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(a) Definitions. For purposes of this Section 4.10-2, the following terms have the following meanings:
Motor Vehicle has the meaning set forth in Division 1 of the California Vehicle Code, as amended from time to time.
Telematic Vehicle Tracking System means a system that combines the use of automatic vehicle location equipment in individual vehicles with software that monitors in real time the location, movements, and status of a vehicle or fleet of vehicles to provide a comprehensive picture of vehicle locations and usage.
(b) Equipping Motor Vehicles With Telematic Vehicle Tracking Systems.
(1) Except as provided in subsection 4.10-2(b)(2), by no later than January 1, 2017, the City Administrator and each department head or other City official with jurisdiction over motor vehicles shall cause those vehicles to be equipped with telematic vehicle tracking systems. The City Administrator, department head or other City official having jurisdiction shall prepare a notice that telematic vehicle tracking systems have been installed in the vehicles and shall disseminate that notice to affected employees at the same time the systems are installed.
(2) For vehicles used by the Police Department, the Sheriff’s Department, the Adult Probation Department, or the Juvenile Probation Department for law enforcement purposes, or used by the District Attorney’s Office or the City Attorney’s Office for investigations, the deadlines set forth in subsection(b)(1) for equipping vehicles and providing notice shall be June 30, 2020.
(c) Monitoring and Data.
(1) Monitoring and Analysis by Departments. The City Administrator and each department head or other City official shall monitor the use of the motor vehicles over which the City Administrator or other official has jurisdiction, using telematic vehicle tracking systems. Each such official shall use that information to monitor and analyze subjects such as vehicle cost efficiency, speeding, use optimization, collisions, and post-incident investigation, and to promote other potential benefits such as increased safety, efficiency, productivity, and improved route management planning. The City Administrator shall establish and implement policies to ensure that department heads and other City officials adequately report on all vehicle performance metrics listed in this subsection (c)(1) to optimize results.
(2) Monthly Reporting.
(A) Unless excused by the City Administrator as provided in subsection (c)(2)(C), by no later than the first day of each month beginning January 1, 2021, each department head or other City official required to monitor information under subsection (c)(1) shall submit to the City Administrator data obtained from telematic vehicle tracking systems during the preceding month regarding each of the following: (i) speeding by motor vehicles in excess of the legal speed limit; (ii) the amount of time that motor vehicles spent idling; (iii) motor vehicle emissions; (iv) motor vehicle maintenance needs; (v) overall utilization of motor vehicles by the department or agency; and (vi) the assignment of take-home vehicles and incidents of non-compliance with Section 4.11. By the same deadline, each department head or other City official shall also submit to the City Administrator a report regarding each collision involving a motor vehicle under their jurisdiction during the reporting period.
(B) The City Administrator shall provide to each such department head or official methods to submit the information required by subsection (c)(2)(A) in electronic format, which may include providing templates to allow the department head or official to report the required information.
(C) The City Administrator may excuse a department or office from the monthly reporting requirement in subsection (c)(2)(A) if the City Administrator otherwise receives information required by that subsection from the department or office more frequently than once a month.
(3) Annual Reporting.
(A) Each department head or other City official with jurisdiction over motor vehicles shall submit a report with aggregate telematic data for those vehicles, including but not limited to the information described in subsection (c)(2), to the City Administrator by April 1 each year. The report shall include data for the current fiscal year, and shall include data for the preceding five years or for the period since the telematic equipment was initially installed in the department’s vehicles, whichever is shorter.
(B) By May 1 of each year, the City Administrator shall submit to the Mayor and the Board of Supervisors a report on aggregate motor vehicle use to promote efficient and safe operation of the City’s motor vehicle fleet. The City Administrator’s report shall include, but need not be limited to, information for each City department with jurisdiction over motor vehicles regarding speeding in excess of the legal speed limit; the amount of time that motor vehicles spent idling; emissions; maintenance; collisions; overall utilization of motor vehicles; the assignment of take-home vehicles and incidents of non-compliance with Section 4.11; correction plans implemented under subsection (d); and the implementation of those plans. In the City Administrator’s discretion, the report may cover the period of either the preceding 12 months or the current fiscal year to date. The report shall also include comparative data for each department covering the previous five years or the period since the telematics equipment was initially installed in the Department’s vehicles, whichever is shorter. The City Administrator’s report may include recommendations for future amendments to this Chapter 4 to improve the safety and efficiency of the City’s use of vehicles.
(d) Correction Plans. Within 60 days of the effective date of the ordinance in Board File No. 201062 adopting this subsection (d), each department with jurisdiction over motor vehicles shall develop and submit to the City Administrator a correction plan to implement the principles of the City’s Vision Zero strategy to reduce speeding, idling, and collisions in motor vehicles used by the department. Based on information received by the City Administrator under subsection (c), the City Administrator may require a department to report on the implementation of the correction plan within 60 days of the City Administrator’s request, or earlier if so requested by the City Administrator. Within six months after the implementation of a correction plan to the City Administrator, the department shall submit a report to the City Administrator on the department’s efficacy in the implementation of that plan, including the number of employees who have received training under the plan.
(e) Regulations and Guidelines. The City Administrator may, after a noticed public hearing, adopt regulations and guidelines to implement and administer this Section 4.10-2. The City Administrator’s regulations and guidelines shall include directions to City departments to provide written notification to individual employees who have engaged in driving activities that are dangerous or unreasonable, as defined in the regulations or guidelines.
(f) Waiver of Requirements.
(1) Subject to the provisions of this subsection (f), the City Administrator may waive the requirements of this Section 4.10-2, in whole or in part, upon written application by the department head or other City official with jurisdiction over motor vehicles, where the City Administrator concludes that compliance with some or all of the requirements would not be feasible or would unduly interfere with the department’s ability to discharge its official functions.
(2) If the City Administrator approves an application for a waiver, the City Administrator shall provide written notice of the approval to the Clerk of the Board of Supervisors within five business days of the approval, and the Clerk of the Board shall forward such notice to all members of the Board of Supervisors. Within 10 business days of the Clerk of the Board providing such notice to members of the Board, any member of the Board may submit to the Clerk of the Board for introduction an ordinance to approve or reject the waiver. The City Administrator, department head, or other City official having jurisdiction shall not install the telematic vehicle tracking system that is the subject of the waiver while such ordinance is pending at the Board.
(3) The City Administrator’s approval of an application for a waiver shall be final when either: the 10 days have passed for a member of the Board to submit an ordinance pursuant to subsection (f)(2) without any member having done so; or, if a Board member has submitted an ordinance for introduction, the Board adopts an ordinance affirming the City Administrator’s approval of the application for a waiver and such ordinance becomes effective, or 60 days have passed without the City finally enacting an ordinance reversing or modifying the City Administrator’s approval.
(4) Rejection of an application for a waiver shall be final when either: the City Administrator rejects the application; or, if the City Administrator has approved the application and a Board member has submitted an ordinance for introduction, the Board adopts an ordinance reversing or modifying the City Administrator’s approval of the application for a waiver.
(g) Applicability of Section. Consistent with the Charter and other applicable State and Federal law, this Section 4.10-2 shall not apply to the Public Utilities Commission, Airport, Port, or Municipal Transportation Agency to the extent its requirements would conflict with those laws or would otherwise interfere with the discharge of those functions placed under the direct jurisdiction of the department.
(a) Vehicles owned, leased or rented by the City and County and assigned to, or under the jurisdiction of, any department of the City and County, shall be used only in the discharge and transaction of municipal business. No officer, employee or authorized volunteer of the City and County shall use any such vehicle without the consent of the head of such department. The head of the department which has jurisdiction over any such vehicle may not assign any such vehicle to any individual officer or employee unless a written request justifying the need for personal assignment is made by the individual officer or employee and approved by the Director of Administrative Services.
(b) No vehicle owned, leased or rented by the City and County and assigned to, or under the jurisdiction of, any department of the City and County shall be used for transportation to and from an employee's place of residence except as provided below:
(1) The employee resides in or both resides and works outside of the City and County and is on call for work after his or her normal workday is completed and the nature of the work has required the use of a City and County vehicle after hours on at least five occasions in the preceding 12-month period; or
(2) The employee resides in or both resides and works outside of the City and County and must leave his or her residence prior to 8:00 a.m. on City and County business away from his or her normal place of work; or
(3) The employee resides in or both resides and works outside of the City and County and would return to his or her normal place of work from an appointment on City and County business after 6:00 p.m. or on a weekend; or
(4) The employee is a member of the San Francisco Police Department or San Francisco Sheriff’s Department, or an employee of the San Francisco Water Department, San Francisco Department of Public Works, San Francisco Department of Emergency Services, San Francisco Department of Police Accountability or San Francisco District Attorney’s Office, and has the prior written permission of the department head to use a vehicle equipped with emergency equipment for such purpose, subject to such restrictions and regulations as the Chief of Police, Sheriff, Director of Emergency Services, Director of the Department of Police Accountability or District Attorney may provide for the respective departments. The departments shall keep detailed records of all vehicles used pursuant to this paragraph; said records shall be open to inspection by the Office of the Mayor and the Board of Supervisors; and provided further that the number of vehicles so exempted shall not exceed:
San Francisco Water Department | 42 |
San Francisco Police Department | 33 |
San Francisco Sheriff's Department | 5 |
San Francisco Department of Emergency Services | 2 |
San Francisco Department of Public Works | 17 |
San Francisco Department of Police Accountability | 4 |
San Francisco District Attorney's Office | 8 |
(5) The employee is a forensic pathologist employed by the Office of the Medical Examiner and has prior written permission of the Medical Examiner to use a City and County vehicle and is on call before or after normal work hours in order to respond to and investigate death scenes. The Medical Examiner shall keep detailed records of all vehicles used pursuant to this subsection; said records shall be open to inspection by the Director of Administrative Services and the Board of Supervisors; and provided further that the number of vehicles so exempted shall not exceed two vehicles; or
(6) The employee is a resident of the City and County of San Francisco and is driving the vehicle to and from the employee's place of residence solely for the purpose of garaging the vehicle at his or her place of residence during nonwork hours, with the approval by resolution of the Board of Supervisors, upon the recommendation of the Director of Administrative Services, where the head of the department which has jurisdiction over such vehicle finds that the public interest will be best served by permitting the employee to take the vehicle home, rather than require the City to garage the vehicle.
(c) Penalty. Any employee violating the provisions of this Section shall pay to the City and County an amount equal to three times the City and County's mileage reimbursement rate times the number of miles driven in violation thereof.
(d) Except as otherwise provided by ordinance, an authorized volunteer, while operating a motor vehicle owned by the City and County pursuant to authorization by the head of the department to which said vehicle is assigned or which has jurisdiction over said vehicle, shall be deemed to be an employee of the City and County solely for purposes of California Vehicle Code Section 17001 and Division 3.6 of Title 1 of the Government Code of the State of California, and for no other purpose; provided, however, that nothing herein contained shall be deemed to permit the authorization to operate a motor vehicle owned, leased or rented by the City and County contrary to the provisions of the Vehicle Code of the State of California.
(Amended by Ord. 562-79, App. 11/16/79; Ord. 358-93, App. 11/15/93; Ord. 278-96, App. 7/3/96; Ord. 410-97, App. 10/31/97; Ord. 35-04, File No. 031934, App. 3/19/2004; Ord. 232-17, File No. 170866, App. 12/8/2017, Eff. 12/8/2017)
(a) Power To Establish. There is hereby conferred upon the City Administrator the power to establish, maintain and operate an automobile pool, at a location or locations to be determined by the City Administrator, from which the City Administrator shall make motor vehicles available to authorized officers and employees of the City, as needed, for the proper performance of their official duties.
(b) Regulations. The City Administrator may adopt regulations governing the requisition and operation of vehicles assigned to the automobile pool, and any matters related to the maintenance and operation of the pool.
(c) Assignment of Vehicles to Pool. Vehicles now or hereafter allocated to any department of the City shall be transferred from the jurisdiction of that department to the jurisdiction of the City Administrator for assignment to and use in the automobile pool.
(Ord. No. 6820 (1939), Secs. 1 to 3; amended by Ord. 278-96, App. 7/3/96; Ord. 116-15
, File No. 140950, App. 7/15/2015, Eff. 8/14/2015)
The City and County insures its officers against liability, other than a liability which may be insured against under the provisions of Division 4 of the Labor Code of the State of California, for injuries or damages resulting from their negligence or carelessness in the operation, during the course of their service or employment and within the scope of their duties to the City and County in such service or employment, of any motor vehicle which is owned by the City and County or which is rented by the City and County from any person other than an officer of the City and County.
Such insurance, so far as it is not effected by contract with any insurer authorized to transact such insurance in the State of California, whether contracted for by the City and County directly or through a contractor, shall be deemed to be self-insurance of the City and County.
A motor vehicle, as used in this Section, is a vehicle which is self-propelled, within the meaning of such term as used in the Vehicle Code of the State of California.
Officer or officers, as used in this Section, shall include any deputy, assistant or employee of the City and County, acting within the scope of his or her office or employment in the operation of any such motor vehicle, except as otherwise provided.
Liability, as used in this Section, shall be liability of an officer for injury or damages resulting from such negligence or carelessness in such operation of such a motor vehicle within the meaning of the term liability, as used in Section 1956 of the Government Code of the State of California.
(Ord. No. 5060 (1939), Sec. 1; amended by Ord. 191-99, File No. 990878, App. 7/1/99)
(a) For purposes of this Section 4.14, “polluting garden and utility equipment” means gasoline-powered equipment under 25 horsepower, including two-stroke and four-stroke models, such as, but not limited to, lawnmowers, leaf blowers, trimmers, weed whackers and jackhammers. Except as otherwise provided in this Section, no City department shall use polluting garden and utility equipment on “Spare the Air Days” or other days in which the Bay Area Air Quality Management District notifies the public of unhealthy levels of air pollution and requests that the public refrain from engaging in polluting activities. The prohibition on the use of polluting garden and utility equipment shall not apply to an employee whose supervisor, in accordance with written departmental procedures, has exempted the employee from the prohibition on a specified day. The department head of each department that uses polluting garden and utility equipment shall establish procedures for informing employees about the prohibition on use and authorizing exemption requests.
(b) Chapter 12E of the Administrative Code establishes a ban on the City’s use of gas-powered landscaping equipment. In the event of any conflict between this Section 4.14 and Chapter 12E, Chapter 12E shall govern.
(Added by Ord. 5-98, App. 1/16/98; amended by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)
The Administrator of Laguna Honda Hospital is hereby authorized to conduct a store or stores within the confines of said institution for the sale of candies, soft drinks and other foodstuffs, tobacco, and sundries, subject to the following conditions:
(a) The Administrator of Laguna Honda Hospital shall supervise the management and operation of the store. He or she shall be the custodian or shall appoint from the hospital staff a custodian of all funds, merchandise, property, and equipment of said store.
(b) The Administrator shall be authorized to collect and deposit all proceeds from the store sales in a bank or banks as he or she may select.
(c) The Administrator and his or her representative may draw checks on the bank accounts for the purchase of materials, supplies, equipment, contractual services, and other obligations properly charged to the store operation.
(d) The Administrator shall be authorized to assign personnel from other services within the hospital to operate the store, as required.
(e) The Administrator is also authorized to install vending machines with the approval of the Director of Public Health and the City Purchaser in various locations throughout the hospital for the convenience of the patients, visitors, and employees.
(f) Proceeds from the sales of said vending machines shall be deposited in the store fund.
(g) The net proceeds arising from the operation of the store and vending machines shall be used upon the recommendation of the Administrator of Laguna Honda Hospital and the approval of the Director of Public Health for such things as may be for the general welfare of the patients of Laguna Honda Hospital, directly or indirectly, which are not provided for them by other appropriations.
(h) The Controller periodically may perform audits of the store's receipts, and the cost of such audits may be charged to the store's receipts.
(Added by Ord. 81-67, App. 3/27/67; amended by Ord. 166-13, File No. 130541, App. 8/2/2013, Eff. 9/1/2013)
No person, firm or corporation shall loan equipment or other personal property to the City and County or any officer or employee thereof for the use of the City and County on a trial basis, and no department, officer or employee of the City and County is authorized to use, accept, possess or receive for or on behalf of the City and County, any article of equipment or other personal property for use on a trial basis without the prior approval of the Purchaser and, unless and until the owner of said equipment or personal property shall first execute, sign and deliver to the head of the department in which said equipment or personal property is to be so used, an agreement in writing, in a form to be first approved by the City Attorney, that the owner of said equipment or other personal property shall protect, defend, indemnify and hold harmless the City and County of San Francisco and its officers and employees from and against all claims, actions, and liability arising out of loss, theft, or destruction of, or injury or damage to, said personal property from every cause whatsoever, including negligent act or omission of said City and County or its officers or employees while said property is in the possession or control of the City and County of San Francisco.
(Added by Ord. 117-64, App. 5/4/64; amended by Ord. 191-99, File No. 990878, App. 7/1/99)
Real and personal property belonging to, or subject to the control of, any City and County department, board, commission or authority shall only be used to advance or promote public programs or other purposes which have been duly authorized by the appropriate public agency. Upon finding that a City and County official or employee has engaged in activities prohibited by this Section, that official or employee shall be subject to disciplinary action in accordance with the applicable provisions of the Charter.
(Added by Ord. 7-86, App. 1/17/86)
(a) No advertising of cigarettes or tobacco products or alcoholic beverages shall be allowed on any property owned by or under the control of the City and County of San Francisco, except as stated in subsections (c) and (d) below. For purposes of this Section 4.20, "alcoholic beverage" shall be as defined in California Business and Professions Code section 23004 and shall not include cleaning solutions, medical supplies, and other products and substances not intended for drinking.
(b) This prohibition shall include the placement of the name of a company producing cigarettes or tobacco products or alcoholic beverages, or the name of any cigarette or tobacco product or alcoholic beverages, in any promotion of any event or promotion of any product or beverage on property owned by or under the control of the City and County of San Francisco.
(c) All leases, permits, or agreements awarded by the City and County of San Francisco allowing any person to use City property shall specifically provide that there shall be no advertising of cigarettes or tobacco products or alcoholic beverages as set forth in this Section 4.20. These prohibitions on advertising shall only apply to those leases, permits, or agreements entered into, renewed, or materially amended from and after the effective date of the ordinance establishing the prohibition.
(d) City property used for operation of a restaurant, concert or sports venue, or other facility or event where the sale, production, or consumption of alcoholic beverages is permitted, shall be exempt from the alcoholic beverage advertising prohibition in subsections (a) through (c) above, but the prohibition may be made applicable by lease, permit, or agreement.
(a) As provided by Section 611 of the San Francisco Planning Code, which was adopted by the voters in November 2002, new general advertising signs that are visible to the public are prohibited on the exterior of any City-owned building after March 5, 2002.
(b) No increase in the number of general advertising signs shall be allowed on street furniture, including transit shelters, kiosks, benches and newspaper racks, over the number authorized by City law and negotiated under the provisions of City contracts that were in effect as of January 1, 2008. These limitations shall apply to any successor contracts.
(c) The term "general advertising sign" shall have the meaning set forth in Section of the Planning Code.
(Added by Proposition E, App. 11/5/2009)
The Convention Facilities Director, with the approval of the Director of Administrative Services, upon the cancellation of an advance reservation for space in the Civic Auditorium and the Moscone Convention Center, or either of them, and for which a money deposit has been made, is empowered to refund such deposit, in whole or in part, provided the Convention Facilities Director determines the best interests of the City and County will be served thereby and there is deducted from such refund any loss or expense suffered by the City and County. Refund of deposits shall be made in accordance with procedures established by the Controller.
(Formerly Sec. 10.43-5; added by Ord. 619-59, App. 12/1/59; amended by Ord. 278-96, App. 7/3/96; amended and renumbered by Ord. 315-00, File No. 001910, App. 12/28/2000)
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