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(a) Garbage Receptacles Prohibited on Sidewalk, Street, or Any Public Right-of-Way. Except as otherwise provided in Sections 170.1 and 173, Chapter X, Part II, San Francisco Municipal Code (Public Works Code), no person, firm or corporation occupying or having charge or control of any premises shall place or cause to be placed, or suffer to remain, upon the sidewalk, street or any other dedicated public right-of-way, any can, container or receptacle used for the collection of garbage, refuse, ashes, cinder, sludge, offal, broken glass, crockery, tins, boxes, animal or vegetable matter, rubbish or other like matter, recycling, or green waste, except on the day the contents of said receptacle are to be collected by the licensed collector thereof or after the hour of 6:00 p.m. of the day immediately prior to the day of said collection.
(1) Any person, firm, or corporation occupying or having charge of any commercial premises shall remove any such receptacle from the sidewalk, street, or other dedicated public right-of-way immediately after the contents of said receptacle have been collected or immediately upon opening said premises for business on the day of said collection.
(2) Any person, firm, or corporation occupying or having charge of any residential premises shall remove any such receptacles from the sidewalk, street, or other dedicated public right-of-way within twenty-four (24) hours after placing said receptacles out for collection and after the contents of the said receptacle have been collected.
(3) Said receptacles shall be returned to an enclosed area or other area that blocks views of the receptacles from the public right-of-way. Under no circumstances are said receptacles to be stored in plain sight of the public when viewed from any public right-of-way unless said receptacles have been placed out for collection.
(4) In addition to the requirements set forth in this Section, the Director, after a public hearing, may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience.
(b) The Director of Public Works, in issuing any written notice to abolish, abate and remove a nuisance under Article 5.1 of the Public Works Code, may direct any person, firm or corporation occupying or having charge of any commercial premises, to securely lock every can, container or receptacle placed for collection pursuant to Section 170(a) on any area open to the public, to prevent access to the contents thereof by any person other than the licensed refuse collector. Any such written notice shall be issued as set forth in Section 174.1.
(c) Each violation of Subsection (a) shall constitute an infraction and shall be punishable by a fine of not less than $80.00 nor more than $100.00; for a second offense by a fine not less than $150.00 nor more than $200.00; and for each additional offense by a fine not less than $250.00 nor more than $500.00. In the alternative, an administrative penalty not to exceed $250.00 may be assessed for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.
(Added by Ord. 330-93, App. 10/11/93; amended by Ord. 388-94, App. 11/18/94; Ord. 197-98, App. 6/19/98; Ord. 227-99, File No. 990822, App. 8/13/99; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 179-06, File No. 060083, App. 7/14/2006; Ord. 47-07, File No. 070020, App. 3/9/2007; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)