Section 3.09 is here:
Full text of "San Francisco Park Code" and it states the following word for word:
SEC. 3.09. AIRPLANES, HELICOPTERS,
HOT AIR BALLOONS, ETC. PROHIBITED.
No person shall launch nor land any air-
plane, helicopter, parachute, hang glider, hot air
balloon, nor any other machine or apparatus of
aviation in any park, nor shall any person bring
into any park any balloon with a diameter of
more than six feet or a gas capacity of more than
115 cubic feet, without permission of the Recre-
ation and Park Department. This Section shall
not be applicable to a helicopter being used to
transport persons or supplies because of an emer-
gency situation. (Added by Ord. 603-81, App.
12/18/81)
A. At first I was thinking that drones fall into the "apparatus of aviation," however if you look at the examples (helicopter, plane, parachute, ect), those are all vehicles or apparatus that are attached to a person. It doesn't specify model aircraft. If the code is going to be consistent with those of other cities (and I've seen quite a few as I've been researching this like a crazy person), it would have its own category which include model aircraft, meaning something that is small scale and operated by an individual who is NOT physically attached to the apparatus.
This section was from 1981. Back then we didn't have RC helicopters, at least not being offered on the consumer level to a degree that would warrant it's own section of the code. Like cities have admitted, the code hasn't caught up to the technology. However, if iron man came by, he would be prohibited from Golden Gate Park if he wore his suit since he's attached to the apparatus.
3.09 doesn't apply to model aircraft or small scale aircraft as far as it appears.
B. Notice it also only says that we can't launch nor land. Again, if this code was going to be stay consistent with how other city codes are presented, it would say "in" or "through". So technically speaking, we can fly above Golden Gate Park if we don't take of or land there.
C. FAA regulations still apply in that we need to stay under 400' of our takeoff point and can't fly over people nor within 25' of a person (whether above or to the side of).
D. Another reason why I don't see that Section 3.09 applies to us is the absent mention of "motorized". Other city codes that prohibit drone use will specifically indicate whether the restriction is on "motorized" apparatus, "non-motorized," either or both. There's no mention of it in Section 3.09 at all one way or the other.