Marin County Municipal Code Ch. 02.02 Land Use Regulations—visitor Conduct

No person while on district lands shall violate or fail to comply with any provision of federal, state, county or district laws, regulations or posted signs.

No person shall enter any area of district lands closed to the public, nor use any area of district lands for an unauthorized purpose. No person shall remain on or reenter district lands after a district employee or law enforcement official has specifically withdrawn consent to use such lands.

No person shall damage, deface, tamper with or remove any district property or facilities, including but not limited to buildings, signs, gates, locks, chains, fences, equipment, markers, trash receptacles, paving material, utilities or water lines. No person shall construct, install, maintain or improve on district lands any feature or facility, including trails, roads, pathways, signs, gates, fences or other items. (Amended June 3, 1997.)

(Ord. No. 20, § I, 2018)

No group, school, club, or similar organization, whether formally organized or not, shall hold or conduct any activity on district lands with fifteen or more participants without prior written approval of the district. Group use of district lands is subject to conditions and charges.

(Ord. No. 20, § I, 2018)

Parents and guardians shall be responsible for the conduct of their minor children and shall not permit such minor children to do any act on district lands prohibited by these regulations.

No person shall camp overnight or shall possess camping gear within district lands except by written permission from the district. Camping gear includes sleeping bags, tents, or other articles associated with overnight camping.

No school, club, or other organization shall hold meets, events, or practice sessions on district lands without prior written approval of the district. No person shall run, jog, or ride, in such a way as to endanger hikers, equestrians, bicyclists or others using district lands.

(Ord. No. 20, § I, 2018)

Editor's note— Ord. No. 20, § I, adopted Feb. 27, 2018, amended App. A, § 02.02.070 in its entirety to read as herein set out. Former § 02.02.070 pertained to running and jogging.

No person shall engage in games or other activities which are reckless, exceed established speed limits, interfere with others using district lands, or endanger property, public safety or environmental resources. Non-permitted activities include:

A. Participating in volleyball, baseball, softball, soccer, football and other similar organized sports;

B. Participating in bicycle races;

C. Hitting golf balls;

D. Operating self-propelled model airplanes, drones, boats, automobiles or other model craft;

E. Throwing, releasing or discharging missiles, rockets, stones, paintballs or other similar projectiles;

F. Hang-gliding, paragliding or parachuting;

G. Operating or landing aircraft of any nature;

H. Skateboarding, roller skating, in-line skating or any similar activity:

I. Participating in any activity or operating any device in such fashion which interferes with others using district lands or endangers property, public safety or environmental resources.

(Ord. No. 20, § I, 2018)

No person shall possess, use, carry, discharge or cause to be discharged any gun, firearm or weapon while on district lands, including any air or gas weapon, spring gun, spear, bow and arrow, crossbow, sling shot, animal trap, knife with blade over five inches long, explosive or any other form of weapon potentially dangerous to wildlife or human safety. No person shall discharge or cause to be discharged any firearm or weapon onto or across district lands from outside the boundary of district lands.

No person while on district lands shall make or cause to be made any loud, unnecessary or unusual noise which disturbs the peace and quiet within any area within the district or which causes discomfort or annoyance to any reasonable person of normal sensitivity utilizing any facility of the district. No person shall operate or possess any public address system, amplified musical instrument or other noise-producing or transmitting device on district lands.

No person using district lands shall do any of the following:

A. Urinate or defecate, or permit dogs or other domestic animals, including horses, to urinate or defecate, within fifty feet of any entrance to district lands, nor within one hundred feet of any water source, including wells, creeks and streams;

B. Urinate or defecate in public view;

C. Fail to bury human waste to a minimum depth of six inches;

D. Deposit waste water, sewage or effluent from sinks, portable toilets or other fixtures onto district lands or within reservoirs, lakes, streams, waterways or other bodies of water owned, maintained or otherwise managed by the district.

No person shall throw, drop, place, deposit or sweep any object, including, but not limited to, paper, food scraps, bottles, bottle caps, cans, fish or fish parts, soil or rocks onto district lands or into district reservoirs, lakes, streams and waterways, except in trash receptacles. Where trash receptacles are not provided or are full, all such matter shall be carried away from district lands by the person responsible for its presence and properly disposed of elsewhere.

No person shall bring garbage, refuse, trash or yard clippings onto district lands, nor dump or deposit such garbage, refuse, trash or yard clippings on district lands.

No person shall encroach onto property owned by the Marin County Open Space District, including fee property and conservation, open space, agriculture, scenic, trail, or other similar easements held by the district, by erecting, placing, or installing any temporary or permanent obstruction, structure, monument, facility, physical improvement, debris, landscaping, or other vegetation (herein referred to as "encroachment"). When the existence of the encroachment is undisputed, as confirmed in writing by the encroaching party (the person responsible for the encroachment or his/her successor in interest), or indisputable, as established by a survey performed by a licensed surveyor, or other evidence, the district may use the following procedures to address the encroachment.

A. The district may remove, demolish, and impound any encroachment for which the encroaching party is not known or identified.

B. The district may take appropriate actions to stop any encroachment that is in the process of being installed, regardless of whether the encroaching party is known or identified. Nothing in this section will prevent the district from seeking injunctive relief to stop the ongoing construction of an encroachment or require the district to wait thirty days before seeking injunctive relief to stop the ongoing construction of an encroachment.

C. The district may remove, demolish, and impound any encroachment for which the encroaching party is known or identified, thirty days after providing the encroaching party with written notice of the encroachment including a demand to remove it.

D. The district may take immediate action to remove, demolish, and impound an encroachment that presents an immediate threat to persons or property whether the encroaching party is known or not, as established by The district general manager or his or her designee.

E. The encroaching party shall be liable to pay the total cost borne by the district of resolving the encroachment, including, but not limited to, surveys, enforcement, removal, demolition, disposal, restoration, and storage.

F. The encroaching party may be liable for a civil penalty not to exceed two thousand five hundred dollars for each violation. After the encroaching party has been given a written notice of the encroachment including a demand to remove it, it shall be a separate violation for each and every day during any portion of which the encroaching party knowingly continues the encroachment or knowingly commits or permits additional acts constituting a violation of this provision.

G. The district may record a lien or other notice against any property if the encroaching party fails to reimburse the district for costs associated with resolution of the encroachment or to pay any civil penalties within sixty days of the district's demand.

H. The district may, but shall not be required to, employ the nuisance abatement procedures set forth in the Marin County Code, chapter 1.05, as discussed in Section 01.01.070 of this code, with regard to unauthorized structures, encroachments, and signs on district land.

I. It is the intention of this section to authorize the district to remove encroachments as allowed under California Civil Code Section 3502.

(Ord. No. 20, § I, 2018)

No person shall abandon or leave unattended or without permission any personal property or device on district lands for a period longer than twelve hours. Any property or device so abandoned or unattended may be impounded and disposed of in accordance with Section 5561.5 of the California Public Resources Code and adopted procedures.

No person shall do any of the following on district lands:

A. Sell, hawk, or otherwise peddle any goods, merchandise or services;

B. Station or place any stand, cart or vehicle for display of goods, merchandise or services;

C. Distribute, circulate or post any handbill, pamphlet or other advertisement regarding sale of goods, merchandise or services;

D. Conduct any commercial photography or activity related to commercial photography except by written permission from the district;

E. Conduct any activity of a commercial nature except by written permission from the district;

F. Violate or fail to follow a condition of a commercial use permit.

(Ord. No. 20, § I, 2018)

No person shall do any of the following on district lands:

A. Harass or otherwise disturb others using district land;

B. Accost another person for the purpose of begging or soliciting;

C. Be under the influence of intoxicating liquor or dangerous drugs in such a condition that the individual is unable to exercise care for their own safety or the safety of others;

D. Engage in loud or disturbing conduct or any act tending to a breach of the peace.

In addition, no person shall do any thing defined as "Disorderly Conduct" as outlined in Section 647 of the California Penal Code.

No person shall introduce, cause to be introduced or otherwise disperse on district lands any organism, living or dead, including native or non-native plants, animals, fish, insects or bacteria.

Appendix A