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(a) Persons may enter and use any park from 5:00 a.m. to midnight daily, provided that the Department may set different hours in a permit, contract or lease. This subsection shall not apply to buildings, such as recreation centers, restrooms and clubhouses, or to athletic fields, which may have different hours of operation, as determined by the General Manager or the Commission, as the case may be.
(b) Notwithstanding the provisions of subsection (a), the Commission may by resolution and at any time set different hours of operation for any park or part thereof, based on operational requirements or neighborhood impacts.
(c) No person shall enter or remain in any park without the permission of the Department outside of the hours open to the public as set in subsection (a) or under subsection (b), except that:
(1) In the case of Balboa Park, Golden Gate Park, Lincoln Park, and McLaren Park, persons may use a vehicle (including but not limited to a car, truck, bicycle and motorcycle) on the roadway(s) in those parks or walk on paved sidewalks immediately adjacent to such roadways, at any time for purposes of transversing the park only;
(2) In the case of the Panhandle, persons may walk or ride a bicycle on the bike paths at any time for purposes of transversing the park only; and,
(3) In the case of Union Square, Civic Center Plaza, and Justin Herman Plaza, persons may walk on the paved portions of those plazas at any time for purposes of transversing the plaza only.
(d) (1) Except as provided in subsection (2), a violation of subsection (c) shall be subject to the penalties set forth in Park Code Article 10.
(2) A person who is found sleeping in a park outside of the hours open to the public in violation of subsection (c) shall not be cited under this section for being present in the park while sleeping. Such a person may be cited only under Section 3.13 of this Code.
(e) The Department shall post the hours for each park (1) at the park in a location designed to provide notice to members of the public, and (2) on the Department's website.
(f) The Department shall issue an annual report to the Board of Supervisors and Mayor by September 1 of each year providing the following information for the preceding fiscal year: (1) the number of citations issued by the Police Department and Park Patrol for violations of this section and the age and race of individuals cited, (2) the Department's costs for repairs and maintenance, including graffiti abatement, resulting from vandalism in parks, and (3) the Department's costs associated with enforcing this section.
(g) Nothing in this section shall limit the authority of the General Manager and the Commission under section 3.03 of this Code.
(Added by Ord. 265-13 , File No. 130766, App. 11/27/2013, Eff. 12/27/2013)