Marin County Municipal Code Ch. 10.01 General

This document shall be known as "Marin County Parks Code" and may be referred to as such. This code shall apply to management and administration of the Marin County department of parks and open space and the use of county parks as defined in section 10.01.030. This code does not apply to lands and facilities operated by the Marin County open space district as the use of these lands and facilities is governed by the Marin County open space district code.

(Ord. 3418 § 2 (part), 2004)

This code is adopted to assure appropriate management and administration of the Marin County department of parks and open space.

(Ord. 3418 § 2 (part), 2004)

As used in this title:

A. "Board" means the board of supervisors of the county of Marin.

B. "Board of directors" means the board of directors of the Marin County open space district.

C. "Commission" means the Marin County parks and open space commission.

D. "Department" means the Marin County department of parks and open space.

E. "Director" means the director of the Marin County department of parks and open space and the general manager of the Marin County open space district.

F. "Open space" means open space lands as defined in section 1.01.040 of the Marin County open space district code.

G. "Parks" as referred to in this code means any park, playground, bicycle and multi-use path, recreation center or any other area or facility owned or managed by the county and devoted to active or passive recreation.

H. "Permission" as referred to in this code means written permission granted by an authorized representative of the Marin County department of parks and open space.

I. "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.

(Ord. 3418 § 2 (part), 2004)

From time-to-time, the board may promulgate rules and regulations pertaining to parks, and, by resolution, adopt such policies as it sees fit to ensure appropriate management and administration of the department. All persons entering upon parks shall comply with applicable federal, state, county and local laws and regulations and with posted signs.

(Ord. 3418 § 2 (part), 2004)

Any authorized department employee or designee or any peace officer shall have the authority to enforce these regulations and to eject any person acting in violation of these regulations from lands or facilities managed by parks or otherwise revoke their permission to use such lands or facilities.

(Ord. 3418 § 2 (part), 2004)

Parks are open to the public for use during daylight hours, or as otherwise permitted, in accordance with the provisions of these regulations.

(Ord. 3418 § 2 (part), 2004)

Parks may be closed to the public or have public uses restricted during an emergency or for health, safety, maintenance, or management purposes.

(Ord. 3418 § 2 (part), 2004)

The department may issue permits and licenses and may charge fees for use of parks. Charges for permits, licenses and fees shall be determined by resolution of the board from time-to-time, and may include admission fees, parking fees, park use fees, facility use fees, and charges for expenses incurred by the department, such as labor, equipment costs, overhead, etc. Permits are not transferable and may be revoked for failure to comply with any provision of the permit or applicable portions of these regulations. When issued, permits must be carried as directed at all times when using parks.

(Ord. 3418 § 2 (part), 2004)

Violation of the following regulations is a misdemeanor:

A. Section 10.03.020, remaining on or reentering park lands after consent has been withdrawn;

B. Section 10.03.030, damaging park property;

C. Section 10.03.050, misconduct of minor children;

D. Section 10.03.060, participating in miscellaneous activities;

E. Section 10.03.070, use, possession or discharge of firearms, traps and other weapons;

F. Section 10.03.080 noise disturbance;

G. Section 10.03.120, dumping of garbage, refuse and trash;

H. Section 10.03.130, structures, encroachments and signs;

I. Section 10.03.140, abandoned and unattended property;

J. Section 10.03.150, commercial activities;

K. Section 10.03.160, disorderly conduct;

L. Section 10.03.170, alcoholic beverages;

M. Section 10.03.180, introduction of organisms;

N. Sections 10.04.010, 10.04.020, 10.04.030, 10.04.040 and 10.04.050, damaging park resources;

O. Section 10.06.030, animals at large;

P. Section 10.08.010, creation of fire hazards, and Section 10.08.020, possession or discharge of fireworks;

Q. Continuing to use park lands in an illegal manner once a park employee, designee or law enforcement official has directed that such an activity be stopped.

Violation of any park regulation not mentioned in this section is an infraction.

(Ord. 3418 § 2 (part), 2004)

Any violation of these regulations occurring on more than one calendar day shall constitute a separate offense.

(Ord. 3418 § 2 (part), 2004)

The department may impound any animal, property or equipment found to be in violation of these regulations. Items shall be disposed of in accordance with law.

(Ord. 3418 § 2 (part), 2004)

These regulations shall not apply to employees and agents of the department or the county of Marin engaged in and acting within the scope of their authorized duties and responsibilities. The department, at its sole discretion, may grant written exemption to all or any portion of these regulations by temporary or special permit, license, contract, lease, etc.; however, exemptions shall be limited to uses that do not violate any federal or state law.

(Ord. 3418 § 2 (part), 2004)

There shall be a nonreverting parks fund to serve as a depository for all moneys received for park purposes from the proceeds of gifts, legacies or bequests, and all moneys derived by the county from fees for parks and recreational services.

(Ord. 3418 § 2 (part), 2004)

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

(Ord. 3418 § (part), 2004)