(a) Smoking is prohibited on any unenclosed area of property in the City and County of San Francisco that is open to the public and under the jurisdiction of the Recreation and Park Commission or any other City department if the property is a park, square, garden, sport or playing field, pier, or other property used for recreational purposes, or a farmers’ market. For purposes of this Article 19I, the term “City department” shall include the Transbay Joint Powers Authority (TJPA) with respect to the Transbay Rooftop Park, provided that the TJPA Board of Directors has not rescinded or revoked the TJPA resolution of consent to the enforcement of this Article 19I for the Transbay Rooftop Park, which is on file with the Clerk of the Board of Supervisors in File No. 180087.
(b) Each City department with jurisdiction over property subject to this Article shall post signs in appropriate locations to provide public notice that smoking is prohibited.
(c) The provisions of this Article do not apply in any circumstance where Federal or State law regulates smoking if the Federal or State law preempts local regulation or if the Federal or State law is more restrictive.
(d) The provisions of this Article do not apply to playgrounds or tot lot sandbox areas, in and around which smoking is prohibited by California Health and Safety Code Section 104495.
(e) The provisions of this Article do not apply to piers primarily used for commercial purposes.
(Added by Ord. 28-05, File No. 041307, App. 2/4/2005; Ord. 110-06, File No. 060393, App. 5/19/2006; Ord. 58-10, File No. 091443, App. 3/25/2010; Ord. 56-18, File No. 180087, App. 4/13/2018, Eff. 5/14/2018)