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(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and clearly so designated by duly posted signs; but any such permission to smoke in a designated area or space may be withdrawn at any time by like joint action.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and clearly so designated by duly posted signs; but, any such permission to smoke in a designated area or space may be withdrawn at any time by like joint action; and provided further, that in no case shall smoking be permitted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)
The Chief Engineer of the Fire Department, in conjunction with the Chief of the Division of Fire Prevention and Investigation, is hereby authorized and given full power and authority to make all necessary rules and regulations, not in conflict with the provisions of Sections 55 and 55.1 of this Chapter, providing for the use of any open flame or electric arc when the same are used in the making of repairs, alterations, or structural changes on 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, and providing for the safe and proper fire protection for any area or space, including any office or lunchroom, wherein smoking is permitted in accordance with Section 55 of this Chapter.
(Amended by Ord. 2692, Series of 1939, App. 4/26/44)
Any person who shall violate any of the provisions of Sections 55, 55.1 and 56 of this Article, or any rule or regulation made by the Chief of the Fire Department in conjunction with the Chief of the Division of Fire Prevention and Investigation, under authority hereof, shall be guilty of a misdemeanor and shall be punished by a fine of not exceeding $500, or imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(Amended by Ord. 1691, Series of 1939, App. 4/26/44)
The Municipal Recreation Concrete Pier at the Aquatic Park shall be exempt from the provisions of Sections 55 and 57 of this Article, except those provisions contained in Section 56 of this Article.
(Added by Ord. 1.075, App. 10/11/38)
(a) It shall be unlawful for any person, firm or corporation, occupying or having charge or control of any premises, to place or cause to be placed, or suffer to remain upon the sidewalk, or upon the half of the street in front of such premises, any Article or substance which shall obstruct the passage of such street or sidewalk.
(b) It shall be unlawful for any person, firm or corporation to enter into a lease, rental agreement or contract of any kind, written or oral, with or without compensation, for the use of any street or sidewalk.
(c) As an alternative to any other fines or penalties applicable to a violation of this section, any person, firm or corporation who is in violation of this section shall be subject to an administrative penalty not to exceed $300 for each violation. The administrative penalty shall be assessed, enforced and collected in accordance with Section 39-1 of this Code.
(Amended by Ord. 169-87, App. 5/4/87; Ord. 87-03, File No. 030482, App. 5/9/2003)
The provisions of Section 63(a) of this Article shall not apply to:
(a) Goods or merchandise in actual course of receipt, delivery or removal;
(b) Lamp posts or hydrants, erected by permission of the Director of Public Works;
(c) Any tree, plant or shrub planted in the sidewalk area, or any boxed or potted tree, plant or shrub set on the sidewalk area when the containers are not attached to the building;
(d) Watering troughs placed by permission of the Director of Public Works upon sidewalks for the accommodation of the public;
(e) Bicycle racks or motorcycle racks placed upon the sidewalks by permission of the Director of Public Works and of the adjoining property owners for the accommodation of persons using such bicycle or motorcycle, the same not to exceed three feet in width and three feet in height and to be entirely devoid of advertising matter; provided, that motorcycle racks shall be supplied with a metallic pan for the purpose of catching oil drippings;
(f) Hitching posts placed by permission of the Director of Public Works upon sidewalks, in accordance with pattern indicated in the design approved by and on file in the office of said Director;
(g) Sockets to be placed upon the outer line of the sidewalk within the curb line for the support of flagpoles to be used for the display of flags. The said sockets shall be approved by, and installed under the supervision and to the satisfaction of, the Director of Public Works;
(h) "A" boards or advertising signs, placed and displayed by authorized representatives of the Armed Forces of the United States, in aid of their respective recruitment programs;
(i) A display stand placed on the sidewalk, within a certain area as set forth in Sections 153 and 183-1 of Article 5.3 of the Public Works Code, for display of fruits and vegetables or nonfood merchandise. The display stand shall be approved by, placed under the supervision of, and maintained under conditions established by, the Director of Public Works.
(Amended by Ord. 523-83, App. 11/4/83)
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