Mariposa County Municipal Code Title 12 Streets, Sidewalks And Other Public Property

Title 12 Streets, Sidewalks And Other Public Property

A person shall not loiter or stand in or upon any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such manner as to obstruct or unreasonably interfere with the free passage of pedestrians.

HISTORY

Adopted by Ord. 413 Sec. 1 on 12/16/1975 12.08.020 Sitting Or Lying On Public Thoroughfares Prohibited-Exceptions.

1. A person shall not sit, lie or sleep in or upon any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel.

2. The provisions of this section do not prohibit a person from sitting upon a public highway, alley, sidewalk, or crosswalk or other public way open for pedestrian travel if:

   1. Necessitated by the physical disability of such person; or

   2. Viewing a legally conducted parade; or

   3. On a bench lawfully installed for such purpose.

HISTORY

Adopted by Ord. 413 Sec. 2 on 12/16/1975

Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of an infraction.

1. For purposes of this section the word "willfully" when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

2. For purposes of this section the word "maliciously" imports a wish to vex, annoy, or injure another person, or intent to do a wrongful act, established either by proof or presumption of law.

HISTORY

Adopted by Ord. 413 Sec. 3 on 12/16/1975 Amended by Ord. 960 Sec. I on 1/23/2001 12.08.040 Violation--Penalty

Violation of this chapter shall constitute an infraction and shall be punishable under Chapter 1.20, the general penalty provisions, of this code.

HISTORY

Adopted by Ord. 413 Sec. 6 on 12/16/1975 Amended by Ord. 469 Sec. B(1) on 11/15/1977 12.12 Underground Utility Districts 12.12.010 Definitions

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

1. "Commission" means the Public Utilities Commission of the state.

2. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

3. "Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

4. "Underground utility district" or "district" means that area in the county within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of section 12.12.040.

5. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

HISTORY

Adopted by Ord. 333 Sec. 1 on 12/8/1970 12.12.020 Public Hearing By Board Of Supervisors

The board of supervisors may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the county and the underground installation of wires and facilities for supplying electric communication, or similar or associated service. The county clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least fifteen days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the board of supervisors shall be final and conclusive.

HISTORY

Adopted by Ord. 333 Sec. 2 on 12/8/1970 Amended by Ord. 469 Sec. B(54) on 11/15/1977 12.12.030 Initiation Of Proceedings

In order to initiate proceedings under this chapter, the board shall determine that the county or public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of users' connections to underground electric or communication facilities.

HISTORY

Adopted by Ord. 333 Sec. 2.5 on 12/8/1970 Amended by Ord. 469 Sec. B(54) on 11/15/1977

If, after any such public hearing, the board of supervisors finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the board of supervisors shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

HISTORY

Adopted by Ord. 333 Sec. 3 on 12/8/1970

Whenever the board of supervisors creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in section 12.12.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in section 12.12.100, and for such reasonable time required to remove such facilities after the work has been performed , and except as otherwise provided in this chapter.

HISTORY

Adopted by Ord. 333 Sec.4 on 12/8/1970 12.12.060 Overhead Facilities Permitted When

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten days without authority of the board of supervisors in order to provide emergency service. The board may grant special permission, on such terms as the board may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

HISTORY

Adopted by Ord. 333 Sec.5 on 12/8/1970 12.12.070 Types Of Facilities Excepted From Chapter Provisions

This chapter and any resolution adopted pursuant to section 12.12.040 shall, unless otherwise provided in such resolution, not apply to the following types of facilities;

1. Any governmental facilities or equipment installed under the supervision and to the satisfaction of the county engineer;

2. Poles or electroliers used exclusively for street lighting;

3. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are no prohibited;

4. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

5. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

6. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

7. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestalmounted terminal boxes and meter cabinets, and concealed ducts;

8. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

HISTORY

Adopted by Ord. 333 Sec. 6 on 12/8/1970

1. Within ten days after the effective date of a resolution adopted pursuant to section 12.12.040, the county clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The county clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the line of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

2. Notification by the county clerk shall be made by mailing a copy of the resolution adopted pursuant to section 12.12.040, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

HISTORY

Adopted by Ord. 333 Sec. 7 on 12/8/1970 12.12.090 Responsibility Of Utility Companies

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 12.12.040, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.

HISTORY

Adopted by Ord. 333 Sec. 8 on 12/8/1970 12.12.100 Responsibility Of Property Owners

1. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in section 12.12.090 and the termination facility on or within the building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

2. In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to section 12.12.040, the county engineer shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.

HISTORY

Adopted by Ord. 333 Sec. 9 on 12/8/1970 12.12.110 Responsibility Of County

The county shall remove at its own expense all county-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to section 12.12.040. .

HISTORY

Adopted by Ord. 333 Sec. 10 on 12/8/1970 12.12.120 Extension Of Time For Accomplishing Act

In the event that any act required by this chapter or by a resolution adopted pursuant to section 12.12.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

HISTORY

Adopted by Ord. 333 Sec. 11 on 12/8/1970 12.12.130 Violation--Penalty

Violation of any provision of this chapter shall constitute an infraction and shall be punishable under Chapter 1.20, the general penalty provisions, of this code.

HISTORY

Adopted by Ord. 333 Sec. 12 on 12/8/1970 Amended by Ord. 431 Sec. 2 (part) on 9/14/1976 Amended by Ord. 469 Sec. B(9) (part) on 11/15/1977 12.16 Recreation Areas 12.16.010 Definitions

1. As used in this chapter unless otherwise apparent from the context:

   1. Words used in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural, the singular.

   2. “Aquaplane” means any device used for transportation of one or more persons upon the surface of the water and which is pulled or towed by any boat, vehicle or other motive power.

   3. “Boat” means any vessel or device, except an aquaplane, in or upon which persons or property may be transported upon, under and over the surface of the water.

   4. “District” means the Merced irrigation district, an irrigation district organized and existing under and by virtue of the laws of the state.

   5. “Lake”, “Lake McClure Recreation Area” and “Lake McSwain Recreation Area” mean all that property as delineated on those certain maps designated as “Exhibit K,” Federal Power Commission License No. 2179 and filed in the offices of the Merced irrigation district, together with the water surfaces of Lake McClure and Lake McSwain.

   6. “Parks Manager” means the parks manager appointed by the district and shall include such assistants, deputies, and subordinates of the parks manager as he may have specifically authorized in writing as having power to exercise all or certain designated functions under this chapter.

   7. “Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, including devices moved by human power.

   8. “Pet” means any domestic animal, especially a mammal, such as dogs, cats, horses, etc.

   9. “Dredge” means any mechanized equipment which may be used for mining.

   10. “Nighttime” is from sunset to sunrise. (As published in local newspapers.

2. Section headings, when contained in this chapter, shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 Amended by Ord. 747 Sec. 1 (part) on 6/20/1989 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.16.015 Police Protection And Enforcement Of Regulations

1. The county of Mariposa shall provide, through the sheriff’s department, police protection and service to enforce state and federal laws and county rules and regulations as the same come within the knowledge and notice of the members of the sheriff’s department.

   1. The Mariposa County sheriff’s department or parks manager shall have the authority to close the lake to all usage at their discretion during hazardous and unusual weather conditions.

2. The district shall have the authority to designate park rangers who shall have limited authority to issue citations for violations of the provision of this chapter.

   1. All such rangers shall have law enforcement training which shall, at a minimum, meet the level II reserve requirements as described in the training standards of the California commission on peace officers standards and training.

3. The Mariposa County sheriff’s department and the district shall enter into a written memorandum of understanding which shall establish procedures for the issuance of citations by district park rangers and other maters related to the functions and responsibilities of the district and rangers to the functions and responsibilities of the district and rangers appointed pursuant to this chapter.

   1. Said memorandum of understanding shall be reviewed and updated each three years or as needed.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 Amended by Ord. 747 Sec.4 on 6/20/1989 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.16.020 Permit--Required

1. No person shall enter the Lake McClure or Lake McSwain recreation area, operate any boat, dredge, or vehicle therein, or camp or picnic therein, participate in any airborne activity, or bring a pet, without first having obtained from the district, directly or by self-registration, a permit to do so and paying therefore any fee established from time to time by the board of directors of the district. Failure to obtain a permit before entry shall result in a citation. Unless defined in a permit or special use agreement with the district, access shall only be permitted through designated entrance stations. This section shall also apply to pedestrians and equestrians. This section shall not apply to exclusive non-motorized access on the trail from Briceberg to Bagby.

2. The permit may be revoked by the district at any time without refund for any violation of this chapter and state law.

3. No person shall leave the Lake McClure recreation area or the Lake McSwain recreation area without exhibiting, if so required by any authorized employee of the district, evidence of payment of the required fees.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 Amended by Ord. 747 Sec. 2 on 6/20/1989 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.16.030 Lake Use Regulations

No person shall, within the Lake McClure recreation area or the Lake McSwain recreation area:

1. Operate any boat equipped with a sink, fixed shower or toilet unless such devices are connected to a properly self-contained system acceptable to the district.

2. Launch, moor or beach any boat, houseboat, dredge, or equipment except in designated areas. Nor shall such activity be undertaken in such a manner as to block or restrict access, including coves or channels. Boats left unattended in areas not designated, or in any other areas without permission, or improperly moored, may be cited and/or towed away and stored by the district. All towing shall conform to the requirements of the California vehicle code.

3. Operate any boat while towing or carrying passengers for hire, or rent or lease any boat for hire, without authorization by the district.

4. Operate any boat or aquaplane in any pattern except a counter-clockwise pattern or operate any boat except to the right of the center of the lake channels.

5. Operate a boat or aquaplane except in compliance with the language or symbols on all regulatory buoys or markers.

6. Climb on, mutilate, tie any object to or in any other way harm, disturb or remove any buoy or marker.

7. Engage in boat races or fix or utilize slalom courses without special permission of the district and the county sheriff’s office; special permission may include provisions, the non-compliance with which shall be grounds for relocation of the permit without refund.

8. Sleep overnight in any boat except with the written permission of the district. No such permission shall be granted unless such boats are equipped with an approved toilet.

9. Swim, float or use any air mattress, innertube, or nonmotorized raft further than one hundred feet from the shoreline, except while engaging in aquaplaning.

10. Use any hard or sharp objects while swimming or floating in the designated areas.

11. Land any airplane except in an emergency and except as set forth in this chapter.

12. Pull any airborne kite, parachute or hangglider, except as set forth in this chapter.

13. During daylight hours, operate a boat or aquaplane at a speed in excess of a posted speed limit; during nighttime, operate any boat or aquaplane at a speed in excess of ten miles per hour.

14. Transport or dispense fuel or toxic materials in containers not approved by the department of transportation, or in systems not approved by the state fire marshall.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 Amended by Ord. 599 Sec. 2 on 5/17/1983 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.16.035 Airborne Activity Regulation

Except as set forth herein, no person shall operate a parakite, parasail, hangglider, and ultralite or other aircraft within the Lake McClure recreation area or the Lake McSwain recreation area:

1. Parakite and parasail activities are permitted in all areas except: the channel from hunter’s point to the headwaters of Lake McClure, or any water course area less than 300 feet in width; and except as prohibited by regulatory buoys.

2. Hangglider activities are permitted only under the provisions of a special use permit issued by the district prior to such activity.

3. All of the activities described herein are permitted only during daylight hours, and must be terminated at any time when so instructed by law enforcement officers.

4. All group activities and races involving the activities described in this section require an assembly permit, which must be applied for at the sheriff’s office 30 days prior to the event.

5. Violation of the areas and activity regulations as set forth herein shall result in the impounding of the craft in violations and/or the issuance of a citation to the violator. serious offenses and activities creating danger to other persons may result in the arrest of the violator.

6. Fees must be paid to the district by persons participating in airborne activities.

HISTORY

Adopted by Ord. 599 Sec. 1 on 5/17/1983 Amended by Ord. 747 Sec. 3 on 6/20/1989 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.16.040 Vehicle Use Regulations

No person shall within the Lake McClure recreation area or the Lake McSwain recreation area:

1. Operate any vehicle at a speed in excess of the limit posted by the district or in violation of the California Vehicle Code or local ordinances, or operate any vehicle except upon district roads and parking lots unless otherwise approved by the district.

2. Park and leave unattended, any vehicle in areas other than those designated for parking; vehicles left unattended in areas not so designated or in any other areas without permission, may be cited and/or towed away and stored by the sheriff’s department or the district and the removal and storage costs shall be charged to and paid by the owner prior to release; violation of these parking provisions shall be punishable as an infraction. All towing shall conform to the requirements of the California Vehicle Code.

3. Operate any motor vehicle without a muffler system conforming to the provisions of the California Vehicle Code.

4. Operate an unlicensed vehicle unless otherwise approved by the district.

5. Operate skateboards, skates, or similar devices of this type.

6. “Cruise” or drive a vehicle repeatedly through the same area.

   • Note: California Vehicle Code addresses driving with open containers, motorcycle helmets, bicycle lights/helmets, passengers riding in the back of pickups, towed boats, etc.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 Amended by Ord. 599 Sec. 3 on 5/17/1983 Amended by Ord. 747 Sec.4 on 6/20/1989 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.16.045 Yield Right-Of-Way To Emergency Vessel

Upon the immediate approach of an authorized emergency vessel sounding a siren and having at least one lighted lamp exhibiting blue/red light, to the front of such vessel, except as otherwise directed by a law enforcement officer:

1. The driver of every other vessel shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right hand side of any channel, river or lake and thereupon stop and remain in such position until the authorized emergency vessel has passed.

2. All swimmers, bathers and divers upon the waters, shall remain in a place of safety or proceed to the nearest land or place of safety until the authorized emergency vessel has passed.

3. This ordinance shall apply to, but not be limited to, all sailboats, motorboats, windsailers, surface boards, rubber boats, houseboats, sail kites, ultralite craft, all types of jet skis and bikes, and all floating devices using the water and or waterways of Mariposa county.

4. Every person who willfully disregards or otherwise fails to yield right-of-way to an emergency vessel exhibiting at least one lighted blue/red light, and sounding a siren, is guilty of a misdemeanor.

HISTORY

Adopted by Ord. 599 Sec. 3 on 5/17/1983 12.16.046 Evading A Peace Officer

Every person who, while operating a vessel of any type or class, willfully disregards a siren and at least one lighted lamp exhibiting a blue/red light emanating from a vessel which is distinctively marked and operated by a peace officer wearing a distinctive uniform, and who does so with intent to evade the officer, and who flees or otherwise attempts to elude a pursuing peace officer’s vessel, is guilty of a misdemeanor. This ordinance shall apply to, but not be limited to, swimmers, bathers, divers, sailboats, motorboats, windsailers, surface boards, rubber boats, houseboats, sailkites, ultralite craft, all types of jet skis and bikes, and all floating or motor driven devices using the waterways of Mariposa county.

HISTORY

Adopted by Ord. 599 Sec.4 on 5/17/1983 12.16.050 Camping And Picnicking Regulations

No person shall, within the Lake McClure recreation area or the Lake McSwain recreation area:

1. Camp or picnic, except in designated sites, and then only with a permit from the district. A campsite is considered occupied when it has been reserved or is being used for purposes of camping by a person or persons who have paid the appropriate fee within the applicable time limits and the campsite is officially designated, either at the campsite or entrance station.

2. Permit the occupancy of a campsite or pad overnight with more than eight occupants and two motor vehicles without district approval.

3. Camp or occupy a campsite or pad for more than fourteen consecutive days without special permission from the district.

4. Quiet time will be enforced from eleven p.m. to seven a.m. This applies to loud parties, generators and other activities distracting to neighboring campers, residents, or houseboaters. Additionally, during non-nighttime hours, public disturbance, excessive noise, loud and/or offensive behavior, etc. is prohibited.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.16.060 Prohibited Acts

No person shall, without permission of the district, within the Lake McClure recreation area or Lake McSwain recreation area:

1. Pick flowers, foliage, berries or fruit, or cut, break, climb, dig up or in any way, mutilate or injure any tree, shrub, plant fern, grass, turf, fence, rock, structure or any other object.

2. Cut, carve, paint, mark, paste or fasten to any tree, fence, wall, building, monument or other object any bill, sign, advertisement or inscription, especially when such action would destroy or deface property, real or personal, owned or controlled by the county or district or would otherwise be contrary to the public health, safety, morals or general welfare.

3. Dig up or remove any dirt, stones, rocks or other substances whatever, make any excavation, quarry any stone, or lay or set off any blast or cause or assist in doing any of said things.

4. Molest, injure or kill any bird or mammal, or disturb its habitat.

5. Despoil, place or leave any broken glass, ashes, wastepaper, cans or other rubbish or polluted matter except in a receptacle provided for that purpose; scavenge, import and deposit any litter or household refuse.

6. Possess, discharge or set off, over, onto, from, or through the recreation area any firearms, firecrackers, torpedoes, rockets, or other explosives or fireworks.

7. Permit or allow any domestic animal to be within the Lake McClure recreation area or the Lake McSwain recreation area unless same are at all times under the immediate, actual and physical control of the owner or person having custody of the animal. Animals shall be on a leash no longer than 6 feet in length. Animals are not allowed on marinas, picnic areas, beaches or in swimming or houseboat repair areas. No person shall keep a noisy, vicious, or dangerous dog or animal or one which is disturbing to other persons, in any area and remain therein after being asked by a peace officer or park ranger to leave. Animal’s owners are responsible for the pickup and removal and disposal of animal waste. Ride, herd or allow to roam at will, any pets, domestic animals or livestock in restricted areas.

8. Engage in soliciting, posting, selling or peddling any goods or services or distribute any circulars which would endanger or violate the public health, safety, morals or general welfare.

9. Fish or swim within fifty feet of a marina or boat launching dock. No swimming or loitering will be allowed at swimming lagoons between dusk and sunrise.

10. All those under eighteen years of age must be in their campsites from eleven p.m. to seven a.m. unless accompanied by a responsible adult. No persons under the age of eighteen years of age will be permitted to camp or stay overnight unless accompanied by a responsible adult. The district may from time to time by order declare curfew in any area or portion thereof upon a finding that conditions therein are such as to warrant special measures for the safety and/or welfare of the general public.

11. Open fires are prohibited unless authorized by park manager.

12. Operate a dredge for mining purpose without a valid permit issued by the department of fish and game and district.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 Amended by Ord. 747 Sec.5 (part) on 6/20/1989 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.16.080 White Water Regulations

1. It is unlawful for any person to traverse the waters within the county on an inner tube, air mattress or any other device capable of transporting a person on the water without wearing a coast guard-approved wearable type I, II, or III personal floatation device; provided, however, that this section shall not apply if state law or administrative regulations otherwise required the carrying or exempts the carrying on board of the device in question or other personal floatation devices.

2. This section shall not apply from August 1 through December 1 of any year, subject to the further condition of “low river water” during said period of time.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 12.16.090 Closure Of County Parks

All Mariposa county parks shall be closed to the public during the months of October through March 10:00 p.m. until 8:00 a.m., during the months of April through September from 11:00 p.m. until 7:00 a.m.

HISTORY

Adopted by Ord. 666 Sec. 2 on 8/26/1986

It shall be unlawful for any person, business, association, or any other legal entity to sell any alcoholic beverage on real property owned by the county of Mariposa or on real property leased by the county of Mariposa, unless the person, business, association, or any other legal entity provides general liability insurance, with sale of liquor coverage, satisfactory to county, naming the county as an additional insured, in a minimum amount of five hundred thousand dollars ($500,000). The activity to be conducted, and the insurance policy must be approved by the board of supervisors prior to the event taking place. Prior to approval by the board of supervisors the applicant must provide proof of a temporary license from the state of California permitting the sale of alcoholic beverages. There shall be no liquor sold at any youth event held on county property or property leased by the county.

This section shall not permit liquor to be sold or consumed at any county approved event at the masonic lodge in Mariposa.

HISTORY

Adopted by Ord. 705 Sec. 1 on 3/22/1988

1. No person shall camp or park any vehicle overnight upon the roadbed, and/or shoulders of the road, or associated pullouts along the Merced river access road between Briceburg, California, Mariposa county, and McCabe Flats campground on land administered by the Bureau of Land Management.

2. No person shall camp or stay overnight on the upslope side of the Merced river access road, down stream from Briceburg, on lands administered by the Bureau of Land Management, except in a campground designated by the Bureau of Land Management.

3. No person shall discharge a firearm or ignite any type of fireworks within ½ mile of the center of the Merced river on lands administered by the Bureau of Land Management.

4. Camping is limited to 14 days within any 90-day period on bureau land.

HISTORY

Adopted by Ord. 707 Sec. 2 on 5/10/1988 12.16.120 Violation--Penalty

Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter is guilty of an infraction and, upon conviction thereof, shall be punishable by a fine of not more than two hundred-fifty dollars. This section shall not apply to misdemeanor and/or felony violations of the California Penal Code which take place at the Lake McClure and/or Lake McSwain recreation areas. This section shall be subject to the application of California Penal Code sections 19.6 and 19.8.

HISTORY

Adopted by Ord. 502 Sec. 2 (part) on 3/20/1979 Amended by Ord. 599 Sec. 6 on 5/17/1983 Amended by Ord. 666 Sec. I on 8/26/1986 Amended by Ord. 948 Sec. 1 on 5/18/2000 12.20 Signs Prohibited On County Property 12.20.010 Signs Prohibited On County Property 12.20.020 Removal Of Prohibited Signs--At Owners Expense 12.20.030 Violation--Penalty

No person or entity shall place in, under or over any portion of real property owned or leased by the county of Mariposa nor shall any person or entity place in, under or over any portion of a county road or any portion of any road which is maintained by the county any sign of any nature or size without prior board approval. This section shall not in any way restrict the county of Mariposa from placing signs on county property including county roadways and roadways maintained by the county.

HISTORY

Adopted by Ord. 775 Sec. 1 on 6/19/1990 Amended by Ord. 1030 Sec. I on 11/28/2006 12.20.020 Removal Of Prohibited Signs--At Owners Expense

Should any signs be placed in, under or over county property as described in the above section, the signs shall be removed by the county at the owners expense.

HISTORY

Adopted by Ord. 775 Sec. 1 on 6/19/1990 12.20.030 Violation--Penalty

Violation of any provision of this chapter shall constitute an infraction and shall be punishable under Chapter 1.20 of the general penalty provisions of this code.

HISTORY

Adopted by Ord. 775 Sec. 1 on 6/19/1990