Kern County Municipal Code Ch. 13.04 Use Restrictions Generally

A. There shall be no use of county property for any business purpose or exclusive use without a written lease, license, agreement or permit from the board of supervisors or its authorized agent. Permission to use county recreation, community, veterans' and senior citizens' buildings shall be granted only in accordance with rules adopted by the board of supervisors from time to time. The director of the parks and recreation department is the authorized agent for county recreation, community, veterans' and senior citizens' buildings.

B. The fee for use of a veterans' building, a senior citizens' building, a community building or a recreation building shall be established by uncodified ordinance.

(Ord. G-6110 § 2, 1994: Ord. G-5952 § 2, 1993: Ord. G-4348 § 2 (part), 1986: prior code §§ 5303.1)

A. "Alcoholic beverage" shall have the meaning given in Section 23004 of the Business and Professions Code of the State of California.

B. "Applicant" shall mean any person, group or organization applying for use of a building under this chapter or on whose behalf an application for such use is made.

C. "Building" shall mean any of the following buildings and shall include any parking lot, site, sidewalk, or access drive appurtenant to, used or occupied during an event:

1. "Veterans' building": Those buildings constructed pursuant to Chapter 2 (commencing with #1260) of Division 6 of the California Military and Veterans Code, primarily for the use or benefit of veterans' associations.

2. "Senior centers or buildings": Those buildings constructed or acquired to provide facilities where older residents can pursue meaningful civic, cultural, educational and recreational activities, as well as being a place where supportive services can be efficiently and effectively delivered to older residents.

3. "Community buildings": Those buildings constructed or acquired pursuant to Chapter 10 (commencing with #10900) of Part 7 of Division 1 of Title 1 of the California Education Code, used for activities which contribute to the physical, mental or moral development of the individual or group participating therein.

4. "Recreation buildings": Those buildings located in county parks used by the public for recreation purposes.

D. "Commercial user" shall mean an individual, association or company which does not qualify for nonprofit status under the Internal Revenue Codes or corresponding state codes and whose planned use of a building will involve public relations activities and/or selling or marketing a product or service.

E. "Director of park and recreation" shall include the director or his/her authorized representative.

F. "Equipment" shall include any furniture and furnishings, decorations, utensils, electrical or electronic equipment, hardware, tools or cleaning equipment owned or controlled by the county and which is attached to, kept, stored or used in a building.

G. "Fireworks" as used in this section, includes any and all fireworks as defined in Sections 12505 and 12529 of the California Health and Safety Code.

H. "Gross receipts" as used in this section, shall mean all revenue received by applicant with respect to the applicant's use of county property.

I. "Marijuana" or "cannabis" shall have the same definition as in California Health and Safety Code Section 11018.1 as it now reads or as amended.

J. "Marijuana products" or "cannabis products" shall have the same definition as in California Health and Safety Code Section 11018.1 as it now reads or as amended.

K. "Motion pictures" shall include commercial movie, video camera and other commercial motion photography.

L. "Nonprofit user" shall mean any governmental entity, or a club, association, corporation or group, which is exempt from income taxation pursuant to Section 501(a) of the Internal Revenue Code of 1986, as amended, or corresponding provisions of the California Revenue and Taxation Code.

1. If the net proceeds and/or benefits from an event will serve solely charitable or community purposes, the sponsoring entity shall be considered a "nonprofit user," irrespective of its status otherwise.

2. "Community purposes" shall mean any recreational, athletic, or educational activity or other service that benefits the community, which is open to all persons on an equal basis, and no part of the earnings from which inure to the benefit of any private person or for a political purpose which would cause an exempt organization to lose its exemption from taxation under federal or state laws. The determination whether an applicant's proposed activity or service in a building serves "community purposes" shall be made by the director of parks and recreation, subject to the appeal provisions of this chapter.

M. "Parking area" shall mean a parking lot or any other area designated or primarily used for parking vehicles of persons accessing the park or recreational area.

N. "Priority user" shall mean any of the following:

1. Veterans' groups shall have reasonable priority in the use of veterans' buildings for social or organization events limited to their members.

2. Senior citizens' groups shall have reasonable priority in the use of senior centers for organizational, social and educational events limited to their members and for activities designed to deliver supportive services to senior citizens.

O. "Private user" shall mean an individual, association, or company which does not qualify for nonprofit status under the Internal Revenue Codes or corresponding state codes and whose planned use of a building will be a private social event.

P. "Safe and sane fireworks" as used in this section, includes any and all fireworks as defined in Section 12529 of the California Health and Safety Code.

Q. "Senior citizens' organization" shall mean an organization of senior adults whose purpose is to facilitate or provide cultural, educational and recreational activities and supportive services, including a nutrition program, for senior adults.

R. "Tobacco products" shall mean any manufactured substance made from the tobacco plant, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco or products prepared from tobacco and designed for smoking and ingestion.

S. "User" shall mean any person, group or organization which applies for or on whose behalf an application is made for use of a building, or which uses a building pursuant to completing an application.

T. "Veterans' organization" shall mean any duly recognized organization of honorably discharged soldiers, sailors or marines of the United States or any of their auxiliaries.

(Ord. G-7004 § 2, 2003; Ord. G-5952 § 3, 1993)

(Ord. No. G-8458, § 2, 1-28-14; Ord. No. G-8574, § 3, 6-23-15; Ord. No. G-8739, § 3, 10-24-17)

A. This section shall apply to parks and recreation areas for which a fee is not otherwise specified in this code and to recreation buildings where the use of a building is associated with the use of a park or recreation area.

B. Permission to conduct any business, to provide any services, to exclusively use, or to sell, rent, demonstrate, test or observe the performance of merchandise, goods or services in a county park or recreation area or portion thereof, may be granted by the director of the county parks and recreation department (hereinafter referred to in this section as "director"), in the form of a written license, lease, concession agreement or permit. A fully completed application on a form approved and provided by the director along with application fee shall be submitted to the director. Application fees are established by uncodified ordinance.

C. The applicant shall provide for itself and each subuser, along with other information, the following:

1. Full name;

2. Description of entity, i.e., sole proprietor, corporation, partnership, association or governmental agency;

3. Status of each entity; profit-making or non-profit;

4. Type of event and description of each subuser's operation;

5. The fee to be charged each subuser and the manner in which such fee is calculated; and

6. Anticipated number of participants and spectators, if applicable, or total attendance.

D. In addition to the application fee, applicants shall be charged additional fees as established by uncodified ordinance.

E. All applicants shall post a refundable security deposit unless waived or reduced by the director for sound reasons. Security deposit amounts are established by uncodified ordinance.

F. Each applicant shall comply with the following liability provisions:

1. Applicants shall hold harmless, indemnify and defend (upon request) the county, its agents, officers and employees, from and against any and all claims, losses, demands, damages, cost and expense of whatsoever kind and character (including, but not limited to, attorney's fees and expenses) arising out of the exclusive use by applicant or others he may invite or otherwise allow to share in his exclusive use, including, but not limited to, the applicant's activities or anyone acting on applicant's behalf (including, but not limited to, vendors and subvendors, users and subusers and the employees and agents of any of the foregoing), in connection with or incident to the applicant's activities hereunder, except when caused by the exclusive negligence of the county, its agents, officers or employees;

2. Applicant shall obtain and keep in force during the period the applicant uses county property, commercial general liability insurance with limits of liability as set by the director and naming the county, its agents, officers and employees as additional insureds, covering all of applicant's activities hereunder, including, but not limited to, the activities of vendors and subvendors, users and subusers and the agents of any of the forgoing, the operations of vehicles or equipment, products liability and liability assumed under the "indemnity" provisions hereof. The obligation to carry insurance as herein provided can be satisfied by applicant's insurance and/or by vendor's and subvendor's, user's and subuser's insurance. Applicant is responsible for submission of all insurance certificates to the director.

G. No later than the tenth working day following the event, a report shall be filed with the director by profit-making applicants and nonprofit applicants who engage profit-making subusers setting forth all gross receipts received by source and pay any additional fee required.

Such statement shall be executed by the applicant or its duly authorized officer or representative in the manner prescribed by Section 2015.5 of the Code of Civil Procedure of the State of California.

H. No subsequent permit shall be issued to any applicant who has failed or refused to comply with the reporting requirements of this section with reference to any previous permit issued to the applicant under the provisions of this section.

I. In the event that a nonprofit entity uses a park or recreation area for the purpose of fundraising, such entity must also obtain a charity solicitation permit.

J. If a person prepays for use of a facility, then does not use that facility, and requests a refund before the scheduled use within the refund time limit the director has set by rule, they will be entitled to a refund for all or any unused portion, less an administrative fee for processing the refund. The requirements for requesting the refund and the administrative fee are established by uncodified ordinance. (Editorially amended during Supp. No. 25; Ord. G-6110 § 3, 1994; Ord. G-5952 § 4, 1993: Ord. G-4880 § 2, 1988: Ord. G-4348 § 2 (part), 1986: prior code § 5303.2)

A. No later than the tenth working day following the period of use of the park facility for which the lease, license or concession agreement was made, the user shall file with the parks and recreation department a statement of the revenue received by the user and all subusers, and pay any additional fee required.

B. Such statement shall be executed by the permittee or its duly authorized officer or representative in the manner prescribed by Section 2015.5 of the Code of Civil Procedure of the State of California.

C. No subsequent permit shall be issued to any applicant who has failed or refused to comply with the requirements of this section with reference to any previous permit issued to the applicant under the provisions of this chapter

(Ord. G-4348 § 2 (part), 1986; prior code § 5303.3)

The fees for designated sections of Hart Memorial Park shall be established by uncodified ordinance.

(Ord. G-5952 § 5, 1993: prior code § 5303.4)

Upon authorization by the director of parks and recreation, fees for each day or portion thereof for the purpose of allowing any person, firm, corporation or association to conduct motion picture and still photography filming for commercial purposes on county park facilities shall be established by uncodified ordinance.

(Ord. G-5952 § 6, 1993: prior code § 5303.9)

There shall be a fee for locating, duplicating and mailing an accident or investigation report to a requesting individual or organization (exclusive of other Kern County departments), as set by uncodified ordinance.

(Ord. G-5952 § 7, 1993)

It is unlawful for any person at any time to willfully and intentionally do any of the following acts within or upon any public park or recreational area owned, maintained or operated by the county:

A. Cut, sever, remove, burn or otherwise destroy, deface or damage any flora or any part thereof living or dead;

B. Cut, break, burn or otherwise destroy, deface or damage any equipment or building or other structure or other property, real or personal, owned, maintained or operated by the county;

C. Alter the grade or surface level of the ground by any cut, excavation or fill;

D. Construct any permanent or temporary building or structure of any kind, except a temporary structure upon a public campground subject to the provisions of paragraph (b) of the Rules and Regulations governing public camp grounds adopted by resolution of the board of supervisors of the county on May 12, 1959;

E. Dispose of any garbage, refuse, rubbish, waste or litter except in receptacles provided therefor by the county;

F. Erect or post any billboard, sign, placard or any advertisement of any kind except as follows:

1. Where erected or posted at locations and in form approved by the county director of parks and recreation and relating to park premises operated under a license or concession granted by the county,

2. Where prior authorization is obtained from the board of supervisors for specific signs and locations;

G. Remove any equipment from the area upon which the same has been placed by the county;

H. Any act of vandalism not hereinabove specified.

Violation of this section is an infraction. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code.

(Prior code § 5304.3)

(Ord. No. G-8815, § 3, 3-19-19)

A. No person shall ride a horse or other animal, or operate a motor vehicle, on a designated pedestrian/bicycle path within any public park area or recreation area owned, maintained or operated by the county.

B. As used in subsection (A), the term "motor vehicle" shall mean any vehicle which is self-propelled; provided, however, that "motor vehicle" shall not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.

C. This section shall not apply to county employees or peace officers using animals or motor vehicles in the course of their employment.

D. Violation of this section is an infraction. Any person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this Code.

(Ord. G-6320 § 2, 1996; Ord. No. G-8921, § 4, 3-31-20)

A. No person shall operate or leave standing an off-road vehicle within a county park, except for use of a snowmobile on a trail officially designated for snowmobile use.

B. As used in this section, "off-road vehicle" shall mean any motorized vehicle which is not registered for use on a public highway and shall include, but not be limited to, a snowmobile or other vehicle designed to travel over snow or ice and any motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle. "Off-road vehicle" shall not include a self-propelled wheelchair, invalid tricycle, or motorized quadri-cycle when operated by a person with a physical disability which impairs the ability of such person to ambulate.

C. This section shall not apply to county employees or peace officers using off-road vehicles in the course of their employment.

D. Violation of this section is an infraction. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code.

(Ord. G-6484 § 2, 1998)

(Ord. No. G-8815, § 3, 3-19-19)

A. No person shall operate any sound amplification equipment within any public park, campground or recreation area owned, maintained or operated by the county in such a manner that the amplified sound is audible at a distance in excess of one hundred (100) feet unless a permit has been issued pursuant to Section 13.04.069 and the sound amplification equipment is being operated in accordance with the terms and conditions of the permit.

B. As used in subsection (A), the term "sound amplification equipment" shall mean any machine or device which amplifies the human voice, music or other sound including, but not limited to, radios, tape players, compact disc players, record players, microphones and televisions.

C. This section shall not apply to sound amplification equipment operated by county employees or peace officers in the course of their employment.

D. The ordinance codified in Sections 13.04.065, 13.04.067, and 13.04.069 shall not supersede, amend, repeal or modify the Noise Rule for Kern County Parks Department Campgrounds which was adopted in Resolution No. 92-252.

E. Violation of this section is an infraction. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code.

(Ord. G-6119 § 2, 1994)

(Ord. No. G-8815, § 3, 3-19-19)

A. A permit for the use of sound amplification equipment may be obtained by filing an application with the director of parks and recreation.

B. The application shall be on a form furnished by the county. The completed application shall be signed and filed with the director not less than fourteen (14) days nor more than one hundred twenty (120) days prior to the effective date of the permit.

C. The application shall contain the following:

1. The name, address and telephone number of the applicant and if the applicant is not an individual, the name of the person in charge of the event;

2. The name of the park and the areas where the sound amplification equipment will be operated;

3. A general description of the sound amplification equipment;

4. The nature of the proposed use of the sound amplification equipment;

5. The approximate volume, in decibels, of the sound which will be produced;

6. The date, time and duration of the proposed use of the sound amplification equipment;

7. Any other information which the director finds necessary to determine whether or not to issue the permit or to impose conditions in the event a permit is issued.

(Ord. G-6119 § 3, 1994)

A. The director shall review each application described in Section 13.04.067 and shall approve, approve with conditions or deny the application on or before sixty (60) days after the filing of the application unless the time for such action has been waived in writing by the applicant.

B. The director shall issue a permit for sound amplification equipment if the director finds that the operation of such sound amplification equipment, if used as described in the application and in accordance with all conditions of the permit, will not unreasonably disturb other users of the park, campground or recreation area or the occupants of residences in close proximity to the park, campground or recreation area.

(Ord. G-6119 § 4, 1994)

Any person riding a skateboard at a skateboard park owned or operated by the county, that is designed and maintained for the purpose of recreational skateboard use, must wear a helmet, elbow pads, and knee pads. Any person riding a skateboard without wearing a helmet, elbow pads, and knee pads is guilty of an infraction punishable as prescribed in Section 1.12.020 of this code. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code.

(Ord. G-7315 § 2, 2005)

(Ord. No. G-8815, § 3, 3-19-19)

A. It is an infraction to peddle, solicit orders or dispense or sell any food, drink, goods, wares, merchandise or other items in any building owned or operated by the county, unless such goods, wares or merchandise are sold from a vending machine or other dispensing device which has been installed by the owner or operator thereof in the county building under a written license or agreement granted by the county purchasing agent or unless the sale of such goods, wares or merchandise is otherwise approved by the county official in charge of the building.

B. This section shall not be construed to apply to services or materials provided by county officers and employees in conducting the official business of the county nor to vending facilities operated by qualified persons licensed by the Division of Rehabilitation of the State Human Relations Agency.

(Prior code § 5304)

A. Except as hereinafter provided, it constitutes an infraction for any person, firm or corporation to conduct business, to provide any services, or to sell, or offer for sale, demonstrate, display or solicit future sales of or rental of any goods, wares, merchandise or services in or upon any public park or recreation area owned, maintained or operated by the county. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code.

B. The provisions of this section do not apply to any sale of merchandise offered or effected under permit, license or grant of concession issued or awarded by the board of supervisors or the director of the county parks and recreation department.

(Ord. G-6110 § 5, 1994: Ord. G-4349 § 3, 1986: prior code § 5304.4)

(Ord. No. G-8815, § 3, 3-19-19)

A. The sale by a nonlicensee or consumption of alcoholic beverages or possession of any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed is prohibited in the Kern River County Park; provided, however, that sales, consumption of such beverages or possession of open containers may be permitted by group participants in special events or by individuals pursuant to alcoholic beverage permits issued by the director of parks and recreation ("director"), to persons of legal drinking age.

B. Violation of this section is an infraction. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code.

C. This section will not apply to any property under a lease agreement with the county within the Kern River County Park.

D. The purchase of a camping permit at Kern River County Park Campground will take the place of the required alcohol permit for a group of up to fifteen (15) people within fifty (50) feet of the campsite table.

(Ord. G-5992 § 2 (part), 1993)

(Ord. No. G-8815, § 3, 3-19-19)

Any sale or consumption of alcoholic beverages or possession of any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed is prohibited in Lamont Park, Virginia Avenue Park, Heritage Park, Lost Hills Park, or Rexland Acres Park; provided, however, that sales, consumption of such beverages, or possession of open containers may be permitted during special events pursuant to an alcoholic beverage permit issued by the director. Violation of this section is an infraction and punishable by a fine not exceeding fifty dollars ($50.00) for a first violation; a fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within one (1) year; a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same ordinance within one year.

(Ord. G-5901 § 2 (part), 1993)

(Ord. No. G-8313, § 2, 7-31-12; Ord. No. G-8407, § 2, 6-11-13; Ord. No. G-8459, § 2, 1-28-14; Ord. No. G-8805, § 2, 11-13-18)

The sale and consumption of alcoholic beverages may be permitted within specified areas of the Kern River County Park if the seller has an exclusive use permit and an alcoholic beverage sales and group consumption permit or group alcoholic consumption permit. As a condition of the issuance of the alcoholic beverage sales and group consumption permit or the group alcoholic consumption permit, each permittee shall keep and hold harmless the county from any and all claims, demands or causes of action, which may be asserted, maintained or established against the county and/or any of its officers, agents or employees, for death, personal injury or property damage suffered or claimed to have been suffered by any person arising out of the use of the Kern River County Park.

No such alcoholic beverage permit shall be issued unless the permittee as an insured has procured insurance. No issued permit is valid unless during the period of use covered by a permit, a policy or policies of public liability and property damage insurance naming the county as co-insured is in effect.

Such policy or policies shall provide commercial general liability insurance, including the broad form CGL endorsement, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000.00) per occurrence.

Such policy or policies shall be issued by a company rated B +: V or better by A.M. Best and Company, and also authorized in this state to issue such policies. Permittee shall submit an acceptable certificate of proof showing the required insurance coverage to the director prior to the issuance of the permit.

(Ord. G-5992 § 2 (part), 1993)

A. 1.

The sale of alcoholic beverages may be permitted in Lamont Park, Virginia Avenue Park, Heritage Park, Lost Hills Park, or Rexland Acres Park if the seller has an exclusive use permit and an alcoholic beverage sales permit. As a condition of the issuance of the alcoholic beverage sales permit each permittee shall keep and hold harmless the county from any and all claims, demands, or causes of actions, which may be asserted, maintained, or established against county and/or any of its officers, agents, or employees, for death, personal injury, or property damages suffered or claimed to have been suffered by any person rising out of the sale of alcoholic beverages or the use of Lamont Park, Virginia Avenue Park, Heritage Park, Lost Hills Park, or Rexland Acres Park.

2. No such alcoholic beverage permit shall be issued unless the permittee as an insured has procured insurance. No issuance permit is valid unless during the period of use covered by a permit, a policy or policies of public liability and property damage insurance naming the County as co-insured is in effect.

3. Such policy or policies shall provide commercial general liability insurance, including the broad form CGL endorsement, providing coverage on an occurrence basis for bodily injury, including death, of one (1) or more persons, property damage and personal injury, with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate.

4. Such policy or policies shall be valid only if issued by a company rated B+:VII or better by A.M. Best and Company, which is authorized in this state to issue such policies. Prior to the issuance of the permit, permittee shall submit an acceptable certificate of proof to the director showing the required insurance coverage to be in effect for the period covered by the permit.

B. Permits for the sale of alcoholic beverages shall not be issued when another special event has been previously scheduled for Lamont Park, Virginia Avenue Park, Heritage Park, Lost Hills Park, or Rexland Acres Park during the same hours that the sale is proposed to be held.

(Ord. G-5901 § 2 (part), 1993)

(Ord. No. G-8313, § 2, 7-31-12; Ord. No. G-8407, § 2, 6-11-13; Ord. No. G-8459, § 2, 1-28-14; Ord. No. G-8805, § 2, 11-13-18)

The consumption or possession of open containers holding alcoholic beverages may be permitted in the Kern River County Park pursuant to an individual alcoholic beverage consumption permit. As a condition of the issuance of a permit, each permittee shall keep and hold harmless the county from any and all claims, demands or causes of action, which may be asserted, maintained or established against the county and/or any of its officers, agents or employees, for death, personal injury or property damage suffered or claimed to have been suffered by any person arising out of the use of the Kern River County Park.

(Ord. G-5952 § 2 (part), 1993)

A. Any person applying for an alcoholic beverage sales permit in Lamont Park, Virginia Avenue Park, Heritage Park, Lost Hills Park, or Rexland Acres Park shall file an application for such permit with the director on a form furnished by the county. Such application, fully completed and signed, with the required certificate of insurance, shall be filed not less than fifteen (15) nor more than two hundred ten (210) days prior to the effective date(s) of the proposed function. All alcoholic beverages sales permits shall be valid only during the day(s) of the associated exclusive use permit. Application shall be made on weekdays between the hours of eight (8:00) a.m. and five (5:00) p.m. All permit holders shall comply with park regulations, a copy of which shall be provided each permittee.

B. The application shall contain the following:

1. Names, addresses, and telephone numbers of the applicant, the sponsoring organization (if any), and the person in charge of the proposed activity or event;

2. The area or areas being applied for;

3. The date and starting and finishing time of the consumption or sales;

4. The nature of the event and an estimate of the minimum and maximum number of customers, spectators, or participants expected to attend;

5. Such other information pertinent to the proposed use, as the director finds necessary and requires in order to determine whether or not the permit should be granted, and if granted, the conditions or such permit;

6. A copy of the license to sell issued by the State Alcoholic Beverage Control;

7. The applicable fee shall be submitted with the application prior to processing.

C. The director shall review the application(s) and shall approve, approve with conditions, or deny the application(s) on or before ten (10) days after the filing of the application unless the time for such action has been waived by the applicable regulations, a copy of which shall be issued along with the permit.

(Ord. G-5901 § 2 (part), 1993)

(Ord. No. G-8313, § 2, 7-31-12; Ord. No. G-8407, § 2, 6-11-13; Ord. No. G-8459, § 2, 1-28-14; Ord. No. G-8805, § 2, 11-13-18)

A. Any person applying for an alcoholic beverage sales and group consumption or a group alcoholic beverage consumption permit in the Kern River County Park shall file an application for such permit with the Director on a form furnished by the county. Such application, fully completed and signed, with the required certificate of insurance, shall be filed not less than fifteen (15) nor more than two hundred ten (210) days prior to the effective date(s) of the proposed function. All alcoholic beverage sales and group consumption or group alcoholic beverage consumption permits shall be valid only during the day(s) of the associated exclusive use permit. Application shall be made on weekdays between the hours of eight (8:00) a.m. and four-thirty (4:30)p.m. All permit holders shall comply with park regulations, adopted by the director of parks and recreation. Failure to follow the regulations attached to or printed on the permit will cause the permit to become void.

B. The application shall contain the following:

1. Names, addresses and telephone numbers of the applicant, the sponsoring organization (if any), and the person in charge of the proposed activity or event;

2. The area or areas being applied for;

3. The date and starting and finishing time of the consumption or sales;

4. The nature of the event and the minimum and maximum number of customers, spectators or participants expected to attend;

5. Such other information pertinent to the proposed use, as the Director finds necessary and requires in order to determine whether or not the permit should be granted, and if granted, the conditions of such permit;

6. A copy of the license to sell issued by the State of California Alcoholic Beverage Control Department;

7. The applicable fee shall be submitted with the application prior to processing.

(Ord. G-5992 § 2 (part), 1993)

Any individual applying for an alcoholic beverage consumption permit under Section 13.04.095 shall file an application for such permit with the director on a form furnished by the county. Such application must be fully completed and signed. Application shall be made on weekdays between the hours of eight (8:00) a.m. and four-thirty (4:30) p.m. The application fee shall be submitted with the application prior to processing. All individual alcoholic beverage consumption permits shall be valid for the individual listed on the permit and up to five (5) others in that group and only cover an area within fifty (50) feet of the permit. Individual alcoholic beverage consumption permits shall be valid only south of the southerly high water mark of the Kern River. The permit will be valid for one (1) forty-eight (48) hour period. An individual may be issued permits for up to thirty (30) days in advance. All permit holders shall also comply with park regulations, adopted by the director of parks and recreation. Failure to follow regulations attached to or printed on the permit, will cause the permit to become void.

(Ord. G-5992 § 2 (part), 1993)

A. Except as hereinafter provided in subsections 13.04.100(B), (C), and (D), and Sections 13.04.110 and 13.04.120, all public parks owned, or operated or maintained by the county shall be closed to public use and occupancy between the hours of ten (10:00) p.m. and five (5:00) a.m.

B. Exceptions. The closing hours provided by subsection 13.04.100(A) shall not apply to the following park areas, to wit: Greenhorn Mountain; Tehachapi Mountain and Buena Vista Aquatic Recreational Area; and designated camping areas only of Kern River County Park Campground.

C. Exception. The Frank L. Stramler Group Picnic Area, located at the Metropolitan Recreation Center, shall be closed to public use and occupancy between the hours of twelve (12:00) midnight and five (5:00) a.m. The provisions of Sections 13.04.110 and 13.04.120 are applicable to the requested use of the Frank L. Stramler Group Picnic Area between the hours of twelve (12:00) midnight and five (5:00) a.m.

D. Exception. The closing hours provided by subsection 13.04.100(A) above shall not apply to parking lot areas used with multiple-day park events, as authorized by the director.

E. Any person who uses or occupies a park when closed to the public in violation of this section is guilty of an infraction and is also subject to an administrative penalty under Chapter 8.54 of this Code.

(Ord. G-5952 § 8, 1993: Ord. G-5291 § 2, 1990: prior code §§ 5304.5, 5304.6; Ord. No. G-8921, § 4, 3-31-20)

When it is determined by the director of the department of parks and recreation that an emergency exist or that other special circumstances justify use of parks premises beyond the designated closing hour, the director may authorize the temporary use of the parks referred to in subsection (A) of Section 13.04.100 between the hours of ten (10:00) p.m. and five (5:00) a.m. during the continuance of any such emergency or special circumstances.

(Prior code § 5304.7)

Upon authorization by the director of parks and recreation organized youth groups may be permitted to use the following park areas between the hours of ten (10:00) p.m. and five (5:00) a.m.; Lake Woollomes, Hart Memorial Park, Lake Ming, Kern River Golf Course and Metro Recreation Center. As used int his section, the term "organized youth group" refers to any publicly recognized and regularly established youth organization.

(Prior code § 5304.8)

It is unlawful to possess, sell or use metal or glass beverage containers while on the premises inside the wooden-fenced area comprising Sam Lynn Ball Park at the Metropolitan Recreation Center. Violation of this section constitutes a misdemeanor punishable as prescribed in Section 1.12.030 of this code.

(Prior code § 5427)

A. It is unlawful for any person to swim, bathe, dive or wade in, or to boat float, or water ski over or through, or to travel by other device or vehicle on or under the surface of, the water in an irrigation canal, for purposes of amusement or recreation.

B. As used in this section, "irrigation canal" means a channel or conduit used to divert or convey irrigation water, the term includes canals, laterals, ditches, drains and siphons.

C. Violation of this section is an infraction. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code.

(Prior code § 5428)

(Ord. No. G-8815, § 3, 3-19-19)

A. Pursuant to Section 836.5 of the Penal Code and section 5380 of the Public Resources Code, all park security officers appointed by the of Parks and Recreation Department of the county are designated public officers with the authority and duty to enforce, by arrest and citation, any law when a violation occurs in or about any public park and recreation area. No park security officer shall arrest or issue a citation to any person for a violation of any law unless the officer has reasonable cause to believe that the violation has occurred in the officer's presence. Unless the person arrested demands to be taken before a magistrate, the park security officer shall issue a citation to that person in accordance with subdivision (d) of section 836.5 of the Penal Code.

B. As used in this section, words and phrases are defined as follows:

1. "Public park and recreation area" means any land and/or water area within the county owned by and/or operated, managed or controlled by the county as a public park and/or public recreation areas or facility.

2. "Any law" means any state statute, any ordinance of the county, or any rule or regulation duly adopted by the board of supervisors of the county, violation of which is a misdemeanor or infraction and which is applicable, either generally or specifically, to the use or occupancy of any public park or recreation area by any person.

3. "Park security officer" means any person appointed by the parks and recreation department to the classification of park security officer or any other classification which includes the duties of a park security officer.

(Ord. G-6376 § 2, 1997: Prior code § 5304.2)

A. Any person who, while using a public park, recreation area or public building owned and/or operated by the county, and who, after due warning, wilfully and intentionally violates any rule or regulation which has been duly and regularly adopted by the board of supervisors of the county for the safety and welfare of the members of the general public using such park, recreation area or public building, is guilty of an infraction.

B. Any person violating any of the provisions of this chapter not specifically declared to be an infraction is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or by imprisonment in the county jail not to exceed one hundred (100) days, or by both such fine and imprisonment, in the discretion of the court.

(Ord. G-4348 § 4, 1986: prior code § 5305)

A fee for making a reservation to use a recreational facility owned by the county shall be established by uncodified ordinance. Fees to change the date for use of a reserved facility and to process a refund for all or any unused portion of a reservation shall also be established by uncodified ordinance. As used in this section, "recreational facility" shall include campsites, mountain group camp facilities, group picnic areas, swimming pools or other designated swimming areas, county public buildings administered by the county parks and recreation department, and park sports facilities. Reservation fees shall not be collected in addition to the application fees established pursuant to Sections 13.04.020 and 13.36.020 of this code.

(Ord. G-6488 § 2, 1999: Ord. G-6487 § 2, 1998)

It is unlawful for any person to light, smoke, chew, discard or use in any other way, any tobacco product at any time in Rexland Acres Park and Lamont Park. This prohibition does not apply to the parking areas of such parks; therefore, tobacco products are permitted in the parking areas of Rexland Acres Park and Lamont Park. Violation of this section is an infraction and punishable by a fine not exceeding fifty dollars ($50.00) for a first violation; a fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within one (1) year; a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same ordinance within one (1) year.

(Ord. No. G-8458, § 3, 1-28-14; Ord. No. G-8805, § 2, 11-13-18)

A. It is unlawful for any person to possess, discharge or use any fireworks, including fireworks defined and classified as "safe and sane" by California Health and Safety Code Section 12529, within any Kern County park.

B. This provision shall not apply to pyrotechnic operators licensed by the state of California engaged in the preparations for or performance of a public fireworks display, providing the operator possesses any applicable local permits regulating the use, discharge or possession of fireworks.

C. Any person who violates this section shall be assessed an administrative penalty as specified in Section 17.32.026 of the Kern County Fire Code.

(Ord. No. G-8574, § 4, 6-23-15)

It is unlawful for any person to light, smoke, ingest, discard, or use in any other way, any cannabis product at any time in any Kern County park or other Kern County public place. This prohibition includes the parking areas of such parks, and therefore cannabis products are not permitted in the parking areas of any Kern County park or other Kern County public place. Violation of this section is an infraction and punishable by a fine not exceeding one hundred dollars ($100.00) for persons twenty-one (21) years of age or older. For persons twenty-one (21) years of age or younger, a violation of this section is an infraction and punishable by requiring a person to complete four (4) hours of a drug education program or counseling, and up to ten (10) hours of community service, over a period not to exceed sixty (60) days once the drug education program or counseling and community service opportunity are made available to the person. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this Code. These prohibitions shall be in accordance with California Health and Safety Code Section 11362.3 and Section 11362.4.

(Ord. No. G-8739, § 4, 10-24-17; Ord. No. G-8921, § 4, 3-31-20)

It is unlawful for any person to light, smoke, ingest, discard, or use in any other way, any cannabis product at any time within one thousand (1,000) feet of any school, day care center, or youth center while children are present. This prohibition does not apply to grounds of a private residence and only if such smoking is not detectable by others on the grounds of any school, day care center, or youth center while children are present. Violation of this section is an infraction and punishable by a fine not exceeding two hundred fifty dollars ($250.00) for persons twenty-one (21) years of age or older. For persons twenty-one (21) years of age or younger, a violation of this section is an infraction and punishable by requiring a person to complete four (4) hours of a drug education program or counseling, and up to twenty (20) hours of community service, over a period not to exceed ninety (90) days once the drug education program or counseling and community service opportunity are made available to the person. These prohibitions shall be in accordance with California Health and Safety Code Section 11362.3 and Section 11362.4.

(Ord. No. G-8739, § 4, 10-24-17)