§ 2.01 — "PARK" DEFINED

SEC. 2.01. "PARK" DEFINED.

When used in this Code, the word “park” shall mean and include all of the following: (a) All grounds, roadways, avenues, squares, recreation facilities, and other property placed under the control, management, and direction of the Recreation and Park Commission by the Charter of the City and County of San Francisco; (b) Certain areas as defined below: (1) The open space on the blocks bounded by Market, Folsom, Third, and Fourth Streets which is under the control, management, and direction of the Real Estate Division, otherwise known as the “Yerba Buena Gardens”; (2) The open space generally known as the “Transbay Rooftop Park” which is located on the roof of the facility located on the blocks bounded by Mission, Beale, Howard, and Second Streets, and which is under the ownership, control, management, and direction of the Transbay Joint Powers Authority (TJPA), provided that the TJPA Board of Directors has not rescinded or revoked the TJPA resolution of consent to the enforcement of the Park Code for the Transbay Rooftop Park, which is on file with the Clerk of the Board of Supervisors in File No. 180087; (3) For purposes of Articles 3, 4, 5 and 7 of this Code only, the area comprising Fulton Street between Hyde and Market Streets and Leavenworth Street between McAllister and Fulton Streets, which area was closed to vehicular traffic by Board of Supervisors Resolution No. 373-73 and is defined in Administrative Code Section 1.58 as United Nations Plaza, and the area that is bounded by the northwesterly line of Market Street, the southerly line of Eddy Street and the westerly line of Lot 13, Assessor’s Block 341, and is defined in Administrative Code Section 1.58 as Hallidie Plaza; and (4) For purposes of Articles 3, 4, 5 and 6 of this Code only, parks and open space on Treasure Island and Yerba Buena Island designated by the Treasure Island Development Authority Board for public recreational use. Issuance of permits for these parks and open spaces shall be the responsibility of the Treasure Island Development Authority unless otherwise agreed upon by the Treasure Island Development Authority and the Recreation and Park Department through a memorandum of understanding or similar written agreement. (c) Property that the Department is operating for recreational purposes under a lease, memorandum of understanding, or similar written agreement, for the duration of said agreement, as follows: (1) The portions of property property1 owned by the State of California immediately under and adjacent to the portions of the Central Freeway located between Otis and Stevenson Streets and between Valencia and Stevenson Streets and partially bounded by Duboce Avenue referred to as “SoMa West Skatepark and Dog Park,” as authorized under Board of Supervisors Resolution Nos. 160-13 and 161-13,.1 Specifically, this portion includes the area depicted in leases with the City as the “skatepark” and the “dog park,”,1 but not the portion of the leased property depicted in such leases as the “parking area”; (2) The properties that the Department is managing and operating pursuant to an agreement with the Office of Community Investment and Infrastructure, which properties are part of the Mission Bay Parks and are depicted on the map on file with the Clerk of the Board of Supervisors in File No. 231132 as parcels NP1-NP5, 1-3, 5-6, 16-17, and 26 (exclusive of areas within Port jurisdiction not otherwise subject to the Park Code); and (3) Except as otherwise specified in this Section 2.01, any other property that the Department is operating for recreational purposes under a lease, memorandum of understanding, or similar written agreement, for the duration of and to the extent permitted by said agreement; provided, however, that the Recreation and Park Commission must first adopt a resolution at a public hearing to approve the agreement and to authorize the Park Code to apply. Consistent with Section 4.104 of the Charter, the Commission shall provide at least 10 days’ public notice of said hearing. (d) In designating property as a “park” under subsection (b) or (c), the Board of Supervisors does not intend to place such property under the jurisdiction or control of the Recreation and Park Commission within the meaning of Charter Section 4.113; to affect or impair any other legal restrictions that may apply to the property; or to impose this Code on the State of California or its employees, agents, or contractors while they are engaging in the course and scope of their employment on the property. (Added by Ord. 603-81, App. 12/18/81; amended by Ord. 370-94, App. 11/4/94; Ord. 17-99, App. 2/12/99; Ord. 103-13 , File No. 130226, App. 6/13/2013, Eff. 7/13/2013; Ord. 56-18, File No. 180087, App. 4/13/2018, Eff. 5/14/2018; Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; Ord. 121-25, File No. 250517, App. 7/23/2025, Eff. 8/23/2025) CODIFICATION NOTE 1. So in Ord. 121-25 Editor's Note: Division (c) was added to this section by Ord. 103-13. Section 6(b) of that ordinance provides that "[t]his Ordinance shall become operative only upon approval by the Board of Supervisors of the resolutions referenced in Section 3 of this Ordinance on file with the Clerk of the Board of Supervisors in File No. 130384 and File No. 130385." Those resolutions, under the numbers 160-13 and 161-13, were adopted by the Board of Supervisors on May 21, 2013.