(a) When used in this Code, the word “park” shall mean and include (1) 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; (2) the open space on the blocks bounded by Market, Folsom, Third, and Fourth Streets which is under the control, management, and direction of the Redevelopment Agency of the City and County of San Francisco, otherwise known as the “Yerba Buena Gardens;” and (3) 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and direction of the Transbay Joint Powers Authority (TJPA), provided that the TJPA Board of Directors has not rescinded or revoked the TJPA resolution of consent to the enforcement of the Park Code for the Transbay Rooftop Park, which is on file with the Clerk of the Board of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. The foregoing definitions of the word “park” shall not apply where such word is otherwise defined within the section in which it appears. In addition, the designation of Yerba Buena Gardens and the Transbay Rooftop Park as “parks” for purposes of this Code does not effect a jurisdictional transfer of either property, does not place either property under the jurisdiction and control of the Recreation and Park Commission, does not render either property “park land” or “park property” as those terms are used in any provision of the Charter, and does not entitle the City and County of San Francisco to receive revenues that may be generated by either property.
(b) When used in Articles 3, 4 and 7 of this Code, the word "park" shall also include 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 San Francisco Board of Supervisors Resolution No. 373-73 and is otherwise known 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 otherwise known as Hallidie Plaza. The designation of United Nations Plaza and Hallidie Plaza as parks for purposes of Articles 3, 4 and 7 of this Code does not effect a jurisdictional transfer of these plazas, does not place these plazas under the jurisdiction and control of the Recreation and Park Commission and does not render these plazas "park land" or "park property" as those terms are used in any provision of the San Francisco Charter.
(c) When used in this Code, the word "park" also shall include portions of property 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," to the extent such property is (1) leased by the City under leases with the State of California, acting by and through its Department of Transportation, authorized under San Francisco Board of Supervisors Resolution No. 160-13 and Resolution No. 161-13, and (2) depicted in such leases as the "skatepark" and the "dog park." The word "park" shall not include the portion of the leased property depicted in such leases as the "parking area." In designating SoMa West Skatepark and Dog Park as a "park" for purposes of this Code, the Board of Supervisors does not intend to place the leased property under the jurisdiction and control of the Recreation and Park Commission within the meaning of Charter Section 4.113, dedicate any of the leased property as "park land" or "park property" as those terms are used in any provision of the San Francisco Charter, or impose this Code on the State of California or its employees, agents, or contractors while engaging in the course and scope of their employment on the leased property. Rather, the intent is to authorize the Recreation and Park Department to manage the SoMa West Skatepark and Dog Park for the Real Estate Division for recreational use by the public and enforce the provisions of this Code on uses of the SoMa West Skatepark and Dog Park by the public, only while the leases referred to herein remain in effect.
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.
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.