San Francisco County Municipal Code Art. 2 Definitions

Sec. 2.01. "Park" Defined. Sec. 2.02. "Commission" Defined. Sec. 2.03. "General Manager" Defined. Sec. 2.04. "Superintendent of Recreation and Superintendent of Parks" Defined. Sec. 2.05. "Person" Defined. Sec. 2.06. "Sign" Defined. Sec. 2.07. "Vehicle" Defined. Sec. 2.08. "Sightseeing Bus" Defined. Sec. 2.09. "Park Patrol" Defined. Sec. 2.10. “Veteran” 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and direction of the Transbay Joint Powers Authority (TJPA), provided that the TJPA Board of Directors has not rescinded or revoked the TJPA resolution of consent to the enforcement of the Park Code for the Transbay Rooftop Park, which is on file with the Clerk of the Board of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.

When used in this Code, the word "Commission" refers to the Recreation and Park Commission of the City and County of San Francisco. (Added by Ord. 603-81, App. 12/18/81)

When used in this Code, the words "General Manager" refer to the General Manager appointed by the Recreation and Park Commission pursuant to the Charter of the City and County of San Francisco or to a person designated by the General Manager to act on his or her behalf. (Added by Ord. 603-81, App. 12/18/81)

SUPERINTENDENT OF PARKS" DEFINED. When used in this Code, the words "Superintendent of Recreation" and "Superintendent of Parks" refer to the Superintendent of Recreation and Superintendent of Parks appointed by the General Manager, subject to the approval of the Commission, pursuant to the Charter of the City and County of San Francisco, or to persons designated to act on behalf of the Superintendent of Recreation or the Superintendent of Parks. (Added by Ord. 603-81, App. 12/18/81)

The word "person" when used in this Code shall mean and include any person, association, partnership, firm or corporation. (Added by Ord. 603-81, App. 12/18/81)

The word "sign" when used in this Code shall mean any literal, pictorial or symbolic representation, including, but not limited to, a written, printed, photocopied or painted message on any paper, cardboard, wood, metal, cloth, or other flat surface. (Added by Ord. 603-81, App. 12/18/81)

When used in this Code, the word "vehicle" shall mean any device, in, upon, or by which a person or property is or may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks, and shall include, but not be limited to, the following: automobile, truck, motorcycle, motor-driven cycle, animal-drawn carriage, buckboard, cart, and minibike or bicycle when operated under engine power. (Added by Ord. 603-81, App. 12/18/81)

When used in this Code, the words "sightseeing bus" shall mean any motor-propelled passenger-carrying vehicle for hire (other than a vehicle operated by the San Francisco Municipal Railway), used in the conveyance, for hire, of tourists and sightseers, over the public streets, for the purpose of a sightseeing trip or tour in the visiting and viewing of places of interest. (Added by Ord. 603-81, App. 12/18/81)

When used in this Code, the words "Park Patrol" refer to persons hired as employees of the Recreation and Park Department to patrol the areas under the jurisdiction of the Commission or any other areas that the Recreation and Park Department is managing for recreational purposes. (Added by Ord. 603-81, App. 12/18/81; amended by Ord. 103-13 , File No. 130226, App. 6/13/2013, Eff. 7/13/2013) Editor's Note: This section was amended 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.

(a) When used in this Code, the word “Veteran” shall mean a person who is currently serving in the active military, naval, air, or space service, or who has completed such service and was discharged or released therefrom under conditions other than dishonorable consistent with Section 101(2) of Title 38 of the United States Code, as it may be amended from time to time; and provided further, that for purposes of Sections 12.01, 12.02, 12.07, 12.40, and 12.41 of this Code only, the term “Veteran” shall only apply to such persons who are residents of the City and County of San Francisco 1

(b) The proviso in subsection (a) that excludes non-San Francisco residents from certain discounts that the City has approved for Veterans shall expire by operation of law if and when the Controller certifies, in writing, to the Recreation and Park Department General Manager, that the City has enacted an ordinance appropriating monies necessary to fund discounts for one year for non-San Francisco residents who otherwise meet the definition of “Veteran.” Following said certification, the City Attorney shall cause this subsection (b), and the proviso in subsection (a), to be removed from the Code. (Added by Ord. 238-21, File No. 211095, App. 12/21/2021, Eff. 1/21/2022; amended by Ord. 45-22, File No. 211295, App. 3/22/2022, Eff. 4/22/2022) CODIFICATION NOTE

1. So in Ord. 238-21.