Calaveras County Municipal Code Ch. 12.20 Recreation Areas

The ordinance codified in this chapter establishes and prescribes measures for the regulation of recreation areas within the county. It shall be known as the recreation ordinance.

(Ord. 391 § 100, 1967).

The definitions in this section shall govern the contents of this chapter and of park rules which are published under its authority. The definition of a word applies to any of its variants.

A. "Aquaplane" means a device including but not limited to water skis which may be used for carrying one or more persons or property while being towed behind or propelled by a boat.

B. "Boat" means a device in or upon which one or more persons or property may be carried over, on or beneath the surface other than an aquaplane.

C. "Park manager" means the operator, manager, owner, lessee or governmental representative controlling and supervising the recreation area.

D. "Public waters" means a lake, river, stream or other body of water, whether natural or artificial, situated within or partially within the county and over which the county has police power jurisdiction, either exclusively or concurrently with the United States, the state or some other county or combination thereof.

E. "Recreation area" means park or recreation area situated within the unincorporated area of the county, operated, owned, leased or controlled by an individual, partnership, corporation or governmental agency.

(Ord. 391 §§ 200-206, 1967).

The park manager may invoke any or all provisions of this chapter, and if they are so invoked they will have the same force as if they were included in this section, by submitting his proposed park rules containing the appropriate provisions of this chapter to the sheriff for concurrence and the board of supervisors for approval. This approval, if granted, will be in the form of a resolution of the board ordering the inclusion of appropriate parts of the park rules within the scope of this chapter. Such park rules must contain a description and map of the territory for which approval is requested. Such park rules must be posted at the entrance or entrance gate of the recreation area and at bulletin boards or other prominent places of public notice within the recreation area.

(Ord. 391 § 101, 1967).

It is unlawful for any person to enter a recreation area or open one thereof except as permitted by the park manager.

(Ord. 391 § 300, 1967).

By rules adopted from time to time a park manager may establish and designate open and closed areas within the recreation area.

(Ord. 391 § 301, 1967).

Standards for the designation of open and closed areas are as follows:

A. The park manager shall designate the following portions of the recreation area as closed areas:

1. Areas unsafe for use by the public;

2. Areas subject to unreasonable fire hazards;

3. Areas without adequate sanitary facilities; and

4. Areas requiring special protection for the benefit of wildlife and planted or natural vegetation.

B. The park manager shall designate all portions of the recreation area not designated as closed as open areas.

(Ord. 391 § 302, 1967).

Portions of the recreation area designated as closed areas pursuant to this chapter shall be posted along the exterior boundaries of such portion of the recreation area by appropriate signs.

(Ord. 391 § 303, 1967).

No person shall land any aircraft on or take off in any aircraft on public waters, or parachute any person or object into the recreation area, except with the approval of the park manager.

(Ord. 1524 § 1, 1982: Ord. 391 § 304, 1967).

Pedestrian access into the recreation area shall be permitted only at points established by the park manager. No person shall climb over or otherwise pass over or under any perimeter fence of the recreation area.

(Ord. 391 § 305, 1967).

No person shall cut, mutilate or in any way damage or alter any fence around the recreation area. No person shall open closed gates nor close open gates around the recreation area without the express written permission of the park manager.

(Ord. 391 § 306, 1967).

Entrance by motor vehicle, bicycle or other wheeled conveyance, whether powered or not shall be only upon roads designated by the park manager. No person shall operate a motor vehicle, bicycle or other wheeled conveyance, whether powered or not, within any recreational areas except upon areas provided therefor and as provided in this chapter.

(Ord. 391 § 307, 1967).

It is unlawful to operate any motor vehicle which is not currently licensed except where designated by appropriate signs. It is unlawful to operate a motor vehicle if the operator does not have a current operator's permit except where designated by appropriate signs.

(Ord. 628 Art. II (part), 1971: Ord. 391 § 308, 1967).

It is unlawful to pick, dig, cut, mark, mutilate, injure, destroy, alter, move, burn or carry away any plant, tree, sign or structure, natural feature or improvement, or any part thereof, post any bill or otherwise make any change in the recreation area except with the express written permission of the park manager.

(Ord. 391 § 400, 1967).

It is unlawful to leave any waste material, object or litter of any kind, except in receptacles specifically designated for the disposal of such waste materials, objects or litters.

(Ord. 391 § 401, 1967).

It is unlawful to light, build or maintain an open fire except when permitted by posted order of the park manager and within designated and posted camping areas and picnic areas.

(Ord. 391 § 402, 1967).

It is unlawful to light, build or maintain other fires except in fireplaces constructed by the park manager and in portable camp stoves or charcoal grills designed for the purpose of securely containing fire, and in proper condition and repair so as to contain fire.

(Ord. 391 § 403, 1967).

It is unlawful to molest, injure or kill any bird or animal Of any kind, or to disturb the natural or artificial habitat of any bird or animal of any kind, except in areas and in times designated as hunting areas and seasons for specific prey, and under and pursuant to rules adopted by the park manager and the applicable hunting laws of the state.

(Ord. 391 § 404, 1967).

It is unlawful to operate a motor vehicle of any kind at a speed in excess of twenty-five miles per hour, except where a higher or lower speed is permitted or required by a rule adopted by the park manager and such higher or lower speed limit has been posted by signs displayed at the commencement and end of such a higher or lower speed zone and at intervals of not more than one-half mile along the distance of such a higher or lower speed zone.

(Ord. 391 § 405, 1967).

It is unlawful to operate, drive or park a land motor vehicle, or land vehicle of any kind, except in the paved or otherwise improved surfaces of roads and designated parking lots. It is unlawful to park a motor vehicle on any paved area of the park which has been closed to the public by means of locked gates or by posting signs.

(Ord. 1601 § 1, 1983: Ord. 391 § 406, 1967).

It is unlawful to operate an internal combustion engine of any kind without an efficient, operative muffler, except in areas and at times designated for such purpose by the park manager by an adoption of an appropriate rule or rules.

(Ord. 391 § 407, 1967).

It is unlawful to carry or possess a firearm, gas-operated gun, bow and arrow, or other instrument capable of firing a projectile, except when in possession of a written permit permitting such carrying or possession issued by the park manager pursuant to rules adopted by him.

(Ord. 391 § 408, 1967).

It is unlawful to discharge or otherwise use a firearm, gas-operated gun, bow and arrow, or other instrument capable of firing a projectile, except when in the possession of the permit mentioned in Section 12.20.210 and when engaged in hunting permitted by Section 12.20.170, or when at a range established for the use of firearms, gas-operated guns, bows and arrows, or other instruments capable of firing a projectile.

(Ord. 391 § 409, 1967).

It is unlawful to possess or discharge fireworks, including but not limited to, safe and sane fireworks, or explosive material of any kind, except by written permit issued by the park manager, and in accordance with applicable state laws and other applicable ordinances of the county, which are more restrictive than this chapter.

(Ord. 391 § 410, 1967).

A. It is unlawful to have a dog or other domestic animal in a swimming area, upon a beach, or where food is served, or in a designated and posted camping area between the hours of eight p.m. and seven a.m.

B. It is also unlawful to have any dog or other domestic animal in the park except on leash not longer than six feet, and attended at all times, except livestock on recreational land pursuant to a grazing lease made by the park manager.

C. The prohibitions found in subsections A and B of this section shall apply to all recreation areas in the county unless specifically exempted or allowed pursuant to rules adopted by the park manager.

(Ord. 1897 § 1, 1987; Ord. 628 Art. II (part), 1971; Ord. 394 §§ 1, 2, 1967; Ord. 391 § 411, 1967).

It is unlawful to ride horses or other beasts of burden except in areas and on roads and trails designated by rule adopted by the park manager and posted or marked for that purpose.

(Ord. 391 § 412, 1967).

A. Swimming, bathing, wading and diving are permitted only along a shoreline within open areas of the recreational area, and elsewhere two hundred feet or more from the nearest shoreline.

B. It is unlawful to swim, bathe, wade or dive in any portion of the lake except as provided in this section.

(Ord. 391 § 500, 1967).

A. Areas designated and posted as exclusive swimming beaches and areas of the lake buoyed as exclusive swimming areas, shall be used only for the purpose of swimming, bathing, wading and diving.

B. It is unlawful to use a beach designated and posted as an exclusive swimming beach, and an area of the lake buoyed as an exclusive swimming area, for purposes of boating, aquaplaning, fishing or similar activities.

(Ord. 391 § 501, 1967).

A. Shore fishing and fishing while wading is permitted along any shoreline within open areas of the park, except in exclusive swimming areas designated and posted pursuant to Section 12.20.270 and except where posted "No Fishing" pursuant to rules adopted by the park manager. Fishing from boats is permitted everywhere except where posted "No Fishing" pursuant to a rule adopted by the park manager and except in marked channels of a body of water.

B. It is unlawful to fish in any portion of a lake except as provided in this section and as permitted by applicable state law to the extent that state law is more restrictive than this chapter.

(Ord. 391 § 502, 1967).

It is unlawful to do any of the following:

A. Boat Sewage. To discharge or dump into the lake any waste of any kind, or to place on the lake any boat containing marine sanitation devices which are not in conformity with federal or state laws, regulations or rules;

B. Launching. To launch a boat at other than sites designated and posted for launching, pursuant to rules adopted by the park manager;

C. Landing. To land, moor or dock a boat at sites designated, posted and restricted for other uses;

D. 1.

Night Operation of Boats. It is prohibited to operate a boat between one hour after sunset and one hour before sunrise unless specifically allowed pursuant to rules adopted by the park manager,

2. On all other recreational lakes in Calaveras County, it shall be the decision of the park manager whether or not to allow night boating. Such managers may allow night boating without the requirement of a written permit;

E. Commercial Operation. To offer to operate any boat for hire, or to take passengers upon a boat for a fee, without a written permit, issued by the park manager, or a contract or concession agreement with the park manager. To operate a boat for hire, including rental units without having the maximum passenger carrying capacity (the number of persons authorized by state or local law and/or, in the absence thereof, by ratings figured on outboard boating club manufacturer's ratings) plainly posted in a conspicuous place inside the watercraft;

F. Restricted Speed Zones. To operate any boat at more than the restricted speed when in a restricted speed zone. Restricted speed zones shall be established by the park manager by the adoption of rules and all such restricted speed zones shall be posted at reasonable intervals. Restricted speed zones established by this subsection are in addition to general speed limits established by state law.

(Ord. 1897 § 2, 1987; Ord. 1685 § 2, 1984; Ord. 1649 § 1, 1984; Ord. 628 Art. II (part), 1971; Ord. 391 § 503, 1967).

It is unlawful to operate a boat towing an aquaplane within two hundred feet of any person, boat, buoy, shoreline or obstacle anywhere on the lake, except in an area designated by rules adopted by the park manager and posted.

(Ord. 391 § 504, 1967).

It is unlawful for any person to make dock or beach starts when towing an aquaplane in areas prohibited for such purposes by rules adopted by the park manager and posted against such use.

(Ord. 391 § 505, 1967).

No water craft which is utilized for human habitation may be placed or operated on any public waters or moored at a fixed or permanent mooring point without approval from the park manager. Water craft so operating and containing toilets or galleys will not use such toilets or galleys without prior written approval of the county health department.

(Ord. 391 § 506, 1967).

It is unlawful to operate a boat within two hundred feet of a dam or within a border line designating the area.

(Ord. 391 § 507, 1967).

Vehicles, including boat and house trailers, luggage trailers, automobiles, trucks and buses, shall be parked only in a designated parking area.

(Ord. 391 § 600, 1967).

It is unlawful for any person to wash, rinse or otherwise clean cooking or eating utensils, food, clothing, camping equipment or other articles, in a lake, river, stream, pond, pool or other body of public waters, or at a hydrant within a recreation area, except as provided by the park manager or his authorized representative.

(Ord. 391 § 601, 1967).

It is unlawful to dump, place or deposit garbage, food, manure, refuse, hay, soil, lumber, trash or rubbish in a recreation area except in receptacles designated of the purpose.

(Ord. 391 § 602, 1967).

A. Camping is permitted only in areas designated by the park manager or his authorized representative. No camping is permitted without payment of fees or charges required by the owner or operator of the recreation area.

B. Camping equipment, campers, house trailers, boats and boat trailers shall not be abandoned or left unattended for a period of twenty-four hours or more and may not be placed on a campsite prior to actual occupancy.

C. Camping is permitted for a period of two weeks or such other period of time as the park manager may set.

D. Quiet shall be maintained in all camping areas between the hours of ten p.m. and six a.m.

(Ord. 628 Art. II(part), 1971: Ord. 391 § 603, 1967).

It is unlawful to operate motorbikes, motorcycles or other motor vehicles in the campground area for any purpose other than access into or egress out of an established campsite.

(Ord. 628 Art. II (part), 1971: Ord. 391 § 604, 1967).

The operation or use of any audio or noise producing device including communication media and motorized equipment or vehicles in such a manner as to unreasonably annoy or endanger persons in a public place in the park is prohibited.

(Ord. 628 Art. II (part), 1971: Ord. 391 § 605, 1967).

Unsupervised minors under the age of eighteen years will not be allowed to camp overnight in any recreation area unless specifically allowed pursuant to rules adopted by the park manager.

(Ord. 1897 § 3, 1987: Ord. 628 Art. II (part), 1971: Ord. 391 § 606, 1967).

A. The following restrictions shall apply only to Tulloch Reservoir. Should a conflict exist between the regulations contained in this section and other sections of Chapter 12.20, the provisions of this section shall control.

B. The following activities are restricted or prohibited on Tulloch Reservoir:

1. No person shall operate any boat in excess of forty-five miles per hour at any time on any portion of Tulloch Reservoir or, if in a restricted speed zone, in excess of five miles per hour.

2. No person shall operate any boat in excess of five miles per hour between sunset and sunrise the following day.

3. No person shall land or take off in any aircraft on any portion of Tulloch Reservoir.

4. No person shall parachute any person or object into any portion of Tulloch Reservoir.

5. No person shall operate on any portion of Tulloch Reservoir a boat towing a parasail or other type of parachute or sail capable of lifting a person or object above the surface of the reservoir.

6. All boat travel shall be in a counterclockwise direction on the lake.

C. These restrictions and prohibitions shall be effective as soon as such areas are marked with appropriate signs or devices.

(Ord. 1945 § 1, 1988).

In accordance with Sections 853.6 through 853.8, inclusive of the Penal Code of the state, provision is made for the issuance of citations for violations of this chapter.

(Ord. 1045 § 44(a), 1978: Ord. 391 § 700, 1967).

If any person is arrested for a violation of this chapter and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court.

(Ord. 391 § 701, 1967).

The time specified in the notice to appear shall be at least five days after arrest.

(Ord. 391 § 702, 1967).

The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

(Ord. 391 § 703, 1967).

The arresting officer shall deliver one copy of the notice to appear to the arrested person; and the arrested person, in order to secure release, must give his written promise to appear in court by signing the duplicate notice which shall be retained by the office. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

(Ord. 391 § 704, 1967).

A. The officer shall, as soon as practical, file the duplicate notice with the magistrate specified therein.

B. Thereupon, the magistrate shall fix the amount of bail which, in his judgment and in accordance with the provisions of Section 1275 of the Penal Code, is reasonable and sufficient of the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815 (a) of the Penal Code.

C. The defendant may, prior to the day upon which he promised to appear in court, deposit with the magistrate the amount of the bail thus set.

D. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear either in person or by counsel, the magistrate shall declare the bail forfeited and may, in his discretion, order that no further proceedings be had in the case.

E. Upon making the order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code.

(Ord. 391 § 705, 1967).

No warrants shall issue on a charge for the arrest of a person who has given a written promise to appear in court, as provided in Section 12.20.450, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law.

(Ord. 391 § 706, 1967).

Any person wilfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he has originally been arrested and shall be punishable by a fine of not to exceed five hundred dollars, or by imprisonment in the county jail for not to exceed six months, or both such fine and imprisonment.

(Ord. 391 § 707, 1967).

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised or, if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, the magistrate shall issue and have directed for execution a warrant for his arrest within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. 1045 § 44(b), 1978: Ord. 391 § 708, 1968)

Any person who violates a provision of this chapter is guilty of a misdemeanor, which shall be punishable by imprisonment in the county jail for a period of not to exceed six months, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment.

(Ord. 1045 § 4(c), 1978: Ord. 391 § 800, 1968)