Division 5 — PARKS, BEACHES AND RECREATIONAL AREAS

The provisions of this division 5 of title 2 are enacted by the Board of Supervisors of the County of Orange, and shall, unless otherwise expressly provided, apply in all parks, beaches, recreational areas and other publicly owned or operated lands or waters falling within the definition of those terms as set forth in section 2-5-2 of this division; provided, however, that the application of this division may be expressly negated by ordinance or resolution of the Board of Supervisors.

(Ord. No. 99-21, § 2, 8-31-99)

For the purposes of this division the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates to the contrary:

Alcoholic beverage: Alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one (0.5) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

Beach: All public land owned by the County of Orange with frontage on the Pacific Ocean or any arm thereof including beaches located within a harbor designed primarily to provide swimming, boating, fishing and other waterfront activities.

Boat: A watercraft used or capable of being used as a means of transportation on or through the water, including but not limited to sailboats, rowboats, powerboats, canoes, kayaks, floatation tubes, rafts, floats, personal watercraft, or similar conveyance.

Camp: To pitch or occupy camp facilities; to use camp paraphernalia.

Camp facilities: Include but are not limited to, tents, huts or temporary shelters.

Camp paraphernalia: Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-County designated cooking facilities and similar equipment.

Commission: The Orange County Parks Commission.

County: The County of Orange.

CSA No. 26: Orange County Parks County Service Area No. 26 is an administrative unit of the County of Orange, established by the County as the successor to the Harbors, Beaches and Parks District as the repository for funding, real property and all other assets for all County of Orange owned, operated and managed regional parks, beaches and recreational areas.

Designated parking areas: Striped parking stalls, spaces or areas and designated decomposed granite, dirt or gravel areas.

Director: The Director of Orange County Parks.

Eviction: Revocation of users permit, harbors, beaches and parks reservations, guest docks and moorings and expulsion from facility.

Group: An organization, club, team, class, association or other formal or informal gathering of persons.

Orange County Parks Permit: A permit issued by Orange County Parks for designated activities that occur on County Park property, as defined below.

Pacific Ocean: All waters of the Pacific Ocean or any arm thereof in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute or court action or otherwise and whether or not the lands lying under said tidal waters are privately or publicly owned.

Park: Every park, beach, nature preserve, riding and hiking trail, County Service Area greenbelt, County Service Area recreational facility and every other public recreation facility or recreational property right (e.g., irrevocable offer of dedication) owned, managed or controlled by the County of Orange.

Park waters: Any lake, reservoir, pond, wetland, river, stream, creek, wash, vernal pool or other perennial or seasonal body of water within or flowing through a park, beach or recreational area.

Person: Every person, firm, corporation, partnership, joint venture, association, social club, fraternal organization, or any other group or combination acting as a unit.

Personal property: Includes, but is not limited to, camp facilities and camp paraphernalia.

Recreational area: All parks, historical parks or sites, park waters, beaches and waters of the Pacific Ocean as herein defined.

Store: To put aside or accumulate for use when needed, to put for safe keeping, to place or leave in a location.

Wildlife: Any terrestrial, aquatic or marine mammal, bird, reptile, amphibian, fish, mollusk, arthropod or any other vertebrate or invertebrate member of the animal kingdom, including a part, product, egg or offspring thereof.

(Ord. No. 99-21, § 2, 8-31-99; Ord. No. 07-004, § 1, 4-24-07; Ord. No. 10-012, § 4, 9-28-10)

(a)

Conditioned use of recreational area. The privilege of any person to use parks, beaches and recreational areas is hereby expressly conditioned upon compliance by the person with the provisions of this division as they apply to such use.

(b)

Eviction. In addition to other penalties provided for in the Codified Ordinances of the County of Orange, violations of any provision of this division shall subject the violator to eviction from the park in which the violation occurs and other parks if deemed necessary, all in accordance with the procedures in Section 2-5- 20. This division shall be enforced by the Director, designated HBP Manager, and such of their agents as they may designate to perform said duty as well as by peace officers having jurisdiction of any area in which a violation of any provision of this division may take place.

(c)

Penalties. In unison with Section 1-1-34 (General Penalties) any person convicted of violating a section of Division 2 or Division 5 within a park, beach or recreational area shall be guilty of a misdemeanor, except as otherwise provided herein. At the discretion of the District Attorney, prosecution of a complaint filed in violation of any section contained in this title that is designated as a misdemeanor may be reduced to an infraction.

(d)

The Nature Reserve of Orange County. To deter damage to natural resources and prevent their recurrence, at the discretion of the District Attorney, bail may be doubled for all violations occurring in parks and recreation areas designated by the Board as part of the Nature Reserve of Orange County.

(e)

Civil Citation Enforcement Officers. In addition to those persons otherwise authorized by law, Park Rangers employed by the County of Orange shall be designated as Enforcement Officers for the purposes of Title 1, Division 1, Article 2 of the Code and are authorized to issue civil citations as provided in the Code for any violation of Title 2, Division 5, except Sections 2-5-16, 2-5-18, 2-5-20, 2-5-29(a), 2-5-31, 2-5-36, 2-5-37, 2- 5-38 and 2-5-50.

(f)

Civil Fine Schedule. Unless otherwise specifically provided for by law, violation of any section of Title 2, Division 5, except Sections 2-5-16, 2-5-18, 2-5-20, 2-5-31, 2-5-36, 2-5-37, 2-5-38,2-5-50 and 2-5-29, shall be punishable by:

(1)

A fine not exceeding fifty dollars ($50.00) for the first violation;

(2)

A fine not exceeding one hundred fifty dollars ($150.00) for the second violation of the same Code provision within a period of one (1) year; or

(3)

A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

Section 2-5-29 "vehicle regulation" violations shall be punished by a fine of thirty dollars ($30.00) per occurrence, except violations of 2-5-29 subdivisions (b), (e), (f), (k), and (o) shall be punished by civil fine in an amount approved by the Board of Supervisors in the Orange County Uniform Traffic Bail Schedule.

(Ord. No. 99-21, § 2, 8-31-99; Ord. No. 05-019, § 1, 9-27-05; Ord. No. 10-003, § 1, 2-2-10)

The purpose of this division is to provide for the orderly administration and control of recreational areas within the County of Orange. The Director is hereby instructed to administer the ordinances herein set forth in this division in such a way as to achieve the maximum benefit to the public.

(Ord. No. 99-21, § 2, 8-31-99)

Secs. 2-5-5—2-5-14. - Reserved.