Marin County Municipal Code Ch. 02.01 Land Use Regulations—general

The rules and regulations contained herein shall be known as "Regulations for Use of Marin County Open Space District Lands" or as "land use regulations" and may be referred to as such. Except as otherwise provided, this title shall apply to all lands owned, maintained or otherwise managed by the Marin County Open Space District.

Any district employee or designee shall have the authority to enforce these regulations and to eject any person acting in violation of these regulations from district lands or otherwise revoke their permit to use district lands.

Pursuant to California Public Resources Code § 5560.1, in addition to the enforcement authority granted by Section 02.01.020 of this code, and in order to protect the property, improvements, and facilities of the lands under district management or belonging to the district, as well as to preserve the peace within district lands, uniformed open space park rangers shall have the authority to issue citations for misdemeanor and infraction violations of state law, county ordinances, and district regulations or ordinances, when the violation is committed within district lands and in the presence of the open space park ranger issuing the citation. The citations shall be issued in accordance with chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. (Added June 3, 1997.)

District lands are open to the public for use in accordance with the provisions of these regulations. Persons using district lands shall comply with all applicable federal, state, county, district and local laws and regulations.

All or any portion of district lands may be closed to the public or have public uses restricted during an emergency or for health, safety, maintenance or open space management purposes.

The district may issue permits and may charge fees for special use of district lands. Charges for permits shall be determined by the board from time-to-time, and may include land use fees and charges for expenses incurred by the district, such as labor, equipment costs, overhead, etc. Permits are not transferable and may be revoked and/or citations may be issued for failure to comply with any provision of the permit or applicable portions of these regulations. Permits must be carried while on district lands and shown upon request to district personnel or otherwise displayed as directed.

(Ord. No. 20, § I, 2018)

Violation of the following regulations is a misdemeanor:

A. Section 02.02.020: Use restrictions;

B. Section 02.02.030: Care of property and facilities;

C. Section 02.02.060: Camping;

D. Sections 02.02.080(e), 02.02.080(f) and 02.02.080(g): Games and miscellaneous activities;

E. Section 02.02.090: Firearms, traps and other weapons;

F. Section 02.02.100: Noise and audio devices;

G. Section 02.02.110(d): Sanitation;

H. Section 02.02.130: Garbage, refuse and trash;

I. Section 02.02.140: Unauthorized structures, encroachments and signs;

J. Section 02.02.160: Commercial activities;

K. Section 02.02.170: Disorderly Conduct;

L. Section 02.02.180: Introduction of organisms;

M. Section 02.03.010: Water resources;

N. Section 02.03.020: Botanical resources;

O. Section 02.03.030: Wildlife and animal resources;

P. Section 02.03.040: Geological resources;

Q. Section 02.03.050: Archeological and historical resources;

R. Section 02.04.010: Motor vehicles;

S. Section 02.06.010: Fires;

T. Section 02.06.020: Fireworks;

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

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

(Ord. No. 20, § I, 2018)

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

The district may impound any animal, property or equipment found to be in violation of these regulations. Items shall be disposed of in accordance with Section 5561.5 of the California Public Resources Code and adopted procedures.

These regulations shall not apply to employees and agents of the district or the county of Marin engaged in and acting within the scope of their authorized duties and responsibilities. The district, at its sole discretion, may grant written exemption to all or any portion of these land use regulations by temporary or special permit, contract or lease; however, exemptions shall be limited to uses consistent with the district's "Open Space Land Management Policy" and the purpose of this code and shall not violate any federal, state or county law.

Appendix A