San Francisco County Municipal Code Art. 23 Regulations

Sec. 2300. Definitions. Sec. 2301. Lien for Charges; Possession of Goods to Secure Payment. Sec. 2302. Enforcement of Charges; Possession, Storage, Sale of Goods; Obstructions. Sec. 2303. Discharge or Receipt of Merchandise Without Payment of Wharfage as Misdemeanor. Sec. 2304. Guaranty of Payment of Wharfage. Sec. 2305. Depositing Substances in Harbor Without Permission Prohibited; Form and Content of Permission. Sec. 2306. Obstructions Prohibited. Sec. 2307. Notice to Remove Obstructions; Service. Sec. 2308. Penalty for Noncompliance; Removal and Storage; Lien. Sec. 2309. Unauthorized Collections and Other Activities as Misdemeanor. Sec. 2310. Avoidance of Tolls; Penalty. Sec. 2311. Removal at Direction of Wharfinger. Sec. 2312. Noncompliance with Orders of Commission as Misdemeanor or Infraction. Sec. 2313. Operation of Motor Vehicles on Wharves. Sec. 2314. Operation of Vessels. Sec. 2315. Permission to Board Vessel. Sec. 2316. Authority of Police to Board Vessel. Sec. 2317. Moving of Vessel by Commission. Sec. 2318. Violations; Penalty; Enforcement.

*Editor’s Note: The sections of Article 23, added as Secs. 1600 – 1618 by Ord. 39-69, approved January 28, 1969, were redesignated as Secs. 2300 – 2318 by Ord. 230-17, File No. 171042, approved December 6, 2017, effective January 5, 2018, to avoid numbering conflicts with the new Article 16 adopted by Ord. 230-17. SEC. 1600. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2300 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1601. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2301 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1602. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2302 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1603. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2303 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

SEC. 1604. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2304 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1605. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2305 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1606. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2306 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1607. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2307 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1608. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2308 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1609. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2309 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1610. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2310 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1611. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2311 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1612. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; amended by Ord. 206-00, File No. 001229, App. 9/1/2000; redesignated as Sec. 2312 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1613. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2313 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1614. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2314 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1615. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2315 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1616. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2316 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1617. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2317 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 1618. [REDESIGNATED.] (Added by Ord. 39-69, App. 1/28/69; redesignated as Sec. 2318 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2300. DEFINITIONS. Whenever the term "Commission" is used in this Article it shall be deemed to mean the San Francisco Port Commission of the City and County of San Francisco. (Added as Sec. 1600 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

SEC. 2301. LIEN FOR CHARGES; POSSESSION OF GOODS TO SECURE PAYMENT. The charge for wharfage, demurrage and storage is a lien upon all goods landed upon any of the wharves or thoroughfares under the jurisdiction of the Commission, and the Commission, or its agents or lessees, may hold possession of any goods, to secure the payment of wharfage, demurrage or storage. For the purpose of the lien the Commission is deemed to have possession of the goods until the applicable charge is paid. (Added as Sec. 1601 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2302. ENFORCEMENT OF CHARGES; POSSESSION, STORAGE, SALE OF GOODS; OBSTRUCTIONS. For the purpose of enforcing the charge for wharfage, demurrage and storage on goods landed on any wharf or thoroughfare, or remaining thereon longer than the time prescribed by the regulations of the Commission, the Commission may take possession of the goods. If the charge is not paid within two days thereafter, the Commission may remove and store the goods at the risk and expense of the owner or consignee, or it may sell them at public auction, with or without notice. For the purpose of keeping the wharves and thoroughfares free of obstructions, the Commission shall cause a written notice to be served on the owner, agent, consignee, or person in possession of any obstructing material or structure, or it may post a notice thereon requiring its removal within 24 hours thereafter; and on failure to comply, the Commission may remove, store, or sell them at public auction. The sale shall be made subject to immediate removal. From the proceeds of any sale, the Commission shall retail all the wharfage and tolls due, plus 10 percent, and in case of obstructions, $25 for each day during which the wharf or thoroughfare has been obstructed, and also all the expenses attending the sale. The surplus, if any, shall be paid to the proper person. (Added as Sec. 1602 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2303. DISCHARGE OR RECEIPT OF MERCHANDISE WITHOUT PAYMENT OF WHARFAGE AS MISDEMEANOR. Every master, agent, or owner of any vessel, and every owner, agent, or manager of any railroad car, who discharges from or receives on or allows to be discharged from or received on the vessel or car any merchandise or other article, before the wharfage thereon has been paid, is guilty of a misdemeanor. The warrant of arrest may be discharged at any time before trial by the payment of the wharfage on the goods wrongfully discharged or received, together with the cost of the legal proceedings. A receipt for wharfage, signed by a wharfinger or other proper officer of the Commission, is the only evidence of payment. (Added as Sec. 1603 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2304. GUARANTY OF PAYMENT OF WHARFAGE. The Commission may, by written permit, release a person from the obligation to pay wharfage before the discharge or receipt of merchandise or other articles as required by this article if, before any part of the goods is discharged or received a proper and sufficient guaranty in writing is given to the Commission for the payment of all wharfage. This guaranty is an original obligation on the part of the guarantor, and no consideration need exist or be expressed other than the acceptance of the permit. (Added as Sec. 1604 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2305. DEPOSITING SUBSTANCES IN HARBOR WITHOUT PERMISSION PROHIBITED; FORM AND CONTENT OF PERMISSION. Every person, who deposits or causes to be deposited, in the waters of the harbor of San Francisco, which are subject to the jurisdiction of the Commission, any substance which will sink and form an obstruction to navigation, without first obtaining permission, in writing, of the

Commission, which permission shall be recorded by the Secretary and shall describe, with an ordinary degree of certainty, the place where the deposit may be made, is guilty of a misdemeanor. (Added as Sec. 1605 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2306. OBSTRUCTIONS PROHIBITED. A person shall not place, or cause to be placed, any obstruction upon any wharf or thoroughfare under the jurisdiction of the Commission. (Added as Sec. 1606 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2307. NOTICE TO REMOVE OBSTRUCTIONS; SERVICE. Whenever any wharf or thoroughfare in the harbor of San Francisco is incumbered, or its free use is interfered with, by goods or other substance, whether loose, or built upon, or fixed to any wharf or thoroughfare, the Commission shall notify, in writing, the owner, agent, occupant, or person placing or keeping the obstruction thereon, to remove it within twenty-four hours after service of the notice. The notice may be served by a wharfinger, or the Secretary or Assistant Secretary of the Commission. (Added as Sec. 1607 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2308. PENALTY FOR NONCOMPLIANCE; REMOVAL AND STORAGE; LIEN. In case of failure to comply with the notice to remove the obstruction, the owner, agent, occupant, or person notified is liable to pay the Commission the sum of $25 for each day during which the obstruction remains upon any wharf or thoroughfare. The Commission may remove any incumbering substance, and store it in a suitable, convenient, and safe place, and a sum equal to the amount of the expenses of the removal, together with all other necessary charges, shall be paid by the owner to the Commission, and is a lien on the substance until paid. (Added as Sec. 1608 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2309. UNAUTHORIZED COLLECTIONS AND OTHER ACTIVITIES AS MISDEMEANOR. Every person who collects any toll, wharfage, or docking, or lands, ships, or removes any property upon or from any portion of the waterfront of San Francisco, or from or upon any of the wharves under the control of the Commission, without being by the Commission authorized so to do, is guilty of a misdemeanor. (Added as Sec. 1609 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2310. AVOIDANCE OF TOLLS; PENALTY. Every person who, by false returns, or in any manner, avoids the payment of all or any portion of any tolls (wharfage) which may be due to the Commission, from any source or cause, as provided for by law and the rules and regulations of the Commission, is liable for and shall pay to the Commission twice the amount of tolls (wharfage), and in addition the sum of $10. (Added as Sec. 1610 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2311. REMOVAL AT DIRECTION OF WHARFINGER. Coal screens, donkey engines, stevedores' tools and appliances, merchandise, vehicles, or structures, must be removed from the wharves

and other property under the jurisdiction of the Commission when directed by the wharfinger. (Added as Sec. 1611 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2312. NONCOMPLIANCE WITH ORDERS OF COMMISSION AS MISDEMEANOR OR INFRACTION. Penalties. Every master, agent, or owner of any vessel, who does not obey the lawful orders or directions of the Commission in any matter pertaining to the regulations of the harbor, or the removal or stationing of any vessel shall be deemed guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney; provided, however, that whenever a person has been arrested and incarcerated based solely on the violation or violations of this Code, he or she shall retain the right at the time of arraignment or plea to object to the offense being made an infraction, in which event the complaint shall be amended to charge the misdemeanor and the case shall proceed on the misdemeanor complaint. Upon convictions of a violation charged as an infraction, the person so convicted shall be punished for the first offense by a fine of not less than $50 nor more than $100, and for a second and each additional offense by a fine of not less than $150 nor more than $250. Upon conviction of a violation charged as a misdemeanor, the person so convicted shall be punished by a fine of not more than $500 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Added as Sec. 1612 by Ord. 39-69, App. 1/28/69; amended by Ord. 206-00, File No. 001229, App. 9/1/2000; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2313. OPERATION OF MOTOR VEHICLES ON WHARVES. (a) No motor vehicles, except those engaged in the transportation of property or passengers, shall be allowed to enter any wharf; provided, however, that nothing in this paragraph is to be construed as prohibiting access to the wharves and piers by emergency vehicles, or motor vehicles owned by or operated under the jurisdiction of the Commission. (b) No motor vehicles in an unsafe or dangerous condition shall be allowed on any wharf. (c) No motor vehicle fuel tank shall be refilled on any wharf. (d) No motor vehicle, when actually engaged in transporting, loading, or unloading freight or passengers, shall be allowed to remain on any wharf or other property for an unreasonable length of time. (e) No motor vehicle shall be allowed to park on any wharf, without permission of the Commission. (Added as Sec. 1613 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2314. OPERATION OF VESSELS. All vessels at any wharf or within any slip, channel, basin, or canal must have on board at all times at least one person in charge who has the authority to take such action as may be required by any emergency or as may be ordered or directed by any competent authority. A vessel must shift or go into the stream at its own expense whenever it is ordered to do so by the Chief Wharfinger, or a duty authorized representative of the Commission, either of whom shall have the power to enforce the removal of the vessel at its own expense at any time. (Added as Sec. 1614 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2315. PERMISSION TO BOARD VESSEL. As a condition to the use by any vessel, of any slip, channel, basin, canal, wharf, or other port facility, the Chief Wharfinger, Wharfinger, Fire Marshal, or other duly authorized representative of the Commission, must be permitted to go aboard such vessel to ascertain the kind and quantity of cargo thereon, any other necessary information, and whether the rules and regulations of the Commission are being complied with; and no person shall hinder or molest any one so authorized, or refuse to allow him to go aboard any vessel for the purposes specified in this Section. (Added as Sec. 1615 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

SEC. 2316. AUTHORITY OF POLICE TO BOARD VESSEL. As a condition to the use by any vessel of any property under the jurisdiction of the Commission, the Police must be permitted to board any vessel for police purposes. No person shall hinder or molest any one so authorized, or refuse to allow him to go aboard any vessel for the purposes specified in this Section. (Added as Sec. 1616 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2317. MOVING OF VESSEL BY COMMISSION. If the master agent or owner of a vessel of 1,000 gross tons or under refuses or fails to move the vessel upon the request of the Commission whenever, in the judgment of the Commission, an emergency or the maintenance or operation of the port necessitates the move, the Commission may move or provide for the moving of, the vessel from any wharf, slip, dock or other place under its jurisdiction to any other suitable place under its jurisdiction. Any removal pursuant to this Section shall be at the expense and risk of the owner of the vessel, and without any liability on the Commission if the Commission acts with due care. (Added as Sec. 1617 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018) SEC. 2318. VIOLATIONS; PENALTY; ENFORCEMENT. Violators of any provision of this Article may be denied the use of any wharf by the Commission. The Commission is further given the right to remove from any wharf, at the expense of, and warehouse for the account of, the owner, any motor or other vehicle violating any of the provisions of this Article. All wharfingers and the Police are authorized to strictly enforce the provisions of this Article and all motor and other vehicles must comply at all times with orders or directions given by either the wharfingers or the Police. (Added as Sec. 1618 by Ord. 39-69, App. 1/28/69; redesignated by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)