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(a) Applicability of Requirements. The Operational Requirements set forth in subsection (b) below shall apply to all Shared Spaces except as follows:
(1) The applicability of the Operational Requirements to a Shared Space within the jurisdiction of the MTA requires the MTA’s approval.
(2) One or more of the Operational Requirements may not be warranted or appropriate for a particular Shared Space or event occurring at a Shared Space, due to special circumstances. In such situations: the Director of Real Estate (for a City Lot Shared Space), the Director of Public Works (for a Curbside Shared Space or Sidewalk Shared Space), or the Director of MTA (for a Roadway Shared Space) may grant a non-material exception or other minor amendment to the Good Neighbor Policies set forth in subsection (b)(8) or waive or modify one or more of the other Operational Requirements if the Director finds, in the Director’s sole discretion, that the Requirement is not warranted or appropriate for a particular Shared Space or event and that the public interest would be served by granting the waiver or modification or exception.
(b) Operational Requirements.
(1) Public Accessibility. Unless authorized as a restricted access event, all Shared Spaces shall remain accessible to the public..1 Fixed Commercial Parklets and Movable Commercial Parklets shall provide alternate public seating, which is accessible to persons who are not patrons of the business for any period when the Curbside Shared Space is being activated for commercial use by the business. Alternate public seating shall include at least one public bench or other seating arrangement for every 20 linear feet of Curbside Shared Space, or per subdivided section of a Curbside Shared Space. This alternate public seating shall be included in the Curbside Shared Space permit. Fixed Commercial Parklet and Movable Commercial Parklet Permittees shall be allowed to secure the Curbside Shared Space from midnight to 7:00 a.m. The Director of Public Works is authorized to issue regulations that are consistent with this section regarding use of a Curbside Shared Space. In no event shall any exclusive uses provided for in this subsection (b)(1) be construed as being inconsistent with the Permittee’s obligation to remove or modify the Curbside Shared Space at any time pursuant to Section 94A.4(d)(1)(E).
(2) Vending. No person shall bring, or cause to be brought, for the purposes of sale or barter, or have for sale, or sell in exchange, or offer for sale or exchange any goods, wares, or merchandise in the Shared Space unless the City has issued any required permit or other authorization. Notwithstanding the previous sentence, the sale or distribution of newspapers, periodicals, or other printed or otherwise expressive material is allowed subject to the applicable requirements of the Public Works Code.
(3) Performance of Labor. No person, other than authorized City personnel, shall perform any labor on or upon a City Lot Shared Space, including, but not limited to, taking up or replacing soil, turf, ground, pavement, structures, trees, shrubs, plants, grass, flowers, or similar activities without prior permission from (A) the Director of Real Estate for City Lot Shared Spaces, and (B) the Director of Public Works for Sidewalk, Curbside, or Roadway Shared Spaces. Such permission shall be specified in the Shared Space Permit.
(4) Camping Prohibited. The provisions of Park Code Section 3.12 concerning camping shall apply to all Shared Spaces. The Director of Real Estate shall administer those provisions for City Lot Shared Spaces, and Public Works shall administer them for Sidewalk, Curbside, or Roadway Shared Spaces.
(5) No Unpermitted Occupancy Allowed. There shall be no stationing or erecting of any structure on a Shared Space without prior permission from (A) the Director of Real Estate for City Lot Shared Spaces, (B) the Director of Public Works for Sidewalk, or Curbside Shared Spaces, and/or (C) Director of Transportation for any Roadway Shared Space. Such permission shall be specified in the Shared Space Permit.
(6) Smoking Prohibited. Pursuant to Article 19I of the Health Code, smoking is prohibited on any unenclosed area of property in the City that is under the jurisdiction of any City department if the property is a park, square, garden, sport or playing field, pier, or other property used for recreational purposes or as a farmers’ market. Given the use of the subject areas as an outdoor public Shared Space, this prohibition on smoking shall apply to all Shared Spaces.
(7) Other Restrictions.
(A) No skateboarding, bicycle riding, or pets off leash is allowed without prior permission from (i) the Director of Real Estate for City Lot Shared Spaces, (ii) the Director of Public Works for Sidewalk Shared Spaces and,1 Curbside Shared Spaces, or (iii) the Director of Transportation for Roadway Shared Spaces. Such permission shall be specified in the Shared Space Permit.
(B) No littering, feeding of wildlife, or defacing of public property is allowed.
(C) No alcohol may be consumed without prior permission from all required City and State authorities. Such intent must be described in the application so that the Core City Agencies may consider the request as part of the application.
(D) General Advertising, as defined in Article 6 of the Planning Code, is prohibited. The Director of Planning shall provide additional guidance on the display of business signs, consistent with the intent and purpose of Planning Code Section 607.1(f).
(8) Good Neighbor Policies. Permittees of all Shared Space Categories shall manage the Shared Space in accordance with the following good neighbor policies during the times of use set forth in the Shared Space Permit:
(A) The safety and cleanliness of the Shared Space and its adjacent area within a 100-foot radius shall be maintained, provided that any Permittee may request, and Public Works shall provide, any necessary assistance with the removal of hazardous waste;
(B) Proper and adequate storage and disposal of debris and garbage shall be provided;
(C) Noise and odors, unless otherwise permitted, shall be contained within the immediate area of the Shared Space so as not to be a nuisance or annoyance to neighbors;
(D) Notices shall be prominently displayed during events that urge patrons to leave the Shared Space premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. Such notices shall be removed after each event; and,
(E) The Permittee or its employees or volunteers shall walk a 100-foot radius from the Shared Space within 30 minutes after programmed events have concluded and/or at the conclusion of its hours of operation, and shall pick up and dispose of any discarded trash left by patrons.
(9) Additional Operational Requirements.
(A) Sidewalk Path of Travel for Sidewalk Shared Spaces. Sidewalk Shared Space Permittees shall provide a path of unimpeded access at least eight feet wide across the sidewalk fronting their Shared Space, unless Public Works determines that such unimpeded access is not physically feasible due to the width of the sidewalk in relation to fixed obstacles on the sidewalk, including but not limited to trees, parking meters, garbage cans, benches, or bike parking fixtures. All Sidewalk Shared Space Permittees who cannot provide an eight-foot wide path of access as described above, and any permittee holding a valid Tables and Chairs permit pursuant to Public Works Code Article 5.2 and Public Works Order 183,188, as of the effective date of the Ordinance contained in Board of Supervisors File No. 210284, must provide a path of unimpeded access at least six feet wide across the sidewalk fronting their Shared Space. Sidewalk Shared Space Permittees must post signage stating the minimum path of travel that must be maintained at all times.
(B) Site Treatments for Curbside Shared Spaces. Any design guidelines issued by Public Works or the MTA for Curbside Shared Spaces shall include the obligation to maximize visibility for safety, including, but not limited, to installation of reflective materials or soft hit posts.
(C) Because Shared Spaces are intended to be publicly accessible open spaces, private dining and table service shall not be permitted in Sidewalk Shared Spaces, Curbside Shared Spaces, or Roadway Shared Spaces, unless expressly authorized in the Shared Space Permit. Any approved use of a Sidewalk, Curbside, or Roadway Shared Space for private dining and table service is limited to the normal hours of the business’s operation. Any business that uses a Shared Space exclusively for private dining and table service must provide public seating consistent with Section 94A.6(b)(1).
1. So in Ord. 99-21.