Mendocino County Municipal Code Ch. 14.28 Use of County Parks

This Chapter is enacted for the purpose of establishing general regulations governing the use of County parks by members of the public. County parks should be readily accessible and available to residents and the public at large. County parks should be reserved for lawful use. The unauthorized use of County parks for camping purposes or storage of personal property interferes with the rights of others to use County parks for their intended purpose. Such activity frequently lacks adequate provision for fire safety, sanitation, and refuse disposal and therefore constitutes a public health and safety hazard and adversely impacts the environment. The purpose of this Chapter is to maintain County parks in a clean, sanitary and accessible condition, and to adequately protect the health, safety and public welfare of the community. Nothing in this Chapter is intended to interfere with the otherwise lawful and ordinary use of County parks or to supersede other County ordinances regulating the use of County parks, including, but not limited to, Chapters 14.04, 14.08, 14.16 and 14.20 of this Code.

This Chapter also authorizes the Mendocino County Chief Executive Officer or his/her authorized representative to provide sanitary facilities in County parks and on other real property.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

For the purposes of this Chapter, the following definitions shall apply:

(A) "Camp facilities" means tents, tent-like shelters, tarpaulins, huts, or temporary or permanent structures, when placed on public or private property for the purpose of camping or when used on public or private property to camp. Camp facilities also include recreational or motor vehicles used as camp facilities..

(B) "Camp paraphernalia" means bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, tents, hammocks, mattresses, sleeping pads, portable stoves, barbecues, grills, cooking pots, or similar equipment when placed on public or private property for the purpose of camping or when used to camp. Camp paraphernalia also includes other personal effects and property, when used or stored with camp paraphernalia as described herein.

(C) "Camping" or "to camp" means the establishment, occupation, operation or maintenance of a camp site and/or the activity of living temporarily in the outdoors, on public or private property, either in the open air or using camp facilities and camp paraphernalia, including the erecting, placement, pitching, storing or using, as applicable, of camp facilities or camp paraphernalia for such purposes.

(D) "Firearm" means any item defined by Section 12001 of the California Penal Code or any rifle, shotgun, BB gun, air gun, pellet gun, cannon, or any other weapon of similar nature designed to be used as a weapon, from which is expelled projectile by the force of any explosion or other form of combustion.

(E) "Park" means any real property owned or leased or otherwise controlled by the County of Mendocino and which may legally be used for public recreation purposes, including camping. The term "park" is interchangeably used herein with the term "County park."

(F) "Park Authority" means the Mendocino County Chief Executive Officer or his/her authorized representative.

(G) "Private property" means real property that is not public property, including, but not limited to, streets, sidewalks, roads, and improved or unimproved land.

(H) "Public property" means all real property owned, controlled, or managed by the County of Mendocino including, but not limited to, improved or unimproved land, roads, streets, sidewalks, and alleyways. "Public property" shall also include property owned by the State of California to the extent the State has provided its express or implied consent to the County's exercise of jurisdiction or has failed to effectively regulate the use of its property.

(I) "Recreational Vehicle" means any vehicle as defined in Health and Safety Code Sections 18009.3 and 18010 which is a vehicle other than a motor vehicle, used for human habitation and for carrying persons or property on its structure and which can be drawn by a motor vehicle. "Trailer" includes such vehicles commonly referred to as travel trailer, motor home, campers, park trailer, and used for travel, recreational or seasonal use.

(J) "Sanitary facility" means a toilet or other facility designed for the collection of human waste and refers to both "chemical toilet" buildings and to conventional "restroom" facilities with running water.

(K) "Sanitary stop" means an area in which the County of Mendocino maintains a sanitary facility or trash collection facility pursuant to any legal authority, including easements or licenses from private landowners.

(L) "Store" or "storage" means to put aside, accumulate, stage, position for immediate or future use, to put for safekeeping, to place or leave in a location.

(M) "Structure" means that which is built or constructed and refers to a building of any kind and to any piece of work artificially built up or composed of parts joined together in some definite manner that it does not qualify as a residential dwelling.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

It is prohibited, unlawful, and a misdemeanor for any person to do any of the following acts in, on, or into any portion of a County park:

(A) Discharge any firearm as described in Section 14.28.020(C) of this Chapter.

(B) Make a fire in any place except where specifically designated for such purpose by the Park Authority.

(C) Climb upon any shelter, building, sanitary facility, table, or other structure.

(D) Bring, land, or cause to descend or alight any airplane, dirigible balloon, parachute, or other apparatus designed or used for aviation without the express permission of the Park Authority in advance.

(E) Place, or cause to be placed, any litter, broken glass, ashes, garbage, trash, rubbish, waste, or filth of any kind except in receptacles provided for such purposes by the Park Authority. Such refuse or trash placed in said receptacles shall be only that generated in connection with normal activities conducted in any park area or recreation facility and associated with the proper usage thereof.

(F) Take up or replace any soil, earth, structure, pavement, tree, shrub, plant, grass, flower, or other plant without the express permission of the Park Authority.

(G) Disturb, pick, dig up, cut, mutilate, destroy, injure, move, molest, burn, or carry away any tree or plant or portion thereof.

(H) Bring, or cause to be brought, into any park for the purpose of sale or barter, or have for sale or sell, or exchange, or offer for exchange, any goods, wares, merchandise, or other property without first having obtained a written permit, concession, license, or lease to do so from the Park Authority.

(I) Post or affix any handbill, dodger, circular, booklet, card, pamphlet, sheet, or written or printed notice, or cause the same to be posted or affixed, to any physical object within any park without the prior written permission of the Park Authority.

(J) Molest, hunt, take, injure, trap, net, poison, harm, or kill any animal or fish of any kind, or attempt to do so, provided, however, that this Section shall not apply to the taking of fish for noncommercial purposes.

(K) Permit any dog within his or her possession, ownership, harbor, or control to be in a park except upon a leash no longer than six (6) feet.

(L) Ride or keep a horse except within an area expressly designated or such purpose by the Park Authority.

(M) Disturb, injure, or destroy any property owned, leased, or maintained by the County of Mendocino.

(N) No person under the age of eighteen (18) shall camp within a County park unless accompanied by an adult or with the written consent of a parent or legal guardian.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

All vehicles and pedestrian traffic in any park shall be subject to the provisions of the California Vehicle Code, which may be enforced by the California Highway Patrol and by the Mendocino County Sheriff. It is prohibited, unlawful, and a misdemeanor for any person to do any of the following acts in or on any portion of a County park:

(A) Operate any vehicle except upon such roads or rights-of-way as are expressly designated and posted by the Park Authority for such operation.

(B) Operate any vehicle except in a safe and prudent manner and at a speed not exceeding twenty-five (25) miles per hour unless otherwise posted by the Park Authority.

(C) Park any vehicle in any manner or at any location other than the manner and location designated for vehicle parking by the Park Authority;

(D) Operate or park any vehicle between the hours of 12:00 midnight and sunrise without permission of the Park Authority.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

The camping regulations and prohibitions in Mendocino County Code Chapter 14.32 shall apply to camping and the use of recreational vehicles in County parks.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4353, § II, 4-5-2016; Ord. No. 4457, § 3, 2-4-2020)

In addition to the regulations set forth in this Chapter, Mill Creek County Park, including the picnic area, dams and ponds shall be closed one (1) hour after sunset and shall reopen at sunrise.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

Every person using any County park shall pay such fee as is required by resolution of the Board of Supervisors, provided, however, that such resolution be adopted pursuant to public hearing which has been noticed in a newspaper of general circulation for one (1) time at least ten (10) days in advance of the hearing. In order for a fee to be validly collected at any park, the aforesaid resolution shall be posted at the entrance of such park.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

Sanitary facilities shall be provided and maintained by the Park Authority within all County parks and sanitary stops maintained by it. Such maintenance shall include the pumping of chemical toilets. The Park Authority shall determine the particular location of such chemical toilets, buildings and all matters relating to their maintenance. To the extent authorized by resolution of the Board of Supervisors, the Park Authority may provide sanitary facilities on a loan basis to other governmental agencies, which may need such facilities and may maintain such facilities depending upon the agreement negotiated with the respective governmental agency.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

(A) Any structure found to be involved in or which constitutes a violation of this Chapter shall be considered a dangerous building and shall be dealt with in accordance with the nuisance abatement sections of this Code, or other applicable law.

(B) Any abandoned vehicle involved in a violation of this Chapter shall be dealt with in accordance with the Vehicle Code, or other applicable law.

(C) Abatement of a vehicle or structure found to be in violation of this Chapter may be undertaken by County employees or agents twenty-four (24) hours after service of the citation.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

(A) Whenever any person commits any act that is declared by this Chapter to be a misdemeanor, he or she may be arrested by a peace officer legally empowered to enforce laws adopted by County ordinances pertaining to County parks. If such arrested person does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according to the procedure set forth in Sections 853.6 et seq., of the California Penal Code, which provide for the issuance and enforcement of citations for misdemeanors.

(B) If personal service on the individual found to be in violation of this Chapter is not possible, service of the citation will be valid and proper if the notice of citation is firmly affixed to a conspicuous object in the campsite, or to a vehicle or structure.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

A first offense of any violation of this Chapter, which is not specifically declared a misdemeanor, shall be deemed an infraction and punished as prescribed in Government Code Section 25132. Any second or subsequent violations of this Chapter shall be a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County jail for not more than six (6) months, or both. Every day any violation of this Chapter continues shall constitute a separate offense.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this Chapter or the application thereof to any person, establishment or circumstances shall be held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or application of this Chapter.

(Ord. No. 4171, Sec. 2 (part), adopted 2006.)

(Ord. No. 4457, § 3, 2-4-2020)