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(a) An application for a temporary street closing for an athletic event shall be deemed a request for Department of Public Works services within the meaning of Sections 10B.11 through 10B.15 of the San Francisco Administrative Code. If the temporary street closing is approved, the Director of Public Works may detail such personnel to provide street-cleaning and related services for the event in the number and for the period of time the Director of Transportation determines to be necessary to perform the services. The applicant for the temporary street closing shall be liable for the cost of street-cleaning and related services, including field investigation needed to determine manpower requirements, and shall be responsible for indemnifying and holding harmless the City and County of San Francisco and the Department of Public Works personnel as required by Section 10B.12.
(b) Upon approval of a temporary street closing for an athletic event, a sum of money which the Director of Public Works estimates will be necessary to cover the costs of services pursuant to Section 10B.12 of the Administrative Code shall be due. No approval shall be deemed effective until such sum of money is deposited with the Director of Public Works. The sum of money required pursuant to this paragraph shall be deposited at least one calendar week before the scheduled event. If the applicant does not deposit the sum required within the time limit specified, the application for a temporary street closing shall be deemed denied, or, if the street closing has already been approved, revoked. The Director of Public Works may waive the advance deposit requirement if the particular event has not required additional street-cleaning or related services for the past three years. The applicant shall, however, remain liable for the costs of any additional services actually required.
(c) Within a reasonable time after the event is over, the Director of Public Works shall determine the amount of money necessary to cover the cost of services provided by the Department of Public Works pursuant to Section 10B.12 of the Administrative Code. If the deposit pursuant to Subsection (b) hereof is insufficient to cover the cost of street-cleaning and related services, the Director of Public Works shall notify the applicant by United States mail to the address listed on the application and he or she shall have ten days to pay the balance. If the amount deposited exceeds the actual costs, the Director of Public Works shall authorize a refund of the excess to the applicant at the address shown on the application.
(d) If the Board of Supervisors has approved a temporary street closing for an athletic event and the applicant cancels the event after personnel have been assigned to provide street-cleaning and related services to the event and such personnel have begun that duty, the applicant shall be liable for the time expended by Department of Public Works personnel pursuant to Section 10B.12 of the San Francisco Administrative Code. If a temporary street closing is revoked, the money deposited for the costs of street-cleaning and related services pursuant to this Article shall be refunded.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
ISCOTT or other applicable permitting authority is authorized and encouraged in its discretion to require, and to develop guidelines regarding, monitored bicycle parking at appropriate large permitted public events. The sponsor of the public event may provide such monitoring service or ensure that such monitored bicycle parking is available in local garages or other similar facilities. If the sponsor provides monitored bicycle parking, the sponsor may charge a nominal fee for such service. The amount of such fee shall be included as part of the sponsor's permit application. If the sponsor is unable to ascertain the fee amount at the time of the permit application, the sponsor may submit a fee schedule to ISCOTT, or other applicable permitting authority, as soon as possible but no later than 10 days before the event.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
(1) “Roadway Shared Space Activities” means permitted activities that are authorized under the Shared Spaces Program set forth in Administrative Code Chapter 94A which occur in the Traffic Lane, do not significantly interfere or delay a public transit service, and generally do not exceed ten consecutive hours per day over four consecutive days per week over a total period of time of not more than two years.
(2) “Traffic Lane” means the portion of the Street that has been dedicated for the movement of motor vehicles exclusive of transit platforms and traffic islands.
(b) ISCOTT is authorized to issue permits for the Temporary Closure, as defined in Division II, and occupancy of the Traffic Lane of a Street, including Roadway Shared Space permits pursuant to the Shared Spaces Program as set forth in Administrative Code Chapter 94A, under the jurisdiction of the Municipal Transportation Agency, provided that the Municipal Transportation Board of Directors authorizes ISCOTT to issue such permits. Any permit issued by ISCOTT shall be limited to a period of one-year or less. ISCOTT may renew any such permit for up to one additional year for a maximum period of two consecutive years for the Temporary Closure.
(d) Notwithstanding any other provision of Section 6.2, ISCOTT shall review an application for a Roadway Shared Space permit and shall issue any approval within 30 days of receipt of the application, for projects that are not located on Municipal Railway or other public transit lines. For permitted locations that are located on Municipal Railway or other public transit lines, approval may take longer than 30 days after receipt of an application.
(e) In determining whether to issue a permit, ISCOTT shall follow the procedures set forth in Sections 6.2 and 6.7 and all of the requirements and conditions set forth in those sections shall apply notwithstanding Section 6.8. In addition to the street barricade requirement set forth in Section 6.7(i), any barricades and other traffic control devices required by the Municipal Transportation Agency shall be provided by that agency. If ISCOTT decides not to temporarily close the Traffic Lane, neither Public Works nor any other City agency shall have the authority to issue a permit for occupancy of the Traffic Lane.
(f) Upon the expiration of any Roadway Shared Space permits under the Shared Spaces Program, ISCOTT’s approval to temporarily close the Traffic Lane shall immediately expire and the closed portion of the Street shall be reopened immediately. Upon revocation of any Roadway Shared Space permit, the closed portion of the Street shall be reopened after fourteen days notice has been given by the City, or sooner if the Director determines that the closure is resulting in an immediate threat to the public health, safety, or welfare. If the closed portion of the Street is not reopened within the time set by the Director, the Roadway Shared Space permittee shall be subject to fines and administrative penalties as provided under Administrative Code Chapter 94A.
(g) The SFMTA may charge a fee to reimburse the agency for costs associated with the closure of a Traffic Lane. The amount of this fee shall be the same amount as set forth in Table 902(b) for “Special Events” in Division II of the Transportation Code depending on the date an application is submitted.
(Added by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)
(a) A “Qualifying Neighborhood Outdoor Event” is an event under this Article 6 for the temporary use or occupancy of a public street that meets all the following criteria:
(1) The sponsor of the event (“Sponsor”) is one or more of the following: (i) a non-profit arts and culture organization that provides programming in San Francisco, that is exempt from taxation under Internal Revenue Code Section 501(c)(3), and that is in compliance with all applicable requirements to register with the California Attorney General’s Registry of Charities and Fundraisers; (ii) a business with less than $5 million in annual gross revenue that has a physical place of business within or adjacent to the area in which the proposed event would take place; (iii) a merchant or neighborhood resident association that represents the area in which the proposed event would take place; or (iv) a property and business improvement district that serves the area in which the proposed event would take place;
(2) The event is primarily intended to attract residents and workers from neighboring areas;
(3) The event is free and open to the public;
(4) If incorporating amplified sound, the event does so for a maximum of six hours;
(5) The event occupies a maximum of three continuous blocks; occupies streets in a hub-and-spoke pattern within a one block radius from a central intersection; or is a night market occupying up to six continuous blocks along Irving Street between 19th Avenue and Great Highway, Noriega Street between 19th Avenue and Great Highway, or Taraval Street between 19th Avenue and Great Highway;
(6) The event is a single-day event that involves a street closure for no longer than 24 hours for all event activities, with public programming taking place outdoors within the hours of 8:00 am to 10:00 pm;
(7) As determined by the San Francisco Municipal Transportation Agency (SFMTA), the event does not impact light rail, street car, or cable car operations; impact major streets; require the rerouting of a SFMTA Rapid Line; unduly disrupt vehicle or pedestrian traffic; require substituting trolley buses or rail cars with motor coaches; restrict direct access by SFMTA vehicles to rail stations; or require the SFMTA to shut down electrification of overhead wires; and
(8) For an event that primarily takes place on Recreation and Park Department property, the event does not involve the closure of any street that would not contain public-facing programming during the event.
(b) Application for a Fee Waiver.
(1) A Sponsor seeking a determination of eligibility for a waiver of fees under this Section 6.17 shall file an application with, and on a form provided by, the SFMTA. The SFMTA will determine eligibility based on whether the event is a Qualifying Neighborhood Outdoor Event prior to issuance of an ISCOTT street closure permit.
(2) In order to receive a fee waiver, a Sponsor shall apply for and must receive a determination of eligibility for the fee waiver under this Section 6.17 before applying for an ISCOTT street closure permit. Any Sponsor that has applied for or obtained an ISCOTT street closure permit prior to the effective date of this Section 6.17 will not qualify for a retroactive waiver of any associated fees.
(3) A Sponsor is eligible for fee waivers for up to 12 recurring events over the course of a calendar year, subject to any other applicable limitations in this Section 6.17.
(4) Determination of eligibility for a waiver of fees under this Section 6.17 shall be final and not subject to appeal.
(c) Waiver of Fees.
(1) Upon a determination by the SFMTA that a Sponsor is eligible for one or more fee waivers under this Section 6.17, the Sponsor shall be entitled to such waivers.
(2) Notwithstanding any other provision of this Section 6.17, the proposed closure of a block that requires the rerouting of SFMTA transit service shall only be eligible for three fee waivers per calendar year, regardless of the Sponsor.
(3) Fees subject to waiver include any and all application, permit, staffing, and inspection fees associated with a Qualifying Neighborhood Outdoor Event issued by any of the following departments, excluding fees imposed for a broader purpose beyond the Qualifying Neighborhood Outdoor Event and any fees imposed by the SFMTA.
(A) Department of Public Health, including but not limited to fees for Temporary Food Facility permits under Article 8, Section 452 of the Health Code and fees imposed pursuant to Transportation Code Section 6.6;
(B) Fire Department, including but not limited to fees imposed pursuant to Transportation Code Section 6.6 and fees for Fire Department permits;
(C) Entertainment Commission, including but not limited to One Time Event Permits, One Time Outdoor Amplified Sound Permits, and Sound Truck Permits; and
(D) Police Department, including but not limited to fees imposed pursuant to Transportation Code Section 6.6.
(d) Administration and Implementation.
(1) The SFMTA shall inform relevant City departments of its waiver determinations under this Section 6.17.
(2) The SFMTA may develop rules and/or regulations to implement this program.
(3) Each City department whose fees are waived under this Section 6.17 shall report annually to the SFMTA the events for which fees were waived and the amount of fees waived for each event. The SFMTA shall compile this information and report it annually to the Board of Supervisors and the Mayor.
(e) Sunset Date. This Section 6.17 shall expire by operation of law on June 30, 2027. Upon expiration of this Section 6.17, the City Attorney is authorized to cause this Section 6.17 to be removed from the Transportation Code.