Kern County Municipal Code Ch. 13.16 Nature Preservation Areas

A. Section 9.20.010 of this code shall continue to apply to the unincorporated community of North Edwards.

B. It is unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner, any bird or wild fowl, or to rob bird nests in the North Edwards Bird Sanctuary, more particularly described as: the parcel of land, Sections 27, 28, 33 and 34, Township 11 North, Range 9 West, SBB&M, county of Kern, state of California, being a parcel of land described as:

Beginning at the intersection of the southerly right-of-way line of State Highway Route 58 and the west line of said Section 33;

Thence (1) northerly, along section lines, to the northwest corner of said Section 28;

Thence (2) easterly, along section lines, to the northeast corner of the west half of said Section 27;

Thence (3) southerly, along the east line of the west half of Sections 27 and 34 to the southerly right-of-way line of said State Highway;

Thence (4) northwesterly, along said right-of-way line, to the point of beginning.

C. It is not unlawful to remove a bird nest attached to a dwelling designed for human habitation if the occupants of the dwelling find the nest to be a nuisance.

D. If such birds or fowl are found to be congregating in such numbers in the North Edwards Bird Sanctuary as to constitute a nuisance or menace to health or property in the opinion of the health department, county of Kern, the department will meet and confer with the representatives of the North Edwards Tumbleweeds Garden Club, the Audubon Society Bird Club, Garden Club, or Humane Society, or as many of said clubs as are found to exist in North Edwards, after having given at least three (3) days actual notice of the time and place of such meeting to the representatives of said clubs. After such meeting and conference, the said birds may be destroyed in such number and in such manner as is deemed necessary by the health department, county of Kern, in its sole discretion.

E. Anyone violating the provisions of this section is guilty of a misdemeanor as provided in Section 1.12.030 of this code.

F. Appropriate signs giving notice of the regulations prescribed herein shall be conspicuously posted by the Kern County parks and recreation department at points along the perimeter of the North Edwards Bird Sanctuary at intervals of not more than one-third (⅓) mile. All such signs posted upon restricted areas prescribed herein shall contain wording substantially in the manner and form as follows:

NOTICE: NORTH EDWARDS BIRD SANCTUARY. IT IS UNLAWFUL TO TRAP, HUNT, SHOOT, OR ATTEMPT TO SHOOT OR MOLEST IN ANY MANNER ANY BIRD OR WILD FOWL, OR TO ROB BIRD NESTS IN NORTH EDWARDS. Kern County Ordinance Code Section 13.16.010.

G. The Tumbleweeds Garden Club is given permission to erect a sign identifying the community of North Edwards as a bird sanctuary. The location, design, and size of such sign shall be subject to all applicable ordinances and regulations. The county shall in no way be obligated for the construction, maintenance, repair or removal of the sign.

(Prior code § 5057)

A. It is unlawful to molest or damage any flora or fauna located on that portion of the Kern River County Park described as follows:

All that portion of Section 3, Township 29 South, Range 29 East, MDB&M, county of Kern, state of California, being a parcel of land described as:

Commencing at the northwest corner of the southwest quarter of said Section 3 from which the northwest corner of said section bears north;

THENCE (1) south 79° 34' 50″ east; 2166.08 feet to a 1 inch iron pipe with Kern County Surveyors tag on the south line of that certain parcel of land described as Parcel 6 and conveyed to Kern County in Book 4847 Page 1881 of Official Records, the true point of beginning;

THENCE (2) south 88º 56' 25″ west, 1 foot;

THENCE (3) north 1º47' 12″ west, 427.61 feet;

THENCE (4) north 2º 16' 34″ east, 95.67 feet;

THENCE (5) south 89º 00' 36″ west, 8.50 feet;

THENCE (6) north 10º 44' 57″ east, 311.05 feet;

THENCE (7) north 5º 15' 40″ east, 233.28 feet;

THENCE (8) south 85º 46' 33″ east, 37.40 feet;

THENCE (9) north 10º 08' 02″ east, 306.34 feet;

THENCE (10) south 79º 03' 43″ east, 4.53 feet;

THENCE (11) north 10º 42' 10″ east, 119.35 feet;

THENCE (12) north 20º 54' 08″ east, 149.13 feet;

THENCE (13) north 10º 17' 36″ east, 79.09 feet to a point in the existing fence line and the westerly extension of the south line of the Kern River Park River Rafting Concession Lease site;

THENCE (14) south 88º 26' 55″ east, 232.0 feet more or less to the center of the Kern River as the same existed on September 1, 1951;

THENCE (15) southerly along the centerline of Kern River to the easterly extension of the south line of that certain parcel of land described as Parcel 6 and conveyed to Kern County in Book 4847 Page 1881 Official Records;

THENCE (16) south 88° 56' 25″ west, along said south line 190 feet more or less to the point of beginning.

Containing 7.8 acres more or less.

B. It is also unlawful to operate a vehicle of any type within the area described in subsection (A) of this section without prior written permission from the county director of parks and recreation.

C. Anyone violating the provisions of this section is guilty of a misdemeanor, as provided in Section 1.12.030 of this code.

D. Appropriate signs shall be posted by the county parks and recreation department, which shall be conspicuously visible along the boundaries of the area described in subsection (A) of this section, and which shall contain wording substantially in the manner and form as follows:

NOTICE: NATURAL PRESERVE AREA. IT IS UNLAWFUL TO MOLEST OR DAMAGE ANY PLANTS OR ANIMALS WITHIN THIS AREA. ALL VEHICLES PROHIBITED. Kern County Ordinance Code Section 13.16.020

E. The county parks and recreation department shall operate this area in a manner most likely to preserve natural conditions existing on the site, consistent with access by the general public for use and enjoyment of the area.

(Prior code § 5058)

A. The following parcels of land are designated as the Kern River Riparian Preserve Park:

Area 1:

All that portion of the northeast quarter of Section 6 and both the north half and southeast quarter of Section 5, Township 29 South, Range 29 East, M.D.M., in the unincorporated area of the county of Kern, state of California; also being all that portion of Parcels 2 and 3B of that certain document recorded in Book 3012 at Page 205 of Official Records on file in the office of the Kern County Recorder; being an area of land lying southwesterly of the Kern River and northeasterly of the northeasterly lease line of the Kern River Park soccer field lease and the northeasterly line of the Kern River Park Natural Museum site, as depicted on Maps "9 P1 KRP 1E M-1" and "9 P1 KRP 1A M5", respectively, on file the office of the Kern County Surveyor, being an area of land more particularly described as follows:

Commencing at the southwest corner of Section 31, Township 28 South, Range 29 East, M.D.M.; thence south 89° 52′ 36″ east, on and along the north line of said Section 6, a distance of 480.05 feet to said northeasterly line of the American Youth Soccer lease and the point of beginning;

THENCE (1) departing said north line, south 4° 08′ 27" east, continuing on and along said northeasterly lease line of the soccer field lease, a distance of 39.26 feet;

THENCE (2) south 25° 39′ 59″ east, a distance of 125.03 feet;

THENCE (3) south 41° 37′ 56″ east, a distance of 2,080.38 feet;

THENCE (4) south 68° 16′ 16″ east, a distance of 1,024.72 feet;

THENCE (5) south 80° 32′ 16″ east, a distance of 304.12 feet;

THENCE (6) south 73° 28′ 54″ east, a distance of 597.74 feet to the westerly line of said natural museum site;

THENCE (7) departing said northeasterly lease line, north 42° 19′ 44″ east, continuing on and along said westerly line of the natural museum site, a distance of 306.54 feet to the northwest corner of said museum site;

THENCE (8) south 70° 28′ 33″ east, on and along said northerly line of said natural museum site, a distance of 1,303.86 feet to the beginning of a non-tangent curve, having a radius of 1,800.00 feet, concave southerly, from which a radial line bears south 06° 57′ 44″ east;

THENCE (9) southeasterly along said curve through a central angle of 31° 04′ 28″ an arc distance of 976.23 feet;

THENCE (10) south 02° 09′ 50″ east, a distance of 113.49 feet;

THENCE (11) departing said line of the natural museum site, south 74° 58′ 17″ east, a distance of 400.00 feet;

THENCE (12) perpendicular to last said course, north 15&deg ;01′ 43″ east, to the thread of the Kern River;

THENCE (13) northwesterly along the thread of the Kern River to a point of intersection with the said north line of Section 6;

THENCE (14) westerly, on and along said north line of Section 6 to the point of beginning.

and

Area 2:

All that portion of the south half of Section 33 and the southwest quarter of Section 34, Township 28 south, Range 29 East, M.D.M,; also being all that portion of the north half of Section 4 and the northwest quarter of Section 3, Township 29 south, Range 29 East, M.D.M., in the unincorporated area of the county of Kern, state of California; also being all that portion of the "revised plans for a boating lake in Kern River State Park" on file as Map No. "9-P1 Kern River Boating Lake AB 28-28-19" in the office of the Kern County Surveyor; also being all that portion of Lake Ming Road as shown in Kern County Public Works Field Book (PWFB) 143-l at Pages 34, 35, 46 and 47 in said Surveyor's office, being an area of land lying southerly and westerly of the Kern River, northerly and 4 northwesterly of Lake Ming, and northerly and easterly of said Lake Ming Road, being more particularly described as follows:

Commencing at the northeast corner of said Section 4; thence south, on and along the east line of said Section 4, a distance of 1,351.10 feet; thence, departing the east line of Section 4, West, a distance of 3,100.15 feet to the most westerly corner of said Lake Ming and top of levee per said plans and the point of beginning, said point being the beginning of a curve, concave southeasterly, having a radius of 420.00 feet, from which a radial line bears due east;

THENCE (1) northeasterly, along said levee and curve through a central angle of 57° 38′ 00″ an arc distance of 422.47 feet;

THENCE (2) north 57° 38′ 00″ east, a distance of 378.41 feet to the beginning of a curve, concave northwesterly, having a radius of 1,070.00 feet;

THENCE (3) northeasterly along said curve through a central angle of 10° 50′ 30″ an arc distance of 202.47 feet;

THENCE (4) north 46° 47′ 30″ east, a distance of 199.69 feet to the beginning of a curve, concave southeasterly, having a radius of 445.00 feet;

THENCE (5) northeasterly along said curve through a central angle of 12° 30′ 30″ an arc distance of 97.15 feet;

THENCE (6) north 59° 18′ 00″ east, a distance of 651.38 feet to the beginning of a curve, concave northwesterly, having a radius of 260.00 feet;

THENCE (7) northeasterly along said curve through a central angle of 21° 42′ 30″ an arc distance of 98.51 feet;

THENCE (8) north 37° 35′ 30″ east, a distance of 193.81 feet to the beginning of a curve, concave southeasterly, having a radius of 545.00 feet;

THENCE (9) northeasterly along said curve through a central angle of 40° 22′ 00″ an arc distance of 383.97 feet;

THENCE (10) north 77° 57′ 30″ east, a distance of 196.73 feet to the beginning of a curve, concave southeasterly, having a radius of 740.00 feet;

THENCE (11) northeasterly along said curve through a central angle of 07° 34′ 00″ an arc distance of 97.73 feet;

THENCE (12) north 85° 31′ 30″ east, a distance of 693.61 feet to the beginning of a curve, concave northwesterly, having a radius of 1,000.00 feet;

THENCE (13) northeasterly along said curve through a central angle of 06° 00′ 20″ an arc distance of 104.82 feet;

THENCE (14) north 79° 31′ 10″ east, a distance of 447.40 feet to the beginning of a curve, concave southwesterly, having a radius of 295.00 feet;

THENCE (15) northeasterly, easterly, southeasterly, southerly, and southwesterly along said curve through a central angle of 166° 28′ 50″ an arc distance of 857.16 feet;

THENCE (16) departing said levee, south 47° 15′ 36″ west, a distance of 95.54 feet, more or less, to the centerline of said Lake Ming Road as shown in said PWFB 143-l Page 34 for begin curve Station 20+73.31, said point also being the beginning of a non-tangent curve, concave northwesterly, having a radius of 3,200.00 feet, from which a radial line bears north 25° 06′ 43″ west;

THENCE (17) northeasterly along said curve and centerline through a central angle of 11° 00′ 00″ an arc distance of 614.36 feet to the beginning of a reverse curve, concave southeasterly, having a radius of 950.00 feet, from which a radial line bears south 36° 06′ 43″ east;

THENCE (18) northeasterly and easterly along said curve through a central angle of 35° 00′ 00″ an arc distance of 580.32 feet to the beginning of a compound curve, concave southwesterly, having a radius of 850.00 feet, from which a radial line bears south 01° 06′ 43″ east;

THENCE (19) easterly and southeasterly along said curve through a central angle of 80° 00′ 00″ an arc distance of 1,186.82 feet to the beginning of a compound curve, concave westerly, having a radius of 650.00 feet, from which a radial line bears south 78° 53′ 17″ west;

THENCE (20) southerly and southwesterly along said curve through a central angle of 42° 00′ 00″ an arc distance of 476.48 feet to the beginning of a reverse curve, concave easterly, having a radius of 650.00 feet, from which a radial line bears south 59° 06′ 43″ east;

THENCE (21) southwesterly and southerly along said curve through a central angle of 33° 30′ 00″ an arc distance of 380.05 feet to the end of Lake Ming Road per said PWFB at page 35, end of curve Station 53+11.35;

THENCE (22) departing said centerline, east to the thread of the Kern River;

THENCE (23) northeasterly, northerly, northwesterly, westerly, and southwesterly along said thread of the Kern River to a point that lies due west of the point of beginning;

THENCE (24) east to the point of beginning.

B. The intent of this section is for the county to operate and maintain the Kern River Riparian Preserve Park in such a manner that is consistent with the existing Kern River Plan Element and Kern River Specific Trails Plan. Further, it is to protect the natural resource of the lower Kern riparian area for the use and enjoyment of future generations, while providing for compatible passive uses that will not adversely affect the riparian resource along the river.

C. The county shall operate the Kern River Riparian Preserve Park in such a manner as to preserve the existing natural conditions, including flora and fauna to the extent feasible, to promote education and community use, and provide opportunities for studies, research, and observation of wildlife.

D. This area shall provide for preservation of native plants, wildlife, and cultural resources of the river area and provide a means of access to the Kern River for public use and enjoyment. Improvements for access, such as trails, parking areas, and existing facilities shall be allowed as long as adverse effects on riparian vegetation and wildlife habitat are minimized.

E. Recreational uses which require minimum physical development shall be encouraged as long as public health and safety are not put at risk. Such uses would include, but are not limited to, fishing access, viewing area access, hiking/walking/jogging, equestrian access/riding, dog walking on leash, picnicking, use by educational groups, riparian resource (flora/fauna), and bicycle riding (Class I path).

F. It is unlawful to operate motorized vehicles and off-road vehicles, unless authorized, at the Kern River Riparian Preserve Park. Other uses prohibited and inconsistent with resource protection and passive recreation are, but not limited to weapons use of any kind, unauthorized "take" or molesting or harming any flora or fauna, fires of any kind, smoking, overnight camping, dumping or littering. Anyone violating the provisions of this subsection may be guilty of a misdemeanor or administrative violation and subject to appropriate penalties.

G. Access for maintenance, construction, authorized vehicles, equipment, and operations is allowed.

H. The county shall post educational and instructional signs that shall be conspicuously visible along the boundaries of the Kern River Riparian Preserve Park as well as at access points, and that shall contain wording substantially in the manner and form as follows:

NOTICE: KERN RIVER RIPARIAN PRESERVE PARK. UNAUTHORIZED VEHICLES, THE USE OF ANY FIREARMS, OPEN FIRES OF ANY KIND, OVERNIGHT CAMPING, SMOKING, LITTERING, MOLESTING AND DAMAGING FLORA AND FAUNA ARE ALL STRICTLY PROHIBITED. Kern County Ordinance Code Section 13.16.020

(Ord. No. G-8980, § 2, 11-10-20)