Loading...
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. X * * * * * * * * * * * * * * * * * * 3; * * * * * * * * * 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. Page two 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.