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(a) Except as provided in Article 15.1 of this Code, and as to activities conducted pursuant to a permit issued by the City, and to amplifying equipment used in authorized emergency vehicles as defined in the California Vehicle Code, it shall be unlawful for any person to use, operate, maintain, or permit to be played, used, or operated any radio or television receiving set, musical instrument, phonograph, juke box, broadcasting equipment, or other machine or device for the producing, reproducing, or amplification of sound or human voice in such manner as to produce raucous noises or in such manner so as to disturb the peace, quiet, and comfort of persons in the neighborhood or with volume louder than is necessary for convenient hearing for the person or persons for whom said machine, instrument, or device is operated.
(b) The operation of any such set, instrument, phonograph, juke box, broadcasting equipment, machine, or device between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 50 feet from the property line of the property from whence the sound is emitted, shall be prima facie evidence of a violation of this Section 49.
(c) The operation of any such set, instrument, phonograph, juke box, broadcasting equipment, machine, or device at any time in such a manner as to cause a noise level in excess of the standards set forth in Article 29 of this Code shall be prima facie evidence of a violation of this Section 49.
(e) In addition to the criminal and civil penalties in Subsection (d), the Director of the Department of Public Health, or his or her respective designee, may also issue administrative citations for the violation of this Section. San Francisco Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Subsection (e). For purposes of calculating and imposing the administrative penalties under this Subsection (e), each day a violation occurs or continues shall constitute a separate violation. The Director of the Department of Public Health may recover any costs and fees, including but not limited to attorneys’ fees, for enforcement initiated through this Section and authorized under this Section.
(f) The remedies specified in this Section shall not preclude any other remedies available under state or local law.
(g) It is the intention of the Board of Supervisors that each separate subsection, sentence, clause, or phrase of this Section 49 shall be deemed independent of each other, and that if any subsection, sentence, clause, or phrase be declared invalid or unconstitutional, all other remaining portions thereof shall remain valid and enforceable.
(Added by Ord. 172-69, App. 5/21/69; section deleted and provisions merged into Sec. 49 by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
It shall be unlawful for any person to smoke any cigar, pipe or cigarette, or to carry any lighted cigar, pipe or cigarette within the enclosed section of any street car, cable car, motor coach or trolley coach operated within the City and County of San Francisco.
(Amended by Ord. 4007, Series of 1939, App. 9/5/46)
Any person who shall violate any of the provisions of Sections 51, 51.1 or 51.2 of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $25 or by imprisonment in the County Jail for not more than 10 days, or by both such fine and imprisonment.
(Added by Ord. 49-73, App. 2/8/73)
(a) It shall be unlawful for any person to smoke, carry or possess a lighted cigar, cigarette, or pipe, or to smoke tobacco or any other similar substance in any form, or to ignite any match or mechanical lighter on or in any wharf, pier, dock, bulkhead, or marine facility; provided, however, that tobacco may be smoked in any area or space on or in any such place or structure, that may be set apart for such purpose by the joint action of the Chief of the Fire Department and the Board of State Harbor Commissioners, and clearly so designated by duly posted signs; but any such permission to smoke in a designated area or space may be withdrawn at any time by like joint action. Provided, however, that in every area or space set apart as a space or area within which smoking is permitted, in accordance with the provisions of this Section, there shall be provided at least one approved fireproof container filled with sand for every three hundred square feet or fraction thereof of floor area for the purpose of depositing cigarettes or cigar butts, tobacco, matches and other material which may be productive of starting fires and at least one approved portable fire extinguisher for every five hundred square feet or fraction thereof of said floor area, which fire extinguisher shall be at least two and one-half gallon capacity or at least one quart capacity if said fire extinguisher is of the carbon tetrachloride type.
(b) It shall be unlawful for any person to smoke, carry or possess a lighted cigar, cigarette, or pipe, or to smoke tobacco or any other similar substance in any form, or to ignite any match or mechanical lighter on any vessel moored at any wharf, pier, dock, bulkhead, or marine facility; provided, however, that tobacco may be smoked in any area or space that may be set apart for such purpose on any such vessel by the joint action of the Chief of the Fire Department and the master of said vessel, and clearly so designated by duly posted signs; but, any such permission to smoke in a designated area or space may be withdrawn at any time by like joint action; and provided further, that in no case shall smoking be permitted
(1) On weather decks,
(2) When loading or discharging explosives,
(3) In cargo spaces,
(4) When gas freeing ship's tanks or when loading in bulk any liquid inflammable cargo having a flash point of 80° F. or below.
(Amended by Ord. 2692, Series of 1939, App. 4/26/44)
It shall be unlawful for any person to use an open flame of any character or an electric arc, excepting only when said open flame or electric arc is necessarily employed in the making of repairs, alterations, or structural changes on or in any wharf, pier, dock, bulkhead or marine facility or within any hatch, hold or other space wherein cargo of any character is or may be kept or stored in any vessel on or within the limits of the City and County of San Francisco.
(Added by Ord. 2692, Series of 1939, App. 4/26/44)
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