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For the purposes of this Article:
(a) "Alley" means (1) a Street having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property or (2) any Street designated by ordinance or resolution of the Board of Supervisors as "alley."
(b) "Board" means the Board of Supervisors of the City.
(c) "City" means the City and County of San Francisco.
(d) "Commercial Street" means that portion of a Street and the adjacent sidewalk within one block of which 50 percent or more of front footage of private property on the ground floor of the Street is used for a Commercial purpose. One block shall be measured from Street intersection to Street intersection, but shall not include any Alley intersection.
(e) "Department" means the Department of Public Works of the City.
(f) "Director" means the Director of the Department of Public Works of the City. Director shall mean and include an officer or employee of the City designated to act on the Director's behalf.
(g) "Emergency" means an unforeseen occurrence or combination of circumstances which calls for an immediate action or remedy.
(h) "Lamp Post" means a post which supports or has attached to it an electric lamp or lantern, but shall not include a post to which a traffic control sign or signal is attached.
(i) "Non-Commercial Street" means that portion of a Street and the adjacent sidewalk within one block of which not more than 50 percent of front footage of private property on the ground floor of the Street is used for a Commercial purpose. One block shall be measured from Street intersection to Street intersection, but shall not include any Alley intersection. Property owned or occupied by the City, the State of California, or the United States Government and used for a government purpose shall be deemed Non-Commercial property for the purpose of this Article only. Property located on the same side of the street and adjacent to property under the jurisdiction of the Department of Recreation and Park shall be deemed Non-Commercial property for the purpose of this Article only.
(j) "Person" means any individual person, firm, partnership, association, corporation, company, organization, society, group or legal entity of any kind.
(k) "Posting Date" means the date on which a Person intends to post a Sign. In no event shall the date be later than the date on which the Sign is actually posted.
(l) "Roadway" means that portion of a Street improved, designed or ordinarily used for vehicular travel.
(m) "Sign" means any card, decoration, poster, campaign sign, poster or any object containing or bearing writing, drawing, painting, figures, designs or symbols that is affixed, posted or fastened in any manner to any property that is permanently attached to the public right-of-way. A Sign shall not include a Handbill, as that term is defined and regulated by Sections 184.69 to 184.76, inclusive, of this Code. A Sign shall also not include a banner which is regulated in Section 184.78 of this Code. A Sign shall also not include an A-board which is regulated in Sections 63 and 64 of Part II, Chapter VIII of the San Francisco Municipal Code (Police Code).
(n) "Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel, or property dedicated as a public street by action of the Board of Supervisors.
(o) "Utility Pole" means a pole which carries or has attached to it a wire or wires used in connection with the Municipal Railway or telephone or electric lines, but shall not include any traffic control signal or sign.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 222-06, File No. 060853, App. 8/11/2006)
(a) Findings. The Board hereby finds and declares: The City has a compelling need to prohibit the posting of Signs on public property in order to prevent the visual pollution caused by such Signs and the resulting contributions to urban blight. Moreover, the placement of Signs on public property causes damage to such property and, when Signs are placed on or near traffic or directional signs or similar objects, threatens the safety of vehicular and pedestrian traffic. The rise in number, size and frequency of Signs on public property has increased visual clutter, risks to the vehicular and pedestrian traffic and damage to public property. This proliferation of Signs on public property also threatens the character and dignity of the City's distinctive appearance, streetscapes, thoroughfares, skyline and architectural features for both residents and visitors and also depletes limited public resources for street cleaning and maintenance. However, the Board is mindful of the importance of providing a forum for communication among citizens. While Lamp Posts and Utility Poles can provide such a forum, unrestricted use of Signs would interfere with the clear view of traffic safety signs and signals by motorists and with the unobstructed use of public streets and sidewalks. In addition, unrestricted use of Lamp Posts and Utility Poles would permit the placement of numerous Signs of widely ranging sizes and shapes which protrude beyond such poles, thereby creating an aesthetically displeasing clutter of objects on and over public streets and sidewalks. A limitation on the size, duration, and placement of Signs on Lamp Posts and Utility Poles will eliminate unsightly clutter, ensure traffic safety, and provide an opportunity for a greater number of Persons to communicate by this means.
(b) Prohibited Acts. Except as expressly provided in this Article, no Person, except a duly authorized public officer or employee, or a contractor with the City, the State of California, or the United States Government acting to promote the purposes of that contract, shall erect, construct or maintain, paste, paint, print, nail, tack or otherwise fasten or affix any Sign, or cause or suffer the same to be done, on any Lamp Post, Utility Pole, traffic control sign or signal, curbstone, bench, hydrant, wall, span wire, sidewalk, bridge, tree, fence, building or structure owned or controlled by the City.
(c) Exceptions for Non-Commercial Streets. Notwithstanding the provisions of Subsection (b) of this Section, a Sign may be placed or maintained upon, or attached to, any Lamp Post or Utility Pole on a Non-Commercial Street provided that the following regulations are adhered to:
(1) No more than one copy of any Sign (i.e. no duplicates) may be placed on a single Lamp Post or a single Utility Pole at any time;
(2) The Sign shall be affixed to the Lamp Post or Utility Pole so that the shape of the Sign conforms to the shape of the Lamp Post or Utility Pole to which it is attached, and no part shall extend or be suspended beyond the face of the Lamp Post or Utility Pole;
(3) The Sign shall not be greater than 11 inches in height;
(4) The edge of the Sign which is farthest from the ground when posted shall be at a height no greater than 12 feet from the ground;
(5) The Sign shall only be affixed with tape or non-adhesive materials, such as string, twine or other non-metal banding material. The Sign shall not be affixed with staples, nails, paste, glue, or any adhesive substance other than tape, nor affixed in a manner that causes damage to the Lamp Post, Utility Pole, any structure, or any public property. The Sign shall be posted in a fashion that ensures it is firmly secured to the Lamp Post or Utility Pole, is not loose, and does not pose any hazard to pedestrians or vehicles;
(6) The Sign shall bear the Posting Date in the lower right-hand corner, legible and visible after the Sign is posted.
(d) Exceptions for Commercial Streets. Notwithstanding the provisions of Subsection (b) of this Section, a Sign may be placed or maintained upon, or attached to, any Lamp Post or Utility Pole on a Commercial Street, provided that a Sign which is 11 inches in height or less must be posted in accordance with Section 184.57(c).
(e) Posting Period. Every Person who has posted any Sign on any Lamp Post or Utility Pole, or who has caused such posting, as permitted by Subsections (c) and (d) of this Section, shall remove such Sign and any material used to affix the Sign within 70 calendar days of the Posting Date. Provided, however, in no event shall any Sign posted for an event or an election remain posted more than 10 calendar days after the event or the election.
(f) Exclusions. The provisions of this Section shall not apply to:
(1) Signs placed or maintained by the United States Government, the State of California, any department of the City, or Signs posted under the authority of the San Francisco Department of Recreation and Park, the San Francisco Port Commission, or the Department;
(2) Any object placed or maintained upon, or in front of, or attached to, or above any building or premises, either wholly within the property lines or projecting beyond the property line over the public sidewalk, regulated by the provisions of Part II, Chapter I of the San Francisco Municipal Code (Building Code);
(3) Any object affixed pursuant to Part II, Chapter IV of the San Francisco Municipal Code (Planning Code);
(4) Any object placed on a Street or sidewalk pursuant to Section 63 of Part II, Chapter VIII of the San Francisco Municipal Code (Police Code) regulating the placement of A-boards;
(5) Any object placed on a Lamp Post or Utility Pole pursuant to Section 184.78 of this Code regulating the display of banners;
(7) The distribution of newspapers and other printed material from newsracks or pedestal mounts on public sidewalks;
(8) Signs posted on kiosks or pedestal mounts designed and maintained for the posting of Signs.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 222-06, File No. 060853, App. 8/11/2006)
(a) Findings. The Board finds and declares that several Lamp Posts throughout the City are historic landmarks, are within historic districts, or are important aesthetic features of the City. Because of the historic and aesthetic significance of these Lamp Posts, the interest in maintaining a City which is attractive to its citizens and tourists, and promoting the health, safety, and welfare of the City's citizens, these Lamp Posts must be preserved and protected from destruction. The use of these ornate poles for the purpose of posting Signs may either threaten the preservation of these landmarks or destroy an important aesthetic feature of the city.
Accordingly, the City has a compelling need to prohibit the posting of Signs on the following Lamp Posts:
(1) "Market Street's Path of Gold" located from 1 Market Street to 2490 Market Street. The pillars of these 33-foot high Lamp Posts were shaped to include historical subjects as decoration, including Native Americans on horseback and ox-drawn covered wagons pictured with a pioneer;
(2) "Mission Street Corridor" located on Mission Street between Sixteenth and Twenty-Fourth Streets. These Lamp Posts are maroon-painted with acorn-shaped luminaries, finial tops and twin lights at different heights;
(3) "Dragon Street Lanterns" located on Grant Street between Bush and Broadway Streets. These red-painted Chinese-style lanterns sit atop pillars which are ornately decorated with bronze dragons and painted aqua; the bases are painted red and white;
(4) Lamp Posts on the "Embarcadero" located between King and Jefferson Streets. There are three styles of Lamp Posts on the Embarcadero having decorative bases, painted green or slate blue, and with double tear-dropped-shaped lanterns and both double and single acorn-shaped lanterns;
(5) Lamp Posts on Fisherman's Wharf located between Hyde and Powell Streets. These Lamp Posts are painted slate blue, have decorative bases and single acorn-shaped lanterns;
(6) Lamp Posts adjacent to the Moscone Center on Howard Street between Third and Fourth Streets. These 10 Lamp Posts are bronze cobra-shaped light fixtures designed by JCDecaux Co., a French designer of street furniture and fixtures;
(7) Lamp Posts in Union Square Plaza, which is bounded by Geary Street to the south, Stockton Street to the east, Post Street to the north, and Powell Street to the west. These Lamp Posts are painted slate blue, have decorative bases and single acorn-shaped lanterns;
(8) Lamp Posts located on Mason Street from Market to Sutter Streets, Sutter from Mason to Kearny Streets, Kearny Street from Bush to Market Streets. These Lamp Posts are painted gray, have gold trim, and ornately decorative bases and double acorn-shaped lanterns.
(b) Posting Signs Prohibited. Notwithstanding any other provision of law, no Person, except a duly authorized public officer or employee or contractor with the City, the State of California, or the United States Government acting to promote the purposes of that contract, shall erect, construct or maintain, paste, paint, print, nail, tack or otherwise fasten or affix, any Sign, or cause or suffer the same to be done, on any of the following Lamp Posts:
(1) "Market Street's Path of Gold" located from 1 Market Street to 2490 Market Street;
(2) "Mission Street Corridor" located on Mission Street between Sixteenth and Twenty-Fourth Streets;
(3) "Dragon Street Lanterns" located on Grant Street between Bush and Broadway Streets;
(4) Lamp Posts on the "Embarcadero" located between King and Jefferson Streets;
(5) Lamp Posts on Fisherman's Wharf located between Hyde and Powell Streets;
(6) Lamp Posts adjacent to the Moscone Center on Howard Street between Third and Fourth Streets;
(7) Lamp Posts in Union Square Plaza, which is bounded by Geary Street to the south, Stockton Street to the east, Post Street to the north, and Powell Street to the west; and
(8) Lamp Posts located on Mason Street from Market to Sutter Streets, Sutter from Mason to Kearny Streets, Kearny Street from Bush to Market Streets.
(c) The Director shall maintain a complete and accurate list and map indicating the historic Lamp Posts covered by this Section and shall provide a copy of each upon request.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 222-06, File No. 060853, App. 8/11/2006)
(a) It shall be unlawful for any Person to post or cause to be posted any Sign which is greater than 11 inches in height on any Lamp Post or Utility Pole on a Commercial Street in the City. Notwithstanding any other provision of this Section, Signs in Commercial Streets that received registration numbers prior to the effective date of this Ordinance under Section 184.59(b)-(g) of Ordinance No. 116-99 shall be permitted for the Posting Period provided in Section 184.57(e).
(b) Confidentiality. In order to protect the anonymity of speakers, the Director shall protect the confidentiality of all information provided in any application for permission to post Signs pursuant to Section 184.59(b)-(g) of Ordinance No. 116-99. The Director and his or her staff may use that information only for the purpose of enforcing this Article.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 222-06, File No. 060853, App. 8/11/2006)
No Person shall deface, mar, disfigure, or damage any traffic control sign or signal, curbstone, bench, hydrant, wall, span wire, sidewalk, bridge, fence, building or any other structure belonging to the City or any tree located in any public property or place, by painting, cutting, scratching or breaking the same, or attaching, posting, or in any way affixing anything thereto.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 222-06, File No. 060853, App. 8/11/2006)
Any Sign affixed to any property in violation of the provisions of this Article is hereby declared to be and is a public nuisance. No Sign posted in compliance with this Article may be removed by any Person except an officer or employee of the City duly authorized to do so or the Person who posted or caused to be posted the Sign.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 222-06, File No. 060853, App. 8/11/2006)
Any Person who violates any of the provisions of this Article shall be guilty of an infraction, and, upon conviction thereof, shall be punished by a fine of not less than $100.00 or more than $500.00 or by community service in lieu of the fine.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; amended by Ord. 222-06, File No. 060853, App. 8/11/2006; Ord. 74-11, File No. 110280, App. 5/5/2011, Eff. 6/4/2011)
(a) Any Person in violation of any provision of this Article and of failing to pay the amount billed such Person for such violation shall be liable for payment of a civil penalty in an amount equal to (1) the costs incurred by the City occasioned by the failure to remove Signs and by damaged property occasioned by their posting or removal, and (2) the costs to the City incurred in obtaining imposition of such civil penalties through litigation, including the cost of paying City employees or other persons to engage in the litigation, and (3) an additional amount equal to 50 percent of the total of (1) and (2) of this Subsection.
(b) In addition to any other remedies that may be available, a violation of this Article may be punishable by an administrative fine, which may be assessed by an administrative citation issued by Department of Public Works officials designated in Section 38 of the Police Code. Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," as may be amended from time to time, is hereby incorporated and shall govern the procedure for the imposition, enforcement, collection, and administrative review of administrative citations issued to enforce this Article, except that the amount of the administrative fine shall be $100 for a first violation of any section of this Article, $200 for a second violation of such section within one year of the first violation, and $500 for each additional violation of such section within one year of the first violation.
(c) All monies received by the City in payment of civil penalties or administrative fines for violation of this Article shall be deposited to the credit of the Bureau of Street Environmental Services of the Department of Public Works in a special fund, to be entitled "Sign Removal Fund." Revenue from such fund shall be used exclusively for the costs related to the removal of illegally posted Signs and repair of City property damaged by such posting. Balances remaining in the fund at the close of any fiscal year shall have been deemed to have been provided for a specific purpose within the meaning of Section 9.113 of the Charter, and shall be carried forward and accumulated in said fund for the purposes recited herein. The monies received into this fund are hereby appropriated exclusively for the purposes set forth herein.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; amended by Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 222-06, File No. 060853, App. 8/11/2006; Ord. 74-11, File No. 110280, App. 5/5/2011, Eff. 6/4/2011)
(a) The Department has authority to remove any Sign if it violates any provision of this Article. To the extent consistent with applicable federal and state law, the Department may remove any Sign posted in violation of the applicable provisions of federal or state law where the Sign is posted on a Lamp Post or Utility Pole on, immediately abutting, or immediately adjacent to property which is under the jurisdiction of the United States Government or the State of California and is located within the City. The Department is authorized to take all necessary steps, including entering into contracts with the United States Government or the State of California, to remove Signs posted on a Lamp Post or Utility Pole on, immediately abutting, or immediately adjacent to property which is under the jurisdiction of the United States Government or the State of California and is located within the City. If the City incurs any expense in removing a Sign because it was posted in violation of this Article, the Person or Persons responsible for such posting as set forth in Section 184.65 of this Article may be billed as provided in Subsection (b) of this Section. If such bill is not paid as required by Subsection (b), the Person or Persons responsible for such posting are subject to payment of a civil penalty as provided in Section 184.63 of this Article.
(b) Whenever an officer or employee of the City and County of San Francisco removes any Sign posted in violation of this Article, the Director may send a bill to the Person responsible for such posting for the cost of removal or for the repair of property damaged by such posting. Such bill shall include all costs, both direct and indirect, involved in removing Signs, in repairing property, and in administering the billing procedure. The amount to be billed for placing objects into the surface of trees is set forth in the San Francisco Urban Forestry Ordinance, which is codified as Part II, Chapter X, Article 16, Section 800 et seq. of the San Francisco Municipal Code (Public Works). The bill shall describe the basis for the amount billed by indicating the number of signs posted illegally, the time necessary for removal, the hourly cost of removal, and other relevant information, including, but not limited to, the general locations from which the signs were removed and the dates and times on which the work was performed. The bill shall also specify a date by which the bill is to be paid, which date shall be not fewer than 10 business days after the bill is mailed. The person billed must pay the bill by the date specified. All payments received shall be deposited with the Treasurer to the credit of the "Sign Removal Fund" designated in Section 184.63 of this Article.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 222-06, File No. 060853, App. 8/11/2006)
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