Marin County Municipal Code Ch. 01.01 General Provisions

This document shall be known as "Marin County Open Space District Code" and may be referred to as such. This code shall apply to management and administration of Marin County Open Space District, including use and protection of lands owned, maintained or otherwise managed by the district.

This code is adopted to assure appropriate management and administration of Marin County Open Space District, as well as to assure stewardship and protection of lands owned or managed by Marin County Open Space District in a form consistent with criteria set forth in the district's "Open Space Land Management Policy" and "Open Space Acquisition and Preservation Policy."

The rules and regulations enacted in this code are authorized by Article 3, Division 5, Section 5500 et seq. of the Public Resources Code of the state of California.

A. "Board" means the board of directors of the Marin County Open Space District.

B. "District", as referred to in this code, means the Marin County Open Space District, and includes all lands, waters and other facilities owned, maintained, or otherwise managed by the Marin County Open Space District.

C. "General Manager" means the general manager of Marin County Open Space District.

D. "Open Space", as referred to in this code, means an area of natural landscape essentially undeveloped, such as ridges, streams, hillsides, canyons, natural shorelines, marshes, scenic buffer areas and areas of agricultural land owned, maintained or otherwise managed by the Marin County Open Space District.

E. "Permission" as referred to in this code means written permission granted by an authorized representative of the Marin County Open Space District.

F. "Person" as referred to in this code means any natural person, firm, corporation, club, municipality, district or public agency, and all associations or combinations of persons whenever acting for themselves or any agent, servant or employee.

G. "System roads" and "system trails" as referred to in this code means roads and trails that have been recognized and adopted by the district and are indicated as such on current official district preserve maps.

(Ord. No. 20, § I, 2018)

From time-to-time, the board may promulgate rules and regulations pertaining to the district and, by resolution, adopt an "Open Space Land Management Policy." All persons entering upon district lands shall comply with applicable federal, state, county, district and local laws and regulations. It shall be the duty of the general manager to publish, post and enforce all such regularly adopted rules and regulations.

The provisions of the ordinance are hereby declared to be severable. If any chapter, section, sub-section, paragraph, subparagraph, sentence, or clause of this code is for any reason held to be invalid or unconstitutional, the board of directors declares that this code, including each chapter, section, sub-section, paragraph, sentence and clause, would have been adopted regardless of any findings of invalidity or unconstitutionality.

The Board herby establishes the following procedures for abatement of nuisances on open space lands.

A. Upon determination that a public nuisance exists upon lands owned, maintained, or otherwise managed by the Marin County Open Space District, within the county of Marin, the board of directors (board) may, but shall not be required to, employ the nuisance abatement procedures set forth in the Marin County Code, chapter 1.05.

The provisions of this section shall be applicable to any nuisance existing on district lands as defined by any ordinance of the district, resolution of the board, or statutes of the state of California. A nuisance shall further include any unauthorized obstruction, structure, monument, facility, physical improvement, or encroachment for which the owners are known and identified. Any unauthorized obstruction, structure, monument, facility, physical improvement or encroachment which is in the process of being installed or for which the owners are unknown shall be treated as outlined in Section 02.02.140 of this code, and shall be subject to removal without abatement proceedings.

(Ord. No. 20, § I, 2018)

Editor's note— Ord. No. 20, § I, adopted Feb. 27, 2018, amended App. A, § 01.01.070 in its entirety to read as herein set out. Former § 01.01.070 pertained to abatement of public nuisances.

No public roadways shall be established for regular and continuous vehicle use across district lands. If roadways are deemed necessary, their establishment shall require transfer of the district's interest in roadway-related lands from open space purposes. Such transfer is subject to the provisions of the California Public Resources Code.