Los Angeles County Municipal Code Part 2 General Provisions

The ordinance codified in this chapter shall be known as and may be cited as the "park ordinance."

(Ord. 10309 Art. 2 § 23, 1971.)

Whenever a power is granted to or a duty is imposed upon the director or other public officer, the power may be exercised or the duty performed by a deputy of the public officer or other person so authorized, pursuant to law, by the director, except as otherwise provided by this chapter.

(Ord. 10309 Art. 2 § 24, 1971.)

The director is vested with authority over and control of all floats, wharves, docks and any other facilities owned, leased, controlled, constructed or maintained by a lessee or private fee owner in any park, for the purpose of causing to be corrected any condition which violates or which would tend to cause or contribute to any violation of the purpose and provisions of this chapter.

(Ord. 10729 § 5, 1973: Ord. 10309 Art. 2 § 28, 1971.)

The director may place and maintain, or cause to be placed and maintained, either on land or water, such signs, notices, signals, buoys or control devices as he deems necessary to carry out the provisions of this chapter, or to insure public safety and orderly and efficient use of any park or park waters. A person shall not wilfully fail to obey any sign, notice, signal, control device or buoy placed or erected pursuant to this section.

(Ord. 10729 § 6, 1973: Ord. 10309 Art. 2 § 29, 1971.)

Permission to be within the limits of any park or park waters, as defined by this Chapter, or to use any facilities, is conditioned on park users complying with all applicable provisions of this Chapter or any other applicable laws, ordinances, rules, and regulations. A violation of any provision of this Chapter or of any order, rule, or regulation authorized by this Chapter, or of any other applicable law, ordinance, rule, or regulation will result in the person in violation of being a trespasser, whether in incorporated or unincorporated territory, and a peace and/or code enforcement officer, Sheriff or Director, or their respective designees ("Enforcement Official"), may remove or exclude the person from a park in accordance with this Section in addition to any other remedy or penalty.

Nothing in this Section will be construed to authorize the removal or exclusion of any person lawfully engaged in Expressive Activity, as defined in Section 17.04.455.I, or other constitutionally protected activity. However, a person lawfully exercising these protected rights but who commits an act that is not protected can be subject to removal or exclusion.

A.

For the purposes of this Section, removal is an order given by the Enforcement Official, directing a person to immediately leave a park and not return for the remainder of the day.

B.

For the purposes of this Section, exclusion is an order given by the Enforcement Official, directing a person to immediately leave a park and not return for the period of days specified in this Section.

C.

Before issuing an exclusion order, the person will be given a verbal or written warning describing the conduct giving rise to the exclusion and a reasonable opportunity to stop the conduct. An exclusion order will not be issued if the person promptly complies with the direction and stops the conduct. A warning is not required before issuing an exclusion order where the behavior, conduct, or activity constitutes one or more of the following:

A felony, misdemeanor, or motor vehicle offense;

Obscene, violent, riotous conduct in violation of Section 17.04.435;

Lighting or maintaining a fire in any park other than in a stove, fire circle, or area designated for such purpose in violation of Section 17.04.590;

Results in property damage estimated to be $1,000 or more;

Dangerous or threatening behavior. Behavior is dangerous or threatening if a reasonable person exposed to or experiencing such behavior could believe that the person would be in imminent danger of physical harm. Actual bodily harm is not required; and

Conduct for which a documented prior exclusion order has been issued and not overturned on appeal.

D.

Written notice of the exclusion order will be provided to any person excluded. The notice will briefly describe the conduct and list the provision of law that is the basis for the exclusion; the date, length, and place of exclusion; a description of the process for filing an appeal; and a warning of the consequences for failure to comply. The exclusion notice shall be signed by the issuing Enforcement Official. The Director or Sheriff may use reasonable discretion to determine multiple park facilities for the exclusion.

E.

The exclusion order will be effective for 30 days, except as stated in paragraph F, during which time the violator may not return to the listed park or park facilities. A second exclusion within a 12-month period will be effective for 90 days. Additional exclusion orders issued within a 12-month period of the second exclusion order will be effective for 180 days. No exclusion order overturned on appeal will be counted.

F.

The duration of the first exclusion shall be 60 days, if one or more of the following occur:

A felony;

Property damage estimated to be $1,000 or more; or

Dangerous or threatening behavior as defined in this Section.

A second exclusion for a person described in this Subsection F within a 12-month period will be effective for 120 days. Additional exclusion orders issued within 12-month period of the second exclusion order for a person described in this Subsection F will be effective for 270 days. No exclusion order overturned on appeal will be counted.

G.

Appeal.

"Hearing Officer" means the person designated by the Director who will conduct a fair and impartial hearing under this Chapter, including, but not limited to, the Office of the County Hearing Officer, if one has been created.

A person issued a notice of exclusion may appeal the notice within five days by filing a written appeal with a Hearing Officer designated by the Director. The written appeal shall include the exclusion notice number, a reason the person should not have been excluded, and a phone number, address or email at which the County may serve the cited individual a response to his or her request. Filing an appeal does not preclude the issuance of an exclusion order for a new violation of this Section.

Upon receipt of a timely and complete notice of appeal, a Hearing Officer will be appointed, and once appointed the Director will forward the notice of appeal and all relevant documents to the Hearing Officer. Upon filing of an appeal, the exclusion order will be stayed. The Hearing Officer will set an administrative hearing as provided by the Hearing Officer's procedures. The hearing shall be de novo. The exclusion order will be upheld if the Hearing Officer determines by a preponderance of evidence that the person committed the act for which the person was excluded, and the exclusion is otherwise in accordance with the law. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. In lieu of personally appearing at an administrative hearing, the cited individual may request that the Hearing Officer decide the matter based on the notice, the written appeal, and any other documentary evidence submitted prior to the hearing date.

The Hearing Officer shall issue a written decision responding to the appeal within 10 business days or as otherwise allowed by the Hearing Officer procedures. The decision of the Hearing Officer shall be final.

H.

The Department, the Sheriff, or other designee shall maintain an accurate database of those persons excluded from parks or park facilities by their respective employees.

I.

Notwithstanding Section 17.04.300.A, a violation of a removal or exclusion order is unlawful and may be charged as a misdemeanor, as provided by Section 1.24.010. Nothing in this Section limits the authority of the County to obtain an injunction prohibiting or restricting park access by any person.

(Ord. 2023-0056 § 1, 2023; Ord. 2012-0030 § 9, 2012; Ord. 11147 § 2, 1975; Ord. 10729 § 2, 1973; Ord. 10309 Art. 2 § 21, 1971.)

Except as specifically provided in this chapter, the Sheriff, Director, or either of their respective designee(s) shall be authorized to enforce the provisions of this chapter.

(Ord. 2012-0030 § 10, 2012: Ord. 10729 § 3, 1973: Ord. 10516 § 1, 1972: Ord. 10309 Art. 2 § 25, 1971.)

Pursuant to Section 5380 of the State Public Resources Code, Senior Lifeguards and Lifeguards I and II of the county department of parks and recreation are authorized to issue citations in accordance with the provisions of Chapter 5c (commencing with Section 853.6), Title 3, Part 2, of the Penal Code for misdemeanor violations of state law and county or city ordinances committed in their presence within Castaic Lake and those certain parks containing park waters, known as Bonelli Park and Santa Fe Dam.

(Ord. 12087, 1980: Ord. 11147 § 3, 1975: Ord. 10729 § 4, 1973: Ord. 10309 Art. 2 § 25.1, 1971.)

A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the county, the Los Angeles County Flood Control District, their officers, employees and agents, for death or injury to persons or damage to property resulting therefrom.

(Ord. 10309 Art. 2 § 27, 1971.)

A.

Any person who, within the incorporated or unincorporated territory of the County on park property owned, controlled, or managed by the County, violates any provisions of this chapter, the conditions of any permit issued pursuant thereto, or any rule or regulation relating to parks and recreation areas, is guilty of an infraction.

B.

Notwithstanding the above provisions, violation of Sections 17.04.435, 17.04.440, insofar as it prohibits the consumption of alcoholic beverages, 17.04.450, 17.04.510, 17.04.520, 17.04.580, 17.04.590, 17.04.620, 17.04.690, 17.04.720, 17.04.800, 17.04.880, 17.04.910, 17.04.920, 17.04.970, 17.04.1120, 17.04.1130, 17.04.1140 and 17.04.1170 of this chapter is a misdemeanor, punishable by a fine of up to $500.00 and/or imprisonment in the County Jail for a period of up to six months.

C.

A repetition or continuation of any violation of any provision of this chapter, or of any order or direction of the director on successive days, constitutes a separate offense for each day during any portion of which such violation is committed, continued or permitted.

(Ord. 2012-0030 § 11, 2012; Ord. 95-0036 § 1, 1995: Ord. 89-0166 § 3, 1989: Ord. 87-0066 § 1, 1987: Ord. 10309 Art. 2 § 26, 1971.)

If any provision of the ordinance codified in this chapter, or the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. 10309 Art. 2 § 22, 1971.)