§ 94A.7. OPERATIONAL REQUIREMENTS.

(a) Applicability of Requirements. The Operational Requirements set forth in subsection (b) below shall apply to all People Places except as follows:

(1) The applicability of the Operational Requirements to a People Place within the jurisdiction of the MTA requires the MTA’s approval.

(2) One or more of the Operational Requirements may not be warranted or appropriate for a particular People Place or event occurring at a People Place, due to special circumstances. In such situations, the Director of Real Estate (for a City Lot People Place) or the Director of Public Works (for a People Place on a portion of the public right-of-way within the jurisdiction of Public Works) may grant a non-material exception or other minor amendment to the Good Neighbor Policies set forth in subsection (b)(8) or to waive or modify one or more of the other Operational Requirements if the Director finds, in his or her sole discretion, that the Requirement is not warranted or appropriate for a particular People Place or event and that the public interest would be served by granting the waiver or exception. Additional regulations for a City Lot People Place may be adopted by the Director of Real Estate pursuant to the Director’s authority under Section 94A.8(g); additional regulations for a People Place on the public right-of-way may be adopted by the Director of Public Works pursuant to the Director’s authority under Section 793.3(a) of the Public Works Code.

(b) Operational Requirements.

(1) Public Accessibility. Unless authorized as a restricted access event, all People Places shall remain accessible to the public.

(2) Peddling and Vending Merchandise. No person shall bring, or cause to be brought, for the purposes of sale or barter, or have for sale, or sell in exchange, or offer for sale or exchange any goods, wares, or merchandise in the People Place unless the City has issued any required permit or other authorization. Notwithstanding the previous sentence, the sale or distribution of newspapers, periodicals, or other printed or otherwise expressive material is allowed subject to the applicable requirements of the Public Works Code.

(3) Performance of Labor. No person, other than authorized City personnel, shall perform any labor on or upon a City Lot People Place, including, but not limited to, taking up or replacing soil, turf, ground, pavement, structures, trees, shrubs, plants, grass, flowers, or similar activities without prior permission from (A) the Director of Real Estate for City Lot People Places, and (B) the Director of Public Works for Sidewalk, Curbside, or Roadway People Places. Such permission shall be specified in the People Place Permit.

(4) Camping Prohibited. The provisions of Park Code Section 3.12 concerning camping shall apply to all People Places. The Director of Real Estate shall administer those provisions for City Lot People Places, and Public Works shall administer them for Sidewalk, Curbside, or Roadway People Places.

(5) No Unpermitted Structures Allowed. There shall be no stationing or erecting of any structure on a People Place without prior permission from (A) the Director of Real Estate for City Lot People Places, (B) the Director of Public Works for Sidewalk, Curbside, or Roadway People Places, and/or (C) Director of Transportation for any People Place within the MTA’s jurisdiction. Such permission shall be specified in the People Place Permit.

(6) Smoking Prohibited. Pursuant to Article 19I of the Health Code, smoking is prohibited on any unenclosed area of property in the City that is under the jurisdiction of any City department if the property is a park, square, garden, sport or playing field, pier, or other property used for recreational purposes or as a farmers’ market. Given the use of the subject areas as an outdoor public People Place, this prohibition on smoking shall apply to all People Places.

(7) Other Restrictions.

(A) No skateboarding, bicycle riding, or pets off leash is allowed without prior permission from (i) the Director of Real Estate for City Lot People Places or (ii) the Director of Public Works for Sidewalk, Curbside, or Roadway People Places. Such permission shall be specified in the People Place Permit.

(B) No littering, feeding of wildlife, or defacing of public property is allowed.

(C) No alcohol may be consumed without prior permission from all required City and State authorities, as well as from (i) the Director of Real Estate for City Lot People Places or (ii) the Director of Public Works for Sidewalk, Curbside, or Roadway People Places.

(D) General Advertising, as defined in Article 6 of the Planning Code, is prohibited.

(8) Good Neighbor Policies. Stewards of all People Place Categories shall manage the People Place in accordance with the following good neighbor policies during the times of use set forth in the People Place Permit:

(A) The safety and cleanliness of the People Place and its adjacent area within 100-foot radius shall be maintained;

(B) Proper and adequate storage and disposal of debris and garbage shall be provided;

(C) Noise and odors, unless otherwise permitted, shall be contained within the immediate area of the People Place so as not to be a nuisance or annoyance to neighbors;

(D) Notices shall be prominently displayed during events that urge patrons to leave the People Place premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. Such notices shall be removed after each event; and,

(E) The Steward or its employees or volunteers shall walk a 100-foot radius from the People Place within 30 minutes after programmed events have concluded and shall pick up and dispose of any discarded trash left by patrons.

(9) Additional Operational Requirements.

(A) Because People Places are intended to be publically accessible open spaces, private dining and table service shall not be permitted in Sidewalk People Places, Curbside People Places, or Roadway People Places in the course of day-to-day operations.

(B) Regulations or operational requirements required by the MTA pursuant to Article 1200, Division II of the Transportation Code shall be imposed as a condition of approval of a People Place Permit.

(C) Additional operational requirements tailored to a People Place in specific locations, including but not limited to hours of operation, may be imposed as a condition of approval of a People Place Permit.

(Added by Ord. , File No. 160893, App. 11/22/2016, Eff. 12/22/2016)