Imperial County Municipal Code Ch. 1 Park Use Regulations

As used in this chapter:

"County" means the county of Imperial.

"Department" means the Department of Public Works of the county of Imperial, of which Parks and Recreation is a division.

"Director" means the director of the Department of Public Works of the county of Imperial or his or her authorized representative.

"Division" means the Parks and Recreation division within Imperial County Department of Public Works.

"Facility" or "Park Facility" means any body of water, land, campsite, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled, or operated by the department. (Prior code § 31100)

"Person in need of Assistance" means a person because of age, physical or mental infirmity, or other physical, mental, or emotional dysfunction, has an impaired ability to provide adequately for the individual's own care without assistance.

(Ord. No. 1454, § 15(92901.00), 10-27-09; Ord. No. 1526, § 1, 7-10-18)

Whenever a permit is required by provisions in this chapter, an application shall be filed with the director stating:

A. The name and address of the applicant;

B. The name and address of the person, group, organization or corporation sponsoring the activity;

C. The nature of the proposed activity;

D. The dates, hours, park facility and location within the park for which the permit is desired;

E. An estimate of number people in attendance;

F. Any other information which the director, regarding public health, safety, and welfare, finds reasonably necessary to a fair determination as to whether a permit should be issued. (Prior code § 31101)

(Ord. No. 1454, § 15(92901.01), 10-27-09)

The director may issue a permit hereunder when he or she finds:

A. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

B. That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation;

C. That all conditions, including where applicable the payment of fees, now in existence or hereinafter established, and insurance coverage, are met;

D. That the proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;

E. That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense or security operation by the department; and

F. That the facilities desired have not been reserved for other use. (Prior code § 31102)

(Ord. No. 1454, § 15(92901.02), 10-27-09)

A. Violation of any regulations contained in this chapter is a misdemeanor;

B. The director or his/her designee shall have the authority to revoke a permit upon a finding of violation of other county ordinances or law of this state;

C. The director or his/her designee shall have the authority to eject from any park facility any person acting in violation of regulations contained in this chapter;

D. The regulations contained herein shall not prohibit any person authorized by the director from the normal exercise of requested, assigned, or contractual duties. (Prior code §31103)

(Ord. No. 1454, § 15(92901.03), 10-27-09)

The director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when he determines that conditions exist in the facility or portion thereof which present a hazard to the facility or to public safety. (Prior code § 31104)

(Ord. No. 1454, § 15(92901.04), 10-27-09)

No person shall use, occupy, or otherwise remain in any park facility or portion thereof for which a permit is required without first having obtained such permit. (Prior code § 31105)

Anyone caught without required permit shall at a minimum be required to obtain the permit at double the established fee.

(Ord. No. 1454, § 15(92901.05), 10-27-09)

Any person using a park facility or portion thereof which may be reserved by obtaining a permit, but who has not obtained such a permit, shall vacate the area when holders of a valid permit present themselves. (Prior code § 31106)

(Ord. No. 1454, § 15(92901.06), 10-27-09)

No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee or any peace officer who shall desire to inspect said permit for the purpose of enforcing compliance with any regulations in this chapter. (Prior code § 31107)

(Ord. No. 1454, § 15(92901.07), 10-27-09)

The following fees shall be charged for parks and recreation services:

Prior code § 31107.5

(Ord. No. 1454, § 15(92901.08), 10-27-09)

Within the boundaries of any park facility, no person shall sell, vend, peddle, expose, offer for sale, or distribute after sale to the public, any merchandise, service or property or sell tickets for any event, nor shall any person distribute, circulate, give away, throw, or deposit in or on any park facility any handbills, circulars, pamphlets, papers, or advertisements, which material calls for the public attention in any way to any article or service for sale or hire, nor within any park facility shall any person solicit or collect donations of money or other goods from the public, without express approval of the director, in conjunction with a permit, for such activity within the specific park facility. (Prior code § 31108)

(Ord. No. 1454, § 15(92901.09), 10-27-09)

Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males, except this shall not apply to:

A. Children under the age of six years who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for such child;

B. An individual of the opposite sex who is assisting a person in need of assistance in the normal use of a restroom or washroom. (Prior code § 31109)

(Ord. No. 1454, § 15(92901.10), 10-27-09)

While within the boundaries of any facility, no person shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water or in any tributary, stream or drain flowing into such waters, any substance, matter, or thing, liquid or solid, including, but without limitation to particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, food matter, wood fiber and plastics. (Prior code § 31110)

(Ord. No. 1454, § 15(92901.11), 10-27-09)

No person shall dump, deposit, or release any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or trash in or on any park facility, except that refuse which is incidental to the use of the facility may be deposited in the receptacles provided therefore. For purposes of this section, an incinerator, stove, fire ring, barbeque, or other devises used to contain fires or for cooking is not a proper receptacle for refuse or other waste material. (Prior code § 31111)

(Ord. No. 1454, § 15(92901.12), 10-27-09)

No person shall smoke any substance in any area designated as a nature trail or nature area or in or on any park facility where smoking is prohibited. (Prior code § 31112)

(Ord. No. 1454, § 15(92901.13), 10-27-09)

A. Without a permit issued by the director, no person shall ignite, maintain, or use any fire in any place within any park facility except in a barbeque cooker or other cooking device authorized by the director for that purpose;

B. No person shall ignite or maintain a fire of materials deposited in any can, box, trench, pit, or other receptacle maintained for the purpose of garbage disposal or incineration. (Prior code § 31113)

(Ord. No. 1454, § 15(92901.14), 10-27-09)

It is unlawful for any person to possess or consume any alcoholic beverages within the limits of County Parks. An exception could be made to allow possession and consumption of alcoholic beverages in areas designated within a County Park for special events and only with an approved permit issued by the director. The Park Rangers are authorized to notify the proper law enforcement agency of any observation of excessive use of alcohol. (Prior code § 31114)

1. General Permit. Small Private, invitation only events (family reunion, company picnic, etc.) that provide alcoholic beverages, beer and wine to attendees of your event at no cost and it is again private, must apply for an alcoholic beverage permit. The permit holder shall comply with the following:

A. Permit is not transferable, nor refundable.

B. Permit is valid for date of event only.

C. Glass beverage containers are not permitted.

D. Persons of legal age are allowed to bring alcoholic beverages into the park for the permitted private event only.

E. Permit holder is responsible for the conduct of all group members.

F. The applicant must agree to provide sandwiches and other food services at the location during the time of alcohol consumption in an amount sufficient to serve the number of persons anticipated to attend.

G. Area must be left clean.

H. Obnoxious behavior or excessive noise will not be permitted.

I. Park hours must be observed.

J. Permit holder must retain permit and make available upon request by proper park or law enforcement.

K. Issuance of alcoholic beverage permit must accompany a facility reservation.

L. Permit holder will be responsible for assuring that all members of his/her party that consume alcohol are of legal age to drink alcoholic beverages according to state law.

M. Alcoholic beverages are not permitted in parking lots or children's play areas.

N. There shall be no sales of alcoholic beverages.

O. The applicant must sign that he/she understands and agrees to be personally responsible for and may need to provide financial guarantees to ensure cleaning, trash disposal and/or repairs necessary as a result of the event. The amount of the financial guarantee will be determined by the director.

P. The use of a paid "catering" service for the serving of alcoholic beverages will require proof of an ABC alcoholic beverages license.

Q. Security may be required depending on size of event and in accordance with local law enforcement requirements.

R. Park rangers are authorized to notify the proper law enforcement agency of any observation of excessive use of alcohol.

S. The county reverses [reserved] the right to cancel or shut down any event that violates any of the above requirements.

2. Special Event Permit. Public events held by either non-profit and for-profit groups/organizations that provide alcoholic beverages, beer and wine to attendees of the public event at a cost (direct or indirect), must apply for an alcoholic beverage permit. The permit holder shall comply with the following:

A. Permit is not transferable, nor refundable.

B. Permit is valid for date of event only.

C. Glass beverage containers are not permitted.

D. Prior to the event the permit holder shall provide proof of a alcoholic beverage licenses from the California Department of Alcoholic Beverage Control (ABC), in accordance with the California Business and Professions Code Section 23300.

a. Non-profit (501c3) organizations are required to get a "daily license" from ABC for the sale of alcoholic beverages.

b. For-profit groups are required to get a "catering licenses" from ABC for the sale of alcoholic beverages.

E. Security may be required depending on size of event and in accordance with local law enforcement requirements.

F. Permit holder is responsible for the conduct of all group members.

G. Permit holder will be responsible for verifying age of all persons to whom alcoholic beverages are consumed and/or dispensed under the permit.

H. The applicant must agree to provide sandwiches and other food services at the location during the time of alcohol consumption in an amount sufficient to serve the number of persons anticipated to attend.

I. Area must be left clean.

J. Obnoxious behavior or excessive noise will not be permitted.

K. Park hours must be observed.

L. Permit holder must retain permit and make available upon request by proper park or law enforcement.

M. Issuance of alcoholic beverage permit must accompany a facility reservation.

N. Permit holder will be responsible for assuring that all members of his/her party that consume alcohol are of legal age to drink alcoholic beverages according to state law.

O. Alcoholic beverages are not permitted in parking lots or children's play areas.

P. The applicant must sign that he/she understands and agrees to be personally responsible for and may need to provide financial guarantees to ensure cleaning, trash disposal and/or repairs necessary as a result of the event. The amount of the financial guarantee will be determined by the director.

Q. Park rangers are authorized to notify the proper law enforcement agency of any observation of excessive use of alcohol.

R. The county reverses [reserves] the right to cancel or shut down any event that violates any of the above requirements.

(Ord. No. 1454, § 15(92901.15), 10-27-09)

No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks as defined and classified in Section 12529 of the California Health and Safety Code at any public gathering or patriotic celebration provided a permit for such discharge or display has been obtained from the director. (Ord. 1341 § 41, 2001: prior code § 31115)

(Ord. No. 1454, § 15(92901.16), 10-27-09)

No person other than peace officers, rangers, or other duly authorized personnel, in the discharge of their duties shall use, maintain, possess, fire or discharge any firearm, air gun, spring gun, bow and arrow, slingshot, or any other weapon potentially dangerous to wildlife or human safety, except in areas, at times, and under conditions designated by the director for such use. (Prior code §31116)

(Ord. No. 1454, § 15(92901.17), 10-27-09)

No person shall:

A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal within the boundaries of any park facility, nor remove or have in his or her possession the young, eggs, or nest of any such creature;

B. Abandon any animal, dead or alive, within, any park facility;

C. Remove any animal not his or her own from within any park facility; exception is made to the foregoing in that in proper season, fish may be fished and removed from areas designated for fishing by licensed persons, and boarded horses may be removed from a park facility upon proper notification to the department;

D. Bring into or maintain in or upon any park facility any dog, cat, or other animal, unless such animal at all times is kept on a leash and/or under full control of its owner or custodian; provided, however, the director may designate areas and times within which persons may show, demonstrate, or train unleashed animals under full control of their owners or custodians;

E. Permit cattle, sheep, goats, horses, or other animals owned by him or her or in his or her possession to graze within the boundaries of any park facility without express approval of the board of supervisors;

F. Ride a horse, pony, mule, burro, or other animal onto or over real property within any park facility other than at times and upon roads or trails designated for riding of animals. (Prior code § 31117)

(Ord. No. 1454, § 15(92901.18), 10-27-09)

No person shall deposit any earth, sand, rock, stone, or other substance within any park facility, nor shall he or she dig or remove any such material from within any park facility, nor shall he or she erect or attempt to erect any building, wharf, or structure of any kind by driving or setting up posts or poles, not in any manner appropriate or encumber any portion of the real property owned, operated, controlled, or managed by the department without a permit from the director. (Prior code § 31118)

(Ord. No. 1454, § 15(92901.19), 10-27-09)

No person shall:

A. Dig up, pick, remove, mutilate, injure, cut, or destroy any turf, tree, plant, shrub, bloom, flower, artifact, or archeological site, or any portion thereof;

B. Cut, break, injure, deface, or disturb any building, sign, fence, bench, structure, apparatus, equipment, or property, or any portion thereof; or

C. Without a permit from the director, make or place on any tree, plant, shrub, bloom flower, building, sign, fence, bench, structure, apparatus, equipment, or property, or any portion thereof, any rope, wire, mark, writing, printing, sign, card, display, or similar inscription or device. (Prior code § 31119)

(Ord. No. 1454, § 15(92901.20), 10-27-09)

No person other than one acting under the discretion of the director shall duplicate or cause to be duplicated a key used by the department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person. (Prior code § 31120)

(Ord. No. 1454, § 15(92901.21), 10-27-09)

No person shall bring to any park and leave unattended a child or children under the age of fourteen (14). No child may use or be within any designated playground equipment without an adult in supervision.

The director or his/her designee may issue a warning, issue a citation, or cause to be evicted from the park any person in violation.

Any child under ten (10) years [old] found in the park without an adult will be turned over to Child Protective Services.

(Ord. No. 1454, § 15(92901.22), 10-27-09)

A. While within the boundaries of any park facility, no person shall drive or operate any automobile, motorcycle, motor scooter, trail bike, dune buggy, truck, or other motorized vehicle on roads or trails other than those designated for that purpose without a permit from the director;

B. While within the boundaries of any park facility, no person shall drive any automobile, motorcycle, motor scooter, truck, or other motorized conveyance, except an authorized emergency vehicle at a rate of speed exceeding fifteen (15) miles per hour, except as may be otherwise posted by the director, or in any case at speeds exceeding safe conditions dictated by prevailing circumstances;

C. No person shall operate any automobile or other motorized vehicle within the boundaries of any park facility unless such vehicle is currently licensed, except unlicensed vehicles may be operated in areas designated and posted for such use and in accordance with the rules established for such areas;

D. No person shall park any automobile or other motorized vehicle within any park facility except in areas specifically designated as parking areas. In no case shall any person park a motorized vehicle in a manner that presents a hazard to the public, any vehicle in violation may be towed at owner's expense;

E. No person shall park or otherwise allow automobiles and other conveyances to remain within the boundaries of any park facility during the hours the facility is closed without a permit from the director;

F. No person shall abandon any motorized vehicle within the boundaries of a park facility. Any vehicles left in the park at the close of the park will be towed at owner's expense;

G. No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park facility;

H. All motorized vehicles within the boundaries of any park facility shall be equipped with a properly installed muffler device which is in constant operation and which prevents excessive or unusual noise. No such muffler device or exhaust system shall be equipped with a cutout, bypass, or similar device. (Prior code § 31121)

(Ord. No. 1454, § 15(92901.23), 10-27-09)

No person shall ride a bicycle on any grassy area, path, or walkway designated exclusively for pedestrian use. A bicyclist shall be permitted to push a bicycle by hand over any such grassy area, path or walkway.

No person shall leave a bicycle in any place or position where other persons may trip over or be injured by it. Bicycles shall be left in a bicycle rack when one is provided and there is space available. (Prior code § 31122)

(Ord. No. 1454, § 15(92901.24), 10-27-09)

The director is authorized to promulgate reasonable opening and closing hours for park facilities. No person shall enter, remain in, or camp in or on any park facility during the hours or any part of the hours the facility is closed without a permit from the director. (Prior code § 31123)

(Ord. No. 1454, § 15(92901.25), 10-27-09)

The playing of rough or comparatively dangerous games such as football, baseball, horseshoe, and soccer or of any other games involving thrown, hit, or otherwise propelled objects such as golf balls, balls of other description, stones, arrows, javelins, or model airplanes is prohibited except in field, courts, or areas specifically provided therefore, or with express permission of the director, in areas compatible to such use. Persons desiring to use a park facility for the specific purpose for which the facility was established shall have priority of use over persons using the facility for another nonproscribed purpose. (Prior code § 31124)

(Ord. No. 1454, § 15(92901.26), 10-27-09)

It is unlawful for any person or organization to conduct or take part in a race of any kind involving the use of boats or watercraft on the waters in the county of Imperial, state of California, unless a written permit for such event designating the area to be used, and the day and hours of such use has been first procured from the director.

A. [Definition.] For purposes of this section "race" is defined as a competitive trial of speed between two or more vessels, watercraft, or boats in marked courses of a pre-arranged time and place, such race being sponsored or conducted under the auspices of a yacht club, water ski club, boating association, or other organization or individual interested in promoting trials of speed between watercraft or boats.

B. Application for Permit. See permit section of this chapter.

C. Patrol Boats and Operators. The permit shall require the person or organization conducting or sponsoring any marine event regulated hereby to furnish the number of patrol boats and operators determined by the director to be necessary for the safe and effective conduct and control of such marine event or race.

D. Insurance Coverage. No permit shall be valid unless and until there is on file with the director, satisfactory proof that the person or organization to which the permit is issued has in full force and effect public liability and property damage insurance protecting both the permittee and the Imperial County Board of Supervisors, the Parks and Recreation Commission, each member thereof, and its agents, servants and employees, against any liability arising from the activities of the permittee in connection with the issuance of the permit. (Prior code § 31125)

(Ord. No. 1454, § 15(92901.27), 10-27-09)

Regulations governing the use of boats within any park facility may be established and posted by the director. The regulations shall promote the safety of swimmers and boaters, the protection of property, and general public enjoyment of the facility. (Prior code § 31126)

(Ord. No. 1454, § 15(92901.28), 10-27-09)

No person shall swim, bathe, or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the director upon his or her finding that use of the water would be dangerous to the user, incompatible with the function of the facility, or inimical to public health. (Prior code § 31127)

No swimming is allowed in Sunbeam Lake. Swimming is restricted to the swimming lagoon adjacent to the Sunbeam Lake.

At Wiest Lake, swimming is allowed within the designated swimming area only.

Swimming at any county park is "at risk", meaning that no lifeguard may be on duty.

(Ord. No. 1454, § 15(92901.29), 10-27-09)

The director may establish and post regulations governing the use of park facility which are not inconsistent with the intent of the regulations contained in this chapter and which promote public health and safety and the preservation of property. (Prior code § 31128)

(Ord. No. 1454, § 15(92901.30), 10-27-09)

Within any park facility, no person shall use sound amplification equipment without a permit from the director. (Prior code § 31129)

(Ord. No. 1454, § 15(92901.31), 10-27-09)