and recycling vehicles contracted to do regular curbside collection service for the City are exempt from Division I, Sections 7.2.22 (Street Cleaning) and 7.2.23 (Payment of Parking Meter) of this Code while the employee operating the vehicle is on duty.
(4) Consular Corps vehicles with plates issued by the State Department are exempt from Division I, Sections 7.2.20 (Residential Parking), 7.2.23 (Payment of Parking Meter), and 7.2.30 (Overtime Parking) of this Code.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 09-172, 9/15/2009; SFMTA Bd. Res. No. 10-150, ß 1, 11/16/2010)
SEC. 107. RULES AND REGULATIONS.
The Director of Transportation is authorized to adopt such rules, regulations and procedures as he or she determines are necessary and appropriate for the implementation, administration and enforcement of this Code.
(SFMTA Bd. Res. No. 08-151, 8/19/2008)
ARTICLE 200:
CITY TRAFFIC ENGINEER
Sec. 201.Procedures for Implementing Parking and Traffic Controls. Sec. 202.Notice of Public Hearing. Sec. 203.Final SFMTA Decision; Request for Review.
SEC. 201. PROCEDURES FOR IMPLEMENTING PARKING AND TRAFFIC CONTROLS.
(a) Office of City Traffic Engineer. The position of City Traffic Engineer is established. The City Traffic Engineer shall be an employee of the SFMTA licensed with the State of California as a Civil or Traffic Engineer and designated by the Director of Transportation to exercise the powers and perform the duties of City Traffic Engineer established by this Code. The City Traffic Engineer shall have the authority to:
(1) Identify, study and implement measures to improve traffic conditions and increase the safety of vehicles and pedestrians in furtherance of the City's Transit First Policy.
(2) Review and investigate requests to install, modify or remove Traffic Control Devices.
(3) Install color curb markings, including painting red zones not to exceed 20 (continuous) feet in length where needed to ensure public safety, proper Parking Meter spacing or vehicular access to private or public driveways and Streets.
(4) Design, install, operate and maintain Traffic Control Devices as necessary to guide, warn and control moving vehicular and pedestrian traffic.
(5) Install or remove any temporary Traffic Control Devices on any Street for the purpose of controlling Parking or traffic during emergencies, special conditions or events, construction work, short-term testing, or when necessary for the protection of public health and safety. Such temporary Traffic Control Devices shall be removed when they are no longer required following the emergency, condition, or event.
(6) Implement Parking and traffic control measures approved by the SFMTA Board of Directors.
(7) Determine the hours and days during which any Traffic Control Device shall be in operation except where such hours or days are established by law or by resolution of the SFMTA Board of Directors.
(8) Conduct engineering and traffic surveys necessary to establish and maintain appropriate speed limits.
(9) Regulate or prohibit obstructions on Streets and grant or deny Special Traffic Permits.
(10) Mark center lines, lane lines, crosswalks, the boundaries of Parking Spaces associated with Parking Meters, and other distinctive markings upon the surface of any Street, or place any signs to indicate the course to be traveled by vehicles or pedestrians.
(11) Take other actions to regulate Parking and traffic or prohibit Obstructions to Traffic which do not require public hearing or approval of the SFMTA Board of Directors as described in Sections (b) and (c) of this Section.
(12) To remove without notice any unauthorized Traffic Control Device, including color curb markings or other markings that regulate Parking and traffic.
(13) Indicate by signs or markings where Parking is prohibited within 15 feet of any fire hydrant.
(14) Carry out all functions of the City Traffic Engineer consistent with all laws, regulations, generally accepted traffic engineering standards and SFMTA policies.
(b) Public Hearings. The following Parking and traffic measures may be implemented following a public hearing:
(1) Locate and install Traffic Calming Devices.
(2) Designate the location of Stands, the types of vehicles authorized to use such Stands and the days and hours in which Parking restrictions shall be enforced at any Stand.
(3) With the exception of blue zones for the exclusive use of persons with disabilities designated in accordance with Vehicle Code ß 21458(a)(5), determine the locations for Parking restrictions designated by painted curb colors in accordance with Vehicle Code Section 21458 and the times that Parking is prohibited in such locations.
(4) Determine the locations of Truck Loading Zones and the times that Parking is prohibited in that Zone.
(5) Designate motorcycle Parking Spaces.
(6) Designate on-street bicycle Parking Spaces.
(c) SFMTA Board of Directors' Action Required. The following Parking and traffic measures may not be implemented without a public hearing and prior approval of the SFMTA Board of Directors, taking into consideration the recommendation of the City Traffic Engineer:
(1) Designate Parking Meter Zones and Streets on which Parking Meters are to be installed in each Parking Meter Zone.
(2) Designate blue zone Parking Spaces for the exclusive use of persons with disabilities in accordance with Vehicle Code ß 21458(a)(5).
(3) Establish, modify or eliminate preferential Parking programs in accordance with Vehicle Code ßß 22507 and 22507.1, including the applicable geographical area(s) and the days and hours of applicable Parking restrictions.
(4) Install or remove bicycle lanes.
(5) Implement the following changes within the bicycle route network, as defined in the most recent update of the Transportation Element of the San Francisco General Plan:
(A) The narrowing of right-hand travel lanes with Parking, including turn lanes to less than 22 feet or the narrowing of right-hand travel lanes without Parking, including turn lanes to less than 14 feet;
(B) The narrowing or elimination of any bicycle lanes, bicycle paths or bicycle routes;
(C) The addition of traffic lanes, except where such lanes consist of left-turn or right-turn pockets.
(D) Subsections (c)(5)(A) through (c)(5)(C) shall not apply to construction zones involving temporary changes to lane widths or lane configurations.
(6) Designate intersections at which right, left or U turns are prohibited.
(7) Designate intersections at which turns against a red or stop signal are prohibited.
(8) Establish multiple turn lanes where vehicles can make right or left turns from more than one lane.
(9) Designate one-way Streets.
(10) Designate intersections at which one direction of traffic shall be required to yield to the other.
(11) Designate intersections at which traffic shall be required to stop, or where a required stop is eliminated.
(12) Designate the location of all bus zones for the use of public transit vehicles.
(13) Set time limits for, and the days and hours of enforcement of any Parking restriction.
(14) Establish or close a crosswalk.
(15) Establish a tow-away zone.
(16) Designate the angle or direction in which vehicles are required to Park on the Street.
(17) Designate locations where Parking by vehicles over 6 feet high is restricted within 100 feet of an intersection.
(18) Establish bus, truck, and weight restrictions on Streets.
(19) Establish transit only lane regulations.
(20) Establish speed limits on Streets.
(21) Establish on-street Car Share Vehicle Parking Spaces.
(22) Designate locations where Parking by vehicles over twenty-two feet in length or seven feet in height, or camp trailers, fifth-wheel travel trailers, house cars, trailer coaches, mobilehomes, recreational vehicles, or semi-trailers are prohibited from parking between the hours of midnight and 6 a.m.
(SFMTA Bd. Res. No. 08-151, Ad. 8/19/2008; SFMTA Bd. Res. No. 09-172, Ad. 9/15/2009; SFMTA Bd. Res. No. 11-028, Ad. 3/1/2011; SFMTA Bd. Res. No. 11-108, Ad. 8/2/2011, Eff. 9/2/2011; SFMTA Bd. Res. No. 13-005, Ad. 1/15/2013, Eff. 2/15/2013)
SEC. 202. NOTICE OF PUBLIC HEARING.
The City Traffic Engineer shall post localized notices of public hearings for changes implemented pursuant to subsections 201(b) or 201(c). Such notices shall be posted on at least two utility poles in the affected area for no less than 10 calendar days prior to the hearing. The notice of the public hearing shall also be posted on the SFMTA website.
(SFMTA Bd. Res. No. 08-151, Ad. 8/19/2008)
SEC. 203. FINAL SFMTA DECISION; REQUEST FOR REVIEW.
(a) Board of Directors Decisions. Any decision of the SFMTA Board of Directors to install or remove a stop sign, to create or eliminate a bicycle lane, to create or eliminate a preferential Parking zone pursuant to Sections 22507 or 22507.1 of the Vehicle Code, create or eliminate a Parking Meter zone, adopt a short term Parking restriction, or establish or remove a blue zone shall, upon approval, be a Final MTA Decision.
(b) City Traffic Engineer Decisions. Whenever the City Traffic Engineer declines a public request to recommend to the SFMTA Board any of the actions identified in subsection (a), notice of such decision shall be mailed to the requestor at the address provided by the requestor. If the request was made by petition, notice shall be mailed to the primary contact for the petition.
(c) Request for Review. Any person may submit by mail a written and signed request for review of any decision made by the City Traffic Engineer pursuant to subsection (b). The request for review shall specify the grounds for review of the decision and the name and mailing address of the person submitting the request. Such request must be received by the SFMTA on or before the 30th day following the date that the notice of decision is posted on the MTA website or is mailed, whichever date is later.
(d) Director of Transportation's Determination. Within 30 calendar days of receiving a request for review, the Director of Transportation shall determine whether to affirm the decision of the City Traffic Engineer or refer the matter to the SFMTA Board of Directors. If the Director of Transportation affirms the determination of the City Traffic Engineer, the request for review is denied and the decision becomes a Final SFMTA Decision. Notice of the Final SFMTA Decision shall be mailed to the requestor at the address provided by the requestor. If the request was made by petition, notice shall be mailed to the primary contact for the petition.
(e) SFMTA Board of Directors Hearing. If the request for review is referred to the SFMTA Board of Directors, notice of the time and place of such hearing shall be mailed to the requestor and posted in accordance with the requirements of Section 202.
(SFMTA Bd. Res. No. 08-151, Ad. 8/19/2008; SFMTA Bd. Res. No. 09-172, Ad. 9/15/2009)
ARTICLE 300:
FINES AND FEES
New Resolution Notice
Publisher's Note: This Article includes sections affected by new resolutions. Click here for a list of all new legislation affecting sections of this Code.
Sec. 301.Late Payment; Special Collections and Boot Removal Fee. Sec. 302.Transportation Code Penalty Schedule. Sec. 303.California Vehicle Code Penalty Schedule. Sec. 304.Color Curb Painting Fees. Sec. 305.Towing and Storage Administrative Fees.Sec. 306.Obstructing Traffic ñ Without Permit; Violation of Terms of Permit; Violation of Division II, Section 903 ñ Administrative Penalties. Sec. 307.Procedure for Assessment and Collection of Administrative Sec. 308.In-Person Customer Service Center Transaction Fee.Sec. 309.On-Line Computer Transaction Fee.Sec. 310.Schedule of Fines.Sec. 311.Request for Community Service Processing Fee.Sec. 312.Lost Parking Meter Revenue.Sec. 313.Parklet Installation Fee.Sec. 314.Residential Parking Permit Applications ñ False, Misleading or Fraudulent Information; Violation of Division I, Section 7.2.50 ñ Administrative Penalties.Sec. 315.Procedure for Assessment and Collection of Administrative Penalties.Sec. 316.Temporary No-Parking Sign Posting Fee Schedule.
SEC. 301. LATE PAYMENT; SPECIAL COLLECTIONS AND BOOT REMOVAL FEE.
Except as otherwise specified in this Code, the SFMTA may charge the following penalties and fees to persons to whom civil citations have been issued or to owners of cited vehicles for failure to either pay the citations or to contest the underlying citations by the due date affixed to the notice of violation:
(a) The penalty for failure to pay a citation penalty or contest the underlying citation by the first due date affixed to the notice of violation shall be $27.00 effective July 1, 2012, and $28.00 effective July 1, 2013.
(b) The penalty for failure to pay a citation penalty or contest the underlying citation by the second due date affixed to the notice of violation shall be $37.00 effective July 1, 2012, and $38.00 effective July 1, 2013.
(c) The fee to reimburse the City for collection costs incurred as a result of a citation that is not either contested or paid by the first due date affixed to the notice of violation shall be $42.00 effective July 1, 2012, and $44.00 effective July 1, 2013.
(d) A fee to reimburse the City for the costs of removing boots from scofflaw vehicles in the amount of $300.00 effective July 1, 2012, and $312.00 effective July 1, 2013.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 09-172, 9/15/2009; SFMTA Bd. Res. No. 11-060, Ad. 5/3/2011, Eff. 6/3/2011, Oper. 7/1/2011; SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012)
SEC. 302. TRANSPORTATION CODE PENALTY SCHEDULE.
New Resolution Notice
Publisher's Note: This section has been conditionally AMENDED by a new resolution (SFMTA Bd. Res. No. 13-179, adopted 7/16/2013, effective 8/15/2013, conditionally operative (see Sec. 2 of the Resolution)). The text of the amendment will be incorporated below when and if the new resolution becomes operative.
Violation of any of the following subsections of the San Francisco Transportation Code shall be punishable by the fines set forth below.
FORMER CODE
SECTIONTRANSPORTATION
CODE SECTIONDESCRIPTIONFINE AMOUNT
Effective July 1, 2012FINE AMOUNT
Effective July 1, 2013*PEDESTRIANS AND SIDEWALKSTraffic Code Sections 77, 78Div I 7.2.10Pedestrian Crossings$57.00$55.00Traffic Code Section 104Div I 7.2.11Electric Assistive Personal Mobility Devices$57.00$55.00Traffic Code Section 96Div I 7.2.12Bicycle Riding Restricted$100.00$100.00Traffic Code Section 100Div I 7.2.13NUV Violation$57.00$55.00ON-STREET PARKINGTraffic Code Section 315(a)Div I 7.2.20Residential Parking$72.00$71.00Traffic Code Section 37(c)Div I 7.2.22Street Cleaning$62.00$61.00Traffic Code Section 202.1Div I 7.2.23(a)Parking Meter- Downtown Core$72.00$71.00Traffic Code Section 202Div I 7.2.23(b)Parking Meter-Outside Downtown Core$62.00$61.00Traffic Code Section 38ADiv I 7.2.25Red Zone$98.00$97.00Traffic Code Sections 38B, 38B.1Div I 7.2.26Yellow Zone$83.00$82.00Traffic Code Section 38CDiv I 7.2.27White Zone$98.00$97.00Traffic Code Section 38DDiv I 7.2.28Green Zone$72.00$71.00Traffic Code Section 37(a)Div I 7.2.29Parking for Three Days$98.00$97.00Traffic Code Section 32(c)(1)Div I 7.2.30(a)Overtime ParkingCore$72.00$71.00Traffic Code Section 32(c)(2)Div I 7.2.30(b)Overtime Parking Outside Downtown Core$62.00$61.00Traffic Code Sections 32.13, 55Div I 7.2.32Angled Parking$57.00$55.00Traffic Code Section 32.21Div I 7.2.33Blocking Residential Door$45.00$43.00Traffic Code Section 56Div I 7.2.34Median Dividers and Islands$72.00$71.00Traffic Code Section 58(a)Div I 7.2.35Parking on Grades$57.00$55.00Traffic Code Section 61Div I 7.2.36100 Feet Oversize$110.00$107.00Traffic Code Sections 27, 219Div I 7.2.37Motorcycle Parking$98.00$97.00Traffic Code Sections 33.5, 39(b), 66Div I 7.2.38Parking in Stand$98.00$97.00Traffic Code Section 53(a)Div I 7.2.39Parking Transit-Only$110.00$107.00Traffic Code Section 32(a)(1)Div I 7.2.40Tow-Away Zone- Downtown Core$93.00$92.00Traffic Code Section 32(a)(2)Div I 7.2.41Tow-Away Zone- Outside Downtown Core$83.00$82.00Traffic Code Section 32(b)Div I 7.2.42Parking Restrictions$83.00$82.00Traffic Code Section 32, 32.1, 32.1.1, 32.1.2, 32.1.3, 32.1.11, 32.1.4, 32.1.7, 32.1.9, 32.1.10, 32.2, 32.2.1, 32.2.2, 32.2.3, 32.3, 32.3.1, 32.4.2(b), 32.5, 32.6, 32.6.2, 32.6.3, 32.6.5, 32.6.6, 32.6.7, 32.6.8, 32.6.11, 32.6.13, 32.6.16, 32.6.18, 32.6.19, 32.6.20, 32.6.21, 32.6.22, 32.6.23, 32.6.24, 32.6.25, 32.6.26, 32.6.27, 32.6.28, 32.6.29, 32.6.30, 32.6.31, 32.6.32, 32.6.34, 32.6.35 Div I 7.2.43Parking-Public Property$62.00$61.00Traffic Code Sections 32.4, 32.4.1Div I 7.2.44Parking-Candlestick Park$62.00$61.00Traffic Code Section 33(c)Div I 7.2.45Temporary Parking Restriction$62.00$61.00Traffic Code Section 33.1Div I 7.2.46Temporary Construction Zone$62.00$61.00Traffic Code Section 21Div I 7.2.47Remove Chalk$110.00$107.00Traffic Code Section 65Div I 7.2.48Repairing Vehicle$77.00$76.00Traffic Code Sections 315(c), 412(c), 712(c)Div I 7.2.49Permit on Wrong Car$110.00$107.00Traffic Code Sections 315(d), 412(d), 712(d)Div I 7.2.50Invalid Permit$110.00$107.00Traffic Code Sections 32.4.2(b), 32.14, 58(c)Div I 7.2.51Parking Marked Space$57.00$55.00Not ApplicableDiv I 7.2.52On-Street Car Share Parking$110.00$107.00Not ApplicableDiv I 7.2.54Large Vehicle$110.00$107.00OFF-STREET PARKINGTraffic Code Sections 32.10, 32.11Div I 7.2.60Parking Facility Charges$57.00$55.00Traffic Code Section 32.15Div I 7.2.61Entrance/Exit Parking Facility$100.00$100.00Traffic Code Section 32.14Div I 7.2.62Blocking Space Parking Facility$57.00$55.00Traffic Code Section 32.16Div I 7.2.63Speeding within Parking Facility$100.00$100.00Traffic Code Section 32.21ADiv I 7.2.64Block Charging Bay$110.00$107.00Not ApplicableDiv I 7.2.65Overtime Parking - Off-Street Parking Meter$62.00$61.00Not ApplicableDiv II 1009SFMTA Property$62.00$61.00TRAFFIC REGULATIONSTraffic Code Section 70Div I 7.2.70Obstruction of Traffic-Vehicle$110.00$107.00Traffic Code Section 194.3Div I 7.2.71Obstruction of Traffic Without Permit$519.00$530.00Traffic Code Section 194.3Div I 7.3.3Obstruction of Traffic Without Permit$1,000, or six months in jail, or both (4th or more offenses within one year)$1,000, or six months in jail, or both (4th or more offenses within one year)Traffic Code Sections 31, 31.2Div I 7.2.72Driving in Transit-Only Area$67.00$66.00Traffic Code Section 103Div I 7.2.73Driving Through Parades$100.00$100.00Traffic Code Section 121Div I 7.2.74Streetcar Right-of-Way$100.00$100.00Traffic Code Section 122Div I 7.2.75Passing Safety Zones$100.00$100.00Traffic Code Section 25Div I 7.2.76Removal of Vehicles-Collision$100.00$100.00Traffic Code Sections 28.1Div I 7.2.77Weight Restricted Streets$100.00$100.00COMMERCIAL VEHICLESTraffic Code Section 63.2Div I 7.2.80Vehicles for Hire Parking$110.00$107.00Traffic Code Section 63.3Div I 7.2.81Advertising Sign$110.00$107.00Traffic Code Section 68Div I 7.2.82Selling from Vehicle$100.00$100.00Traffic Code Sections 33.3, 33.3.2Div I 7.2.83Truck Loading Zone$83.00$82.00Traffic Code Sections 63, 63(A), 63.1Div I 7.2.84Commercial Vehicle Parking Restrictions$110.00$107.00Traffic Code Section 60.5Div I 7.2.86Idling Engine While Parked$100.00$100.00Police Code Sections 1183-1183.40Div I 7.2.87Commercial Passenger Vehicle Street Restrictions$100.00$100.00Police Code Section 710.2Div. I 7.2.88For Sale Sign$57.00$55.00TRANSIT VIOLATIONSTraffic Code Section 127Div I 7.2.101Fare Evasion$103.00$106.00Traffic Code Section 128Div I 7.2.102Passenger Misconduct$103.00$106.00Traffic Code Section 128.5Div I 7.2.103Conversing with Operator$52.00$53.00Not ApplicableDiv I 7.2.104Fare Evasion - Clipper Card$103.00$106.00
* Editor's Note:
The California State Legislature extended the $3.00 Trial Court Trust Fund fee, pursuant to California Government Code Section 76000.3, effective January 1, 2013. An additional $3.00 will be added to all parking citation penalties listed in this column to recover this State fee.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 09-172, 9/15/2009; SFMTA Bd. Res. No. 10-029, 2/26/2010; SFMTA Bd. Res. No. 10-139, 11/2/2010; SFMTA Bd. Res. No. 11-018, 2/1/2011; SFMTA Bd. Res. No. 11-028, 3/1/2011; SFMTA Bd. Res. No. 11-060, Ad. 5/3/2011, Eff. 6/3/2011, Oper. 7/1/2011; SFMTA Bd. Res. No. 11-108, Ad. 8/2/2011, Eff. 9/2/2011; SFMTA Bd. Res. No. 11-109, Ad. 8/2/2011, Eff. 9/2/2011; SFMTA Bd. Res. No. 12-024, Ad. 2/21/2012, Eff. 3/23/2012; SFMTA Bd. Res. No. 12-037, Ad. 3/20/2012, Eff. 4/20/2012; SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012; SFMTA Bd. Res. No. 13-005, Ad. 1/15/2013, Eff. 2/15/2013)
SEC. 303. CALIFORNIA VEHICLE CODE PENALTY SCHEDULE.
New Resolution Notice
Publisher's Note: This section has been conditionally AMENDED by a new resolution (SFMTA Bd. Res. No. 13-179, adopted 7/16/2013, effective 8/15/2013, conditionally operative (see Sec. 2 of the Resolution)). The text of the amendment will be incorporated below when and if the new resolution becomes operative.
Violation of any of the following subsections of the Vehicle Code (VC) shall be punishable by the fines set forth below. The fine amounts listed in this Section 303 shall apply to any citation issued using a former Traffic Code section number that is listed next to the corresponding Vehicle Code section below.
CODEDESCRIPTIONFINE AMOUNT
Effective July 1, 2012FINE AMOUNT
Effective July 1, 2013**VC4461CDisplaying Placard Not Issued to Person$966.00*$877.00*VC4462BImproper Registered Plates$114.00$114.00VC4463CFraudulent Display of Placard$966.00*$877.00*VC4464Altered Plates$114.00$114.00VC5200Display Lic Plates$114.00$114.00VC5201Plates/Mounting$114.00$114.00VC5201FPlate Cover$114.00$114.00VC5202No Plates$114.00$114.00VC5204ATabs$114.00$114.00VC21113ASchool/Pub Ground$67.00$66.00VC21211 (38N)Bicycle Path/Lanes$113.00$113.00VC22500AParking in Intersection$98.00$97.00VC22500BParking in Crosswalk$98.00$97.00VC22500CSafety Zone$98.00$97.00VC22500D15 ft. Fire Station$98.00$97.00VC22500EDriveway$98.00$97.00VC22500FOn Sidewalk$110.00$107.00VC22500GExcavation$57.00$55.00VC22500HDouble Parking$110.00$107.00VC22500IBus Zone$267.00$271.00VC22500JTube or Tunnel$57.00$55.00VC22500KBridge$57.00$55.00VC22500LWheelchair Access$267.00$271.00VC22500.1 (32.4.A)Parking in Fire Lane$72.00$71.00VC22502AOver 18 inches From Curb$57.00$55.00VC22502BWrong Way Parking$57.00$55.00VC22502EOne-Way Road/Parking$57.00$55.00VC22505BSigns$57.00$55.00VC22507.8AParking in Blue Zone Without Placard/Plate $966.00*$877.00*VC22507.8BBlocking Access to Blue Zone $966.00*$877.00*VC22507.8CParking in the Crosshatch Area Adjacent to a Blue Zone $966.00*$877.00*VC22511.57ALost, Stolen or Expired Placard/Plate$966.00*$877.00*VC22511.57BMisuse of Placard/Plate$966.00*$877.00*VC22511.57CCounterfeit, Forged or Altered Placard/Plate$966.00*$877.00*VC22514Fire Hydrant$98.00$97.00VC22515AUnattended Motor Vehicle$83.00$82.00VC22515BUnsecured Motor Vehicle$83.00$82.00VC22516Locked Vehicle$67.00$66.00VC22521Railroad Tracks$88.00$87.00VC22522W/3 ft Wheelchair Ramp$293.00*$298.00*VC22523AAbandoned Vehicle/Highway$226.00$229.00VC22523BAbandoned Vehicle/Public or Private Prop$226.00$229.00VC22526ABlocking Intersection$98.00$97.00VC22526BBlocking Intersection While Turning$113.00$113.00VC23333Park/Veh Crossing$83.00$82.00
* This fine includes a 10% additional penalty assessment as mandated by California Vehicle Code 40203.6.
** Editor's Note:
The California State Legislature extended the $3.00 Trial Court Trust Fund fee, pursuant to California Government Code Section 76000.3, effective January 1, 2013. An additional $3.00 will be added to all parking citation penalties listed in this column to recover this State fee.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 09-172, 9/15/2009; SFMTA Bd. Res. No. 10-007, 1/5/2010; SFMTA Bd. Res. No. 10-029, 2/26/2010; SFMTA Bd. Res. No. 11-060, Ad. 5/3/2011, Eff. 6/3/2011, Oper. 7/1/2011; SFMTA Bd. Res. No. 11-074, Ad. 6/7/2011, Eff. 7/8/2011; SFMTA Bd. Res. No. 12-024, Ad. 2/21/2012, Eff. 3/23/2012; SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012; SFMTA Bd. Res. No. 13-060, Ad. 5/21/2013, Eff. 6/20/2013)
SEC. 304. COLOR CURB PAINTING FEES.
(a) Fees. When a request for color curb markings is received by the SFMTA, the City Traffic Engineer is authorized to administer and collect a processing fee, a painting fee, and a renewal fee from the requestor. The fees shall be as follows:
Table 304: WHITE AND GREEN ZONE FEE SCHEDULE
Zone LengthProcessingPaintNew Request TotalBiennial RenewalFY 2013
Effective 7-1-2012FY 2014
Effective 7-1-2013FY 2013
Effective 7-1-2012FY 2014
Effective 7-1-2013FY 2013
Effective 7-1-2012FY 2014
Effective 7-1-2013FY 2013
Effective 7-1-2012FY 2014
Effective 7-1-20131 to 22 feet$715$765$336$359$1,051$1,124$336$35923 to 44 feet$1,427$1,527$673$720$2,100$2,247$673$72045 to 66 feet$2,141$2,291$1,007$1,078$3,148$3,369$1,007$1,078More than 66 feet$2,856$3,056$1,343$1,437$4,199$4,493$1,343$1,437Green Zone Meter$715$765Red Zone$168$180Initial painting and renewal: $157 per 6 linear feet or fraction thereof effective July 1, 2012, and $168 effective July 1, 2013
(b) Exemptions from White Zone Fees. The following entities shall be exempt from paying white zone fees so long as such entities are primarily conducting nonprofit activities at the location of the white zone:
(1) Government buildings open to the public;
(2) Buildings occupied by private nonprofit organizations whose exclusive function is serving senior citizens and persons with disabilities; and
(3) Private nonprofit educational institutions whose exclusive function is providing education to students in any grade from kindergarten through eighth grade.
(c) Nothing in this Section is intended to limit the SFMTA's ability to install color curb markings on its own initiative.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 09-172, 9/15/2009; SFMTA Bd. Res. No. 10-053, 4/20/2010; SFMTA Bd. Res. No. 11-060, Ad. 5/3/2011, Eff. 6/3/2011, Oper. 7/1/2011; SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012)
SEC. 305. TOWING AND STORAGE ADMINISTRATIVE FEES.
The SFMTA shall charge the owner of a towed vehicle a fee in the amount of $243.00 effective July 1, 2012, and $254.00 effective July 1, 2013, to reimburse the City for administrative costs related to the removal, impound, or release of vehicles towed from the public right-of-way. In addition, the SFMTA shall charge the vehicle owner a fee to reimburse the City for administrative costs related to the storage of such towed vehicles in the amount of $2.60 effective July 1, 2012, and $2.70 effective July 1, 2013, for the first day of storage (24 hours or less), and $2.95 effective July 1, 2012, and $3.05 effective July 1, 2013, for each day, or part thereof, that the vehicle remains in storage after the first 24 hours. The administrative fees imposed pursuant to this Section shall be in addition to the fee charged by a tow car operator to the owner of a towed vehicle for the costs of towing and storing the vehicle. The administrative fees imposed pursuant to this Section shall not be taken into account in determining the maximum fee that may lawfully be charged by the tow car operator to the owner of a removed vehicle, nor shall the administrative fees imposed pursuant to this Section be taken into account in determining whether a fee charged by the tow car operator to the owner of a removed vehicle is excessive as a matter of law.
(SFMTA Bd. Res. No. 08-151, 8/19/2008; SFMTA Bd. Res. No. 11-060, Ad. 5/3/2011, Eff. 6/3/2011, Oper. 7/1/2011; SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012)
SEC. 306. OBSTRUCTING TRAFFIC ñ WITHOUT PERMIT; VIOLATION OF TERMS OF PERMIT; VIOLATION OF DIVISION II, SECTION 903 ñ ADMINISTRATIVE PENALTIES.
(a) Any person who violates Division I, Section 7.2.71 may be subject to the issuance of a citation and imposition of an administrative penalty. The designated officer or employee may issue an admonishment or direct corrective action in lieu of the issuance of a citation.
(b) Administrative penalties shall not exceed $500 for each offense.
(c) The Director of Transportation is authorized to designate officers or employees of the Municipal Transportation Agency to enforce Division I, Section 7.2.71. Any officer or employee so designated is hereby authorized to issue citations imposing administrative penalties for violations of Division I, Section 7.2.71.
(SFMTA Bd. Res. No. 09-172, 9/15/2009)
SEC. 307. PROCEDURE FOR ASSESSMENT AND COLLECTION OF ADMINISTRATIVE PENALTIES FOR SECTION 306 VIOLATIONS.
(a) This Section shall govern the imposition, assessment and collection of administrative penalties imposed pursuant to Section 306.
(b) The SFMTA Board of Directors finds:
(1) That it is in the best interest of the City, its residents, visitors and those who work in and on City streets and sidewalks to provide an alternative, administrative penalty mechanism for enforcement of the obstructing traffic violations covered by this section in addition to the existing enforcement mechanisms authorized under the California Penal Code; and
(2) That the administrative penalty scheme established by this section is intended to compensate the public for the injury and damage caused by the prohibited conduct and gain compliance with the SFMTA's "Regulations for Working in San Francisco Streets" (also known as "the Bluebook"). The administrative penalties authorized under this section are intended to be reasonable and not disproportionate to the damage or injury to the City and the public caused by the prohibited conduct.
(c) Administrative Citation. Where an officer or employee designated in Section 306 determines that there has been a violation of Division I, Section 7.2.71, the officer or employee may issue an administrative citation to the person and/or entity responsible for the violation. For purposes of this Section, an entity is responsible if an officer, employee or agent of the entity commits the violation. The citation shall inform the person or entity responsible of the date, time, place and nature of the violation and the amount of the proposed penalty, and shall state that the penalty is due and payable to the SFMTA within 15 business days from the date of the notice, if not contested within the time period specified. The citation shall also state that the person or entity responsible has the right, pursuant to Subsection (d), to request administrative review of the citing officer or employee's determination as to the violation and assessment of penalties, and shall set forth the procedure for requesting administrative review. The designated officer or employee shall serve the administrative citation as follows:
(1) Where there is a nexus between the violator and a specific property:
(A) One copy of the Notice shall be posted in a conspicuous place upon the property.
(B) One copy of the Notice shall be served upon each of the following:
(i) The person, if any, in real or apparent charge and control of the premises or property involved;
(ii) The owner of record, if applicable.
Service required by subparagraph (B) shall be made by first class mail and a certificate of mailing shall be prepared.
(2) Where the issuing officer or employee is unable to ascertain a nexus between the violation and property within the City, a completed copy of the administrative citation may be served on the individual who has committed the violation by personal service, or by first class mail and a certificate of mailing prepared.
(3) For purposes of this Section, there is a nexus where activity on the property has caused, contributed to, or been a substantial factor in causing, the violation.
(d) Request for Hearing; Hearing.
(1) A person or entity that has been issued an administrative citation may request administrative review in order to contest the citation issued in accordance with this Section. Administrative review shall be initiated by filing a request for administrative review with the SFMTA Hearing Division within 15 business days from the date of the citation. Failure to request a hearing in a timely manner or to attend a scheduled hearing shall satisfy the hearing requirement.
(2) Whenever administrative review is requested pursuant to this Section, the SFMTA Hearing Section shall, within fifteen business days of receipt of the request, notify the requestor of the date, time, and place of the administrative hearing by certified mail. Such hearing shall be held no later than thirty (30) calendar days after the SFMTA Hearing Section receives the request, unless time is extended by mutual agreement of the affected parties.
(3) The administrative hearing shall be conducted by a neutral hearing of office assigned by the SFMTA Hearing Section. The SFMTA Hearing Section may issue rules as needed to implement this requirement. The parties may present evidence and testimony to the Hearing Officer. All testimony shall be under oath. The shall ensure that a record of the proceedings is maintained. The burden of proof to uphold the violation shall be on the City, but the administrative citation shall be prima facie evidence of the violation.
(4) The Hearing Officer shall issue a decision including a summary of the issues and the evidence presented, and findings and conclusions, within fifteen (15) calendar days of the conclusion of the hearing. The Hearing Officer may uphold the penalty imposed by the citation or dismiss the citation. A copy of the decision may be personally delivered to the person or entity contesting the violation or sent by first class mail. The decision shall be a final administrative determination. An aggrieved party may seek judicial review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
(e) Payment and Collection of Penalty.
(1) Where a person or entity has not made a timely request for administrative hearing, the penalty shall be due and payable to the SFMTA on or before 15 business days from the date of issuance.
(2) Where a person or entity has made a timely request for administrative hearing, and the penalty has been upheld upon review, any administrative penalty imposed by the Hearing Officer shall be due and payable not later than 10 business days from the date of the notice of decision issued under subparagraph (d)(4).
(3) If a penalty due and payable under paragraphs (1) or (2) remains unpaid after the specified due date, the SFMTA shall send the violator written notice that the penalty is overdue. Penalties that remain unpaid 30 days after the due date shall be subject to a late payment penalty of fifty ($50) dollars. Persons and entities against whom administrative penalties are imposed shall also be liable for the costs and attorney's fees incurred by the SFMTA in bringing any civil action to enforce the provisions of this section, including obtaining a judgment for the amount of the administrative penalty and other costs and charges.
(4) Where there is a nexus between the violation and property in the City owned by the violator, the SFMTA shall further inform the violator that if the amount due is not paid within 30 days from the date of the notice, the SFMTA shall initiate proceedings to make the amount due and all additional authorized costs and charges, including attorneys fees, a lien on the property. Such liens shall be imposed in accordance with Chapter 10, Article XX of the Administrative Code.
(f) Administrative penalties shall be deposited in the Municipal Transportation Fund and may be expended only by the SFMTA.
(SFMTA Bd. Res. No. 09-172, 9/15/2009)
SEC. 308. IN-PERSON CUSTOMER SERVICE CENTER TRANSACTION FEE.
A fee to reimburse the SFMTA for costs incurred for administrative processing of in-person transactions at any SFMTA customer service center designated by the Director of Transportation for those transactions that may be completed through alternatives means. The administrative fee shall be in addition to any costs, fees or fines association with the subject transaction. The amount for this fee shall be $3.00.
(Added by SFMTA Bd. Res. No. 10-029, 2/26/2010; SFMTA Bd. Res. No. 11-018, 2/1/2011)
SEC. 309. ON-LINE COMPUTER TRANSACTION FEE.
A fee to reimburse the SFMTA for costs associated with processing on-line computer transactions made through the SFMTA's website. The administrative fee shall be in addition to any costs, fees or fines associated with the subject transaction. The amount for this fee shall be $2.50.
(Added by SFMTA Bd. Res. No. 10-029, 2/26/2010)
SEC. 310. SCHEDULE OF FINES.
Violation of any of the following subsections of the San Francisco Transportation Code governing the operation of a motor vehicle for hire shall be punishable by the administrative fines set forth below.
TRANSPORTATION CODE SECTIONDESCRIPTIONFINE AMOUNT
Effective July 1, 2012
1st/2nd/3rd offenseFINE AMOUNT
Effective July 1, 2013
1st/2nd/3rd offenseCONDITIONS APPLICABLE TO ALL PERMITSDiv II ß 1105(a)(14)Current address$26.00$27.00Div II ß 1105(a)(9)Continuous operation$52.00 per day$53.00 per dayDiv II ß 1114(a)Records$78.00$80.00Div II ß 1105(a)(17)Response time goals$155.00$159.00Div II ß 1105(a)(7)Compliance with lawful orders$206.00$211.00Div II ß 1105(a)(6)Compliance with laws and regulations$463.00$475.00Div II ß 1105(a)(13)Shift Change; Unattended Vehicle$463.00$475.00Div II ß 1105(a)(13)Improper shift change$463.00$475.00Div II ß 1105(a)(19)Retaliation against permit holder$463.00$475.00Div II ß 1105(a)(8)Cooperation w/ regulatory entities; False statements$514.00$528.00Div II ß 1105(a)(12)Compliance with Paratransit Program$514.00$528.00Div II ß 1105(a)(10)Accepting/soliciting gifts from Drivers$617.00$633.00Div II ß 1105(a)(1)Operating without a permit$5,000.00$5,000.00CONDITIONS APPLICABLE TO COLOR SCHEME PERMITSDiv II ß 1106(s)Dissolution plan$52.00 per day$53.00 per dayDiv II ß 1114(e)(8)Emissions reduction plan$52.00 per day$53.00 per dayDiv II ß 1106(n)Required postings$78.00$80.00Div II ß 1106(o)Required notifications$78.00$80.00Div II ß 1113(d)(3)Required PIM$78.00$80.00Div II ß 1114(e)(3)Receipts$78.00$80.00Div II ß 1114(e)(5)Vehicle inventory changes$78.00$80.00Div II ß 1114(e)(7)Weekly reporting requirements$78.00$80.00Div II ß 1106(e)Transfer of business; New location$257.00 per day$264.00 per dayDiv II ß 1106(k)(1)Facility to clean vehicles$257.00$264.00Div II ß 1106(i)Workers' Compensation$309.00 per day$317.00 per dayDiv II ß 1106(p)Obligations related to Drivers$411.00$422.00Div II ß 1106(r)Found property$411.00$422.00Div II ß 1114(e)(1)Waybills$411.00$422.00Div II ß 1114(e)(2)Medallion Holder files$411.00$422.00Div II ß 1114(e)(6)Current business information$411.00$422.00Div II ß 1122(b)(5)1Retaliation re credit card processing$411.00$422.00Div II ß 1122(c)1Overcharging gate fees$514.00$528.00Div II ß 1106(c)Use of Dispatch Service$463.00$475.00Div II ß 1106(d)Business premises$463.00$475.00Div II ß 1106(h)Staffing requirements$463.00$475.00Div II ß 1106(1)(2-7)Use of spare vehicles$463.00$475.00Div II ß 1106(f)Telephone directory$514.00$528.00Div II ß 1106(j)Paratransit Broker contract$514.00$528.00Div II ß 1114(e)(8)Required information$514.00$528.00Div II ß 1114(e)(9)Required information$514.00$528.00Div II ß 1106(k)(2)(4)Unsafe/nonworking equipment$1,027.00$1,055.00Div II ß 1106(q)(4)Driver operating under the influence$1,027.00$1,055.00Div II ß 1106(a)Color Scheme Permit required$5,000.00$5,000.00Div II ß 1106(1)(8)Leasing spare vehicles$5,000.00$5,000.00CONDITIONS APPLICABLE TO DISPATCH PERMITSDiv II ß 1107(a)Emergency plan$52.00 per day$53.00 per dayDiv II ß 1107(e)Adequate communications equipment$52.00 per day$53.00 per dayDiv II ß 1114(f)(1)Dispatch Service report$52.00 per day$53.00 per dayDiv II ß 1107(d)Service call records$78.00$80.00Div II ß 1107(f)Serving dispatch customers$78.00$80.00Div II ß 1114(f)(2)Found property recordkeeping$78.00$80.00Div II ß 1107(m)Workers' Compensation$309.00 per day$317.00 per dayDiv II ß 1107(c)Ramp Taxi response$411.00$422.00Div II ß 1107(k)Improper dispatching$514.00$528.00CONDITIONS APPLICABLE TO DRIVER PERMITSDiv II ß 1108(c)Color Scheme affiliation$6.00 per day$6.00 per dayDiv II ß 1108(a)Driver identification$26.00$27.00Div II ß 1108(d)(2)Duties at beginning of shift$26.00$27.00Div II ß 1108(d)(3)Designated items in vehicle$26.00$27.00Div II ß 1108(e)(2)Transporting passenger property$26.00$27.00Div II ß 1108(e)(5)Loading and unloading assistance$26.00$27.00Div II ß 1108(e)(8)Additional passengers$26.00$27.00Div II ß 1108(e)(10)-(12)Mobile telephones; Other audible devices$26.00$27.00Div II ß 1108(e)(18)-(20), (22)Driver duties re fares$26.00$27.00Div II ß 1108(e)(26)Loose items$26.00$27.00Div II ß 1108(e)(27)Trunk and/or baggage area$26.00$27.00Div II ß 1108(e)(31)Clean in dress and person$26.00$27.00Div II ß 1108(e)(32)Taximeter violation$26.00$27.00Div II ß 1108(e)(33)Smoking, drinking or eating$26.00$27.00Div II ß 1108(f)(1)Duties at end of shift$26.00$27.00Div II ß 1114(b)(2)Badge$26.00$27.00Div II ß 1114(b)(3)Medical certificate$26.00$27.00Div II ß 1114(b)(4)Waybills$26.00$27.00Div II ß 1108(e)(4)Service animals or contained animals$52.00$53.00Div II ß 1108(d)(1)Safety check$78.00$80.00Div II ß 1108(e)(1)Refusal to convey$78.00$80.00Div II ß 1108(e)(7)Servicing dispatch calls$78.00$80.00Div II ß 1108(e)(9)Splitting fares$78.00$80.00Div II ß 1108(e)(16)Requesting gratuities$78.00$80.00Div II ß 1108(e)(24)Found property$78.00$80.00Div II ß 1122(b)(5)1Passenger payment choice$78.00$80.00Div II ß 1108(e)(3)Transporting person with a disability in front seat$155.00$159.00Div II ß 1108(e)(6)Assisting and securing person with a disability$155.00$159.00Div II ß 1108(e)(14)Reckless or dangerous driving$155.00$159.00Div II ß 1108(e)(15)Ramp Taxi rules$155.00$159.00Div II ß 1108(e)(35), (36) & (37)Paratransit Debit Card$155.00$159.00Div II ß 1122(d)1Luggage charges$155.00$159.00Div II ß 1108(e)(25)Unsafe taxi$206.00$211.00Div II ß 1108(e)(30)Excessive force$206.00$211.00Div II ß 1108(b)(3)Criminal convictions$514.00$528.00Div II ß 1108(b)(4)(B)Controlled substances$514.00$528.00Div II ß 1108(e)(3)Tampering with equipment$514.00$528.00CONDITIONS APPLICABLE TO TAXI AND RAMP TAXI EQUIPMENTDiv II ß 1113(b)(g)Equipment and display requirements$26.00$27.00Div II ß 1113(m)Vehicle windows$26.00$27.00Div II ß 1113(o)Sanitary condition$26.00$27.00Div II ß 1113(a)Safe operating condition$78.00$80.00Div II ß 1113(k)Standard vehicle equipment$78.00$80.00Div II ß 1113(k)(13)Vehicle tires and wheels$78.00$80.00Div II ß 1113(m)Security cameras$78.00$80.00Div II ß 1113(n)Condition of vehicle$78.00$80.00Div II ß 1113(u)Working Taxi ramp$78.00$80.00Div II ß 1113(p)Vehicle title requirements$257.00$264.00Div II ß 1113(q)Excessive vehicle mileage or age$257.00$264.00Div II ß 1113(s)Vehicle inspections$257.00$264.00Div II ß 1113(s)(7)Fraud related to inspection$257.00$264.00Div II ß 1113(t)Replacement vehicle$257.00$264.00Div II ß 1113(v)Retired vehicles$257.00$264.00Div II ß 1113(f)Taximeters$309.00$317.00CONDITIONS APPLICABLE TO TAXI AND RAMP TAXI MEDALLIONSDiv II ß 1109(b)Use of Dispatch Service$78.00$80.00Div II ß 1110(a)(1)Wheelchair priority$155.00$159.00Div II ß 1110(a)(3)Eight wheelchair pickups monthly$155.00$159.00Div II ß 1110(b)Ramp Taxi Medallion in spare taxi$155.00$159.00Div II ß 1110(d)Ramp Taxi qualifications$155.00$159.00Div II ß 1109(c)Full-time driving requirement$24,000.00 multiplied by percentage of hours short of the full time driving requirement$24,000.00 multiplied by percentage of hours short of the full time driving requirement
(Added by SFMTA Bd. Res. No. 10-056, 4/20/2010; amended by SFMTA Bd. Res. No. 10-149, 11/16/2010; SFMTA Bd. Res. No. 11-029, 3/1/2011; SFMTA Bd. Res. No. 11-155, Ad. 12/6/2011, Eff. 1/6/2012; SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012; SFMTA Bd. Res. No. 12-112, Ad. 8/21/2012, Eff. 9/21/2012)
CODIFICATION NOTE
1. Former Sec. 1122 was amended and redesignated as current Sec. 1124 by Res. No. 12-111, Eff. 9/21/2012.
SEC. 311. REQUEST FOR COMMUNITY SERVICE PROCESSING FEE.
A fee to reimburse the SFMTA for costs associated with processing requests for community service in-lieu of payment for parking or transit violation citations. The amount for this fee shall be $20.00 effective July 1, 2012 and $25.00 effective July 1, 2013.
(Added by SFMTA Bd. Res. No. 10-053, 4/20/2010; amended by SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012)
SEC. 312. PARKING METER USE FEE.
A fee charged for rendering Parking meters inaccessible to parking due to activities that are non-construction related and do not require either a Temporary Exclusive Use Parking Meter Permit issued pursuant to Section 904 of this Code, or a Temporary Use or Occupancy of Public Streets permit issued pursuant to Article 6 of this Code. The fee shall be $6.00 per day per metered Parking space. The fee shall be shall be1 $7.00 per day per metered Parking space effective July 1, 2013.
(Added by SFMTA Bd. Res. No. 10-053, 4/20/2010; amended by SFMTA Bd. Res. No. 11-041, Ad. 4/5/2011, Eff. 5/6/2011; SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012)
CODIFICATION NOTE
1. So in SFMTA Bd. Res. No. 12-056.
SEC. 313. PARKLET INSTALLATION FEE.
A fee to reimburse the SFMTA for costs associated with the removal of a parking space and installation of a parklet including staff time for planning, design, and engineering analysis, and the physical removal and relocation of any parking meter. The amount for this fee shall be $1,269.00 effective July 1, 2012, and $1,297.00 effective July 1, 2013. If the installation of a parklet exceeds two parking spaces, the fee shall be an additional $600 per additional parking space.
(Added by SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012)
Editor's Note:
Former Sec. 313 ("Translink/Clipper Limited Use Card Fee") was repealed by SFMTA Bd. Res. No. 10-134, adopted October 19, 2010.
SEC. 314. RESIDENTIAL PARKING PERMIT APPLICATIONS ñ FALSE, MISLEADING OR FRAUDULENT INFORMATION; VIOLATION OF DIVISION I, SECTION 7.2.50 ñ ADMINISTRATIVE PENALTIES.
(a) Any person who violates subsection (b) of Division I, Section 7.2.50 may be subject to the issuance of a citation and imposition of an administrative penalty.
(b) Administrative penalties may not exceed $500 for each offense.
(c) The Director of Transportation is authorized to designate officers or employees of the Municipal Transportation Agency to enforce subdivision (b) of Division I, Section 7.2.50. Any officer or employee so designated is hereby authorized to issue citations imposing administrative penalties for violations of subdivision (b) of Division I, Section 7.2.50.
(Added by SFMTA Bd. Res. No. 12-010, Ad. 1/17/2012, Eff. 2/17/2012)
SEC. 315. PROCEDURE FOR ASSESSMENT AND COLLECTION OF ADMINISTRATIVE PENALTIES.
(a) This Section shall govern the imposition, assessment and collection of administrative penalties imposed pursuant to Section 314.
(b) The SFMTA Board of Directors finds:
(1) That it is in the best interest of the City, its residents, visitors and those who park on City streets to provide an alternative, administrative penalty mechanism for enforcement of Residential Parking Permit applications that contain false, misleading, or fraudulent information in addition to the existing enforcement mechanisms authorized under the San Francisco Transportation Code; and
(2) That the administrative penalty scheme established by this section is intended to compensate the public for the injury or damage caused by any person who submits a Residential Parking Permit application containing a fraudulent statement in order to obtain preferential parking in a Residential Parking Permit Area. The administrative penalties authorized under this section are intended to be reasonable and not disproportionate to the damage or injury to the City and the public caused by the prohibited conduct.
(c) Administrative Citation. Where an officer or employee designated in Section 314 determines that there has been a violation of subdivision (b) of Division I, Section 7.2.50, the officer or employee may issue an administrative citation to the person and/or entity responsible for the violation. The citation may be personally served on the applicant or by certified U.S. mail to the address indicated on the permit application. The citation shall inform the person or entity responsible of the date and nature of the violation and the amount of the administrative penalty, and shall state that the penalty is due and payable to the SFMTA within 15 business days from the date of the notice, if not contested within the time period specified. The citation shall also state that the person or entity responsible has the right, pursuant to Subsection (d), to request an administrative hearing of the citing officer or employee's determination as to the violation and assessment of penalties, and shall set forth the procedure for requesting an administrative hearing. The designated officer or employee shall mail the administrative citation and evidence supporting the determination of a violation of subdivision (b) of Division I, Section 7.2.50 to the residential address listed on the Residential Parking Permit application submitted to the SFMTA pursuant to Section 905.
(d) Request for Hearing; Hearing.
(1) A person or entity that has been issued an administrative citation may request an administrative hearing in person, by telephone, or by email in order to contest the citation issued in accordance with this Section. The administrative hearing shall be initiated by filing a request for an administrative hearing with the SFMTA Hearing Division within 15 business days from the date of the citation. Failure to request a hearing in a timely manner or to attend a scheduled hearing shall satisfy the hearing requirement.
(2) Whenever an administrative hearing is requested pursuant to this Section, the SFMTA Hearing Section shall, within fifteen business days of receipt of the request, notify the requestor of the date, time, and place of the administrative hearing by certified mail. Such hearing shall be held no later than thirty (30) calendar days after the SFMTA Hearing Section receives the request, unless time is extended by mutual agreement of the affected parties.
(3) The administrative hearing shall be conducted by a neutral Hearing Officer assigned by the SFMTA Hearing Section. The SFMTA Hearing Section may issue rules as needed to implement this requirement. The parties may present evidence and testimony to the Hearing Officer. All testimony shall be under oath. The Hearing Officer shall ensure that a record of the proceedings is maintained. The burden of proof to uphold the violation shall be on the City, but the administrative citation shall be prima facie evidence of the violation.
(4) The Hearing Officer shall issue a decision including a summary of the issues and the evidence presented, and findings and conclusions, within fifteen (15) business days of the conclusion of the hearing. The Hearing Officer may uphold the penalty imposed by the citation or dismiss the citation. A copy of the decision may be personally delivered to the person contesting the violation or sent by first class mail. The decision shall be a final administrative determination. An aggrieved party may seek judicial review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
(e) Payment and Collection of Penalty.
(1) Where a person has not made a timely request for administrative hearing, the penalty shall be due and payable to the SFMTA on or before 15 business days from the date of issuance.
(2) Where a person or entity has made a timely request for administrative hearing, and the violation and penalty have been upheld upon review, the administrative penalty shall be due and payable not later than 10 business days from the date of the notice of decision issued under subparagraph (d)(4).
(3) If a penalty due and payable under paragraphs (1) or (2) remains unpaid after the specified due date, the SFMTA shall send the violator written notice that the penalty is overdue. Penalties that remain unpaid 30 calendar days after the due date shall be subject to a late payment penalty of fifty ($50) dollars. Persons and entities against whom administrative penalties are imposed shall also be liable for the costs and attorney's fees incurred by the SFMTA in bringing any civil action to enforce the provisions of this section, including obtaining a judgment for the amount of the administrative penalty and other costs and charges.
(4) Where there is a nexus between the violation and property in the City owned by the violator, the SFMTA shall further inform the violator that if the amount due is not paid within 30 calendar days from the date of the notice, the SFMTA shall initiate proceedings to make the amount due and all additional authorized costs and charges, including attorneys fees, a lien on the property. Such liens shall be imposed in accordance with Chapter 10, Article XX of the Administrative Code.
(f) Administrative penalties shall be deposited in the Municipal Transportation Fund and may be expended only by the SFMTA.
(Added by SFMTA Bd. Res. No. 12-010, Ad. 1/17/2012, Eff. 2/17/2012)
SEC. 316. TEMPORARY NO-PARKING SIGN POSTING FEE.
A fee to reimburse the SFMTA for costs incurred for posting temporary no-parking signs for Special Events, Film Production, and Residential or Commercial Moves based on the number of signs posted. The fee shall be as follows:
Table 316: TEMPORARY NO-PARKING SIGN POSTING FEE SCHEDULE
Number of Signs PostedFY 2013FY 20141 to 4$163$1675 to 9$217$22310 to 15$271$27816 to 21$325$33422 to 28$379$38929 to 35$433$44536 to 43$488$50144 to 51$542$55752 or more$10.00 for each additional sign$10.25 for each additional sign
(Added by SFMTA Bd. Res. No. 12-127, Ad. 10/16/2012, Eff. 11/16/2012)
ARTICLE 400:
PARKING METER REGULATIONS
Sec. 401.Parking Meter Rates, Operation Times, and Time Limits. Sec. 402.Parking Meter Zone Number One.Sec. 403.Parking Meter Zone Number Two.Sec. 404.Parking Meter Zone Number Three.Sec. 405.Parking Meter Zone Number Four. Sec. 406.Parking Meter Rates ñ Parking Meter Zone Number One. Sec. 407.Parking Meter Rates ñ Parking Meter Zone Number Two. Sec. 408.Parking Meter Rates ñ Parking Meter Zone Number Three. Sec. 409.Parking Meter Rates ñ Parking Meter Zone Number Four. Sec. 410.Parking Meter Rates ñ Motorcycles. Sec. 411.Truck Loading Zones. Sec. 412.Parking Meter Zone Number Five.