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ARTICLE 4: DISORDERLY CONDUCT
Sec. 4.01. Disorderly Conduct.
Sec. 4.02. Swimming Restrictions.
Sec. 4.03. Polluting Waters Prohibited.
Sec. 4.04. Littering and Dumping of Waste Matter Prohibited.
Sec. 4.05. Malicious Destruction of Property.
Sec. 4.06. Removal of Trees, Wood, Etc.
Sec. 4.07. Penalties for Violation of Section 4.06.
Sec. 4.08. Interference with Recreation and Park Employees.
Sec. 4.09. Certain Acts Prohibited– Candlestick, Kezar.
Sec. 4.10. Alcoholic Beverages.
Sec. 4.11. Persons Intoxicated by Alcohol or Drugs May Be Excluded.
Sec. 4.12. Persons May Be Excluded Under Certain Circumstances.
Sec. 4.13. Refusal to Obey Lawful Order.
Sec. 4.14. Fighting, Disturbing Peace, Offensive Words.
Sec. 4.15. Intoxication by Alcohol or Drugs.
Sec. 4.16. Minors, Parents and Guardians of.
Sec. 4.17. Skateboard Safety Requirements.
SEC. 4.01. .
No person shall, in any park. without permission of the Recreation and Park Department:
(a) Throw or propel objects of a potentially dangerous nature, including, but not limited to, stones, bottles, glass, cans or crockery;
(b) Fire or carry firearms of any size or description, or possess any instrument, appliance or substance designed, made or adopted for use primarily as a weapon, including, but not limited to, slingshots, clubs, swords, razors, billies, explosives, dirk knives, bowie knives or similar knives, except that this subsection shall not apply to a police or other peace officer;
(c) Fire or carry any firecracker, rocket, torpedo or other fireworks of any description (this subsection shall not be deemed to contradict any provisions contained in Chapter VIII (Police Code) of the San Francisco Municipal Code);
(d) Carry or use a model airplane which is powered by liquid fuel or designed to be used with such fuel;
(e) Make, kindle, maintain or in any way use a fire except at places provided, designated and maintained by the Recreation and Park Department for such use;
(f) Climb or lie upon any tree, shrub, monument, wall, fence, shelter, fountain, statute, building, construction or structure;
(g) Emit, eject, or cause to be deposited any excreta of the human body, except in proper receptacles designated for such purposes;
(h) Expose his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region or any portion of the female breast at or below the areola thereof, except that this section shall not apply to children under the age of five years;
(i) Enter a restroom or toilet set apart for use of the opposite sex, except children under the age of five years accompanied by a parent or guardian and duly authorized personnel for the purpose of inspection, maintenance or repair;
(j) Gain or attempt admittance to facilities in any park where a charge is made, without paying that charge;
(k) Play any percussion instrument, including drums, at any time or location prohibited by resolution of the Recreation and Park Commission when a sign has been posted in the area affected to give notice of this prohibition, provided that such resolution does not unreasonably curtail the playing of such instruments in any area of the city.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.02. SWIMMING RESTRICTIONS.
No person shall enter, wade or swim in the waters of any lake, pond, pool, tank, fountain or reservoir in any park except where permitted by regulation or special permission of the Recreation and Park Department.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.03. POLLUTING WATERS PROHIBITED.
No person shall throw or place, or cause to be thrown or placed, any garbage, trash, refuse, paper, container, or nauseous or offensive matter into any pool, pond, tank, or fountain in any park.
In addition, attention is called the fact that state law prohibits the littering or dumping of waste into lakes and other bodies of water.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.04. LITTERING AND DUMPING OF WASTE MATTER PROHIBITED.
Attention is called to the fact that state law prohibits the littering or dumping of waste matter in any public park.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.05. MALICIOUS DESTRUCTION OF PROPERTY.
Attention is called to the fact that state law prohibits the malicious defacement, damage or destruction of real or personal property.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.06. REMOVAL OF TREES, WOOD, ETC.
No person shall remove or take away any tree, wood, bush, turf, shrub, flower, plant, grass, soil, rock, or anything of like kind from any park without permission of the Recreation and Park Department.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.07. PENALTIES FOR VIOLATION OF SECTION 4.06.
(a) Any person convicted of a violation of Section 4.06 of this Code shall be punished by a mandatory fine of not less than $50 nor more than $500 upon a first conviction, by a mandatory fine of not less than $100 nor more than $500 upon a second conviction and by a mandatory fine of not less than $150 nor more than $500 upon a third or subsequent conviction.
(b) The court shall, in addition, impose a civil penalty of an amount necessary to reimburse the Recreation and Park Department for the value of the tree, wood, bush, turf, shrub, flower, plant, grass, soil. compost, rock, water or other material removed as well as any labor expended to replant or otherwise restore the area affected. Any revenue collected as a civil penalty pursuant to this Section shall be credited to the Recreation and Park Department.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.08. INTERFERENCE WITH RECREATION AND PARK EMPLOYEES.
No person shall, with malice, interfere with or in any manner hinder any employee of the Recreation and Park Department, the Department of Public Works or a duly authorized contractor while that person is engaged in constructing, repairing, or caring for any portion of the park or is otherwise engaged in the discharge of such employee's duties.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.09. CERTAIN ACTS PROHIBITED– CANDLESTICK, KEZAR.
(a) No person shall bring into or have in his possession within Candlestick Park Stadium, Kezar Stadium or Kezar Pavilion, any canned or bottled beverages or beer tappers, other than any vacuum bottle or other similar reusable container. This provision shall not apply to persons authorized by the Recreation and Park Commission to sell or otherwise make use of canned or bottled beverages within the areas described.
(b) No person shall throw, kick or cause to be thrown or kicked or otherwise placed in motion any ice, liquid, paper, can, bottle, container, cushion or other object within Candlestick Park Stadium, Kezar Stadium or Kezar Pavilion wherein a regularly scheduled athletic contest, exhibition or other special event is being presented.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.10. ALCOHOLIC BEVERAGES.
(a) Except as provided in Subsection 4.10(b), no person shall consume alcoholic beverages of any kind in any building, children's areas, swimming pool, restroom, or any of the following parks or portions of parks:
Alice Chalmers Playground;
Argonne Park;
Bayview Playground;
Bernal Playground;
Boeddeker Park;
Buchanan Street Mall;
Buena Vista Park;
Cayuga Playground;
Chinese Playground;
Civic Center Plaza;
Crocker Amazon Playground;
Duboce Park;
Eureka Valley Recreation Center;
Excelsior Playground;
Franklin Square;
Fulton Park;
Garfield Square;
Gilman Playground;
The areas of Golden Gate Park consisting of:
The Panhandle (bordered by Fell, Baker, Oak and Stanyan Streets),
Stanyan Meadow Area (bordered by JFK Drive, Stanyan Street, Waller Street and Kezar Drive),
Kezar Stadium Park (bordered by Waller Street, Stanyan Street, Frederick Street, Martin Luther King Junior Drive and Kezar Drive);
Sharon Meadow north to John F. Kennedy, Jr. Drive, east to Kezar Drive, south to Kezar Drive, west to the tennis courts and the lawn bowling area;
Hallidie Plaza;
Hamilton Recreation Center;
Hayes Valley Playground;
Holly Park;
Jefferson Square;
Jose Coronado Playground;
Joseph Conrad Square;
Joseph Lee Recreation Center;
Juri Commons Mini Park;
Kimball Playground;
Lang Field;
Laurel Hill Playground;
Lessing Sears Mini Park;
Margaret Hayward Playground;
McKinley Square;
Merced Heights Playground;
Mission Dolores Park;
Mission Playground and Recreation Center;
North Beach Playground;
Oceanview Playground;
Pine Lake Park;
Pioneer Park;
Portsmouth Square;
Potrero del Sol Park;
St. Mary's Recreation Center;
St. Mary's Square;
Silver Terrace Park;
South Park;
Sunnyside Conservatory;
Union Square Park;
United Nations Plaza;
Upper Noe Recreation Center;
Washington Square Park;
Wawona Clubhouse;
West Sunset Playground;
Youngblood Coleman.
(b) The General Manager of the Recreation and Park Department or the Recreation and Park Commission may grant permission to consume alcohol in the parks and portions of parks where such activity is prohibited by Subsection (a), above, if the General Manager or the Commission determines that the consumption of alcohol will not interfere with the public's use and enjoyment of the park. However, neither the General Manager nor the Commission may grant permission to consume alcohol in children's play areas.
(Added by Ord. 603-81, App. 12/18/81; amended by Ord. 370-98, App. 12/18/98; Ord. 238-99, File No. 990682, App. 9/3/99; Ord. 170-00, File No. 000628, App. 7/7/2000; Ord. 228-01, File No. 010589, App. 11/30/2001; Ord. 54-07, File No. 061646, App. 3/23/2007; Ord. 2-08, File No. 070508, § 1, App. 1/14/2008)
SEC. 4.11. PERSONS INTOXICATED BY ALCOHOL OR DRUGS MAY BE EXCLUDED.
Members of the San Francisco Police Department and Recreation and Park Department Employees, including members of the Park Patrol, are authorized to order persons to stay out of, or to leave, any park, or any facility, building or structure therein, when such officers or employees have reasonable cause to conclude that the person so ordered is under the influence of intoxicating liquor, any drug, or any "controlled substance" as that term is defined and described in the California Health and Safety Code, or any combination of any intoxicating liquor, drug, or controlled substance, and is in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others or interferes with or obstructs or prevents the free use of park property.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.12. PERSONS MAY BE EXCLUDED UNDER CERTAIN CIRCUMSTANCES.
Members of the San Francisco Police Department and Recreation and Park Department employees, including members of the Park Patrol, are authorized to order any person to stay out of or to leave any park, or any facility, building or structure therein, when such officers or employees have reasonable cause to conclude that the person:
(a) Is consuming alcoholic beverages in violation of Section 4.10 of this Code;
(b) Is using any drug or controlled substance, as defined above, or any combination of any intoxicating liquor, drug, or controlled substance; or
(c) Is doing any act injurious to any park or any building, structure or facility therein;
(d) While using any athletic facility or area, disobeys any rule or regulation governing such area or facility after being warned not to do so by a Recreation and Park Department employee, including members of the Park Patrol, when the employee has reasonable cause to conclude that such behavior damages or risks damage to park property or interferes with the use and enjoyment of such area or facility by other persons; or
(e) Behaves in so noisy, boisterous or rowdy a manner as to disturb spectators or participants at an athletic event.
(Added by Ord. 603-81, App. 12/18/81; amended by Ord. 79-00, File No. 981556, App. 5/5/2000)
SEC. 4.13. REFUSAL TO OBEY LAWFUL ORDER.
It shall be unlawful for any person to refuse to obey the lawful order of a police officer or an employee of the Recreation and Park Department made pursuant to Section 4.14 of this Code.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.14. FIGHTING, DISTURBING PEACE, OFFENSIVE WORDS.
Attention is called to the fact that State law prohibits unlawful fighting in public places, the malicious and wilful disturbance of others by loud and unreasonable noise, and the use of offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.15. INTOXICATION BY ALCOHOL OR DRUGS.
Attention is called to the fact that State law provides that any person in a public place who is under the influence of intoxicating liquor, drugs, or certain specified substances and endangers himself or others or interferes with the free use of a public way is guilty of disorderly conduct.
(Added by Ord. 603-81, App. 12/18/81)
SEC. 4.16. MINORS, PARENTS AND GUARDIANS OF.
No parent, guardian or custodian of a minor shall permit or allow such minor to do any act or thing in any park prohibited by the provisions of this Code.