HomeMy Public PortalAboutOrdinance - 77-01 - 19770409 - Land Use RegulationsORDINANCE NO.
77-1
ORDINANCE OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL PARK DISTRICT
AMENDING REGULATIONS FOR USE OF MIDPEN-
INSULA REGIONAL PARR DISTRICT LANDS
The Board of Directors of the Midpeninsula Regional
Park District does hereby ordain that Ordinance No. 75-1,
adopted April 9, 1975, be amended as follows:
Section One. Sections 200 and 200.1 of Ordinance
No. 75-1 shall read as follows:
SECTION 200. GENERAL REGULATIONS. District
lands shall be open and accessible to all
persons except as may be provided by resolu-
tion, 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, regula-
tion -or -rule -provide -fora -system of permits
and the issuance thereof. It may by such
system require permits for the use of certain
lands, the exemption of certain lands or
classifications of persons therefrom, a sys-
tem of fees, and the establishment of other
policies in connection with the administra-
tion of a permit system.
Section Two. Section 801.2 of Ordinance No. 75-1
shall read as follows:
801.2 A person may ride or use a paddle
horse, pony, mule or similar animal only on
portions of District lands designated in site
use and management plans adopted by the Board.
Pursuant to a lease, license or other entitle-
ment of use granted by the Board, a person
may keep or raise cattle, horses, sheep or
other livestock on designated District lands.
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ORDINANCE NO. 77-1
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Park District on January 26 , 19 77 , at a regular
meeting thereof, by the following vote:
AYES: K. Duffy, B. Green, G. Seager, H. Turner, E. Shelley and
D. Wendin
NOES: None
ABSTAIN: None
ABSENT:
ATTEST:
N. Hanko
Secretar Board
APPROVED:
vim_ i; • , , " 'VQ-�•�.._`
ectors President, oard of Directors
I, the District Clerk of the `iidpeninsula Regional Park District,
hereby certify that the above is a true and correct copy of a
ordinance duly adopted by the Board of Directors of the District
by the above vote at.a meeting thereof duly held and called on
the above date.
District Clerk
REGULATIONS FOR USE OF
MIDPENINSULA REGIONAL PARK DISTRICT LANDS
(Adopted by Ordinance No. 75-1,
- April 9, 1975)
(Amended by Ordinance No. 77-1,
.'•a^.'.'ary 26, 1977)
CHAPTER I - DEFINITIONS
SECTION 100. TITLE. The rules and regulations contained herein
shall be known as "Regulations for Use of Mid -
peninsula Regional Park District Lands" and may be
referred to as such or as "land regulations."
SECTION 101. PURPOSE. In order to provide responsible steward-
ship for District lands, to establish orderly use
and to maintain natural and quiet environment for
persons on the lands, these regulations are adopted.
They are established pursuant to the Basic Policy
of the Board of Directors of the Midpeninsula Reg-
ional Park District, adopted March 27, 1974, that
"The District will follow a land management policy
that provides proper care of open space land, al-
lowing public access appropriate to the nature of
the land and consistent with ecological values."
SECTION 102. DEFINITIONS. Unless the context otherwise requires,
the definitions hereinafter set forth shall govern
the construction of these regulations.
SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District" means
the Midpeninsula Regional Park District, and includes
all lands and waters owned, controlled, or managed
by the Midpeninsula Regional Park District, which
shall hereinafter be referred to as "District lands".
SECTION 104. PERSON DEFINED. "Person" means any natural person,
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 ex-
pressly provided herein, "permit" or "permission"
means per ission, granted by the General Manager of
the Midpe�insula Regional Park District or an auth-
orized representative.
SECTION 106. BOARD DEFINED. "Board" means the Board of Directors
of the Midpeninsula Regional Park District.
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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.
CHAPTER II - REGULATIONS
SECTION 200. GENERAL REGULATIONS. District lands shall be open
and accessible to all persons except as may be pro-
vided 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, the exemption of certain
lands or classifications of permits therefrom, a
system of fees, and the establishment of 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/or municipal ordinances.
200.3 The provisions of this Ordinance shall not apply
to employees of the District or to its lessees or
their employees engaged in and acting within the
scope of their authorized duties and lessee activi-
ties. However, District employees and lessees and
their employees shall abide by the laws of the State
of California and all applicable county and/or muni-
cipal ordinances.
SECTION 201. SPECIAL REGULATIONS. Special regulations enacted
for an area or a subject do not preclude the appli-
cation of general regulations unless expressly so
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 Calif-
ornia, and apply to all District lands. A title,
where used, does not limit the language of a section.
Page three
SECTION 301. VIOLATIONS OF ORDINANCE A MISDEAMEANOR OR INFRACTION.
Any violation of this Ordinance or of any rule or
regulation adopted by the District is, in the dis-
cretion of the prosecutor or the court, a misdemeanor
or infraction. Any judge of a justice court within
the District or any municipal court which may be
established within the District, shall have juris-
diction of all prosecutions under this article for
violations of any ordinances, rules or regulations
adopted by the Board of Directors of any regional
park district. (Public Resources Code, Section 5560).
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 unconstitution-
ality shall not affect the validity or constitution-
ality of the remaining portions of this Ordinance;
and the Board of Directors declares that this Ordin-
ance, and each chapter,section, subsection, para-
graph, sentence, and clause thereof would have been
adopted irrespective 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. Where a section herein or
rule or regulation adopted pursuant thereto is
amended or repealed, acts and commissions prior
thereto may be prosectued as though such section,
rule or regulation had not been so amended or re-
pealed.
CHAPTER IV - PARK USES GENERAL
SECTION 400. CAMPING.
400.1 No person shall maintain a camp on District lands,
except a camp may be maintained in designated areas
if a valid permit therefor has been obtained from
the District.
400.2 No person who is a juvenile shall camp on any Dis-
trict lands except as follows:
(a) A juvenile who is accompanied by a parent or
guardian.
(b) A juvenile who is a part of a group permitted
to occupy District lands and who is supervised
by at least one adult responsible for each
ten juveniles or portion of ten thereof.
Page four
(c) The term juvenile as used herein shall be con-
strued to mean any person under the age of 18
years.
SECTION 401. SWIMMING.
401.1 General. No person shall swim, wade, or engage in
any other water -contact activity in any water areas
of the District except in those areas so designated.
•
401.2 Definition. As used in this section, "water -contact
activity" means any activity in which the body of
a person comes into physical contact with water,
including but not limited to swimming, wading, aqua
planing, paddle boarding, skin diving and water ski-
ing. It does not include boating or fishing.
401.3 Definition. As used in this section, "water areas
of the District" include, but are not limited to,
all natural and artificial swimming pools, reser-
voirs, lakes, streams and flood control channels.
SECTION 402. DROWNING; FALSE REPORTS. No person shall report, or
cause to be reported, or in any other manner com-
municate to any lifeguard employed by the District,
or any other employee of the District, or law en-
forcement officer, an account of a drowning, which
such person knows to be false.
SECTION 403. FIREARMS AND DANGEROUS WEAPONS.
403.1 Restriction. Except as provided in subsection 403.2
of this Section, no person shall have in his/her
possession on District lands, and no person shall
fire or dishcarge, or cause to be fired or discharged,
across, in, or into any portion of District lands
any gun or firearm, spear, bow and arrow, cross bow,
sling shot, air or gas weapon, or any other dangerous
weapon.
403.2 Exception. The provisions of subsection 403.1 of
this Section shall not apply to any of the following
cases:
(a) 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.
(b) 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.
Page five
SECTION 404. FIRES. No person shall build, light, or maintain
any open or outdoor fire at any place on District
lands, without a fire permit, except in areas or
facilities provided and designated for this purpose.
Upon a finding of extreme fire hazard by the General
Manager or an authorized representative, no person
shall smoke, or build fires, in areas other than
those designated by said officer.
SECTION 405. INDECENT EXPOSURE. Exposing oneself with the intent
of directing public attention to one's private parts
for purposes of sexual arousal, gratification, or
affront is prohibited. (Penal Code, Section 314).
SECTION 406. METAL DETECTORS. No person shall use a metal detector
or similar device on District lands, except as pro-
vided in Section 806.
SECTION 407. OBSTRUCTIONS. No person shall continue to engage
in any course of conduct on any District lands after
he or she is advised by a Ranger or other District
employee or agent having authority to regulate or
manage the area, that such conduct unreasonably and
unnecessarily impairs or limits the lawful use and
enjoyment of such facility or area by other persons,
or impairs the ability of any District employee or
agent to perform his or her authorized duties and
activities, because such conduct is causing a mater-
ial, physical obstruction to (i) the normal lawful
movement of other persons in or through the area,
or (ii) to normal access of other persons to any
District facility or area.
SECTION 408. ASSEMBLY. It shall be unlawful for any person or
group to conduct a group meeting, rally, or similar
gathering on District lands without first obtaining
a permit for the use of the specific area or facility
involved. No such permit shall be granted if it is
found that the time, place and/or size of the meeting,
rally, etc. will disrupt or unreasonably interfere
with the normal use, operation or management of the
site or facility or have an adverse impact on the
ecological characteristics thereof.
SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. Except in areas
specifically designated and set aside from time to
time by the Board for such activities, no person shall
engage in any of the following activities on District
lands:
409.1 Use or possess fireworks of any kind.
409.2 Drive, chip, or in any other manner play or practice
golf, or hit golf balls,
409.3 Operate self-propelled model airplanes, boats, auto-
mobiles, or other model craft of any kind or descrip-
tion.
Page six
409.4 Throw, release, or discharge missiles, rockets, or
similar projectiles.
409.5 Hang -glide or parachute.
409.6 Engage in any activity or operate any device reck-
lessly or negligently so as to endanger the life,
limb or property of any person.
SECTION 410. ALCOHOLIC BEVERAGES.
Only beer and wine.shali be possessed or consumed;
other alcoholic beverages are prohibited on District
lands.
SECTION 411. REMOVAL OF SIGNS. No person shall remove any sign
duly erected or posted on District lands.
CHAPTER V - PARK USES: AQUATICS, BOATING
SECTION 500. BOATING. No person shall place a boat, kayak, rub-
ber raft or other vessel of any description in the
water of reservoirs, lakes, streams or other bodies
of water owned, managed, or controlled by the Dist-
rict except as expressly allowed by permit or rule
or regulation of the District.
SECTION 501. LITTERING WATERS. It shall be unlawful for any per-
son to litter or cause to be littered, or dump or
cause to be dumped, any wastematter into any bay,
lagoon, channel, river, creek, slough, canal, lake
or reservoir, or other stream or body of water, or
upon a bank, beach, or shore within 150 feet of
the high water mark of any such water. (Penal Code
Section 374 (e)).
CHAPTER VI - PARK USES: RIDING/HIKING TRAILS
SECTION 600. GENERAL. No person shall ride, drive, lead, or •
keep a saddle horse, pony, mule or other such animal
at any area designated by the Board as so restricted.
SECTION 601. SADDLE ANIMALS. No person shall ride,
or keep any saddle or pack animal in a
negligent manner so as to endanger the
or property of any person or animal.
allow his or her saddle or pack animal
attended or insecurely tied.
drive, lead,
reckless or
life, limb
No person shall
to stand un-
SECTION 602. GATES. Any person opening a gate shall close the
same after passing through it.
Page seven
SECTION 603. TRESPASSES. The following acts, among others
are declared to be unlawful by Section 602 of the
Penal Code of California.
603.1 Willfully opening, tearing down, or otherwise
destroying any fence on the enclosed land of another,
or opening any gate, bar or fence of another and
willfully leaving it open without the written per-
mission of the owner, or maliciously tearing down,
mutiliating or destroying any sign, signboard, or
other notice forbidding shooting on private property.
603.2 Entering any lands, whether unenclosed or enclosed
by fence, for the purpose of injuring any property
or property rights or with the intention of inter-
fering with, obstructing, or injuring any lawful
business or occupation carried on by the owner of
such land, his/her agent or by the person in lawful
possession.
603.3 Entering any lands under cultivation or enclosed
by fence, belonging to, or occupied by, another, or
entering upon uncultivated or unenclosed 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/her agent or of the person in
lawful possession, and
(a) Refusing or failing to leave such lands imme-
diately upon being requested by the owner of
such land, his/her agent or by the person in
lawful possession to leave such land, or
(b) Tearing down, mutilating, or destroying any
sign, signboard, or notice forbidding trespass
or hunting on such lands, or
(c) Removing, injuring, unlocking, or tampering
with any lock or any gate on or leading into
such lands, or
(d) Discharging any firearm, or
(e) Refusing or failing to leave land, real proper-
ty, 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/her agent, or the person in lawful
possession thereof.
Page eight
CHAPTER VII - PARK USES: COMMERCIAL/REVENUE
SECTION 700. SOLICITING. No person shall solicit, sell, hawk, or
otherwise peddle any goods, wares, merchandise,
liquids, edibles for human consumption on District
land except by concession or written permission
granted by the Board.
SECTION 701. GRAZING. No person shall permit cattle, sheep,
goats, or any animal to graze on any District lands
except with written permission of the Board.
SECTION 702. HARVESTING. No person shall plant, cultivate, or
harvest any agricultural crops on District lands
except with written permission of the Board.
SECTION 703. COMMERCIAL FILMING. No person shall operate a
still or motion picture, video or other camera for
commercial purposes on District lands except pur-
suant 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 VIII - PARK FEATURES: PROTECTION
SECTION 800. HUNTING AND FISHING.
800.1 General. No person shall hunt, molest, disturb,
injure, trap, take, net, poison or harm any kind
of animal, whether living or dead, or remove, de-
stroy or in any manner disturb the natural habitat
of any animal.
800.2 Fishing. No person shall take, net, molest, dis-
turb, injure, poison or harm any fish without a
permit expressly authorizing such activity.
SECTION 801. ANIMALS.
801.1 Dogs and Cats Prohibited. Because it is the Dis-
trict's policy to avoid disruption or disturbance
of wildlife on District lands, no dog, cat, or
similar animal, even if leashed, shall be permitted
on District lands, except for seeing -eye dogs for
the blind in areas designated by the Board.
801.2 Horses and Livestock. A person may ride or use a
saddle horse, pony, mule or similar animal only on
portions of District lands designated in site use
and management plans adopted by the Board. Pursuant
to a lease, license or other entitlement of use granted
by the Board, a person may keep or raise cattle, horses,
sheep or other livestock on designated District lands.
Page nine
use granted by the Board, a person may keep or
raise cattle, horses, sheep or other livestock on
designated District lands.
SECTION 802. ABANDONED ANIMALS. No person shall abandon. a dog,
cat, fish, fowl, or other animal on District lands.
SECTION 803. PLANTS. No person shall damage, injure, collect,
or remove any plant or tree or portion thereof,
whether living or dead, including but not limited
to flowers, mushrooms, bushes, vines, grass, turf,
cones and dead wood located on Distrct lands. (See
also Penal Code, Section 384a).
SECTION 804. GEOLOGICAL FEATURES. No person shall damage, in-
jure, collect or remove earth, rocks, sand, gravel,
fossils, minerals, features of caves, or any article
or artifact of geological interest or value located
on District lands.
SECTION 805. ARCHEOLOGICAL FEATURES. No person shall damage,
injure, collect or remove, any object of paleonto-
logical, archeological or historical interest or
value located on District lands. (Penal Code Sec-
tion 6221/2).
SECTION 806. SPECIAL PERMISSION. Special peiiiiission (Section
103) may be granted to remove, treat, disturb, or
otherwise affect plants or animals or geological,
historical, archeological, or paleontological
materials for research, interpretative, educational
or operational purposes.
SECTION 807.
DEFACEMENT OF PROPERTY. No person shall without
a permit cut, carve, paint, mark, paste, or fasten
on any tree, fence, wall, building, monument, or
other property on District lands, any bill, adver-
tisement, directional or informational signs, or
inscription whatsoever.
CHAPTER IX - DISTRICT LANDS OPERATIONS: GENERAL
SECTION 900. LITTERING (Penal Code Section 374).
900.1 Definitions: Littering; Waste Matter.
(a) Littering means the willful or negligent throw-
ing, dropping, placing, depositing, or sweep-
ing, or causing any such act, of any waste mat-
ter on District lands in other than appropriate
storage containers or areas designated for
such purposes.
Page ten
(b) Waste matter means discarded, used, or left-
over substance including, but not limited to,
a lighted or nonlighted 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 or create a traffic hazard.
900.2 Littering or Dumping. No person shall litter or
cause to be littered any District lands, or dump
or cause to be dumped any 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 or dirt in or upon any District
lands without a peiiuit authorizing such activity.
SECTION 901. PARKING: PROHIBITED AREAS.
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:
(a) In areas where prohibited by "NO PARKING" signs.
(b) On any fire trail.
(c) On any equestrian or hiking trail.
(d) In such a place or manner as would block or
obstruct any gate, entrance, or exit.
(e) In such a place or manner as to take up more
than one marked parking space in any author-
ized parking area.
(f) In such a place or manner as to block or ob-
struct the free flow of traffic.
(g) Within 15 feet of a fire hydrant
(h) Adjacent to any curb painted red.
(i) Any District lands after sundown except pur-
suant to a valid permit.
SECTION 902. OPERATION OF MOTOR VEHICLES: OFF -ROAD VEHICLES.
902.1 General. No motor vehicle may be operated on Dis-
trict lands except on established paved roads that
are not closed to the public. Motor vehicle in-
cludes, but is not limited to, motorcycles, off -
road vehicles, "dirt bikes", and similar vehicles.
902.2 Exceptions.
(a) This section shall not apply to authorized
emergency vehicles.
Page eleven
(b) This section shall not apply to areas, roads,
trails, or paths which may from time to time
be set aside and posted by the Board for the
use of specifically designated vehicles.
SECTION 903. SPEED LIMITS. No person shall drive a vehicle on
District lands at a speed greater than is reason-
able or prudent, having due regard for traffic on,
and the surface and width of, the road, and in no
event at a speed which endangers the safety of per-
sons, property, or wildlife, provided, however,
that in no event shall a vehicle be driven at a
speed greater than the posted speed limit for
that area.
SECTION 904. ABANDONED VEHICLES.
904.1 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.
904.2 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.
904.3 Abandonment. Whenever a District ranger has rea-
sonable grounds to believe that a vehicle has been
abandoned on District lands, the vehicle may be
removed as authorized by Vehicle Code Section 22702.
SECTION 905 PROHIBITED AREA. To insure the safety and health
of persons, to avoid interference in development,
construction, and management, or to provide for
the security, safeguarding, and preservation of
District lands and facilities, the General Manager
or an authorized representative may from time to
time upon such finding declare an area closed,
prohibited, or limited to further entry, and specify
the period therefor. If the order is to close an
area, the order may include such reasonable classes
of persons who may enter therein in the conduct of
such proper activities or official duties as the
General Manager or an authorized representative may
prescribe. If the order is to limit the number of
persons in an area, no person shall enter the area
unless specifically authorized by the General Manager
or an authorized representative.
When by order a prohibited or limited area has been
so declared, no person so prohibited shall during
the effective period therefor enter therein, and all
Page twelve
prohibited persons within. such area at the time
it is so declared shall leave the same without
any appreciable delay, and in so doing shall obey
and abide by all instructions of the supervising
District employee.
SECTION 906. DECLARATION OF NOISE POLICY. It is hereby declared
to be the policy of the District to prohibit un-
necessary, excessive, and annoying noises from all
sources subject to its jurisdiction. At certain
levels, noises are detrimental to the health and
welfare of District land users, and it .is in the
public interest to systematically minimize such
noises.