Mendocino County Municipal Code Div. IV Archaeological Discoveries

(A) Any person who in the preparation for or in the process of excavating or otherwise disturbing earth, discovers any archaeological site shall take all of the following actions:

(1) Cease and desist from all further excavation and disturbances within one hundred (100) feet of the discovery;

(2) Make notification of the discovery to the Director of Planning and Building Services;

(3) If deemed necessary by the Director of Planning and Building Services, arrange for staking completely around the area of discovery by visible stakes no more than ten (10) feet apart, forming a circle having a radius of no less than one hundred (100) feet from the point of discovery; provided, however, that such staking need not take place on adjoining property whose owner or person in possession does not authorize such staking thereon, in which case the boundary line within such circle shall be staked;

(4) Grant any duly authorized representative of the Director of Planning and Building Services permission to enter onto the lands of the discovery which are under the jurisdiction of the person making the discovery and to take all actions consistent with this Chapter and otherwise permitted by law.

(B) The Director may arrange for an on-site inspection of the area of discovery by one or more of his/her representatives within seventy-two (72) hours of the time of such notification. The Director shall give notice of the time of the on-site inspection to the owner, or other person who made notification of the discovery, who shall be entitled to accompany the Director's representatives at all times on the property in question. The purpose of the inspection shall be to determine whether the site is one of archaeological significance. In the event that such inspection does not take place within such seventy-two (72) hour period and the Director has not, within such time, issued an order to cease and desist for a longer period of time, the excavation and disturbance of the site may resume; provided, however, that if human remains are discovered, no further excavation or disturbance of the site may take place until specifically authorized by the Sheriff-Coroner.

(C) If the Commission determines that the site of the discovery is one of archaeological significance, it shall, within seventy-two (72) hours of being notified of the discovery, notify the person making the discovery of (1) such determination, (2) the apparent boundaries of the site, and (3) its specific recommendations for the conservation of the site. The Commission may then also issue an order to cease and desist from all further excavation or disturbance of the site for a specific period of time not to exceed thirty (30) days; provided, however, that the period may be extended up to forty-five (45) additional days by minute order of the Board of Supervisors. In issuing such a cease and desist order, the Commission shall take into account both the need for conserving the site and the need for avoiding unnecessary financial hardships to any person engaged in construction work on the site. The cease and desist order shall be subject to whatever conditions the Commission determines will promote the purposes of this Chapter. During the period such cease and desist order is in effect, the site shall be open to physical inspection, photographing, supervised excavation, study and all other reasonable related activities by any person duly authorized by the Commission. The land owner, or the person making the original notification of discovery, shall be kept advised of the times at which any such duly authorized person is on the site and shall be given the opportunity to accompany such person while on the site.

(D) The Commission may, for the purpose of giving or receiving notifications under this Chapter, designate as its representatives one or more professional archaeologists.

(E) It shall be unlawful, prohibited, and a misdemeanor for any person knowingly to disturb, or cause to be disturbed, in any fashion whatsoever, or to excavate, or cause to be excavated, to any extent whatsoever, an archaeological site without complying with the provisions of this section.

(F) It shall be unlawful, prohibited and a misdemeanor for any person knowingly to disturb, or cause to be disturbed, in any fashion whatsoever, or to excavate, or cause to be excavated, to any extent whatsoever, any archaeological site (1) in violation of any order to cease and desist issued pursuant to this section; or (2) during the seventy-two (72) hour period commencing from the time of the required notification of discovery.

(Ord. 3657, adopted 1987.)

(A) The provisions of this section shall apply in addition to the provisions of Section 22.12.090 of this Chapter whenever any human remains are discovered.

(B) Any person who, while excavating or otherwise disturbing earth, discovers any bones or other human remains, whether or not as part of an archaeological site, shall immediately cease and desist from all further excavation and disturbance and shall immediately telephone or otherwise notify the Sheriff-Coroner of Mendocino County. If an archaeological site is involved, the Sheriff-Coroner shall thereupon notify a designated representative of the Commission and if the remains are considered to be those of a Native American Indian, the Sheriff-Coroner shall also make notification as required by Section 7050.5 of the California Health and Safety Code.

(C) The Sheriff-Coroner and the Commission representative are authorized to enter onto the lands where the discovery was made, and to there make an on-site inspection for the purpose of determining (1) whether such human remains are less than one hundred (100) years old and (2) whether they are the result of any criminal or other act bringing such within the custody of the Sheriff-Coroner under the laws of California. If the Sheriff-Coroner determines he does have jurisdiction, he shall take such remains into his custody or make such other order as will insure the preservation of such remains.

(D) All human remains of any age discovered as part of an archaeological site shall be subject to the jurisdiction and custody of the Sheriff-Coroner, who may designate the Commission to take such human remains into custody for scientific analysis and reinterment, to the extent no Native American Indian, has a legal claim thereto. The Sheriff-Coroner or the Commission on behalf of the Sheriff-Coroner must solicit the recommendations of the Native American Heritage Commission per Section 5097.98 of the California Public Resources Code. The owner or other person claiming lawful title to or possession of the land on which such human remains are found shall not, by that fact alone, be entitled to keep or possess such remains. The Sheriff-Coroner and the Commission may submit human remains in their respective custody to the University of California or other similar recognized institution for scientific analysis before reinterment.

(E) It shall be unlawful, prohibited and a misdemeanor for any person not specifically authorized by the Commission or its designated representative to do so, to excavate or otherwise disturb any such area of discovery within one hundred (100) feet of the point of discovery until the lapse of thirty (30) days or written approval of the Commission, whichever occurs first. The Commission may extend the period of thirty (30) days by written order, in which case all persons having actual notice thereof shall be prohibited from any further excavation of disturbance within such one hundred (100) foot area.

(F) It shall be unlawful, prohibited and a misdemeanor for any person to mutilate, disinter or remove from the place of interment any human remains without first obtaining the approval of the Sheriff-Coroner and all other permits required by the California Health and Safety Code and this Chapter and without first notifying in writing the Commission.

(Ord. 3657, adopted 1987.)

The Commission may grant permission to responsible professional archeologists to conduct minor emergency salvage operations at any time or place in the County; provided, that a weekly progress report of any such operations shall be made to the Commission and an itemized list submitted as otherwise required by this Chapter. The scope of a minor emergency salvage operation shall include the recovery of archaeological information and materials, utilizing all appropriate scientific methods. A minor emergency justifying such salvage operation shall be defined to include situations where archaeological information and materials are in immediate and pressing danger of destruction from natural or human causes, and where time or the conditions of destruction do not permit the obtaining of an excavation plan.

(Ord. 3657, adopted 1987.)