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(a) Use and operation of personal watercraft in the area designated in Subsection (b) as a special use area is incompatible with competing uses and is therefore prohibited.
(b) For purposes of this Article, the special use area shall consist of the area within 1,200 feet of the shoreline or the farthest extension of the shoreline of San Francisco, as defined by its landmarks. The San Francisco shoreline shall include, but not be limited to, all of Yerba Buena Island, all of Treasure Island, the east shore of Angel Island, all of Alcatraz Island, between Point Bonita and Yellow Bluff in Marin, and from Candlestick Park around the San Francisco Peninsula down to the extension of the County line below Harding Park.
In the event that another regulatory authority has exclusive jurisdiction over any of this shoreline area, the special use area shall begin at the boundary of the shoreline under the jurisdiction of the City and County of San Francisco and extend out 1,200 feet.
(c) There shall be a 200-foot wide access corridor for personal watercraft along the shortest route possible from Pier 52 through the special use area. There shall be a second access corridor, not to exceed 200 feet in width, for personal watercraft along the shortest route possible from the Gas House Cove marina fueling station through the special use area. The Gas House Cove corridor is designated solely for access to the fueling facility; personal watercraft shall not be allowed to launch from or land at Gas House Cove. The access corridors shall be marked by buoys or designated by other means chosen by the Police Department, and the speed limit in the corridors shall be five miles per hour.
(d) The restrictions imposed by this Section shall not apply to the use of personal watercraft by Fire Department, Police Department, or Coast Guard personnel in the performance of search and rescue missions or other emergency or law enforcement operations.
(e) Signs summarizing the relevant provisions of this Article shall be erected where personal watercraft have the ability to launch. These signs shall also provide a telephone number designated to accept calls by the public reporting violations of this Article.
(Added by Ord. 285-98, App. 9/18/98)
If the Port of San Francisco or any other officer, department or agency of the City constructs a recreational boat launch facility with funds provided pursuant to 26 U.S.C. Section 9504(b)(2), the Port Director or the responsible officer, department or agency shall designate, and the Board of Supervisors shall confirm by motion, an additional access corridor for personal watercraft from the facility and through the special use area. In addition, the Port Director or the responsible officer, department or agency shall notify the Commission on the Environment prior to constructing any facility covered by this Section.
(Added by Ord. 285-98, App. 9/18/98)
(a) A violation of the provisions of Section 4700.3 shall be an infraction. Any person found guilty of such an infraction shall be punished by a fine not to exceed $50 for the first offense; for the second offense committed within a one-year period by a fine not to exceed $100; for third and each additional offense committed within a one-year period by a fine not to exceed $250.
(b) Any person who commits, or proposes to commit, an act in violation of this Article may be enjoined therefrom by any court of competent jurisdiction. Action for injunction under this Section may be brought by any aggrieved person, by the District Attorney, by the City Attorney, or by any person or entity which will fairly and adequately represent the interests of the public.
(Added by Ord. 285-98, App. 9/18/98)
(a) Any citizen may commence a civil action on his or her own behalf against any person who is alleged to have violated, or to be in violation of the provisions of this Article. For purposes of this Section, "citizen" shall mean either an individual who resides in the City; or a corporation, partnership or association that maintains its principal office in the City, and which has an interest which is, or may be, adversely affected.
(b) In any action brought under this Section where the City is not a party, the City may intervene as a matter of right. Whenever an action is brought under this Section, the plaintiff shall serve a copy of the complaint on the City Attorney upon filing. No consent judgment or settlement shall be entered in an action in which the City is not a party prior to 30 days following receipt of the proposed consent judgment or settlement by the City Attorney.
(c) The court in issuing any final order brought pursuant to this Section shall award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party who brought the underlying action, when the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought by the citizen, require a filing of a bond or undertaking in accordance with State law and local court rules.
(d) Nothing in this Section shall restrict any right which any person may have under any statute, ordinance, or common law to seek enforcement of any requirement prescribed by or under this Article, or to seek any other relief. Nothing in this Section shall be construed to prohibit or restrict the City from bringing any administrative, civil or criminal action or obtaining any remedy or sanction against any person to enforce any requirement set forth in this Article.
(Added by Ord. 285-98, App. 9/18/98)
If any provision, section, paragraph, clause, sentence or phrase of this ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are hereby declared to be severable.
(Added by Ord. 285-98, App. 9/18/98)