HomeMy Public PortalAboutResolution - 04-11- 20040225 - Wozniak v. MROSD Settleme i
RESOLUTION NO. 04-11
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL
GENERAL RELEASE, APPROVAL OF THE LICENSE AND
PEDESTRIAN USE PERMITS AND AUTHORIZING OFFICER OR THE
GENERAL MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT AND MUTUAL GENERAL RELEASE AND LICENSE
AGREEMENT, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (BEAR CREEK
REDWOODS OPEN SPACE PRESERVE - WOZNIAK V.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby
approve the Settlement Agreement and Mutual General Release, the Pasture and Water System
Improvements License, and the Pedestrian Use Permits between Candice C. Wozniak and the
Midpeninsula Regional Open Space District, copies of which are attached hereto and by this reference
made a part hereof, and authorizes the President or appropriate officers to execute said documents on
behalf of the District.
Section Two. The General Manager, President of the Board of Directors, or other appropriate officer,
is authorized to execute the Settlement Agreement and Mutual General Release and the Pasture and
Water System Improvements License on behalf of the District. The General Manager is authorized to
execute the Pedestrian Use Permits on behalf of the District.
Section Three. The General Manager is authorized to execute any and all other documents in escrow
necessary or appropriate to the closing of the transaction and implementation of the Settlement
Agreement and Mutual General Release.
Section Four. The General Manager of the District is authorized to expend up to $10,000.00 to cover
the cost of fence construction and other miscellaneous costs related to this settlement.
Section Five. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Agreements and documents which do not involve any material change
to the closing or
to an term of the Agreements or documents, which are necessary or appropriateg
y g
implementation of this transaction.
RESOLUTION No. 04-11
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on February 25, 2004, at a Regular Meeting thereof, by the following vote:
AYES: J. Cyr, M. Davey, N. Hanko, D. Little, K. Nitz, P. Siemens
NOES: None
ABSTAIN: None
ABSENT: L. Hassett
A7T. APPROVED:
If
Secretary President
Board of Directors Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
V
Dis Clerk
SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
This SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE ("Settlement
Agreement") is dated for reference February 4,2004. The parties are: Candice Clark Wozniak,
individually and as Trustee of the Candice Clark Wozniak Trust U/D/T dated November 8, 1982, and
as guardian ad litern for minor Gary Wozniak, and Gary Wozniak (hereinafter collectively
"Wozniak"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter"District"),
a California special district.
RECITALS
WHEREAS,
A. Wozniak is the owner of certain real property commonly known as Santa
Clara County Assessor's Parcel No. 544-49-011 (the "Wozniak Property"). District is the
owner of real property adjacent to the Wozniak Property commonly known as the Bear
Creek Redwoods Open Space Preserve (the "Preserve").
B. On May 13, 2002, District filed a civil lawsuit against Wozniak in the Santa
Clara County Superior Court, Case No. CV807797 (the "Action'). The Complaint in the
Action states causes of action for private nuisance, public nuisance and trespass and seeks
damages and injunctive relief. Wozniak filed a Cross-Complaint in the Action seeking to
establish Wozniak's prescriptive rights to use a portion of the Preserve.
C. The parties to this Settlement Agreement have agreed to settle and resolve the
Action and their dispute so as to avoid the cost and burden of further litigation. There has
been no admission or determination of fault or liability on the part of any party.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. Grant of License and Pedestrian Use Permit
1.1 District agrees to grant to Wozniak a personal license to use a portion
of the Preserve for the pasturing of llamas and a license appurtenant to the Wozniak Property
affecting a separate portion of the Preserve for the operation, repair and maintenance of a
water system.
1.2 The licenses shall be pursuant to the terms and conditions of a Pasture
and Water System Improvements License (hereafter"License"), a copy of which is attached
hereto, marked Exhibit 1, and incorporated herein by this reference.
1.3 District agrees to also grant to Wozniak and her husband, son(s)and
daughter(s) a Pedestrian Use Permit(hereafter, the"Wozniak Permit") for the purpose of
pedestrian recreational access to the Preserve. A copy of the Wozniak Permit is attached
hereto, marked Exhibit 2a and incorporated herein by this reference.
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1.4 District further agrees to grant to Gary Ruhland and to Tod and Gwyn
Carlson, who are tenants of Licensee,a Pedestrian Use Permit(hereafter, the "Tenant
Permit") for the purpose of pedestrian recreational access to the Preserve. A copy of the
Tenant Permit is attached hereto as Exhibit 2b and incorporated herein by this reference. In
addition, Licensor agrees that if Licensee has a new tenant or tenants at Licensee's Property
who replace Gary Ruhland and/or Tod and Gwyn Carlson prior to the time that Licensor's
Property is open to the public, Licensor shall issue a Pedestrian Use Permit to such substitute
tenant or tenants, in the form of Exhibit 2b, upon written request by Licensee, provided there
has been no prior violation of the Wozniak Pen-nit or the Tenant Permit.
1.5 Promptly upon the grant of the License, the Wozniak Permit and the
Tenant Permit, District shall file a dismissal with prejudice of its Complaint in the Action and
Wozniak shall file a dismissal with prejudice of the Cross-Complaint in the Action and shall
release the lis pendens recorded by Wozniak affecting the Preserve.
2. Waiver of Attorney's Fees and Costs of Litigation
2.1 Each party waives any claims for attorneys' fees, court costs, or other
expenses incurred in the Action and agrees to bear its/their own attorneys' fees, court costs and
expenses.
3. General Release
3.1 Except as otherwise provided by this Settlement Agreement or by the
License, the Wozniak Permit or the Tenant Permit, District hereby waives, releases and forever
discharges Wozniak and their employees, agents, insurers, attorneys, successors, heirs and assigns,
and each of them, separately and collectively(hereinafter collectively called the "Wozniak
Releasees") from any and all actions, causes of action, obligations, costs, damages, losses, claims,
expenses, liabilities and demands which District has or in the future may have against the Wozniak
Releasees arising out of or in any way connected with or resulting from the matters alleged in the
Action.
3.2 District Further expressly agrees that this Release shall be binding upon its
successors and assigns and shall inure to the benefit of the Wozniak Releasees, and each of them.
District represents that any approvals of this Settlement Agreement required to be obtained by
District have been obtained and that they are expressly or otherwise fully authorized to release and
discharge the Wozniak Releasees as described herein.
3.3 Except as otherwise provided by this Settlement Agreement or by the
License, the Wozniak Permit or the Tenant Permit, Wozniak hereby waives, releases and forever
discharges District and its officers, employees, agents, insurers, reinsurers, attorneys, successors, and
assigns, and each of them, separately and collectively(hereinafter collectively called the"District
Releasees") from any and all actions, causes of action, costs,obligations, damages, losses, claims,
liabilities and demands which Wozniak has or in the future may have against District arising out of or
in any way connected with or resulting from the matters alleged in the Action. Wozniak further
specifically, fully and finally waives, releases and forever discharges District from any claims,
demands and causes of action Wozniak has or in the future may have against District arising out of
any alleged prescriptive or other rights to use any portion of the Preserve for any purpose.
MPOSA131 1\535766.3 -2-
It is the intent of the parties that this Settlement Agreement fully and finally
resolve all matters pertaining to the Action and that upon execution of this Settlement Agreement
Wozniak and her heirs, successors, assigns, and transferees shall have no remaining rights, title,
claim or interest in the Preserve, except as set forth in the License, the Wozniak Permit and the
Tenant Permit.
3.4 Each party hereby represents and warrants that no claim or other
matter released herein has been assigned or transferred to any person or entity.
3.5 The parties acknowledge and agree that the foregoing releases are
freely and voluntarily entered into.
3.6 The parties acknowledge and agree that this settlement is the
compromise of a disputed claim and is not to be construed as an admission of liability by
Wozniak or the District, and that any liability is expressly denied.
3.7 With respect to the above-stated releases, Wozniak and District expressly
waive any and all rights and benefits conferred upon each of them by the provisions of Section 1542
of the California Civil Code, which states as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
4. District and Wozniak, on behalf of themselves and their respective officers,
directors, employees, agents, successors and assigns, agree that if they cannot resolve any dispute or
claim between themselves concerning this Settlement Agreement, the License or any performance or
breach thereof, the dispute or claim shall be decided solely and exclusively by final and binding
arbitration. The location of the arbitration shall be in Santa Clara County, California. The arbitration
shall be in lieu of litigation in state or federal court and in lieu of trial by judge or by jury, and shall
instead be conducted by JAMS-Endispute,or its successor, in accordance with its applicable
arbitration rules and procedures then in effect. Unless the parties otherwise agree, the single
arbitrator will be chosen from JAMS-Endispute's panel of retired judges. Judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction and the parties shall be
entitled to utilize the courts to enforce the award. The parties hereby knowingly, voluntarily, and
irrevocably waive their right to a trial by jury and agree that if the foregoing binding arbitration
provision is determined for any reason to be unenforceable or inapplicable to a particular dispute,
then such dispute shall be decided solely by a judge (without the use of a jury) sitting in a court of
competent jurisdiction. This binding arbitration and jury provision shall survive termination or
expiration of this Agreement.
NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THIS SETTLEMENT AGREEMENT DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE
GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED
IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
MPOS\4131 1\535766,3 -3-
GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THIS SETTLEMENT AGREEMENT.
IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY
OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THIS SETTLEMENT AGREEMENT TO NEUTRAL
ARBITRATION.
DISTRICT INITIAL WOZNIAK INITIAL
5. Miscellaneous Terms
5.1 Further Assurances
Each party agrees to cooperate in the preparation, signature,
recording, or filing, if appropriate, of any additional papers, pleadings, instruments or
acknowledgements reasonably necessary to carry out the terms and intent of this Settlement
Agreement.
5.2 Entire Agreement
This Settlement Agreement and its Exhibits constitute the entire and
final agreement of the parties with respect to the subject matter hereof and supersedes any
and all prior agreements,representations, promises, and undertakings of any kind,whether
oral or written.
5.3 Successors and Assigns
This Settlement Agreement shall be binding upon and shall inure to
the benefit of the parties and their respective successors and assigns.
5.4 Amendment
This Settlement Agreement may be amended only b a written
Y Y Y
instrument executed by all of the parties hereto.
5.5 Interpretation
Each partyhas reviewed and commented on this Settlement Agreement with
legal counsel and has had an opportunity to require changes. The normal rule of construction that
any ambiguity is to be resolved against the drafting party shall not be employed in the interpretation
of this Settlement Agreement.
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5.6 Waiver
No waiver of any term of this Settlement Agreement shall be effective unless
in writing and signed by the party to be charged. Any such waiver shall not be deemed to waive any
other provision or term of this Settlement Agreement.
5.7 Attorneys' Fees
In the event of any arbitration or litigation arising out of this Settlement
Agreement, the prevailing party shall be entitled to all reasonable attorneys' fees, arbitration fees,
expenses and court costs in addition to any other relief to which that party may be entitled.
5.8 Governing Law and Venue
This Settlement Agreement shall be governed by the laws of California.
Venue for any arbitration or litigation hereunder shall be Santa Clara County, California.
5.9 Counterparts
This Settlement Agreement may be executed in counterpart originals, each of
which taken together shall constitute one and the same instrument.
5.10 Counsel
I
I
Wozniak has been represented by Michael W. Graf, Law Offices of Thomas
N. Lippe, One Market Plaza, Steuart Tower, 161h floor, San Francisco, CA 94105. District has been
represented by Bruce Laidlaw, Miller Starr&Regalia, 545 Middlefield Rd., Suite 200, Menlo Park,
CA 94025.
5.11 Mistake
Each party to this Agreement has investigated the facts pertaining to the
Action and to the Settlement Agreement to the extent each party deems necessary. In entering into
the Settlement Agreement, each party assumes the risk of mistake with respect to such facts. The
Settlement Agreement is intended to be final and binding among the parties regardless of any claim
of mistake.
5.12 Severability
The provisions of this Settlement Agreement are contractual,and not mere
recitals, and shall be considered severable, so that if any provision or part of this Settlement
Agreement shall at any time be held invalid,that provision or part thereof shall remain in force and
effect to the extent allowed by law, and all other provisions of this Settlement Agreement shall
remain in full force and effect, and enforceable.
5.13 Effective Date
This Settlement Agreement shall be effective as of the date of the Settlement
Agreement has been signed by all signatories identified below.
MPOS141311\535766.3 -5-
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IN WITNESS WHEREOF, the undersigned parties do hereby execute this Settlement
Agreement on the dates written below.
DISTRICT: WO IAK:
Midpeninsula Regional Open Space District .
andice Clark Wozniak, individually and as
Trustee of the Candice Clark Wozniak Trust
U/D/T dated November 8, 1982, and as Guardian
ad Litem for minor Gary Wozniak
Date: 2 9 ! 0 y
RECOMAENDED FbR APPROVAL:
L. Craig Bntton, General Manager
Date: 2�
APPROVED AND ACCEPTED:
Mary Davey, President
Board of Directors
Date: � O /
ATTEST:
Sally T dt, District
Date: d? — 4 Y
APPROVED AS TO FORM:
Susan M. Schectman,General Counsel
Date: q
MPOSW 13 l 1\535766.3 -6-
EXHIBITS TO SETTLEMENT AGREEMENT
AND MUTUAL GENERAL RELEASE
Exhibit 1: Pasture and Water System Improvements License
Exhibit 2a: Pedestrian Use Permit(granted to Candice Wozniak and immediate family
members)
Exhibit 2b: Pedestrian Use Permit(granted to Gary Ruhland and Tod and Gwyn Carlson)
MPOS141311\.5 3 5 766.3
PASTURE AND WATER SYSTEM
IMPROVEMENTS LICENSE
The Midpeninsula Regional Open Space District ("Licensor") grants to Candice Clark Wozniak
("Licensee") a Pasture and Water System Improvements License ("License") on the terms and
conditions set forth below.
RECITALS
A. Licensee is the owner of certain real property commonly known as Santa Clara County
Assessor's Parcel No. 544-49-011 (the"Licensee Property"). Licensor is the owner of real property
in Santa Clara County adjacent to the Licensee Property commonly know as the Bear Creek
Redwoods Open Space Preserve (the"Licensor Property").
B. Licensee desires a license to enter and use a portion of the Licensor Property for llama
pasturing(the"llama license") and a license affecting a separate portion of the Licensor Property for
maintenance of an existing water system improvement(the"water system license"). Licensor agrees
to grant such licenses upon the terms and conditions set forth herein.
1. PREMISES.
(a) Licensor grants to Licensee, upon the terms and conditions stated herein, two separate licenses to
use separate portions of the Licensor Property. These portions of the Licensor Property are referred
to together herein as the"Premises"and are depicted in Exhibit A and Exhibit B attached hereto,
which are incorporated herein by this reference.
(b) Licensee's use of the Premises is subject to all existing easements, servitudes,licenses and rights
of way for ditches, levees, roads,public utilities,pipelines and any other purposes,whether of record
or not. Licensee acknowledges receipt of Schedule A, Schedule B and Schedule C of a title insurance
policy(no. FTY48580 1) dated November 6, 2001, that sets forth liens and encumbrances affecting
various portions of Licensor's Property. Licensor has reviewed these Schedules. Licensor represents
that it is not aware of any existing easements, servitudes, licenses or rights of way directly affecting
the Premises except as may be set forth in these Schedules.
2. TERM.
(a) The llama license is personal to Licensee and may not be assigned, conveyed or transferred by
Licensee, in whole or in part, in any manner whatsoever. The llama license will terminate upon the
sale, transfer or conveyance of all or any portion of Licensee's Property to a third party;provided,
however, that the llama license shall not terminate if a portion of the Licensee Property is transferred
or conveyed to Licensee's son(s), daughter(s)and/or husband (i.e., to Jesse J. Clark, Stephen Gary
Wozniak, Jr., Sara N. Clark and/or Ronald J. Kauffman) or if the entirety of the Licensee Property is
sold to Licensee's son(s), or daughter(s), and/or husband and then leased back to Licensee. The llama
license may also be terminated pursuant to paragraph 13 hereof. The llama license shall terminate in
all events upon the death of Licensee and shall thereafter be null and void except as to those
MPOS\41311\536147.3
obligations specifically surviving termination, which shall remain an obligation of the estate of
Licensee until satisfied.
(b) The water system license shall be appurtenant to Licensee's Property and shall be irrevocable
except as provided in paragraph 13 of this License. In the event the water system license is
terminated pursuant to paragraph 13, Licensee shall be allowed a reasonable time to vacate and
remove all equipment from the portion of Licensor's Property affected by the water system license,
but in no event shall such time exceed sixty(60) days following receipt by Licensee of a written
notice of termination.
3. ACCEPTANCE AND SURRENDER OF PREMISES.
Licensee hereby accepts the Premises in their present condition, "as is" , and agrees, upon termination
of the llama pasture license and/or the water system license, to surrender the affected portion(s) of the
Premises and all appurtenances to Licensor in the same condition as when received, reasonable use,
wear and tear, damage by fire, acts of God or nature excepted, and to remove all of Licensee's
personal property from the affected portion(s) of the Premises.
4. TAXES.
If any possessory interest tax or other tax is legally assessed against Licensor or Licensee with respect
to all or any portion of the Premises, the party against whom such tax is assessed shall be responsible
for payment of such tax.
5. USE.
(A)LLAMA LICENSE.
i)The portion of the Premises depicted in Exhibit A(the"Llama Pasture Area")is licensed to
Licensee for llama grazing and for no other purpose. Llamas grazed in the Llama Pasture Area must
be owned by the Licensee or must be in the Llama Pasture Area temporarily and not for purposes of
allowing any other person or entity to operate a llama business in the Llama Pasture Area. Licensee
may permit her agents and employees to enter the Llama Pasture Area only for purposes solely related
to llama grazing. Licensor makes no warranties and/or representations to Licensee concerning the
suitability of the Llama Pasture Area for grazing purposes.
ii) Licensee is responsible at all times for containment of llamas within the Llama Pasture Area and
shall conduct grazing operations in a safe,responsible and professional manner consistent with
prudent and standard grazing practices. &
iii) Fencing: Licensor and Licensee agree that within 150 days of the date of this License Licensor
will commence construction of a fence upon the fence line as indicated in Exhibit A for the purpose
of securely pasturing llamas in the Llama Pasture Area. Licensor and Licensee acknowledge and
agree that Exhibit A is intended to depict the fence location as staked by employees of Licensor on
October 3, 2003. Licensee will provide access over the Licensee Property upon reasonable notice to
enable Licensor to construct the fence. Licensor agrees to use its best efforts to minimize
MPOS\41311\536147.3 2
inconvenience to Licensee and to complete the fence within 45 days of the commencement of
construction of the fence.
The costs of constructing the initial fence shall be shared equally between Licensor and
Licensee; provided, however, that Licensee's share of the cost of the initial fence shall not exceed
$3,000. The initial fence shall be constructed in accordance with the fence specifications set out in
Exhibit C attached hereto and incorporated by reference. If the initial fence fails to prevent the llamas
from entering the Licensor Property, Licensor and Licensee agree to share equally the costs of such
alterations as are necessary to insure the llamas are securely maintained within the Llama Pasture
Area.
iv) Licensee may provide supplemental feed to maintain the health and vitality of the llamas.
v) Licensee shall comply with all applicable laws, permits, statutes, ordinances, rules, governmental
orders, regulations, and requirements pertaining to the occupancy and use of the Llama Pasture Area,
including the Regulations for Use of Midpeninsula Regional Open Space District Lands, adopted on
July 28, 1993 and subsequently revised (the"Regulations"), as now in force or as hereafter amended,
and shall not use or permit others to use the Llama Pasture Area for any unlawful or prohibited
purpose or for any purpose not expressly permitted by the License. However, the rights conveyed by
this License shall not be diminished or lost because of any amendment of the Regulations after this
License is executed. In the event of any inconsistency between the provisions of the Regulations and
the provisions of this License,the provision of this License shall prevail.
(B)WATER SYSTEM LICENSE.
i)A portion of the Premises is also separately licensed to Licensee for the purpose of operation,repair
and maintenance of existing water system improvements that connect to the existing pond on
Licensee's Property. The area in which the water systems improvements may be operated,repaired
and maintained is described in Exhibit B and is referred to herein as the Water System Improvements
Area. Licensor and Licensee acknowledge and agree that Exhibit B is intended to depict the location
of the Water System Improvement Area as marked by employees of Licensor on October 3, 2003.
Licensor shall not fence the Water System Improvements Area or the boundary line between
Licensee's Property and the buffer zone depicted on Exhibit B except for bona fide purposes related
to the effective operation, management and environmental resource stewardship of the Licensor
Property. Any dispute relating to the fencing of the Water System Improvements Area or the
boundary line between the buffer zone and Licensee's Property may be arbitrated in accordance with
paragraph 14 hereof.
ii)No other improvements, structures or alterations may be constructed by Licensee within the Water
System Improvements Area.
iii) The water system license may be assigned to the successor owner of all of the Licensee Property,
subject to all of the terms and conditions herein. A Memorandum of License may be recorded by
Licensor or by Licensee without the consent of the other.
MPOS\41311\536147.3 3
iv) Licensee shall comply with all applicable laws, permits, statutes, ordinances, rules, governmental
orders, regulations, and requirements pertaining to the occupancy and use of the Water System
Improvement Area, including the Regulations, as now in force or as hereafter amended, and shall not
use or permit others to use the Water System Improvements Area for any unlawful or prohibited
purpose or for any purpose not expressly permitted by this License. However, the rights conveyed by
this License shall not be diminished or lost because of any amendment of the Regulations after this
License is executed. In the event of any inconsistency between the provisions of this License and the
provisions of the Regulations, the provisions of this License shall prevail.
6. ENTRY AND INSPECTION.
Licensee agrees that Licensor and its directors,officers, employees, agents and authorized volunteers
may enter the Premises to inspect them, make any changes, alterations or repairs which Licensor in its
sole discretion, (exercised reasonably and in good faith) considers appropriate for the protection,
improvement or preservation of the Premises, and to exercise the other rights of Licensor as the owner
of the Premises.
7. MAINTENANCE OF IMPROVEMENTS.
(a) Licensee shall, at her sole cost and expense, in a timely manner, maintain and repair all
improvements related to grazing use of the Llama Pasture Area whether existing or newly
constructed, including fences, feeding troughs, gates,and water troughs,without any alterations or
additions except as approved in writing by Licensor. All new improvements and any existing
infrastructure requiring replacement shall be installed at Licensee's sole cost and expense,upon
approval by Licensor. Fences shall be kept in good order and repair at all times.
(b) Licensee agrees to pay for all water, fuel, gas, oil,heat,electricity,power,materials,and any
services,which may be furnished to or used in or about the Llama Pasture Area or the Water System
Improvements Area.
(c) Maintenance and repair of all components of the water system in the Water System Improvements
Area shall be the sole responsibility of Licensee,and Licensee shall bear all costs of such maintenance
and repair.
S. ALTERATIONS.
(a) Licensee agrees to obtain and fully comply with all applicable permits, authorizations, laws,
ordinances, and regulations, and to obtain the prior written consent of Licensor,before making any
alterations of, changes in, or additions to the Premises. Licensor may request Licensee to provide
written information and description of any proposed alterations.
(b) All alterations, additions and improvements made in, to, or on the Premises are the property of the
Licensor and will remain upon and be surrendered with the Premises upon termination of this
License.
9. BUFFER ZONE.
In consideration for the covenants and conditions of this License, Licensor agrees to establish a public
MPOS\41311\536147.3 4
recreational use buffer zone on Licensor's Property adjacent to Licensee's Property. The area of the
buffer zone is shown on Exhibit B. Licensor also agrees that it will not construct recreational trails
for public use in the buffer zone, and that Licensor will post appropriate signs on Licensor's Property
adjacent to the buffer zone stating that public use of the buffer zone is prohibited. Neither Licensee
nor public recreational visitors shall use the buffer zone. Licensor's officers, employees, agents,
consultants and contractors may enter and use the buffer zone for Licensor's purposes at any time and
exercise all rights of Licensor as the owner of the Licensor's Property.
10. MONUMENTS.
Licensor and Licensee agree that within 120 days following full execution of this License the
boundary line between the Licensor Property and Licensee's Property, as well as the boundaries of the
Llama Pasture Area and the Water System Improvements Area, shall be surveyed and indicated by
permanent monuments installed by Licensor at its own cost. A legal description of the Llama Pasture
Area and the Water System Improvement Area shall thereafter be attached hereto as Exhibit D and
Exhibit E, respectively, and shall become part of this License. Licensor may, at its option,record a
Memorandum of Survey setting forth these legal descriptions.
11. INDEMNIFICATION.
Licensee agrees to indemnify,protect, defend and hold Licensor harmless from and against any and
all claims, losses, damages,demands, liabilities, suits,penalties, costs, expenses(including,without
limitation, attorneys' fees),causes of action,claims and/or judgments arising out of or in connection
with any injury or damage to any property or to any person or persons including,without limitation,
Licensor and its directors, officers, employees,agents volunteers, and guests, caused by or arising out
of Licensee's use of the Premises whether pursuant to this License or otherwise,except for damages
or injuries caused by the sole negligence or willful misconduct of Licensor. In the event liability
arises due to the alleged concurrent negligence of Licensor and Licensee, each party shall contribute
to the costs of any such suits, defense, damages,costs and liability in proportion to that party's fault as
determined under the principles of comparative negligence.
12. INSURANCE.
(a) Licensee agrees to obtain,and keep in force during the term of the llama license and the water
system license, all at Licensee's own cost and expense, a policy or policies of General Liability
Insurance in an amount of not less than $1,000,000 per occurrence or accident for all covered losses.
Such policy or policies shall name Licensor as an additional insured and evidence of such
endorsement shall be provided to Licensor within ten(10)days of execution hereof. Each ofthe
above policies must contain a provision that the policy will not be cancelled or materially changed
without thirty(30)days'prior written notice to Licensor. Licensee shall also comply with all
applicable statutory worker compensation requirements.
(b) Upon request by Licensor, Licensee shall direct her insurer or her insurance agent to furnish
Licensor with a copy of any policy required above, certified to be a true and complete copy of the
original.
MPOS\41311\536147.3 5
13. TERMINATION.
In the event of a material breach of any provision of this License, either party may provide a written
warning to the other setting forth the date, time and events that constitute the breach and requesting
that such breach be cured.
The party receiving the written warning shall have thirty(30) days to cure the breach or provide a
written statement explaining why said party disputes the existence of a breach. In the event the
breach is not cured, or the party who received the warning disputes the existence of a breach, the
party that sent the warning may send further written notice to the other party demanding arbitration
pursuant to paragraph 14 hereof.
In the event of an arbitration, the party alleging that a material breach of the Agreement has occurred
may seek any available relief. However, if Licensor seeks termination of the License as a remedy, the
arbitrator may order termination as a remedy only by application of the legal principles that apply to
the termination or extinguishment of a prescriptive easement.
14. ARBITRATION OF DISPUTES.
Licensor and Licensee, on behalf of themselves and their respective officers, directors, employees,
agents, successors and assigns, agree that if they cannot resolve any dispute or claim between
themselves arising out of or relating to this License, or any performance or breach thereof,the dispute
or claim shall be decided solely and exclusively by final and binding arbitration. The location of the
arbitration shall be in Santa Clara County, California. The arbitration shall be in lieu of litigation in
state or federal court and in lieu of trial by judge or by jury,and shall instead be conducted by JAMS-
Endispute, or its successor, in accordance with its applicable arbitration rules and procedures then in
effect. Unless the parties otherwise agree,the single arbitrator will be chosen from JAMS-
Endispute's panel of refired judges. Judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction and the parties shall be entitled to utilize the courts to enforce
the award. The parties hereby knowingly,voluntarily, and irrevocably waive their right to a trial by
jury and agree that if the foregoing binding arbitration provision is determined for any reason to be
unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a
judge (without the use of a jury) sitting in a court of competent jurisdiction. This binding arbitration
and jury waiver provision shall survive termination or expiration of this Agreement.
NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE"ARBITRATION
OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT PROSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT 0&JURY TRIAL. BY INITIALING
IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE"ARBITRATION OF
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
MPOS\41311\536147.3 6
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
LICENSOR INITIAL 4, LICENSEE INITIAL
15. HAZARDOUS SUBSTANCES.
Licensee is prohibited from transporting, mixing, applying, storing, or disposing of pesticides or
hazardous substances upon the Premises without the prior written consent of Licensor.
16. WAIVER OF RELOCATION BENEFITS.
Licensee specifically waives any and all rights to relocation benefits or assistance that may be
available upon termination of this License including, but not limited to, those authorized under
Government Code §7260 et seq..
17. ATTORNEYS' FEES AND COSTS.
If arbitration or other legal action shall be brought by either of the parties, the party prevailing in said
action shall be entitled to recover from the party not prevailing the costs of the suit or arbitration
along with reasonable attorneys' fees.
18. NOTICES.
Wherever this License provides for notices between the parties, or wherever the law requires or gives
the right of serving a notice,the same shall be in writing and either served personally or sent by
registered or certified mail,postage prepaid and addressed as follows:
To Licensor:
Susan Schectman, Esq.
General Counsel
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, California 94022-1404
Telephone: (650) 691-1200
Facsimile: (650)691-0485
To Licensee:
Candice Wozniak
21345 Summit Road
Los Gatos, California 95033
Telephone: (408) 353-5353
MPOS\41311\536147.3 7
Licensor and Licensee may at any time change the place designated for receiving notice by written
notification to the other.
19. BINDING EFFECT
The provisions of this License relating to the water system license and the Water System
Improvements Area shall be binding upon all subsequent owners of all or any portion of Licensee's
Property and upon all persons or entities hereafter holding any interest in all or any portion of
Licensee's Property.
20. EFFECTIVE DATE
This License shall be effective as of the date the License has been signed by all signatories identified
below.
IN WITNESS WHEREOF the parties hereto have subscribed their names.
LICENSOR: Midpeninsula Regional LICENSEE: Candice C. Wozniak
Open Space District
By: Mary Davey, President Candice C. Wozniak
Board of Directors
Date: ' 25 y00 Date: 2 0
I
MPOS\41311\536147.3 8
i
EXHIBITS TO PASTURE AND WATER SYSTEM IMPROVEMENTS LICENSE
Exhibit A: Depiction of Llama Pasture Area
Exhibit B: Depiction of Water System Improvements Area and Buffer Zone
Exhibit C: Llama Pasture Area Fence Specifications
Exhibit D: Legal Description of Llama Pasture Area [to be prepared and attached following
execution of License]
Exhibit E: Legal Description of Water System Improvements Area [to be prepared and attached
following execution of License]
MPOS\41311\536147.3 9
EXHIBIT A: Llama Pasture Area
Note: this diagram is schematic only
Bear Creek Redwoods
Open Space Preserve
:y
\ I Pond
Barn
Wozniak House
i
- a
r Llama Pasture Fence
Trail
Wozniak Parcel +
Major Road
MROSD Driveway
10 ---
125 250 500
G 1Ao h1B.�._Chrt R.OwmU.INbinyk_—ionb—ro k I—MM� mvG wm 12M3
EXHIBIT
f
EXHIBIT B: Water System Improvements Area
Note: this diagram is schematic only
Bear Creek Redwoods
Open Space Preserve
Buffer zone
.►,�, • .�.r. /• .
�+ ,^i1+� ,Water System j..
2200 Improvements Area �\
vM.� !r� tiA�� •r i .dam��� .".-r� \
o
I, I Pond
Barn Yurt
?160
` Wozniak.House
°^ Llama Pasture =___= Trail
0 Wozniak Parcel Major Road
MROSD Driveway
Feet
0 125 250 500
10/03
G Wra�blBn!Gek ReavooblN4xnrk mMsevMMiM wOirwM wbrrytimp rtvE —17QJ
EXHIBIT C
FENCE SPECIFICATIONS
A) Three strand barbless wire fence strung continuously from end to end with;
B) Wood and wire hinge post set five feet high at the ends and all comers of the pasture
boundary(see Details 1 and 2 attached).
Q Metal T posts set five feet high between ends and comers.
D) Existing plastic mesh fence attached to inside of pasture fence to reduce chances of
preserve visitor coming into contact with llamas.
E) Wood posts and plastic mesh shall be a five (5) foot height.
Attachment: Detail I
Detail 2
•
EXHIBIT
i
WIRE SPLICE 84"HEAVY-DUTY STEEL
T-POST, NON-ASTM 1.33"x
2 L60Ps,6TiGHr WWS ' 1.33"RED WITH WHITE TIP
DRIVE POST INTO
GALVANIZED - — UNDISTURBED SOIL
WIRE CLIP, PLASTIC
SNAP-ON CLIP, OR �� w,
EQUIVALENT
12 GAUGE MIN.SMOOTH(BARBLESS) w N
i
STRANDED GALVANIZED WIRE,TYP
' o
77
Ox X X\
w-
i
i
i
f
i
8- 10'o.c.
NOTES
1. Set all posts plumb.
2. String wire taut. String wire from bottom.
3. Use H-brace panel at significant grade changes, or changes of 135 degrees or less. For H-brace,end,and
comer details, see 2
T POST & WIRE BARRIER FENCE DETAIL 1
M10PENINSULA REGIONAL OPEN SPACE DISTRICT SCALE: 1/2"=1' 0" DATE:07/31/03
NOTCH TYP 45 deg.
' MITERAT
CROSS
SPIKE OR PIECES
TOE NAIL I <— CROSS
i
POST PIECE
USE TWO
/ - H-BRACE CORNER
OPEN MORTISE
\
PANELS, PLAN� ELEVATION g
BELOW
CORNER OR
END PANEL777
„_ �. -CONCRETE
1/4 =1 -0„
OVERLAP WIRES FROM
4x6 CROSS PIECE- OPPOSING DIRECTIONS
TO PULL TAUT
SEE MORTISE------ N
ELEVATION ABOVE,
TYP T LONG 6X6
FIE
-� @ 4'-4"O.C., TYP
U-NAIL OR +/
NOTCH,TYP
WIRE LOOPS
DOUBLE LOOP -
WIRE, TWISTED
12" DIAMETER
CONCRETE,TYP.`
DRAIN ROCK-- H-BRACE _
PANEL
UNDISTURBED j „�
NOTES: SOIL 1/2 -1 -�
1. See for post type, wire type and spacing, and splice detail.
2.All lumber to be rough, pressure-treated Hem-Fir or Doug Fir.Treat all cut ends with wood
preservative.
3.At corners 135 degrees or less, install (2)H-brace panels, similar to End Panel shown
above. Miter cross piece as shown in Plan, above.
��-�- POST &WIRE FENCE BRACING, ENDS, & CORNERS
MIDPENINSUiA REGIONAL OPEN SPACE DISTRICT
SCALE:AS SHOWN I DATE:07/31/2003 DETAIL 2
EXHIBIT D
LEGAL DESCRIPTION OF LLAMA PASTURE AREA
EXHIBIT E
LEGAL DESCRIPTION OF WATER SYSTEM IMPROVEMENT AREA
I
i
i
ICARRY PERMIT WITH YOU
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
BEAR CREEK REDWOODS
OPEN SPACE PRESERVE
PEDESTRIAN USE PERMIT
This permit issued by Midpeninsula Regional Open Space District("District") allows Candice C. Wozniak,("Wozniak")
and her immediate family members identified below("the Pern-tittees"),to have pedestrian access to the Bear Creek
Redwoods Open Space Preserve. Guests of Wozniak may also have such pedestrian access, subject to the terms and
conditions set forth below,provided that the number of guests at any given time does not exceed four,that the guests are
accompanied by Wozniak, and that Wozniak has this Permit in her possession.
This Permit is effective during the life of Wozniak. If the Bear Creek Redwoods Open Space Preserve is officially open
to public use by District adoption of a Use and Management Plan during Wozniak's lifetime,then upon adoption of such
Use and Management Plan,which opens the Preserve to general public use,Permittees shall have all rights of use and
access to the Preserve as are granted to the general public under the Use and Management Plan,and this Permit shall
become null and void. This Permit will also become null and void in the event all or a portion of the Permittee's Property,
Santa Clara County Assessor's Parcel No. 54449-011, is transferred or sold except for a transference or conveyance to
Wozniak's spouse Ronald J. Kauffman or to her children,Jesse J. Clark, Sara N. Clark and Stephen Gary Wozniak,Jr.
This permit may be revoked by District for violation of its terms by any of the Permitees,or by any guest or tenant of
Wozniak.
The geographic area covered by this Permit is the Bear Creek Redwoods Open Space Preserve(as shown on the attached
map, labeled Exhibit"I"). Bicycle,vehicle,motorcycle,equestrian use,dog and livestock access are specifically
prohibited under this Permit.
Permit Holders:
Candice C.Wozniak
Address:
Phone: Day: Residence: Fax:
Family Members:
Name: Ronald J.Kauffman Name: Jesse J.Clark
Address: Address:
Phone: Day: Phone: Day:
Residence: Residence:
Fax: ( Fax: (
Name: Stephen Gary Wozniak,Jr. Name: Sara N.Clark
Address: Address:
Phone: Day: Phone: Day:
Residence: Residence:
Fax: ( 1 Fax:
MPOS\4131 1\545875.1 Exhibit 2A
Permit Rules•
Obey all District Ordinances attached as Exhibit 11,as now in effect or as modified by District from time to time.
Violations of District ordinances are prosecutable as an infraction or misdemeanor.
Access to the Preserve is prohibited before sunrise or one-half hour after sunset.
For fire safety, smoking and fires are prohibited.
Notify District immediately of any unsafe conditions.
For emergencies dial 911.
For your safety and to prevent trail damage, trails and roads or the Preserve may be temporarily or seasonally closed by
the District due to trail, fire or other safety conditions.
This Permit must be carried by Permittees when on the Preserve.
INDEMNIFICATION AND RELEASE OF LIABILITY
I acknowledge that hiking activities contain inherent risks of injury and damage to me personally,to my family
members,and to my personal property.Knowing these facts,I voluntarily and freely assume all such inherent
risks for being permitted pedestrian use on Bear Creek Redwoods Open Space Preserve and waive,release,
discharge and hold harmless the Midpeninsula Regional Open Space District from any and all right,claim,or
liability for damages or for any and all injuries that might be sustained by me,including injuries to animals,and
from any and all claims of any kind or nature that I might have as a result of participation in any activity on the
Preserve. I further agree that I will defend,protect,indemnity and hold harmless the Midpeninsula Regional
Open Space District(including its employees,directors,officers and agents),against all claims,demands,and
causes of action,including court costs and attorney's fees,directly or indirectly arising from any action or other
proceedings brought by me or prosecuted for my benefit contrary to this Release.
I further agree to indemnify,defend and hold District harmless from and against all claims,suits,damages,costs,
losses or expenses,including reasonable attorney's fees and costs,arising out of or related to any acts,omissions,or
use of the Preserve by any Permittee hereunder and each of them and in addition,arising out of or related to any
acts,omissions,or use of the Preserve by my agents,guests,residents or tenants,including without limitation,
tenants Gary Ruhland and Tod and Gwyn Carlson. However,if the claim or damage arises out of the alleged
concurrent negligence of District and Permittee,the principles of comparative negligence shall determine the
liability of District and Permittee.
Attachment: Exhibit 1: Map
Exhibit 11: District Ordinances
READ AND AGREED
Date:
Candice C. Wozniak
Family Members:
Date:
Ronald J.Kauffman
Date:
Jesse J.Clark
Date:
Sara N.Clark
Date:
Stephen Gary Wozniak,Jr.
APPROVED
Date:
L. Craig Britton,General Manager
Midpeninsula,Regional Open Space District
Exhibit 2A
BEAR CREEK R )WOODS OPEN SF -3"E PRESERVE
Interim Public Access Map
® ACCESS BY PERMIT ONLY
h L_ Lexington
CLOSED TO THE PUBLIC Black Road Resewoir
Q PERMIT PARKING O
EQUESTRIAN PERMIT PARKING
GATE
Greek
BC 04 ® -
L_� �
BC 0517
) {�
AREA CLOSED
ACCESS BY
PERMIT ONLYr
e
- 1Z,
IT
'
r
� o
h ` AREA CLOSED r /
Miles
0 0.15 0.3 0.6
Exhibit I - Wozniak/Tenant Pedestrian Use Permit MROSD - February 2004
EXHIBIT II
REGULATIONS FOR USE OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
Adopted by Ordinance No. 93-1,July 28, 1993
Revised and Adopted by Ordinance No. 96-1,February 28, 1996
Revised and Adopted by Ordinance No. 03-01,June 6, 2003
Revised and Adopted by Ordinance No. 03-02,August 13, 2003
CHAPTER I.
DEFINITIONS
SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as "land
use regulations."
SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District
Lands, to establish orderly use, and to maintain a natural and quiet environment for
persons on the lands. They are established according to the Basic Policy of the Board of
Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27,
1974, that"The District will follow a land management policy that provides proper care
of open space land, allowing public access appropriate to the nature of the land and
consistent with ecological values."
SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall
govern the construction and interpretation of these regulations.
SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District"means the MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands,
structures, improvements, and waters owned, controlled, or managed by MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT.
SECTION 104. PERSON DEFINED. "Person"means any individual, firm, corporation, club,
municipality, district, or public agency, and all associations or combinations of persons
whenever acting for themselves or by any agent, servant, or employee.
SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein,
"permit"or"permission" means permission, granted in writing by the general manager or
an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT.
SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and
shall not be considered in the interpretation of this Ordinance, and shall not in any way
affect the conduct or activities covered by other sections of this Ordinance.
Page 1
CHAPTER 11.
REGULATIONS
SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons,
except as may be provided by resolution, regulation, or rule of the Board or by individual
site use and management plans adopted by the Board.
200.1 The Board may,by resolution, regulation, or rule, provide for a system of permits and the
issuance thereof It may by such system require permits for the use of certain lands,
exempt certain lands or classifications of permits there from, and establish a system of
fees and other policies in connection with the administration of a permit system.
200.2 Any person entering upon District Lands shall abide by the rules and regulations of the
District, the regulations or provisions of any sign or posted notice, the conditions of any
permit, the lawful order or other instruction of any District ranger or police officer
appointed by the Board, the laws of the STATE OF CALIFORNIA, and all applicable county
and other local ordinances.
200.3 The provisions of this Ordinance shall not apply to employees and officials of the District
acting within the scope of their authorized duties. However, District employees and
official shall abide by the laws of the STATE OF CALIFORNIA and all applicable county,
and other local ordinances.
200.4 All District lessees, contractors, and consultants shall abide by all provisions of this
Ordinance unless the provision(s) conflicts with a written contract or agreement with the
District. When a conflict occurs, the conditions of the written contract or agreement shall
take precedence. However, lessees, contractors, and consultants shall abide by the laws
of the STATE OF CALIFORNIA and all applicable county, and other local ordinances.
SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the
application of general regulations unless expressly indicated.
CHAPTER 111.
GENERAL RULES
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541,
5558, and 5559 of the Public Resources Code of the STATE OF CALIFORNIA, and apply to
all District Lands. A title, where used, does not limit the language of a section.
SECTION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION. Any
violation of this Ordinance or of any rule or regulation adopted by the District is, at the
discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources
Code, Section 5560.)
Page 2
-J
SECTION 102. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph,
sentence, or clause of this Ordinance is, for any reason, held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The Board of Directors
declares that this Ordinance, and each chapter, section, subsection,paragraph, sentence,
and clause thereof, would have been adopted regardless of such possible finding of
invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are
hereby declared to be severable.
SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or
repealed, acts and commissions occurring before the amendment or repeal may be
prosecuted as though such section, rule, or regulation had not been amended or repealed.
SECTION 304. PUBLICATION. This Ordinance shall be published once,within 30 days after adoption,
in a newspaper of general circulation printed, published, and circulated in the District and
shall be effective from and after September 1, 1993.
CHAPTER 1V.
PRESERVE USES - GENERAL
SECTION 400. CAMPING.
400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or
prepare food in such a way that will enable a person to remain after closing hours, except
by written permit in designated areas.
400.2 Juvenile. No juvenile shall camp on any District Lands, except when:
1) accompanied by a parent or guardian;
2) part of a group supervised by at least one adult responsible for each ten or fewer
juveniles;
3) the juvenile is an emancipated minor.
400.3 Definition. A juvenile is defined as any person under the age of 18 years.
SECTION 401. SWIMMING.
401.1 General. No person shall swim, wade, or engage in any water-contact activity in any
water areas of the District except in designated areas.
401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a
person comes into physical contact with water areas, including,but not limited to
Page 3
i
swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does
not include boating or fishing.
401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands,
including,but not limited to, natural and artificial swimming pools, reservoirs, ponds,
lakes, creeks, streams, bays, tidal areas, and flood control channels.
SECTION 402. BOATING.
402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other
vessel of any description in the water of reservoirs, lakes, streams, or other water areas
owned, managed, or controlled by the District, except as expressly allowed by permit or
rule or regulation of the District.
SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUS DEVICES.
403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause
to be fired or discharged, across, in, on, or into any portion of District Lands any weapon,
gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting
device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts
throwing device, or any other weapon or device capable of injuring or killing any person
or animal, or damaging property or natural resource.
403.2 Exceptions. This section shall not apply to:
1) the possession of unloaded firearms or dangerous weapons on public roads solely for
the purpose of transporting such firearms or dangerous weapons through District
Lands for lawful purposes,
2) the possession of firearms or other dangerous weapons at a place of residence or
business located on District Lands by a person in lawful possession of the residence
or business;
- 3) the possession and use granted by permit for resource management or educational
purposes.
SECTION 404. FIRES.
404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a
fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or
fireplaces established by the District. A fire shall include, but not be limited to any
campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk,
candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to
the permitted use of gas camp stoves or gas lanterns when used in designated camping
areas.
404.2 Smoking. No person shall smoke on District Lands, except in designated areas.
Page 4
SECTION 405. SANITATION.
405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks,
portable toilets, or other fixtures upon or into the ground or water.
405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom
or other structure except into fixtures provided for that purpose.
405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood,
paper, stone, or other substances in any fixture in such a manner as would interfere with
the normal operation of such fixture.
405.4 Public View. No person shall defecate or urinate in public view.
SECTION 406. METAL DETECTORS.
406.1 General. No person shall use a metal detector or similar device on District Lands, except
as provided in subsection 702.5.
SECTION 407. DISTURBING THE PEACE.
407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any
unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct
any person from peacefully entering any property of the District, or preventing or
obstructing free passage or transit over or through any lands of the District.
407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the
peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in
the normal, safe use of District Lands or facilities.
_I
407.3 Noise. No person shall play or operate any sound or energy amplification devices,
including radios, television sets, public address systems, musical instruments, or similar
devices in such a way as to be audible beyond 100 feet of such device or musical
instrument, or in such a manner as to disturb the quiet of District Lands and facilities,
without prior written permission.
407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any
request, direction, or order given by any ranger or other employee charged with the
control, management, or protection of District property or resources when such request,
direction or order is given in the lawful performance of his or her duties.
SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on
District Lands without first obtaining a permit for the use of the specific areas or facilities
involved. No such permit shall be granted if it is found that the time, place, and/or size
of the meeting, rally, or similar event will disrupt or unreasonably interfere with the
normal use, operation, or management of the site or facility, or have an adverse impact on
Page 5
the ecological or historical characteristics of any District Lands.
408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or
event on District Lands without written permission when the activity or event:
1) is advertised or noticed in any publication, poster, or flyer; or
2) requests or requires a fee be paid for participation; or
3) may be attended by twenty(20) or more people.
SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES.
409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be
discharged, on or into any portion of District Lands any firecrackers, missiles, rockets,
fireworks, or explosives.
409.2 Harmful Substances. No person shall possess, place, or apply any substance on District
Lands harmful to any person, property, wildlife, or vegetation.
409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf
balls on, over, or into District Lands.
409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other
model craft of any kind or description on, over, or into any portion of District Lands,
except by written permit in designated areas.
409.5 Human Flizzht. No person shall hang-glide,parachute, parasail or engage in any human
flight on, over, or into District Lands, except by written permit in designated areas.
409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self-
propelled or motorized skate board or other similar device on District Lands.
409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or
activity, or operate any device that recklessly or negligently endangers the safety of any
person, or property, or interferes with visitor activities.
SECTION 410 ALCOHOLIC BEVERAGES.
410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, j
and only as part of a picnic meal.
410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area
that has been declared by the general manager or an authorized representative to be a
prohibited area.
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SECTION 411. SIGNS.
411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign
duly erected or posted on District Lands.
411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited
to, any bill, advertisement, directional or informational sign, or inscription whatsoever on
any tree, fence, building, monument, or other property on District Lands, without written
permission.
CHAPTER V.
PRESERVE USES - RIDING/HIKING TRAILS
SECTION 500. RIDING HIKING TRAILS.
500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour,unless
otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and
equestrians are required to slow to 5 miles per hour when passing others or approaching
blind turns. In no case shall a person operate a bicycle, or ride a horse or other such
animal at a speed greater than is reasonable,prudent, or safe.
500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a
saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel
designated or signed to prohibit such use.
500.3 Gates. Any person opening a gate shall close the gate.
SECTION 501. --SADDLE ANIMALS.
501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or
other animal in any area designated or signed to restrict such use. Saddle or pack horses,
ponies, mules, or any other animals must stay on designated trails, roadways, and
cultivated firebreaks.
501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless
or negligent manner so as to endanger public property, or the life, limb, or property of any
person or animal. No person shall allow his or her saddle or pack animal to stand
unattended or insecurely tied.
501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device
attached to a horse, mule, donkey, or other animal on District Lands without a written
permit.
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SECTION 502. BICYCLES.
502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District
Lands in areas designated or signed to restrict such activity. Bicycles must stay on
designated trails and roadways.
502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so
as to endanger public property, or the life, limb, or property of any person or animal.
502.3 Helmets. No person eighteen years or older shall operate a bicycle upon District Lands
unless that person is wearing a properly fitted and fastened bicycle helmet that meets the
standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet
standard the Snell Memorial Foundation's Standard for Protective Headgear for Use in
)� g
Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard).
502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or
signed as a walk-only zone. Any person may dismount and walk a bicycle through a
walk-only zone.
SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section
602 of the Penal Code of California.
503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise
destroy any fence on the enclosed land of another, or open any gate, bar, or fence of
another and willfully leave it open without the written permission of the owner, or
maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding
shooting on private property.
503.2 Private PropertyRights. No person shall enter any lands, whether unenclosed or enclosed
by a fence, for the purpose of injuring any property or property rights, or with the
intention of interfering with, obstructing, or injuring any lawful business or occupation
carried on by the owner of such land, his or her agent or by the person in lawful
possession.
503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by
a fence, belonging to, or occupied by another, or enter any lands where signs forbidding
trespass are displayed at intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering such lands, without the written permission
of the owner of such land, his or her agent, or of the person in lawful possession, and no
person shall:
4) refuse or fail to leave land,real property, or structures belonging to or lawfully
occupied by another and not open to the general public, upon being requested to
leave by the owner, his or her agent, or the person in lawful possession thereof,
Page 8
5) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or
hunting on such lands; or
6) remove, injure, unlock, or tamper with any lock or any gate on or leading into such
lands; or
7) discharge any firearm.
CHAPTER VI.
PRESERVE USES - COMMERCIAL/REVENUE
i
SECTION 600. SOLICITING.
600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or
otherwise peddle any goods, wares, merchandise, liquids, edibles for human
consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands
except by written permission.
SECTION 601. GRAZING.
601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or
feed on District Lands except with written permission.
SECTION 602. HARVESTING AND PLANTING.
602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or
harvest any plant or agricultural crop on District Lands except with written permission.
SECTION 603. COMMERCIAL FILMING.
603.1 General. No person shall operate a still, motion picture, video, or other camera for
commercial purposes on District Lands except pursuant to a permit authorizing such
activity. This section shall not apply to the commercial operation of cameras as part of
the bona fide reporting of news.
CHAPTER VII.
PRESERVE FEATURES - PROTECTION
SECTION 700. HUNTING AND FISHING.
700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net,poison, or
harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural
habitat of any animal, except by permit.
Page 9
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700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in
lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in
any District preserve except in areas declared by the District to be permitted fishing areas,
where state laws regulate the taking of game fish.
SECTION 701. ANIMALS.
701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas
designated by the District. This subsection shall not apply to:
1) guide and service dogs under physical control, specifically licensed to assist the
blind, deaf, or disabled;
2) use authorized by written permit.
701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times
under control on a leash not to exceed 6 feet, or on a self-retracting leash with a
maximum extended length of 25 feet. The self-retracting leash must have the capability
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of being retracted and locked in a position not to exceed 6 feet. Within a designated area,
no person shall have or allow a dog on a lead greater than 6 feet when:
a. Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable,
public roadway, restroom, visitor center, ranger station, or other place or structure of
public assembly;
b. Within 50 feet of any person this is not the person or persons who entered District lands
with the dog; or
c. Within 50 feet of any body of water, including but not limited to, any reservoir, pond,
lake, creek, stream, bay, tidal area or food control channel.
701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening
or a nuisance to people, other animals, or property. This includes, but is not limited to
growling,barking, baring of teeth, or challenging in any manner, people, animals, or
property.
701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated
animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native
wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural
habitat of any animal on District Lands.
701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other
livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use
granted by the District.
Page 10
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701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living
creature on District Lands,unless specifically permitted by another section of these
regulations.
701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its
excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or
is in an area posted requiring its removal.
701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any
other living creature, wild or domestic, on District Lands without written permission.
701.9 Dogs shall be permitted off leash only in areas specifically designated and signed by the
District as off-leash areas. No person shall allow or have a dog in an off-leash area
unless the dog is at all times under the verbal or radio collar control, and in sight of its
r keeper. The owner r keeper of the do shall have a leash in his or her
owner o o e o
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possession at all times.
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SECTION 702. NATURAL AND CULTURAL RESOURCES.
i
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702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant,
tree, or portion thereof, whether living or dead, including, but not limited to flowers,
mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands.
702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or
unmilled wood on District Lands without satisfactory evidence of lawful acquisition,
such as a sales receipt or written authorization from the owner of the land from which the
tree or wood was acquired.
702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to
damage, injure, take, collect, or remove any object of paleontological, archeological, or
historical interest located on District Lands.
702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt
to damage, injure, take collect, or remove any object of paleontological, archeological, or
historical interest located on District Lands.
702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat,
disturb, or otherwise affect plants, animals, or geological, historical, archeological, or
paleontological materials for research, interpretive, educational, or operational purposes.
SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT.
703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural
feature, or any fence, wail, building, monument, or other property on District Lands. j
Page 11
703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure,
building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or
for any purpose on, below, over, or across a preserve except by written permission,
specifying in detail the work to be done and the conditions to be fulfilled pursuant to the
terms of such authorization.
703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming,
cutting, grooming, or spraying of District Lands or perform any such grounds
maintenance for any purpose except by written permission.
CHAPTER VIII.
DISTRICT LANDS OPERATIONS - GENERAL
SECTION 800. LITTERING.
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800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to
be dumped any material or waste matter in or upon any District Lands, It shall be
unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any
rocks, dirt, or fill material in or upon any District Lands without a permit authorizing
such activity.
800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or
depositing of any waste matter on District Lands in other than appropriate storage
containers or areas designated for such purposes.
i
800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including,
but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or
glowing material, or any garbage,trash, refuse, paper, container, packaging or
construction material, carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person, damage property, or create a hazard.
SECTION 801. PARKING.
801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency
vehicle, or when in compliance with the directions of a peace officer, ranger, or District
employee, in any of the following places:
1) In areas where prohibited by"NO PARKING"signs;
2) On any fire trail;
3) On any equestrian or hiking trail;
4) In such a place or manner as would block or obstruct any gate, entrance, or exit;
5) In such a place or manner as to take up more than one marked parking space in any
authorized parking area;
6) In such a place or manner as to block or obstruct the free flow of traffic;
7) Within 15 feet of a fire hydrant;
8) Adjacent to any curb painted red;
Page 12
9) On any district Lands after sundown except pursuant to a written permit;
10) In areas signed for permit parking on District Lands without a written permit;
11) In any other place on District Lands not designated by the District as an authorized
areas.
SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES
802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District
Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles,
"dirt-bikes,"and similar vehicles.
802.2 Exceptions. This section shall not apply to:
1) emergency vehicles operated within the scope of official use;
2) roads, trails, or paths, which may from time to time be set aside and posted by the
District for the use of specifically designated vehicles;
3) roads and parking areas open to the public during regular open hours.
SECTION 803. SPEED LIMITS.
803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater
than the posted speed limit or than is reasonable or prudent, having due regard for traffic
and road conditions. In no event shall a vehicle be driven at a speed which endangers the
safety of persons, property or wildlife.
SECTION 804. ABANDONED VEHICLES.
804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the
District for 72 consecutive hours or more except in camping areas pursuant to a valid
permit.
804.2 Removal. Any vehicle parked or left standing in violation of this Section may be
removed as provided in the Vehicle Code of the State of California.
804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a
vehicle has been abandoned on District Lands, the vehicle may be removed as authorized
by Vehicle Code Section 22669.
SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference
with development, construction, and management, or to provide for security,
safeguarding, and preservation of District Lands and facilities, the general manager or an
authorized representative may declare an area closed, prohibited, or limited to further
entry. The declaration may include such reasonable classes of persons who may enter, in
the conduct of proper activities or official duties, as the general manager or an authorized
representative may prescribe.
Page 13
805.1 Closed Areas. No person shall, without a written pen-nit issued by the District, enter or
remain in an area of District Land or facilities declared closed, prohibited, or limited by
the general manager or an authorized agent.
805.2 After Hours Use. No person shall enter or remain on District Land"after hours"without
a written permit issued by the District. The term "after hours" is defined as one-half hour
after official sunset to official sunrise the following day.
805.3 No person shall possess or operate a bicycle or similar device on District lands after
hours.
SECTION 806. USE FEES.
806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of
the prescribed fee or charge. Any fee or charge established by the Board for use of
District Lands or facilities shall be paid in advance of such use, unless later payment has
been authorized by the general manager or an authorized representative.
SECTION 807. SCATTERING OF CREMATED REMAINS
807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter any
cremated human or animal remains (cremains) without first having obtained a written
permit from the District, and shall abide by the permit conditions which shall include, but
not be limited to, the following conditions:
a) The scattering of cremains is prohibited: within 1,000 feet of any residence or
dwelling, within 500 feet of any creek, stream, or other body of water, or within 50
feet of any road or trail.
b) Cremains must be scattered, must not be left in a pile, and must not be readily visible
to the public.
c) No containers for the cremains, identification tags, vases, flower pots, or other
associated non-organic materials, or non-native plants, may be left at the site.
d) No memorial, plaque, or other site marker may be left at the site.
e) Any person scattering cremains on District land shall possess and present a valid
District permit when scattering cremains.
Page 14
CARRY PERMIT WITH YOfl
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
BEAR CREEK REDWOODS
OPEN SPACE PRESERVE
PEDESTRIAN USE PERMIT
This permit issued by Midpeninsula Regional Open Space District("District")allows Gary Ruhland and Maurice Trumbo
and Sarah Taylor("the Permittees"),to have pedestrian access to the Bear Creek Redwoods Open Space Preserve.
The Permit is effective unless and until revoked by District for violation of any of its terms. Upon adoption of a Use and
Management Plan,which opens the Preserve to general public use,Permittees shall have all rights of use and access to the
Preserve as are granted to the general public under the Use and Management Plan,and this Permit shall become null and
void. This permit will also become null and void in the event the District Pedestrian Use Permit issued to Candice
Wozniak for access to the Preserve becomes null and void. The geographic area covered by this Permit is the Bear Creek
Redwoods Open Space Preserve(as shown on the attached map, labeled Exhibit"I"). Bicycle,vehicle,motorcycle,
equestrian use and dog access are specifically prohibited under this Permit.
Permit Holders
Name: Gary Ruhland
Address:
Phone: Day: Residence: Fax:
Name: Maurice Trumbo and Sarah Taylor
Address:
Phone: Day: —Residence: Fax:
Permit Rules:
Obey all District Ordinances attached as Exhibit 11,as now in effect or as modified by District from time to time.
Violations of District ordinances are prosecutable as an infraction or misdemeanor.
Access to the Preserve is prohibited before sunrise or one-half hour after sunset.
For fire safety, smoking and fires are prohibited.
Notify District immediately of any unsafe conditions.
For emergencies dial 911.
For your safety and to prevent trail damage, trails and roads or the Preserve may be temporarily or seasonally closed by
the District due to trail, fire or other safety conditions.
This Permit must be carried by Permittees when on the Preserve.
MPOS\4131 1\545874.1 Exhibit 2B
INDEMNIFICATION AND RELEASE OF LIABILITY
I acknowledge that hiking activities contain inherent risks of injury and damage to me personally,and to my
personal property.Knowing these facts,I voluntarily and freely assume all such inherent risks for being permitted
pedestrian use on Bear Creek Redwoods Open Space Preserve and waive,release, discharge and hold harmless the
Midpeninsula Regional Open Space District from any and all right,claim,or liability for damages or for any and
all injuries that might be sustained by me,including injuries to animals,or from any and all claims of any kind or
nature that I might have as a result of participation in any activity on the Preserve. I further agree that I will
defend,protect,indemnity and hold harmless the Midpeninsula Regional Open Space District(including its
employees,directors,officers and agents),against all claims,demands,and causes of action,including court costs
and attorney's fees,directly or indirectly arising from any action or other proceedings brought by me or
prosecuted for my benefit contrary to this Release.
I further agree to indemnify,defend and hold District harmless from and against all claims,suits, damages,costs,
losses or expenses,including reasonable attorney's fees and costs, arising out of or related to any acts,omissions,or
use of the Preserve by any Permittee hereunder. However,if the claim or damage arises out of the alleged
concurrent negligence of District and Permittee,the principles of comparative negligence shall determine the
liability of District and Permittee.
Attachment: Exhibit 1: Map
Exhibit 11: District Ordinances
READ AND AGREED
Date:
Permittee Gary Ruhland
Date:
Permittee Maurice Trumbo
Date:
Permittee Sarah Taylor
APPROVED
Date:
L. Craig Britton,General Manager
Midpeninsula Regional Open Space District
Exhibit 2B
BEAR CREEK REDWOODS OPEN SPACE PRESERVE
Interim Public Access Map
® ACCESS BY PERMIT ONLY (�Lexin tan
CLOSED TO THE PUBLIC Reservoir
Black Road �"� }�� �
Q PERMIT PARKING
Q EQUESTRIAN PERMIT PARKING
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Exhibit I - Wozniak/Tenant Pedestrian Use Permit MROSD - February 2004
EXHIBIT II
REGULATIONS FOR USE OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
Adopted by Ordinance No. 93-1,July 28, 1993
Revised and Adopted by Ordinance No. 96-1, February 28, 1996
Revised and Adopted by Ordinance No. 03-01,June 6, 2003
Revised and Adopted by Ordinance No. 03-02,August 13, 2003
CHAPTER I.
DEFINITIONS
SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as"land
use regulations."
SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District
Lands, to establish orderly use, and to maintain a natural and quiet environment for
persons on the lands. They are established according to the Basic Policy of the Board of
Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27,
1974, that"The District will follow a land management policy that provides proper care
of open space land, allowing public access appropriate to the nature of the land and
consistent with ecological values."
SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall
govern the construction and interpretation of these regulations.
SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District" means the MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands,
structures, improvements, and waters owned, controlled, or managed by MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT.
SECTION 104. PERSON DEFINED. "Person"means any individual, firm, corporation, club,
municipality, district, or public agency, and all associations or combinations of persons
whenever acting for themselves or by any agent, servant, or employee.
SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein,
permit" or"permission"means permission, granted in writing by the general manager or
an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT.
SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and
shall not be considered in the interpretation of this Ordinance, and shall not in any way
affect the conduct or activities covered by other sections of this Ordinance.
Page I
CHAPTER II.
REGULATIONS
SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons,
except as may be provided by resolution, regulation, or rule of the Board or by individual
site use and management plans adopted by the Board.
200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the
issuance thereof. It may by such system require permits for the use of certain lands,
exempt certain lands or classifications of permits there from, and establish a system of
fees and other policies in connection with the administration of a permit system.
200.2 Any person entering upon District Lands shall abide by the rules and regulations of the
District, the regulations or provisions of any sign or posted notice, the conditions of any
permit, the lawful order or other instruction of any District ranger or police officer
appointed by the Board, the laws of the STATE OF CALIFORNIA, and all applicable county
and other local ordinances.
200.3 The provisions of this Ordinance shall not apply to employees and officials of the District
acting within the scope of their authorized duties. However, District employees and
official shall abide by the laws of the STATE OF CALIFORNIA and all applicable county,
and other local ordinances.
200.4 All District lessees, contractors, and consultants shall abide by all provisions of this
Ordinance unless the provision(s)conflicts with a written contract or agreement with the
District. When a conflict occurs, the conditions of the written contract or agreement shall
take precedence. However, lessees, contractors, and consultants shall abide by the laws
of the STATE OF CALIFORNIA and all applicable county, and other local ordinances.
SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the
application of general regulations unless expressly indicated.
CHAPTER III.
GENERAL RULES
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541,
5558, and 5559 of the Public Resources Code of the STATE OF CALIFORNIA, and apply to
all District Lands. A title, where used, does not limit the language of a section.
SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION. Any
violation of this Ordinance or of any rule or regulation adopted by the District is, at the
discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources
Code, Section 5560.)
Page 2
SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph,
sentence, or clause of this Ordinance is, for any reason, held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The Board of Directors
declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence,
and clause thereof, would have been adopted regardless of such possible finding of
invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are
hereby declared to be severable.
SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or
repealed, acts and commissions occurring before the amendment or repeal may be
prosecuted as though such section, rule, or regulation had not been amended or repealed.
SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption,
in a newspaper of general circulation printed, published, and circulated in the District and
shall be effective from and after September 1, 1993.
CHAPTER IV.
PRESERVE USES - GENERAL
SECTION 400. CAMPING.
400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or
prepare food in such a way that will enable a person to remain after closing hours, except
by written permit in designated areas.
400.2 Juvenile. No juvenile shall camp on any District Lands, except when:
1) accompanied by a parent or guardian;
2) part of a group supervised by at least one adult responsible for each ten or fewer
juveniles;
3) the juvenile is an emancipated minor.
400.3 Definition. A juvenile is defined as any person under the age of 18 years.
SECTION 401. SWIMMING.
401.1 General. No person shall swim, wade, or engage in any water-contact activity in any
water areas of the District except in designated areas.
401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a
person comes into physical contact with water areas, including, but not limited to
Page 3
swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does
not include boating or fishing.
401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands,
including, but not limited to, natural and artificial swimming pools, reservoirs, ponds,
lakes, creeks, streams, bays, tidal areas, and flood control channels.
SECTION 402. BOATING.
402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other
vessel of any description in the water of reservoirs, lakes, streams, or other water areas
owned, managed, or controlled by the District, except as expressly allowed by permit or
rule or regulation of the District.
SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUS DEVICES.
403.1 General. No person shall carry,possess, set, leave or deposit, fire or discharge, or cause
to be fired or discharged, across, in, on, or into any portion of District Lands any weapon,
gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting
device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts
throwing device, or any other weapon or device capable of injuring or killing any person
or animal, or damaging property or natural resource.
403.2 Exceptions. This section shall not apply to:
1) the possession of unloaded firearms or dangerous weapons on public roads solely for
the purpose of transporting such firearms or dangerous weapons through District
Lands for lawful purposes;
2) the possession of firearms or other dangerous weapons at a place of residence or
business located on District Lands by a person in lawful possession of the residence
or business;
3) the possession and use granted by permit for resource management or educational
purposes.
SECTION 404. FIRES.
404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a
fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or
fireplaces established by the District. A fire shall include, but not be limited to any
campfire, ground fire,warming fire, signal fire, charcoal fire, stove, gas lantern, punk,
candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to
the permitted use of gas camp stoves or gas lanterns when used in designated camping
areas.
404.2 Smoking. No person shall smoke on District Lands, except in designated areas.
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SECTION 405. SANITATION.
405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks,
portable toilets, or other fixtures upon or into the ground or water.
405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom
or other structure except into fixtures provided for that purpose.
405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood,
paper, stone, or other substances in any fixture in such a manner as would interfere with
the normal operation of such fixture.
405.4 Public View. No person shall defecate or urinate in public view.
SECTION 406. METAL DETECTORS.
i
406.1 General. No person shall use a metal detector or similar device on District Lands, except
as provided in subsection 702.5.
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SECTION 407. DISTURBING THE PEACE.
407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any
unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct
any person from peacefully entering any property of the District, or preventing or
obstructing free passage or transit over or through any lands of the District.
407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the
peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in
the normal, safe use of District Lands or facilities.
407.3 Noise. No person shall play or operate any sound or energy amplification devices,
including radios, television sets, public address systems, musical instruments, or similar
devices in such a way as to be audible beyond 100 feet of such device or musical
instrument, or in such a manner as to disturb the quiet of District Lands and facilities,
without prior written permission.
407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any
request, direction, or order given by any ranger or other employee charged with the
control, management, or protection of District property or resources when such request,
direction or order is given in the lawful performance of his or her duties.
SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on
District Lands without first obtaining a permit for the use of the specific areas or facilities
involved. No such permit shall be granted if it is found that the time, place, and/or size
of the meeting, rally, or similar event will disrupt or unreasonably interfere with the
normal use, operation, or management of the site or facility, or have an adverse impact on
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the ecological or historical characteristics of any District Lands.
408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or
event on District Lands without written permission when the activity or event:
1) is advertised or noticed in any publication, poster, or flyer; or
2) requests or requires a fee be paid for participation; or
3) may be attended by twenty(20) or more people.
SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES.
409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be
discharged, on or into any portion of District Lands any firecrackers, missiles, rockets,
fireworks, or explosives.
409.2 Harmful Substances. No person shall possess, place, or apply any substance on District
Lands harmful to any person, property, wildlife, or vegetation.
409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf
balls on, over, or into District Lands.
409.4 Model Craft. No erson shall operate an model airplanes,boats automobiles or other
p P Y rP
model craft of any kind or description on, over, or into any portion of District Lands,
except by written permit in designated areas.
409.5 Human Flight. No person shall hang-glide,
parachute, parasall or engage in any human
flight on, over, or into District Lands, except by written permit in designated areas.
409.6 Skatin . No person shall roller skate, in-line skate, grass skate, or operate a self-
propelled or motorized skate board or other similar device on District Lands.
409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or
activity, or operate any device that recklessly or negligently endangers the safety of any
p
person, or property, or interferes with visitor activities.
SECTION 410 ALCOHOLIC BEVERAGES.
410.1 General. No
Person shallpo
ssess or consume
ume alcoholic beverages except be
er and wine,
and only as part of a picnic meal.
410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area
that has been declared by the general manager or an authorized representative to be a
prohibited area.
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SECTION 411. SIGNS.
411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign
duly erected or posted on District Lands.
411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited
to, any bill, advertisement, directional or informational sign, or inscription whatsoever on
any tree, fence,building, monument, or other property on District Lands, without written
permission.
CHAPTER V.
RID G PRESERVE USES - IN /HIKING TRAILS
SECTION 500. RIDING/ HIKING TRAILS.
500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless
otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and
equestrians are required to slow to 5 miles per hour when passing others or approaching
blind turns. In no case shall a person operate a bicycle, or ride a horse or other such
speed
s than is reasonable prudent,animal at a pc greater , r , or safe.
500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a
saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel
designated or signed to prohibit such use.
500.3 Gates. Any person opening a gate shall close the gate.
SECTION 501. SADDLE ANIMALS.
501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or
other animal in any area designated or signed to restrict such use. Saddle or pack horses,
ponies, mules, or any other animals must stay on designated trails, roadways, and
cultivated firebreaks.
501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless
or negligent manner so as to endanger public property, or the life, limb, or property of any
person or animal. No person shall allow his or her saddle or pack animal to stand
unattended or insecurely tied.
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501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device
attached to a horse, mule, donkey, or other animal on District Lands without a written
permit.
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SECTION 502. BICYCLES.
502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District
Lands in areas designated or signed to restrict such activity. Bicycles must stay on
designated trails and roadways.
502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so
as to endanger public property, or the life, limb, or property of any person or animal.
502.3 Helmets. No person eighteen years or older shall operate a bicycle upon District Lands
unless that person is wearing a properly fitted and fastened bicycle helmet that meets the
standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet
standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in
Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard).
502.4 Walk-OnlyZones. No person shall ride a bicycle on a section of trail designated or
signed as a walk-only zone. Any person may dismount and walk a bicycle through a
walk-only zone.
SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section
602 of the Penal Code of California.
503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise
destroy any fence on the enclosed land of another, or open any gate, bar, or fence of
another and willfully leave it open without the written permission of the owner, or
maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding
shooting on private property.
503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed
w' the
or property rights, or with by a fence, for the purpose of injuring any property p p y g ,
intention of interferingwith, obstructing, or injuring an lawful business or occupation
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carried on by the owner of such land, his or her agent or by the person in lawful
possession.
503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by
a fence, belonging to, or occupied by another, or enter any lands where signs forbidding
trespass are displayed at intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering such lands, without the written permission
of the owner of such land, his or her agent, or of the person in lawful possession, and no
person shall:
lon in t lawfully or structures be o or la
or fail to leave land realproperty,
4 refuse
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occupied by another and not open to the general public, upon being requested to
leave by the owner, his or her agent, or the person in lawful possession thereof;
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5) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or
hunting on such lands; or
6) remove, injure, unlock, or tamper with any lock or any gate on or leading into such
lands; or
7) discharge any firearm.
CHAPTER VI.
PRESERVE USES - COMMERCIAL/REVENUE
SECTION 600. SOLICITING.
600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or
otherwise peddle any goods, wares, merchandise, liquids, edibles for human
consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands
except by written permission.
SECTION 601. GRAZING.
601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or
feed on District Lands except with written permission.
SECTION 602. HARVESTING AND PLANTING.
602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or
harvest any plant or agricultural crop on District Lands except with written permission.
SECTION 603. COMMERCIAL FILMING.
603.1 General. No person shall operate a still, motion picture, video, or other camera for
commercial purposes on District Lands except pursuant to a permit authorizing such
activity. This section shall not apply to the commercial operation of cameras as part of
the bona fide reporting of news.
CHAPTER VII.
PRESERVE FEATURES - PROTECTION
SECTION 700. HUNTING AND FISHING.
700.1 Huntin . No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or
harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural
habitat of any animal, except by permit.
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700.2 Fishin . No person shall take, net, molest, disturb, injure, poison, or harm any fish in
lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in
any District preserve except in areas declared by the District to be permitted fishing areas,
where state laws regulate the taking of game fish.
SECTION 701. ANIMALS.
701.1 Does. No person shall allow or have a dog on District Lands except in those areas
designated by the District. This subsection shall not apply to:
1) guide and service dogs under physical control, specifically licensed to assist the
blind, deaf, or disabled;
2 use authorized by written permit.
701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times
under control on a leash not to exceed 6 feet, or on a self-retracting leash with a
maximum extended length of 25 feet. The self-retracting leash must have the capability
of being retracted and locked in a position not to exceed 6 feet. Within a designated area,
no person shall have or allow a dog on a lead greater than 6 feet when:
a. Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable,
public roadway, restroom, visitor center, ranger station, or other place or structure of
c assembly
;
y,
b. Within 50 feet of any person this is not the person or persons who entered District lands
with the dog; or
c. Within 50 feet of any body of water, including but not limited to, any reservoir, pond,
lake, creek, stream,bay, tidal areaorf.Qod control channel.
701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening
or a nuisance to people, other animals, or property. This includes, but is not limited to
growling, barking, baring of teeth, or challenging in any manner, people, animals, or
property.
701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated
animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native
wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural
habitat of any animal on District Lands.
701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other
livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use
granted by the District.
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701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living
creature on District Lands, unless specifically permitted by another section of these
regulations.
701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its
excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or
is in an area posted requiring its removal.
701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any
other living creature, wild or domestic, on District Lands without written permission.
701.9 Dogs shall be permitted off leash only in areas specifically designated and signed by the
District as off-leash areas. No person shall allow or have a dog in an off-leash area
unless the dog is at all times under the verbal or radio collar control, and in sight of its
owner or keeper. The owner or keeper of the dog shall have a leash in his or her
possession at all times.
SECTION 702. NATURAL AND CULTURAL RESOURCES.
702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant,
tree, or portion thereof, whether living or dead, including, but not limited to flowers,
mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands.
f Gathered W Prohibited. No person shall transport or possess a tree or
702.2 Possession o G r Wood o p p
unmilled wood on District Lands without satisfactory evidence of lawful acquisition,
such as a sales receipt or written authorization from the owner of the land from which the
tree or wood was acquired.
702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to
damage, injure, take, collect, or remove any object of paleontological, archeological, or
historical interest located on District Lands.
702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt
to damage, injure, take collect, or remove any object of paleontological, archeological, or
historical interest located on District Lands.
702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat,
disturb, or otherwise affect plants, animals, or geological, historical, archeological, or
paleontological materials for research, interpretive, educational, or operational purposes.
SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT.
703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural
feature, or any fence, wall, building, monument, or other property on District Lands.
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703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure,
building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or
for any purpose on, below, over, or across a preserve except by written permission,
specifying in detail the work to be done and the conditions to be fulfilled pursuant to the
terms of such authorization.
703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming,
cutting, grooming, or spraying of District Lands or perform any such grounds
maintenance for any purpose except by written permission.
CHAPTER VIII.
DISTRICT LANDS OPERATIONS - GENERAL
SECTION 800. LITTERING.
800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to
be dumped any material or waste matter in or upon any District Lands, It shall be
unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any
rocks, dirt, or fill material in or upon any District Lands without a permit authorizing
such activity.
800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or
depositing of any waste matter on District Lands in other than appropriate storage
containers or areas designated for such purposes.
800.3 Definition. Waste matter is defined as discarded,used, or leftover substances including,
but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or
glowing material, or any garbage, trash, refuse, paper, container, packaging or
construction material, carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person, damage property, or create a hazard.
SECTION 801. PARKING.
801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency
vehicle, or when in compliance with the directions of a peace officer, ranger, or District
employee, in any of the following places:
1) In areas where prohibited by"NO PARKING" signs;
2) On any fire trail;
3) On any equestrian or hiking trail;
4) In such a place or manner as would block or obstruct any gate, entrance, or exit;
5) In such a place or manner as to take up more than one marked parking space in any
authorized parking area;
6) In such a place or manner as to block or obstruct the free flow of traffic;
7) Within 15 feet of a fire hydrant;
8) Adjacent to any curb painted red;
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9) On any district Lands after sundown except pursuant to a written permit;
10) In areas signed for permit parking on District Lands without a written permit;
11) In any other place on District Lands not designated by the District as an authorized
areas.
SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES
802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District
Lands. Motor vehicle includes, but is not limited to,motorcycles, off-road vehicles,
"dirt-bikes,"and similar vehicles.
802.2 Exceptions. This section shall not apply to:
1) emergency vehicles operated within the scope of official use;
2) roads, trails, or paths, which may from time to time be set aside and posted by the
District for the use of specifically designated vehicles;
3) roads and parking areas open to the public during regular open hours.
SECTION 803. SPEED LIMITS.
803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater
than the posted speed limit or than is reasonable or prudent, having due regard for traffic
and road conditions. In no event shall a vehicle be driven at a speed which endangers the
safety of persons, property or wildlife.
SECTION 804. ABANDONED VEHICLES.
804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the
District for 72 consecutive hours or more except in camping areas pursuant to a valid
permit.
804.2 Removal. Any vehicle parked or left standing in violation of this Section may be
removed as provided in the Vehicle Code of the State of California.
804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a
vehicle has been abandoned on District Lands, the vehicle may be removed as authorized
by Vehicle Code Section 22669.
SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference
with development, construction, and management, or to provide for security,
safeguarding, and preservation of District Lands and facilities, the general manager or an
authorized representative may declare an area closed, prohibited, or limited to further
entry. The declaration may include such reasonable classes of persons who may enter, in
the conduct of proper activities or official duties, as the general manager or an authorized
representative may prescribe.
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805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or
remain in an area of District Land or facilities declared closed, prohibited, or limited by
the general manager or an authorized agent.
805.2 After Hours Use. No person shall enter or remain on District Land"after hours"without
a written permit issued by the District. The term "after hours" is defined as one-half hour
after official sunset to official sunrise the following day.
805.3 No person shall possess or operate a bicycle or similar device on District lands after
hours.
SECTION 806. USE FEES.
806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of
the prescribed fee or charge. Any fee or charge established by the Board for use of
District Lands or facilities shall be paid in advance of such use, unless later payment has
been authorized by the general manager or an authorized representative.
SECTION 807. SCATTERING OF CREMATED REMAINS
807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter any
cremated human or animal remains (cremains) without first having obtained a written
permit from the District, and shall abide by the permit conditions which shall include, but
not be limited to, the following conditions:
a) The scattering of cremains is prohibited: within 1,000 feet of any residence or
dwelling, within 500 feet of any creek, stream, or other body of water, or within 50
feet of any road or trail.
b) Cremains must be scattered, must not be left in a pile, and must not be readily visible
to the public.
c) No containers for the cremains, identification tags, vases, flower pots, or other
associated non-organic materials, or non-native plants, may be left at the site.
d) No memorial, plaque, or other site marker may be left at the site.
e) Any person scattering cremains on District land shall possess and present a valid
District permit when scattering cremains.
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