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Durham, NC Curfew Laws: Park Curfew (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Trigger
Posted closing-time notice by rec department
Violation type
Trespass and misdemeanor
Lock/barrier removal
Separate trespass violation
Exception
City employees on official duty
Standard penalty
Class 3 misdemeanor, up to $50 fine

Summary

Once Durham's Department of Recreation posts a closing-time notice for a park or recreational area, being there after that hour is a trespass, and removing a lock or barrier installed to block access is a separate trespass, both punishable as misdemeanors under Sec. 38-8.

In every case in which the department of recreation has posted a notice setting forth the closing time of a particular area, it shall be unlawful for any person to use or be in or on any such park or recreational area or facility after the closing hour set forth on the notice applying to the particular area. The use by, or presence of, any person in such park or recreational area or facility for any purpose after the closing hour applying to such area shall constitute a trespass. This section shall not be construed to apply to persons in or upon such areas in pursuance of or in connection with their official duties. ... It shall be unlawful and shall constitute a trespass for any unauthorized person to remove a lock or a barrier installed to prohibit access into a park facility without written permission for that removal by the department of recreation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

Section 38-8(a) applies wherever the Department of Recreation has posted a notice setting the closing time for a particular park or recreational area or facility; using or being present there after the posted closing hour is unlawful and constitutes a trespass, though the section does not apply to people present in connection with their official duties. Section 38-8(b) separately makes it unlawful and a trespass for an unauthorized person to remove a lock or barrier installed to block access into a park facility without written permission from the Department of Recreation, with the same carve-out for city employees acting within their job duties.

An editor's note in the code explains the section was originally titled "Use of or entrance into closed facility" until a 2007 amendment (Ord. No. 13460) renamed it "Use after closing hours; removing locks and barriers"; it was most recently touched by the 2022 code-wide renumbering ordinance (Ord. No. 15982). The same chapter regulates other park conduct enforced the same way, including bans on hitting golf balls (Sec. 38-9), horseback riding outside designated bridle paths (Sec. 38-10), flying model airplanes (Sec. 38-11), and breaking glass bottles (Sec. 38-13), all carrying the same misdemeanor remedy.

Violations & Fines

Being present in or on a Durham park or recreational facility after its posted closing hour, or removing a lock or barrier without the Department of Recreation's written permission, is a trespass and a misdemeanor under Sec. 38-8(c), carrying the general Class 3 misdemeanor penalty of Sec. 1-8(a): up to a $50 fine (unless a section states a higher amount) and up to 20 days imprisonment, with no fine ever exceeding $500.

Frequently Asked Questions

Can I get in trouble for being in a Durham park after closing?
Yes. Once the Department of Recreation posts a notice setting the closing time for a park or recreational area, staying there after that hour is a trespass and a misdemeanor under Section 38-8(a).
What if a Durham park gate is locked and I remove the lock?
That's a separate violation. Section 38-8(b) makes it unlawful and a trespass for anyone without written permission from the Department of Recreation to remove a lock or barrier installed to block access to a park facility.
Are city employees exempt from Durham's park closing-hour rule?
Yes, both provisions of Section 38-8 exclude people who are in the park, or removing a barrier, in the course of their official city employment duties.

Sources & Official References

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