San Joaquin County Municipal Code Ch. 1 Park Rules and Regulations

Footnotes:

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Editor's note— Ord. No. 4583, adopted Sept. 28, 2021, amended former Ch. 1, §§ 2-8000—2-8013, in its entirety to read as herein set out. Former Ch. 1 pertained to similar subject matter and derived from Ord. No. 3041; Ord. No. 3618; Ord. No. 4384, 12-8-2009; Ord. No. 4409, 7-12-2011.

(a) "Park" means every park, riding and hiking trail, recreation area, community center or building, structure, or facility owned, managed, or controlled in whole or part by the County and under the jurisdiction of the Park Administrator in either incorporated or unincorporated territory.

(b) "Department" means the Department of General Services of the County.

(c) "Division" means the Parks and Recreation Division of the General Services Department of the County.

(d) "Park waters" means any lake, pond, river, stream, or other body of water within a park.

(e) "Park Administrator" means the Administrator of Parks and Recreation of the County or his or her designee.

(f) "Vessel" means every description of watercraft used or capable of being used as a means of transportation on water.

(g) "Motor vehicle" means any single multi-wheeled, treaded, or sled-type vehicle that is propelled by a motor or engine including commonly known as motorized recreation vehicle excluding motorized devices or motorized wheelchairs.

(h) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid containing alcohol and which is fit for beverages purposes either alone or when diluted, mixed, or combined with other substances.

(i) "Bus" means a motor vehicle exceeding twenty-two (22) feet in length and used or maintained for the transportation of passengers.

(j) "Night time" means any time from one-half (½) hour after sunset to one-half (½) hour before sunset.

(k) "Day-use" means entry into a County park during posted hours of operation. Day-use shall end each day at sunset unless otherwise posted or permitted in a special "use permit" issued by the Park Administrator.

(l) "Skateboard" means a board mounted on a set of wheels.

(m) "Roller Skate" means a shoe with a set of wheels attached for skating.

(n) "Scooter" means a light two-wheeled open motor vehicle on which the driver sits over an enclosed engine with legs together and feet resting on a floorboard, or, a vehicle typically ridden for recreation, consisting of a footboard mounted on two wheels and a long steering handle, propelled by resting one foot on the footboard and pushing the other against the ground.

(o) "Service dogs" means any dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items. Shall also mean any "guide dog" that was trained by a person licensed under Chapter 9.5 of Division 3 of the Business and Professions Code or as defined in the regulations implanting Title II of the Americans with Disabilities Act (ADA) of 1990 (Public Law 101-336). Shall also mean any "signal dog" trained to alert an individual who is deaf or hearing impaired to intruders or sounds (California Civil Code Sections 54.1 C.(i)). Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the Americans with Disabilities Act (ADA).

(p) "Director" means the Director of the General Services Department of the County or his or her designee.

(q) "Assistant Director" means the Assistant Director of the General Services Department of the County or his or her designee.

(r) "Amplified sound" means sound emanating from amplified sound equipment that is fifteen decibels above the ambient base noise level.

(s) "Amplified sound machine" means any device or apparatus for the amplification of sounds from any radio, phonograph, or other sound-making or sound-producing devices, or any device or apparatus for the reproduction or amplification of the human voice or other sounds.

(Ord. No. 4583, 9-28-2021)

(a) Compliance. A person shall not enter, be or remain in any park unless he or she complies with all of the regulations set forth in the chapter applicable to such park and with all other applicable laws, ordinances, rules, and regulations. Failure to comply with this Section 2-8001 may result in eviction, citation, or arrest.

(b) Short Title. The ordinance codified in this chapter shall be known as, and may be cited as, the "Park Ordinance."

(c) Posting of Notices. The term "posted" as used in this chapter, unless otherwise indicated, means and requires that the Park Administrator shall set aside at the Division headquarters and the park affected and in a location convenient to the general public, a bulletin board or similar device upon which shall be posted all special instructions, orders, pertaining to the designated park including, but not limited to, special hours of operation, swimming and boating restrictions, hunting and camping restrictions and special instructions pertaining to areas where activities are curtailed or restricted. Proof of posting shall be filed in the Office of the Park Administrator and the Director.

(d) Enforcement. The Park Administrator, Sheriff, and/or their designees shall enforce the provisions of this chapter.

(Ord. No. 4583, 9-28-2021)

The Board of Supervisors may adopt a schedule of fees for the use of parks and it shall adopt rules and regulations for the granting of permits issued by the Division pursuant to this chapter. The Park Administrator may deny a permit on the basis that the applicant does not meet the requirements of the rules and regulations, or past performance indicates noncompliance with park rules and regulations, or on the basis that the proposed use is injurious to the public safety, peace and enjoyment of the park. An applicant for a permit may appeal the denial thereof to the Director. The determination by the Director may be appealed to the Board of Supervisors. When such fee schedule or permits are adopted, it shall be unlawful to be in a park except by payment of the fee or in accordance with the required permit.

(Ord. No. 4583, 9-28-2021)

(a) Specific Regulations. The following rules and regulations apply to all parks as defined in section 2-8000 of this chapter except as otherwise expressly stated.

(b) Harmful Objects. A person shall not place, throw, leave, keep or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged thereby.

(c) Rubbish. A person shall not throw, leave, place, deposit, or dispose of any garbage, refuse waste paper, bottles, or cans in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose. Nor shall any person place any household garbage in any trash receptacle within a park. A person shall not remove any garbage, refuse, waste paper, bottles, cans, or aluminum from any Division receptacle without a permit issued by the Park Administrator.

(d) Weapons. Except as otherwise authorized by law, no person shall use, maintain possess or discharge any firearm, air gun, spring gun, bow and arrow, slingshot, or any other weapon, potentially hazardous to wildlife or human safety within the boundaries of any park or within two hundred (200) feet thereof. It shall be unlawful to shoot any of the aforementioned weapons into or across the park. The foregoing provisions shall be inapplicable to the operation and use of shooting, firing or archery ranges or to other areas that have been designated by the Division for the use of firearms nor shall they apply to persons employed by any city, the County, the state or by the United States to destroy predatory animals or beasts as defined in the Food and Agricultural code when acting in the course of their employment. No person is permitted to possess firearms, other than peace officers in the course of their employment.

(e) Fires Prohibited. No person shall ignite or permit to be ignited, or permit to be maintained, a fire in any location in a park except in a designated campfire site, barbecue pit, fireplace, or cooking area provided by the Division for the purpose of maintaining a fire, or except as specifically permitted in writing by an authorized employee or agent of the Division.

(f) Washing/Repairing Vehicles. No person shall engage in the washing, cleaning, polishing, repairing, renovating, changing of fluids, or painting of any motor vehicle, trailer, or other wheeled conveyance or bicycle within a park.

(g) Animals. A person shall not bring into a park any animal other than dogs or cats except as hereafter specifically provided or as otherwise permitted by the Park Administrator.

(h) Dogs and Cats. Dogs shall be licensed in accordance with the animal ordinance, being Chapter 1, Division 1 of Title 6 of this code. A person may bring and maintain in any park, exclusive of golf courses and zoos, up to a total of two (2) dogs and/or cats, excluding "service dogs", if such dog or cat is kept on a leash or chain not exceed six (6) feet in length and under the immediate control of its owner or custodian, or upon written permission of the Park Administrator. Pet fees may apply, as established by the Board of Supervisors.

(i) Nature Preserves and Trails. No person shall bring any animal within or upon any area designated as a nature preserve, nature trail, equestrian trail, and bicycle or hiking trail except with the written authorization of the Division. This subsection does not apply to horses that are on marked equestrian trials, provided, that they are under the immediate and reasonable control of the owner.

(j) Exemption for Service Dogs. Subsections (h) and (i) shall not apply to "Service Dogs" assisting a disabled individual, provided that such dog remains under the immediate control of such disabled person. "Service Dogs" shall be exempt from any pet fees, including "Service Dogs" in training. A service animal means any dog that is individually trained to do work or perform a task for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Tasks performed can include, among other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a person to take a medication, or pressing an elevator button. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the Americans with Disabilities Act (ADA) and are subject to Chapter 2 Section 8003 (h),

(k) Grazing. A person shall not permit any cattle, horses, goats, sheep, swine, or any other animal to graze in any park, except on property designated for such purpose or upon written approval from the Park Administrator.

(l) Protection of Animals. No person shall molest, hunt, disturb, injure, trap, net, poison, harm or kill any kind of animal, except that fish or frogs, may be taken other than for commercial purposes in accordance with the state fishing laws and regulations. The foregoing provisions shall not apply to persons employed by the County, the state, or by the United States when acting in the course of their employment. The foregoing provision shall not apply to park employees taking natural specimens under the direction of the Park Administrator.

(1) Fishing: Except where dictated by Fish and Game Regulations, the Park Administrator or designee may establish and post rules for manmade lakes or ponds within the County Park System.

(m) Vehicles. The Board of Supervisors shall regulate the use of motor vehicles within the parks by resolution adopted pursuant to section 21113 of the Vehicle Code. It is unlawful to operate motorbikes, motorcycles, or other motor vehicles in any park other than for the purpose of access or egress.

(1) Speed Limit. A person shall not operate, drive or ride a motor vehicle of any kind on a park road at a speed in excess of fifteen (15) miles per hour unless a different speed limit has been designated and posted.

(2) Confined to Roadways. A person shall not operate, drive or ride a motor vehicle, trailer, motorcycle, trail bike, motor scooter, go-cart, or other motor-driven wheeled conveyance or bicycle in a park except upon paved or improved roadways provided for that purpose or upon such paths or trails as designated by the Park Administrator.

(3) Parking. No person shall stop or park a motor vehicle, trailer, motorcycle, trail bike, motor scooter, go-cart, or other motor-driven wheeled conveyance, any place in a park except in areas designated for parking. When parking spaces are designated by lines, it is unlawful for the operator of any vehicles mentioned in this subdivision to stop, stand or park said vehicle other than in regularly designated parking space, across any such line, or in such position that such vehicle shall not be entirely within the area so designated as a parking space. No vehicle shall be parked in a manner that obstructs the free movement of other vehicles, or obstructs any gate, sidewalk, pedestrian crosswalk, or pedestrian walk-through. No person shall allow any vehicle to remain within the boundaries of a park during the hours the park is closed except by permission from the Park Administrator. No person driving any motor vehicle shall enter or exit a park other than at provided entry roads, paths, or gates.

(n) Model Airplanes/Drones, etc. A person shall not operate motorized model airplanes, drones boats or crafts of any kind except in areas designated and posted for such use and subject to all rules and regulations contained in such written permission from the Park Administrator.

(o) Solicitation. A person shall not solicit in any manner or for any purpose or sell or offer for sale any goods, ware or merchandise or distribute or pass out any handbill advertising matter except:

(1) Pursuant to a concession or other written agreement with the County.

(2) A sports team which is a member of a regular sports league and which admits all members of the general public to the sporting event to the extent of capacity without discrimination and without charge to any game played may solicit voluntary contributions from the spectators attending such game.

(p) Park Hours. The Park Administrator shall designate the hours for the use of the parks. The Park Administrator shall post the hours of use at the entrance of each park. Entrance into any park other than during posted hours of operation shall be unlawful.

(q) Office Hours. The Park Administration Office at Micke Grove Park shall be open for services to the public continuously from 8:00 a.m. until 4:30 p.m. each day of the week, except Saturdays, Sundays and regular holidays. The office hours shall be posted at the entrance, and the office location and hours will be posted on the County's Parks and Recreation website.

(r) Nudity. No person shall appear nude while in any County park. The word "nude" as used herein means unclothed or in such a state of undress as to expose any part or portion of the public or anal region or genitalia or any portion of the breast at or below the areola thereof any female.

(s) Washing. A person shall not place in any park waters any edible matter, dish or utensil or wash or cleanse in any park waters any such edible matter, dish or utensil or commit any nuisance in or near such waters or pollute any park's waters, or bathe, swim, or wade in park waters except as provided in Section 2-8004. No waste, water, sewage, or effluent shall be deposited directly upon or into the surface of the ground or water.

(t) Skateboards, Roller Skates, and Scooters. No person shall use a skateboard, roller skates, or scooter in any County park without prior approval by the Park Administrator.

(u) Insurance. The County may require as a condition of use of any park that insurance be provided which shall meet County requirements.

(v) Smoking. The Park Administrator may designate "no smoking" at any County park. The Park Administrator shall post "no smoking" at the entrance of the park and ban the use of any tobacco product within that park.

(Ord. 3041; 3618; Ord. No. 4384, 12-8-2009; Ord. No. 4409, 7-12-2011; Ord. No. 4583, 9-28-2021)

Swimming and bathing are prohibited except in those areas designated by the Park Administrator. The Park Administrator shall adopt water safety rules regulating swimming and bathing areas. This section does not apply to waters subject to the provisions of the California Harbors and Navigation Code.

(Ord. No. 4583, 9-28-2021)

No person shall go upon or remain upon any island in any park waters unless direct access is provided or unless authorized by the Park Administrator.

(a) A park or facility may be closed to public entry and/or vacated whenever a hazard to public health or safety exists as a result of a calamity such as a flood, storm, fire, earthquake, explosion, accident, or other disasters, or when, in the opinion of Division employees charged with protection and safety of the public a hazardous condition exists. Authority for such action rests with the Park Administrator, any duly appointed peace officer, or any designated uniformed County employee.

(b) The Park Administrator may from time to time establish prohibited or limited areas to avoid interference in development, construction, and management, or provide for security, safeguarding, or preservation of property within the County park system. The Park Administrator shall declare an area prohibited or limited by written order, specifying the period thereof. The order may include such classes of persons who may enter therein and the conduct of such proper activities or official duties as the Park Administrator may prescribe. The order may also limit the number of persons in the area.

(c) Any unauthorized person who willfully and knowingly enters an area closed, prohibited, or limited pursuant to subdivision (a) or (b) or who willfully remains within such area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.

(Ord. No. 4583, 9-28-2021)

(a) A park or facility may be closed to public entry or may be vacated whenever a menace to the public health or safety is created by a calamity such as a flood, storm, fire, earthquake, explosion, accident or other disasters, or when, in the opinion of Parks and Recreation Division employees charged with the protection and safety of the public a hazardous condition exists. Authority for such action rests with the Park Administrator, any duly appointed peace officer, or any designated uniformed County employee.

(b) The Park Administrator may from time to time establish prohibited or limited areas to avoid interference in development, construction, and management, or provide for security, safeguarding, or preservation of property within the County park system. The Park Administrator shall declare an area prohibited or limited by written order, specifying the period thereof. The order may include such classes of persons who may enter therein and the conduct of such proper activities or official duties as the Park Administrator may prescribe. The order may also limit the number of persons in the area.

The Park Administrator may deny the use of park facilities or any portion thereof to anyone who violated park ordinances, rules and regulations.

(c) Any unauthorized person who willfully and knowingly enters an area closed, prohibited, or limited pursuant to subdivision (a) or (b) or who willfully remains within such area after receiving notice to evacuate or leave shall be guilty of a misdemeanor in accordance with the Penal Code and may be denied use of park facilities in accordance with Section 2-8008.

(Ord. No. 4583, 9-28-2021)

(a) No person shall consume in any park any intoxicating liquor having an alcoholic content in excess of twenty-four (24) percent by volume, or dilutions of mixtures containing such intoxicating liquor, except as authorized by a permit issued by the Park Administrator or the Director.

(b) Permits issued by the Park Administrator or the Director pursuant to this section shall require proof of any license or permit required by the Alcoholic Beverage Control Act. A cleanup and damages deposit and a minimum insurance coverage shall be required as follows:

(1) When the activity is open to the public and admission is charged.

(2) When the activity is open to the public and admission is charged and alcohol is sold.

(c) Insurance requirements may be increased at the discretion of the Park Administrator where the event involves a significant exposure to risk liability to the County, as determined by the Park Administrator and the County Risk Manager. Such insurance shall: (1) name the County, its agents, and employees as additional insured; (2) be primary coverage and; (3) indemnify the County, its officers, agents, and employees for any and all claims, liabilities, losses, damages or expenses including attorney's fees and legal costs which the County, its officers, agents, and employees may suffer by reason of use of the permit.

(d) Possession of alcoholic beverages is prohibited in Stillman L. Magee Park's day-use area.

(e) Upon posting, the Park Administrator may prohibit possession or consumption of any alcoholic beverage within portions of or within any designated park.

(Ord. No. 4583, 9-28-2021)

(a) Upon posting signs, the Park Administrator may prohibit entrance to rivers after certain hours or conditions.

(b) Life Preservers. It is unlawful for any parent to permit his or her child under the age of thirteen (13) or for any guardian to permit any child under the age of thirteen (13) in his or her care to access any public waters unless such child is wearing a life preserver. For purposes of this section, "life preserver" is any devise meeting the definition "Personal Floatation Devise" as set forth in Title 8 of the California Code of Regulations. A violation of any provisions of this section shall constitute a misdemeanor.

(Ord. No. 4583, 9-28-2021)

(a) No person shall camp in any part of the County park system except in areas designated for that purpose by the Park Administrator. "Camp" or "camping" includes, but is not necessarily limited to: (1) erecting a tent or shelter or arranging bedding, or both, for the purpose of, or in such a way as will permit, remaining overnight; and (2) use of boats or houseboats, whether anchored, moored or beached, for the purpose of sleeping, during the nighttime.

(b) Minor. No person, under the age of eighteen (18) years may, camp in any portion of the San Joaquin County park system except as follows:

(1) A minor who is accompanied by a parent or guardian;

(2) A minor who is part of a group permitted to occupy an area of the park system at night and who is supervised by at least one (1) responsible adult for each ten (10) minors.

(a) A minor who furnishes the written consent of a parent or legal guardian. Such written consent shall contain the parent or legal guardian's residence address and telephone number and shall also identify the applicable park and duration of stay

(3) A minor emancipated by the order of the court may camp without written permission or adult supervision. Any such minor shall furnish a certified copy of the emancipation order.

(c) Number Occupying Campsites. The number of vehicles and persons occupying a campsite shall not exceed two (2) vehicles and eight (8) persons; however, the Park Administrator may authorize a greater number or lesser number when facilities so warrant.

(d) Camping Fees Due. Fees for the use of camping facilities are due at the time of reservation and payable daily. The daily fee covers the use of facilities. Check-in time is 2:00 p.m. or later and with a Check-out time of 12:00 p.m. the following day.

(e) Second Vehicle Fees. Campsite registration fees cover only one (1) recreational vehicle. All other motor vehicles shall pay additional vehicle fees as posted upon entry to the park.

(f) Display of Registration. Display of campsite registration with a receipt of payment is required for occupancy.

(g) Occupancy. A campsite is considered occupied when it is being used, or has been reserved, for the purpose of camping by person or persons who have paid the daily site-use fee and the campsite is officially designated or marked "occupied." The person or persons by or for whom the daily site-use fee has been paid and the guest and invites of such person or persons may occupy the campsite for the period for which the daily fee has been paid. A person not authorized to occupy the campsite shall not take or maintain possession of or park or stand a vehicle in, a reserved or occupied campsite.

(h) Number of Occupants Per Campsite. A campsite shall not be occupied by more than eight persons without written permission from the Park Administrator.

(i) Reserving Campsite. The placement of camping equipment, a vehicle, or any item which limits, restricts, or prohibits the use, in a campsite for the purpose of reserving a site without payment of fees is prohibited.

(j) Time Limits. In order to afford the general public the greatest possible use of the County park system, continuous occupancy by the same persons of any camping facility is limited to twenty-nine (29) calendar days within any forty-two (42) consecutive calendar day's period. The Park Administrator or his designee may order shorter seasonal limits for occupancy in any individual park when facilities so warrant. The Park Administrator may establish "off-season" limits for occupancy greater than twenty-nine (29) calendar days for the purpose of promoting full use of camping areas.

(k) Vacating. If applicable use fees have not been paid or if time limits for occupancy have expired occupants shall vacate the campsite by removing their personal property by 12:00 p.m. Failure to remove property may incur additional fees.

(l) Camping Day Use Areas. Camping in day-use areas is subject to the fees and use restrictions established by the Park Administrator.

(m) Peace and Quiet. No person shall conduct themselves in a manner that disturbs others in an area designated for overnight camping between the hours of 10:00 p.m. and 6:00 a.m. daily. Nor shall a person use any device or equipment at a volume, which emits sound beyond the immediate individual camping or picnic site without specific written permission of the Park Administrator. Engine-driven electric generators may be operated only between the hours of 8:00 a.m. and 8:00 p.m.

(n) Authorized Camping Equipment. The Park Administrator may specify the size, type, arrangements, and use of camping equipment and the number of persons permitted in the area. Household appliances such as refrigerators, freezers, washers, and dryers shall be enclosed inside of a camper, trailer, or motor home. The erection of a rope or clothesline for the purpose of drying clothes or restricting public use is prohibited.

(o) Games. No person shall play ball games, horseshoes, or other similar activities in picnic areas or campgrounds except in designated areas. Such games shall not be played during quiet hours of 10:00 p.m. to 6:00 a.m.

(p) Animals. No person shall permit a dog, a cat, or other authorized animal to remain outside a tent, camper, or enclosed vehicle during the night except by specific written permission of the Park Administrator. At no time shall a person keep or permit to remain in any campground a barking dog that is under the person's ownership or control. Animals shall not be tied to trees or in such a manner that the animal may limit or prevent public access to the tent, camper, motor home, or trailer door. Pet owners or caretakers are responsible for the immediate removal and proper disposal of all pet wastes.

(Ord. No. 4583, 9-28-2021)

(a) No person shall electronically amplify sound at any Park or Campground without the written consent of the Park Administrator or expressly authorized by a park use permit and as defined by Chapter 1, Section 2-8002 of Division 8, Title 2 of this Code.

(b) Amplified Sound must not contain indecent content that portrays sexual or violent activities in a way that is patently obscene to any profane content including "grossly offensive" language that is a public nuisance.

(c) Amplified Sound may not exceed 90 decibels (dB).

(Ord. No. 4583, 9-28-2021)

Any violation of this chapter is punishable as an infraction by a fine of not more than two hundred fifty dollars ($250.00) and may be punishable as a misdemeanor.

(Ord. No. 4583, 9-28-2021)