San Luis Obispo County Municipal Code Ch. 11.04 All County Parks and Facilities (except Nacimiento Lake)

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Editor's note— Ord. No. 3272, § 1(Exh. A), adopted Oct. 7, 2014, amended Ch. 11.04 in its entirety to read as herein set out. Former Ch. 11.04, §§ 11.04.010—11.04.200, pertained to similar subject matter, and derived from Ord. No. 3192, § 1, adopted May 11, 2010.

This chapter applies to all county parks and facilities except for Lake Nacimiento, which is defined as that portion of Nacimiento Reservoir and land owned or leased by the Monterey County water resources agency and/or the county of Monterey located in the Nacimiento watershed, including the Lake Nacimiento recreational area. This chapter is enacted to establish rules and regulations for the safe and peaceful use and enjoyment of county parks and facilities, to advance the public health, safety and welfare at all county parks and facilities, for the protection and preservation of property and natural resources, and the general safety and welfare of the public. As used in this chapter, the following terms shall have the following meanings unless otherwise apparent from the context that a different meaning is intended:

"Aquaplane" or "aquaplaning" means any aquaplane, plank, surfboard, wakeboard, water ski or other device used for the transporting, conveyance, or carrying of a person who is towed or pulled by a vessel or other watercraft by means of a rope, chain, cable, wire or other flexible connection.

"Department" collectively means the county of San Luis Obispo and/or the county of San Luis Obispo parks and recreation department.

"Board of supervisors" means the board of supervisors for the county.

"County" means the county of San Luis Obispo.

"County Code" means the San Luis Obispo County Code.

"Director" means the director of parks and recreation of the county.

"Facility," "facilities" or "park(s)" collectively mean any body of water, land, open space area, campsite, recreation area, golf course, coastal accessway, public beach, natural area, building, swimming pool, pier, dock, launch ramps, or trail, excluding Lake Nacimiento, managed, controlled or operated by the department for recreational purposes.

"Fireworks" means anything defined as "fireworks" in California Health and Safety Code Section 12511, including, but not limited to, "dangerous fireworks" (Health and Safety Code Section 12505), "safe and sane fireworks" (Health and Safety Code Section 12529), but not including auto flares when used for the purpose of warning other vehicles or other emergency signaling devices (Health and Safety Code Section 12506) if they are used for emergency purposes.

"Horse" means any member of the equine family and includes mule, and donkey, or other similar rideable animal.

"Park personnel" means those persons employed by the county and responsible for the maintenance, operation, protection, or management of any county park or facility.

"Person" means and includes natural persons, firms, copartnerships, corporations, limited liability companies, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.

"Quiet hours" means a designated time when park visitors may not exceed noise levels that interfere with the quiet enjoyment of others and which, in no case, exceed forty-five decibels.

"Road" is that portion of a county park or facility improved, designed, ordinarily used, or designated for vehicular travel.

"Sailboard" means any nonmotorized surfboard-like vessel carrying a sail and/or propelled by the wind with no freeboard and equipped with a swivel mounted mast not secured to a hull by guys or stays. A sailboard may be used for windsurfing.

"Surfboard" includes surfboards, paddle boards, skim boards, skimmers, belly boards, body boards, kneeboards and/or other foam-core or hard-surfaced surf and wave riding devices, equipment or contrivances of a similar nature and made entirely or partially of wood, metal, glass, hard plastics, carbon fiber or any other hard substance.

"Unauthorized persons and vehicles" means one whose entry is not approved by the director or designee.

"Vehicle Code" means the California Vehicle Code. Whenever any reference is made to any portion of this code or of any other law including, without limitation, the Penal Code and the Health and Safety Code, such reference shall apply to all amendments and additions hereafter made to such sections.

"Vessel" means any watercraft used or capable of being used as a means of transportation on water, except the following:

(1) A seaplane on the water.

(2) A watercraft specifically designated to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by a mechanical device that restricts the watercraft's movement to the fixed course.

(3) A floating structure which is designed and built to be used as a stationary waterborne residential dwelling which does not have and is not designed to have a mode of power on its own and is dependent for utilities upon a continuous utility linkage to a source originating on shore and has a permanent, continuous hookup to a shoreside sewage system.

"Vessel trailer" means any trailer or equipment used to transport a vessel and which is placed in the water to launch a vessel.

"Windsurfing" means the use of a sailboard.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Authority of Director. The director or designee is authorized and directed to establish rules and regulations as required for the good order, health, safety, well-being and proper management of all county parks and facilities. Such rules and regulations, once promulgated by the director or designee, must be complied with by all users of county parks and facilities. Violation of any established rule or regulation promulgated by the director or designee shall be grounds to terminate any user's right, permission, or privilege to use or occupy any county park or facility.

(b) Enforcement of Ordinances. The director shall be subject to the direction, authority and control county administrator and the board of supervisors and she/he is their official representative for all park and recreation matters in the county. The director shall have authority to enforce all rules, ordinances and regulations affecting county parks and facilities including, without limitation, this chapter.

(c) Delegation of Authority. Whenever a power is granted to, or a duty is imposed upon the director, that power may be exercised or the duty may be performed by other persons designated by the director, or by persons authorized by the county administrator or board of supervisors, unless provided otherwise in this chapter. Powers granted to the department, director, or to park personnel under this chapter shall be construed to be powers delegated by the board of supervisors for the purposes of maintaining the peace, protecting the property of visitors, management, control, and for the general enforcement of the ordinances of the county.

(d) Authority of Park Personnel. Park personnel are authorized to direct the visiting public in their use of county parks and facilities according to the statutes, ordinances, rules and regulations applicable to such parks and facilities. In the event of an emergency, fire, flood, earthquake or other natural catastrophe, or to expedite traffic, ensure the safety of the public, prevent pollution, or otherwise protect county parks and facilities, park personnel may direct the visiting public as conditions may require notwithstanding any other provision of this chapter. If written rules and regulations are established by the director, designee, or department for the good order, health, and safety of the people, property, and waters within county parks, then such rules and regulations, once promulgated, shall be disseminated, posted, publicized, or otherwise made known to and shall be complied with by all users of county parks and facilities.

(e) Restriction of Public Use of County Parks and Facilities. The director and/or designated park personnel are authorized to open all or a portion of any county park or facility to the public, to restrict the public's use of county parks and facilities by closing such parks and facilities (including any area or facility within a county park) and to restrict the hours of operation for sufficient reason which includes, but is not limited to, the following:

(1) Sanitary protection of the watershed;

(2) Fire prevention;

(3) Construction;

(4) Dangerous or unsafe conditions;

(5) To prevent damage to any county park or facility;

(6) Inclement weather;

(7) Conservation of fish and game;

(8) Protection of natural habitats;

(9) Real property accepted by the county but not ready for public use.

(f) Permit Revocation—Removal from County Park or Facility.

(1) The director or designee shall have the authority to revoke any local inspection certification, or permit relating to using, entering or operating at any county park or facility upon a finding of a violation of any regulation in this chapter or upon a finding of a violation of any other County Code provision, regulation or local, state, or federal law.

(2) The director or designee shall have the authority to eject from any county park or facility any person acting in violation of any regulation in this chapter or upon a finding of a violation of any other County Code provision, regulation, or local, federal, or state law.

(3) The director or designee shall have the authority to ban any person from entering or using any county park or facility for any length of time when such person has reasonable grounds to believe that the person has violated any provision of this chapter or any applicable local, state or federal law, rule or regulation.

(4) The director or designee is authorized to suspend and/or revoke any county park or facility permit or local inspection certification if issued unlawfully or erroneously.

(5) It is unlawful for any person to enter or re-enter any county park or facility when the permission for such entry has been suspended, revoked, or when such person has been expelled from the county park or facility. Any person aggrieved by such suspension, revocation or expulsion may appeal to the county administrator within ten days of the suspension, revocation or expulsion. The determination by the county administrator may be appealed to the board of supervisors by filing a request for hearing with the clerk of the board within ten days of the decision of the administrative office. The determination of the board of supervisors shall be final.

(g) Compliance with Lawful Orders. It is unlawful for any person at any county park or facility to fail or refuse to comply with any lawful order, signal, instruction or direction of any park personnel or to refuse to submit to any lawful inspection under this chapter.

(h) Penalties for Violation. Any person violating any of the provisions of this chapter, except for peace officers and park personnel acting under their scope and authority and in the course of the performance of their duties, may be deemed guilty of a misdemeanor, and upon conviction, is punishable by imprisonment in the county jail for not more than six months, or by a fine of not more than one thousand dollars, or by both. a peace officer issuing a citation for a violation may, at his or her discretion, reduce any offense charged under this chapter to an infraction.

(i) Separate Offense. Any person violating any of the provisions of this chapter, except for peace officers and park personnel acting under their scope and authority and in the course of the performance of their duties, shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable accordingly.

(j) Enforcement Arrest and Citation Authority. Pursuant to the authority vested in the board of supervisors pursuant to California Public Resources Code Section 5380 and Penal Code Section 836.5 (and any amendments thereto), all persons duly appointed as peace officers, the director or designees, and safety employees of the San Luis Obispo County sheriff's department are empowered to enforce the provisions of this chapter. Pursuant to Section 836.5 of the Penal Code, and any amendments thereto, such persons shall have the power to arrest without a warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his/her presence that is a violation of a statute or ordinance that the public officer or employee has the duty to enforce. In any case in which a person is arrested for a misdemeanor pursuant to this chapter, and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest may prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C, Title 3, Part, 2 of the Penal Code, commencing with Section 853.5. Notwithstanding, nothing in this chapter shall be construed as prohibiting an officer from taking a person before a magistrate instead of being released in accordance with Penal Code Section 853.6(i). The provision of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a notice to appear pursuant to this chapter.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Hours of Use—Closed Areas. The director or designee is authorized to promulgate opening and closing hours for all county parks and facilities, including the waters within such parks. No person shall enter, remain in, or camp in or on any county park or facility during the hours or any part of the hours said park or facility is closed without a permit issued from the director or designee, which shall be secured in advance. It is unlawful for any person to enter any county park area or facility which is posted against entry unless authorized in advance by the director or designee.

(b) Disorderly Conduct. It is unlawful for any person to use abusive, boisterous, insulting, or indecent language or gestures in a way that unreasonably threatens, disrupts or interferes with a person's use and enjoyment of a county park or facility. It is unlawful for any person to willfully harass or interfere with park personnel in their performance of their duties.

(c) Public Demonstrations. It is unlawful for any person within a county park or facility to engage in any oration, harangue, or other public demonstration without a permit issued by the director or designee, which shall be secured in advance.

(d) Sign Posting and Temporary Structure Construction. It is unlawful for any person within a county park or facility to post or erect any sign, or to construct any temporary or permanent structure, unless authorized in advance by the director or designee. Park personnel may remove and dispose of any such signs or structures and recover all costs from the person(s) responsible for posting or erecting such signs or structures.

(e) Restrooms and Washrooms. It is unlawful for any person to enter or use any toilet or restroom set apart for members of the opposite sex provided, however, that this section does not apply to children under the age of six years who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for such child.

(f) Urinate or Defecate in Public. It is unlawful for any person over the age of ten years to intentionally urinate, defecate, or otherwise discard or dispose of human waste or excretion into any water within a county park or facility (including a swimming pool), in an area within a county park or facility that is within the public view, or in any public place other than in a toilet receptacle or urinal provided for such purpose within the structure of any restroom, bathroom, or similar enclosure.

(g) Curfew. A curfew is established between the hours of ten p.m. and six a.m. at all county parks and facilities, excluding county operated campgrounds. the curfew for county golf facilities is between the hours of ten p.m. and five a.m.

(h) Quiet Hours. Quiet hours shall be observed in all areas of county parks and facilities between ten p.m. and seven a.m. To ensure adequate rest for visitors, no person shall conduct himself/herself in a manner that disturbs others in sleeping quarters or in campgrounds during "quiet hours." No person shall, at any time, use electronic or amplified equipment at a volume which might disturb others or may be heard beyond the immediate camp or picnic site or otherwise unreasonably interfere with the quiet enjoyment of those using such facilities.

(i) Alcoholic Beverages. No person shall consume any alcoholic beverages within any area of a county park or facility where the director or designee has posted a notice declaring a prohibition, or in such other areas that have been prohibited under the laws or regulations of the state or other local jurisdictions. For purposes of this section, "alcoholic beverages" means alcohol, spirits, liquor, wine, and beer.

(j) Kegged Beer. No person shall possess or consume kegged beer at any county park or facility without securing written permit by the director or designee in advance of such possession or consumption.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Fees and Permits.

(1) The director or designee shall adopt rules and regulations governing the use and issuance of permits provided by the department. The director or designee is authorized to execute permits within county parks or facilities, and for the use of county parks and facilities, at rates established in the fee schedule adopted by the board of supervisors. When such fee schedule or permits are adopted, it is unlawful to be in a county park or use a county facility except by payment of the fee or in accordance with the required permit.

(2) All permits required by this chapter or other provisions of the County Code shall be obtained and issued in advance. The director or designee is responsible for collecting permit fees. Such fees shall be considered earned upon receipt.

(3) The director or designee may deny a permit under this chapter on the basis that the proposed use is injurious to or will interfere with the public safety, peace, and/or enjoyment of a county facility or park. An applicant for a permit may appeal the denial thereof to the county administrator, county administrative office within ten days of the denial. The determination by the county administrator may be appealed to the board of supervisors. Such appeal shall be done by filing a request for hearing with the clerk of the board of supervisors within ten days of the denial of the administrative office. The determination of the board of supervisors shall be final.

(b) Refund of Fees. The director or designee is authorized to make refunds, for cause, of any fees or charges collected for the use of any county parks or facilities; provided, however, that the person seeking the refund makes a showing to the satisfaction of the director or designee, that the fees were paid for the use of a county park or facility.

(c) Exemptions from Fees. Officers and authorized agents of the county and other public agencies, when in the course of the performance of their official duties, shall be exempt from the fees referenced in this chapter, and shall have free ingress and egress to the county parks and facilities for the purpose of inspection, management, enforcement, and protection.

(d) Vessel and Vehicle Permits—Transferability/Replacement.

(1) As established by the director or designee, annual vessel and motor vehicle permits are issued by park personnel to specific vessels and vehicles. Said permits are transferable in the event of transfer or sale of the vessel or motor vehicle to a new owner upon application to the department and the payment of a transfer fee, if required. Said permits are not transferrable to other vessels or vehicles owned concurrently by the same or other owners.

(2) In the event that an annual vessel or vehicle permit is lost or destroyed, a duplicate permit may be issued by park personnel without the payment of an additional fee, upon written application on a form furnished by park personnel.

(3) Annual vehicle permits shall be affixed to the vehicle windshield. Annual vessel permits shall be affixed to the vessel.

(e) Permit Removal—Alteration. It is unlawful for any person to change, mutilate or alter any vessel or vehicle permit, or to take possession of or illegally use any permit issued to someone else, unless such permit is transferred in compliance with subsection (d) herein.

(f) Revoked Permits—Retaking. Park personnel may take possession of any certificate, card, permit or decal issued hereunder upon revocation, cancellation or suspension thereof or which is fictitious or which has been unlawfully or erroneously issued.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) General Use. It is unlawful for any person within any county park or facility to commit any of the following acts:

(1) To operate any motor vehicle, motor-driven vehicle, motorcycle, or motor-driven cycle, unless the operator is duly licensed pursuant to the Vehicle Code.

(2) To operate any motor vehicle, motor-driven vehicle, motorcycle, or motor-driven cycle which is not registered pursuant to the Vehicle Code.

(3) To operate any motor vehicle, motor-driven cycle, motorcycle, bicycle, or motor-driven cycle except on designated blacktop roads, or other posted designated areas.

(4) To leave a motor vehicle during the hours in which the county park or facility is closed without a permit from the director or designee.

(5) To abandon a motor vehicle.

(6) To wash or make repairs (other than emergency repairs).

(7) To operate any motorized vehicle unless it is equipped with a spark arrestor and a properly installed muffler which prevents excessive or unusual noise. No such muffler system shall be equipped with a cutout, bypass, or similar device.

(8) To operate a motor vehicle at a speed in excess of fifteen miles per hour or to exceed five miles per hour in a picnic area, campground or parking lot, or to exceed the speed limit posted in any area.

(9) To throw or otherwise dispose of any material, trash, waste litter, or other debris from a vehicle.

(10) To operate a vehicle, off-highway vehicle, or bicycle negligently or willfully so as to endanger, harass, or injure the vehicle, its occupants, or any person, equipment, property, facilities, animal, bird, or reptile.

(11) To permit a motor vehicle and/or a trailer to remain on a vessel launching ramp for more than ten consecutive minutes, except with permission of park personnel.

(12) To operate or ride a bicycle, scooter, skateboard or other operator propelled device when the director or designee has made a finding that conditions are unsafe for the operation of such devices and has posted a notice prohibiting such activity.

(13) The provisions of the Vehicle Code relating to traffic upon highways shall be applicable to county parks and facilities except as provided by such regulations containing the special conditions referred to in Section 21113 of the Vehicle Code.

(b) Off-Highway Vehicles. No person shall operate within any county park or facility an off-highway vehicle except in designated areas.

(c) Vehicle Operation. No person shall operate, drive, use, leave, place, park or stop a motor vehicle, except on a road or in parking areas, within any county park or facility. No person shall operate or park a motor vehicle in violation of the conditions, limitations, or restrictions upon such roads, and shall not operate, park, or leave a vehicle in a portion of any county park or facility in violation of closing hours.

(d) Road Closure. Park personnel are authorized to close any road within a county park due to, without limitation, construction of facilities, or dangerous road conditions. Such closure shall be posted, barricaded, or otherwise designated by park personnel.

(e) Operating, Parking, and Standing Vehicles. When signs or markings authorized by the County Code are in place and give notice thereof, no person shall park or leave standing any vehicle upon a county park or facility contrary to the direction and provisions of such signs and markings.

(f) Curb Markings. No person shall park or leave standing a vehicle within a county park or facility at any time in violation of any curb markings as such are set forth in Vehicle Code Section 21458.

(g) Bus Zone. Any vehicle parked or left standing in a zone designated for the purpose of loading and unloading bus passengers at any county park or facility will be cited.

(h) Handicapped Parking. Any unauthorized vehicle in a duly designated handicapped parking space at any county park or facility will be cited.

(i) Improper Parking. Any vehicle using more than one parking space (not between lines) or parked such that the wheels of the vehicle are more than eighteen inches from the curb at any county park or facility will be cited.

(j) Unauthorized Parking. Any vehicle illegally stopped or blocking vehicular traffic, walkways, entries, gateways, or parking areas at any county park or facility will be cited.

(k) Time Limits. Any vehicle in violation of overtime parking in any posted time limitation zone, including, without limitation, a yellow loading zone or green zone, will be cited.

(l) Moving of Vehicles. The director or designee shall have the authority to tow or otherwise move motor vehicles and trailers which are parked by their owners or operators within the county's parks and facilities in violation of this chapter, whenever it is determined by the director or designee that such motor vehicles so parked create a nuisance or a hazard. The director and any designee shall have the authority to make a reasonable charge against the owner or operator of such vehicles for such towing or moving service, and the motor vehicle towed or moved shall be subject to a lien for such charge. Any peace officer with concurrent jurisdiction in a county park or facility or any member of the California Highway Patrol is authorized to cause the removal of a vehicle or trailer from the highways, driveways, paths, or grounds of a county park or facility under the provisions of the Vehicle Code including, but not limited to, Section 22659, when such vehicle or trailer is parked or left standing in violation of the California Vehicle Code.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Natural Features. It is unlawful to engage in any of the following acts within any county park or facility without the prior permission of the director or designee:

(1) Cut, pick, mutilate, or destroy any vegetation.

(2) Introduce any flora or fauna.

(3) Pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn, or carry away any tree or plant or portion thereof, including, but not limited to, leaf mold, flowers, foliage, berries, fruit, grass, fern, turf, humus, shrubs, cones, and dead wood.

(4) Place upon, attach, or secure to any tree, plant, shrub, rock or other natural feature any rope, wiremark, writing, printing, card, display, placard, or object.

(b) Geological Features. It is unlawful for any person to engage in the following acts within any county park or facility without prior written authorization from the director or designee:

(1) Remove, cut, dig, or disfigure any soil, rock, or fossil.

(2) Dig up, pick, remove, mutilate, injure, or collect any historical or archaeological artifact or object.

(3) Disturb, deface, disfigure, mark on or destroy any cave, rock formation or any other naturally occurring feature.

(4) Deposit any earth, sand, rock, stone, or other substance or dig such materials from any area.

(c) Water Features—Fishing. It is unlawful for any person to engage in the following acts within any county park or facility without prior written authorization from the director or designee:

(1) Throw, discharge or otherwise place or cause to be placed into the waters of any fountain, pond, lake, stream, ocean, or other body of water or in any tributary, stream, or drain flowing into such waters, or place upon the shore area thereof, any substance, matter, or thing, liquid or solid, including, but without limitation to, particles or objects made of paper, metal, glass, styrofoam, garbage, rubbish, rubber, fuel, food matter, wood, fiber, and plastics, or other polluting substances of any kind, except that fishing baits and lures may be utilized in the process of fishing.

(2) Discharge any waste water, sewage, or effluents anywhere except in receptacles provided.

(3) Clean fish, except at places designated by park personnel.

(4) Receive, bring or cause to be brought into any county park any amphibian or aquatic plant from any place for the purpose of propagation without the prior approval of the California Department of Fish and Game and the director or designee.

(5) Receive, bring or cause to be brought into any county park any species that poses a threat to the waters of any county park.

(d) Pesticides and Hazardous Materials. No person, with the exception of park personnel in the normal course of their duties, shall disperse or otherwise apply any pesticide or any other hazardous material within any county park or facility whether to the air, water, ground, or vegetation, unless written authorization has been obtained in advance from the director or designee.

(e) Special Permits. The director or designee may grant a permit to remove, treat, disturb, or destroy plants, fish, animals, or birds, or geological, historical, archaeological or paleontological materials as deemed necessary or convenient and consistent with all local, state, and federal rules and regulations.

(f) Animals—Injuring or Killing. No person, with the exception of depredation permits approved by the director or designee and issued by the California Department of Fish and Game, shall or attempt to molest, hunt, disturb, injure, trap, take, net, poison, harm, tease or kill any kind of wild or domestic animal, bird, or reptile, or their eggs or nests, or fish, except that fish may be taken other than for commercial purposes in accordance with the state of California(s applicable fishing laws and regulations. Notwithstanding, no person shall use or discharge a spear or bow and arrow in any county park (except in underwater parks or on designated archery ranges). Where hunting in a county park or portion thereof is permitted by regulations herein, so much of this section as is inconsistent therewith shall be deemed inapplicable, provided hunting is conducted in the manner specified.

(g) Feeding Wildlife. No person shall feed wildlife within any county park unless authorized in advance by the director or designee.

(h) Animals—Grazing Livestock. No person shall release or abandon any animal, amphibian, bird, or reptile, dead or alive, within a county park, or permit any cattle, sheep, goats, Horses, wild or any domestic animal, bird, or reptile to roam or graze other than in specifically designated areas.

(i) Rock Climbing. It is unlawful for any person to rock climb within any county park without the prior written permission from the director or designee.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Damaging Park Property or Equipment. It is unlawful for any person within any county park or facility to mutilate, destroy, deface, vandalize, or otherwise damage any monument, sign, fence, chair, bench, equipment, personal property, or facility owned or leased by, or under the control of, the county. Furthermore, all county parks and facilities shall be used only for the purpose for which they are intended, unless otherwise approved in advance by the director.

(b) Locks and Keys. No person other than one acting under the direction of the director shall duplicate or cause to be duplicated, a key used by the department for a padlock or door lock of any type or description at a county park or facility. No person shall divulge the combination of any lock used at a county park or facility to any unauthorized person.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Solicitation. No person shall solicit funds for any purpose within any county park or facility without the prior permission of the director or designee. Notwithstanding, this provision shall not apply to park personnel authorized by the director or designee to collect money in the name of the county. It is unlawful to practice, carry on, conduct or solicit for any trade, occupation, business or profession within a county park or facility without the prior written permission of the director or designee.

(b) Commercial Still Photography and Motion Picture Production. No person shall take still, motion or sound pictures or any other type of imagery for commercial purposes within any county park or facility without the prior permission of the director and in accordance with Title 2, Chapter 2, of the County Code.

(c) Commercial Activity Permit. It is unlawful for any person within any county park or facility to engage in any type of commercial activity, without a commercial permit and prior written approval from the director or designee.

(d) Sale of Merchandise. No person shall sell, vend, peddle, expose, offer for sale, or distribute after sale to the public, any merchandise, service, or property, or sell tickets for any event within any county park or facility, without the prior written approval of the director or designee.

(e) Distribution of Handbills. No person shall distribute, circulate, give away, throw, or deposit on the ground, post or affix to any tree, fence, or structure situated in any county park or facility, any handbills, circulars, pamphlets, papers, tracts, dodgers, or advertisements, which material calls the public attention in any way to any article or service for sale or hire, nor shall any person solicit or collect donations of money or other goods from the public within any county park or facility, without the prior written approval of the director or designee.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Designated Camping Areas and Prohibited Overnight Camping or Sleeping in Unauthorized Areas. It is unlawful for any person to camp within any county park except in designated sites. It is unlawful at any time from one hour after sunset to one hour before sunrise to park a motor vehicle or trailer at any county park or facility (including any parking lot) for the purpose of allowing the occupants thereof to camp, live, or sleep within the motor vehicle or trailer.

(b) Occupancy Requirements. It is unlawful for any person to occupy any campsite or trailer site within any county park or facility without first having been assigned to such sites and paying in advance for such assigned sites.

(c) Camping Stay Limits. Unless approved by the director or designee, camping is limited to fifteen consecutive calendar days, in any thirty consecutive day period April 1 through September 30. The thirty-day period commences on the first day of the camper's stay. In addition, camping is limited to thirty days in any sixty-day period October 1 through March 31. The sixty-day period commences on the first day of a camper's stay with a maximum of sixty days in any twelve-month period. No party may use a camping area for periods of camping in excess of this limitation without specific prior authorization of the director or designee, and then only on an "as available" basis. Every party may be required, if extending their stay, to move to another campsite area within the camping area. Under this section, "party" is defined as:

(1) Any individual or group of persons utilizing the camping area for the purpose of camping.

(2) Any different individual or group of persons utilizing the same trailer, camper, motor home, recreational vehicle utilized for camping, motor vehicle modified for camping, automobile or truck utilized for camping, tenting or camping equipment previously utilized by another party within the period limited above.

(d) Camping by Persons Under the Age of Eighteen. It is unlawful for any person under eighteen years of age to camp within any county park or facility unless accompanied by an adult during such period.

(e) Camping Permit Termination. Park personnel, at their exclusive discretion, may terminate at any time, the camping permit of any campsite, if any occupant violates any policy, rule or regulation established by the director or violates any applicable provision of the County Code or any state or federal law.

(f) Camping Permits. At all campgrounds within a county park, camping permits shall be affixed by the camper to his/her site marker or vehicle. Park personnel are authorized to remove from any campsite any person and his/her property who is camped at such campsite without the payment of the fee, to the extent such fees are required. It is unlawful for any person to remove another person's camping permit from a site marker.

(g) Vehicle Parking at Campsite. At all campgrounds within a county park, it is unlawful for any person to park more than two vehicles per campsite without specific prior authorization from park personnel.

(h) Camping Check-In and Check-Out Times. At all county campgrounds within a county park, check-out time is eleven a.m. And check-in time is three p.m. Unless specific authorization to check-out at a later time is secured, in advance, through park personnel.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Vessel Inspections. Prior to being issued a vessel permit for day use at any county park or facility, all vessels, vessel trailers and/or vehicles used to transport and/or tow said vessel, are subject to inspection by park personnel and/or peace officers with concurrent jurisdiction to assure compliance with this chapter, and all other applicable local, state and federal ordinances, rules, laws and regulations including those pertaining to health, safety and sanitation. Park personnel or peace officers with concurrent jurisdiction may inspect any vessel, trailer or vehicle used to transport or tow said vessel within any county at any time for compliance with all applicable laws, rules, and/or regulations.

If, after a permit is issued, it is determined that a vessel, vessel trailer or vehicle is in violation of this chapter, or any applicable local, state and/or federal rules, laws and regulations, including without limitation those pertaining to health, safety, sanitation, or relating to invasive species which pose a threat to the waters within county parks or related infrastructure, then the permit or any local inspection certification for such vessel may be revoked and the vessel, trailer, and/or vehicle removed from the waters of the county park. Any person who refuses to allow such inspection shall immediately remove his/her vessel, trailer and/or vehicle from the waters of the county park or facility. It shall be unlawful for any person to operate a vessel on the waters of any county park when such vessel does not comply with all applicable local, state, and federal laws, rules and or regulations.

(b) Restricted Use Zones, Closed Areas, and Speed Zones. The director or designee is authorized to establish and designate vessel use zones on waters within a county park or facility including speed zones, closed areas, sailing areas, non-powered boat areas, swim areas, and other special use areas as deemed reasonably necessary for the convenience, health, and safety of the general public and their property. It is unlawful for any person to operate a vessel within such prohibited areas designated by standard waterway markers. The director or designee is authorized to designate parts of waters within a county park or facility for the exclusive use of such specific classes of vessels and during such specific times as will best serve the interests, safety, and health of the boating public. The director shall post or otherwise mark or communicate the designated and restricted areas. It is unlawful for any person to operate a vessel in a restricted or special speed zone at speeds in excess of that posted by waterway markers in the area in which the vessel is operating or at speeds too dangerous for the conditions. Vessel speed limits shall be designated and posted by the director or designee.

(c) Vessel Operation Time Restriction. It is unlawful for any person to operate or occupy any vessel on any waters within a county park between the time of one-half hour after sunset and one-half hour before sunrise.

(d) Closure of Waters. The director or designee is authorized to close any waters within a county park or portions thereof, to boating and fishing, for any of the following reasons:

(1) Dangerous water or weather conditions.

(2) Unsatisfactory ramp, parking, or road conditions.

(3) Construction or movement of ramp facilities.

(4) Or any other reasons which may affect public health, safety or security.

(e) Landing and Launching Vessels. It is unlawful for any person within a county park to land, launch, beach, weigh anchor or cast off any vessel except at an approved dock or ramp, or at such beaching areas as are specifically designated by the director or designee.

(f) Mooring to Buoys or Other Navigation Aids Prohibited. A person shall not moor any vessel to any aid to navigation at any lake within a county park, except in an emergency. A person shall not moor, dock or berth a vessel, or any other object, overnight except in mooring, docking, or berthing areas so designated and posted by the director or designee. The director or designee may specify time limits for the mooring, docking, or berthing of a vessel, or any other object at mooring, docking, or berthing facilities, and it shall be unlawful to moor any vessel in excess of such time limits. Any vessel so moored shall be at the owner's sole risk and the department assumes no liability or bailment obligation pertaining to damages, loss or theft.

(g) Private Mooring Prohibited. It is unlawful for any person to place any private mooring facilities on any county park or facility or upon any water within a county park or facility, without first having obtained the approval of the county for such installation.

(h) Vessel Capacity. No vessel, which is occupied by a number of persons greater than the rated capacity of the vessel, shall be operated or used in or upon any waters within a county park. If a vessel is without a capacity plate its total capacity shall in no case exceed the number of persons derived from the following formula; vessel capacity equals vessel length times the vessel width divided by fifteen.

(i) Kayaks—Inflatable Boats. Unless otherwise permitted by the director or designee, it is unlawful for any person to operate within the waters of any county park, any boat not of standard design, as determined by the director or designee. A canoe, kayak, raft, and/or inflatable hydrohull boat which is of standard design is permitted on waters within any county park, with the prior written authorization of the director or designee. Inflatable boats with two or more air chambers, floorboard, and rigid transom, and folding boats may be permitted on the waters of any county park, with the prior written authorization of park personnel, if such boats have a Coast Guard certificate of operation or otherwise appear seaworthy for use on the lake.

(j) Vessels on Lake—Camping on Vessel. It is unlawful for any person within a county park or facility to do any of the following acts:

(1) Keep any vessel on a lake shore overnight except in an area designated and posted for such purpose.

(2) Operate or occupy any vessel for the purpose of camping while afloat during the hours when a lake is closed to boating.

(k) Unattended Vessels. It is unlawful for any person to leave any vessel unattended for more than twenty-four hours except in designated storage areas unless that person is a camper, in which case the vessel may not reside in any one location longer than the span of time in which that person is camping within the park. Park personnel are authorized to impound any vessel involved in a violation of this section, and to charge a reasonable fee or fees for such towing and storage. The county shall have a possessory special lien on such vessel until such charges are paid. Any impounded vessel not claimed by the owner within thirty days shall be considered abandoned and after written notification of such impounding may be sold by the director or designee at public auction. From the proceeds of such sale the cost of impounding and auction shall first be deducted and retained, and the remainder, if any, shall be paid to the owner.

(l) Vessel Operation by Incapable Persons. It is unlawful for any person to use a vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(m) Vessel Passenger Seating. It is unlawful for any person to allow any person to ride or sit on either the gunwales thereof or on the decking over the bow of any vessel while under way unless such vessel is provided with adequate guards or railing to prevent passengers from being lost overboard. Nothing in this section shall be construed to mean that passengers or other persons aboard a vessel cannot occupy the decking or the bow of a vessel to moor or cast off from a landing, or for any other necessary purpose.

(n) Sanitation and Pollution. The director or designee is authorized to establish and designate health, sanitation and pollution standards for vessels operating at lakes within county parks. To protect the water within county parks it shall be unlawful to:

(1) Launch or place into contact with any waters within county parks, any vessel or vessel trailer that is polluted, infested with invasive aquatic species, or is not seaworthy or sanitary. All vessels must be "cleaned, drained and dry" before being placed into any waters within county parks, and in order to receive a permit to launch or any required local inspection certification to operate on any waters.

(2) Launch any vessel possessing a sink drain or toilet facility unless such drain or toilet is sealed or otherwise rendered inoperable or designed so that no waste can be discharged into surrounding water.

(3) Operate a bilge pump on any water within a county park except in emergency or in a place specifically designated for such purposes.

(4) Allow waste from any vessel washing to discharge into any water within a county park or facility.

(5) Have, use or operate a vessel or vessel trailer on any waters within county parks that does not meet such minimum health, safety or pollution standards, and does not have any required local permit or local inspection certification.

(o) Avoidance of Trolling Lines. It is unlawful for any person to operate any vessel without allowing at least two hundred fifty feet clearance behind trolling fishing vessels to avoid fouling the trolling lines. Said trolling fishing vessels shall be designated by display of a white flag.

(p) Boating Activities. No boat regatta, race, tournament or exhibition shall be held on any waters within any county park without the prior written approval of the director or designee.

(q) Exemptions from Vessel Permit Requirements. Vessels owned or used by the department or the San Luis Obispo County sheriff's department may not be required to obtain vessel permits or other local inspection certifications.

(r) Power-driven Vessel Operator. Pursuant to Harbors and Navigation Code Section 658.5, except as provided below, no person under sixteen years of age shall operate a vessel powered by a motor of greater than fifteen horsepower, except for a vessel that does not exceed thirty feet in length and is designed to use wind as its principal source of propulsion, or a dinghy used directly between a moored vessel and the shoreline or between a moored vessel and another moored vessel. No person between the ages of twelve and fifteen years of age shall operate a vessel powered by a motor of greater than fifteen horsepower, or a vessel that exceeds thirty feet in length and is designed to use wind as its principal source of propulsion, unless the person is accompanied in the vessel by a person who is at least eighteen years of age and who is attentive and supervising the operation of the vessel.

(s) Personal Watercraft. Personal watercraft is defined as a recreational watercraft, such as a jet-ski or wave runner, designed to carry one to three persons and to be operated by a person while sitting, standing or kneeling rather than the conventional manner of sitting or standing on the inside of the watercraft. The operation of a personal watercraft within any waters of a county park is prohibited except where posted by the director or designee.

(t) Windsurfing.

(1) Windsurfing, para-surfing, or other wind-powered activities may be conducted in only those areas and/or waters within a county park and at those times as are designated by the director.

(2) When directed by park personnel, any person engaging in windsurfing, para-surfing or related activity shall discontinue said activity and remove their equipment from the water.

(u) Aquaplaning.

(1) Aquaplaning may be conducted in only those areas and/or waters within a county park or facility and at those times as are designated by the director.

(2) When directed by park personnel, any person engaging in aquaplaning or a related activity shall discontinue said activity and remove their equipment from the water.

(3) No more than two persons shall be towed together at any one time by any one vessel while aquaplaning.

(4) It is unlawful for any person to engage in trick and/or stunt waterskiing at any county park or facility, unless otherwise permitted by director or designee.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Hunting. Hunting is strictly prohibited in any county park or facility.

(b) Restricted Fishing Areas. Fishing is permitted within waters of any county park or facility except at such times and places as may be designated by the director or designee and so posted.

(c) State Laws Applicable to Fishing. In lakes, ponds or streams in any county park, state laws regulating fishing, including the use of live baits and the taking of game fish, shall apply.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Skin Diving and Other Underwater Activities. It is unlawful for any person to engage in skin diving or underwater diving requiring apparatus for underwater breathing, or engage in any other underwater activity requiring such breathing apparatus in any waters within a county park, unless otherwise permitted by the director or designee.

(b) Diving or Jumping. It is unlawful for any person to dive or jump into any body of water in a county park, unless otherwise permitted by the director or designee. It is unlawful for any person to dive or jump from any pier owned, operated, or managed by the county, unless otherwise permitted by the director or designee.

(c) Swimming or Floating. It is unlawful, without prior written approval from the director, for any person within the waters of a county park or facility to swim or float (using devices such as rubber crafts and surfmats) farther than fifty feet from the shoreline or outside an area designated for such use by floating lines or buoys, except while aquaplaning or in accordance with Section 11.04.100(i) above. The director or designee may designate additional swim areas beyond fifty feet from the shoreline. It shall be unlawful for any person to wade, swim, or otherwise sit in the waters of any county park where such use has been posted as prohibited.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Skateboard, Skates, and other Wheel Recreational Devices. No person shall ride, skate or use skateboards, skates or other wheeled recreational devices in any county park or facility where such prohibition has been posted giving notice thereof.

(1) For purposes of this section, "skateboard" means a mechanism with wheels that are fastened to a platform commonly constructed to accommodate a standing person. Skateboards are normally propelled by the operator pushing off the ground with one foot, or by the force of gravity.

(2) For purposes of this section, "skates" means any footwear device which may be attached to the foot or footwear, to be used to aid the wearer in moving or propulsion, including in-line skates, roller blades, roller skates, roller skate shoes, and roller shoes.

(3) For purposes of this section, "other wheeled recreational devices" means nonmotorized bicycles, scooters, in-line skates, roller skates or wheelchairs.

(b) Helmet, Elbows Pads and Knee Pads Required. It is prohibited for any person to ride a skateboard, skates or other wheeled recreational device in a county skate park unless that person is wearing a helmet, elbow pads and knee pads.

(c) Posting of Signs at Skate Park. Signs shall be posted at all county skate parks giving notice that any person riding a skateboard, skates, or other wheeled recreational device must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation.

(d) Model Airplanes and Rockets. It is unlawful for any person to launch, fly, or land any model airplane, rocket or similar device, or to operate any fuel-propelled or jet powered model, in any county park or facility except in areas that may be specifically designated by the director or designee.

(Ord. No. 3272, § 1(Exh. A), 10-7-14; Ord. No. 3387, § 1, 5-7-19)

It is unlawful for any person to do any of the following:

(1) Bring a horse or other similar animal into any county park of facility for which a day use fee has been established for such use without first having paid said fee.

(2) Ride, lead, allow or possess any horse, mule, donkey, or other similar animal in any county park or facility except on established equestrian trails or in such areas specifically designated by the director or designee for equestrian use.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Animals in County Parks and Facilities. An owner or person responsible for the control of a dog or other animal may bring such animal into a county park subject to the following conditions, requirements, and mandates:

(1) Dogs and other animals must be controlled by a leash not exceeding six feet in length, or by a bridle, unless in an area specifically designated for such use.

(2) Dogs in a designated off-leash area must be at all times under the control of and visible to the owner or person in control of the dog.

(3) It shall be unlawful to leave an animal unattended or abandoned.

(4) It shall be unlawful to allow an animal to be in any portion of a county park or facility where specifically prohibited.

(5) Except for dogs less than five months of age, it shall be unlawful to bring a dog into, permit a dog to enter or remain, or possess a dog in a county park or facility without a valid license for the dog.

(6) It shall be unlawful to keep or permit to remain in any county park or facility any noisy, vicious, or dangerous animal, or an animal that unduly disturbs, bothers, inconveniences, or endangers other persons.

Service dogs shall be exempt from these provisions.

(b) Animal Waste. The owner or any person responsible for bringing an animal, bird, or reptile into any county park or facility shall be responsible for removing any waste or refuse left by that animal and shall deposit it in a proper receptacle.

(c) Restricted Animal Access on Waters. Unless in an approved vessel, animals, birds, and reptiles are not permitted in any waters within a county park or facility without prior written authorization by the director.

(d) Restricted Animal Access at Golf Courses. It is unlawful for any persons to bring any animals, birds, or reptiles onto a county golf course. Service dogs shall be exempt from this prohibition.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

It is unlawful for any person within a county park or facility to commit any of the following acts:

(1) To dump or deposit any trash, refuse, garbage, litter or any kind of waste materials except in approved containers specifically placed and designated to receive such waste materials. For purposes of this section, an incinerator, stove, fire ring, barbecue, or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material.

(2) To permit or to cause any camper, trailer or tent trailer with a sink, shower drain or flush toilet, camped at a site other than one with a sewer hook-up, to fail to comply with any of the following requirements:

a. All holding tanks in any such camper, trailer or tent trailer shall be sealed upon entry into any county park or facility.

b. All sewage waste must be disposed of at a designated sewer disposal station provided within any county park or facility.

c. All waste water from sinks and/or shower drains shall be caught in a bucket or designed so as not to allow any spillage.

d. All waste water caught in a can or bucket shall be disposed of into approved drains or receptacles provided within any county park or facility.

(3) To import or deposit any hazardous material or litter into or in any county park or facility from other places.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

(a) Fire in Stoves. No person shall light, build, use, or maintain a fire at any county park or facility except in a camp stove or a fire pit provided, maintained, and designated for such purpose, except that portable camp stoves, barbeques, or other approved devices may be used in designated areas of established campsites or picnic areas.

(b) Burning and Combustible Materials. It is unlawful for any person at a county park or facility to throw, place or otherwise dispose of any burning material except into authorized fire pits or other designated containers. It is unlawful for any person at a county park or facility to dispose of combustible materials other than in trash cans.

(c) Unattended Fires. It is unlawful for persons within a county park or facility to leave any fire unattended or to fail to put out a fire prior to departure, or to leave a fire burning unattended while one sleeps.

(d) Smoking in Areas Posted as No Smoking or Hazardous Areas. It is unlawful for any person to smoke in any part of a county park or facility where there exists conditions of a fire hazard, as indicated by posted signs or otherwise designated, or where notice of such prohibition is posted by signs.

(e) Fireworks and Explosives. It is unlawful for any person to receive, bring, fire or have in his/her possession within any county park or facility, any fireworks or other explosive substance, without a written permit by the director or designee.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

No person shall, within any county park or facility, possess, use or discharge any firearm, pellet gun, bow and arrow, crossbow, or slingshot except for a peace officer, or a person, other than a peace officer, who is employed by, or in the service of, a governmental agency which authorizes him or her to carry or use any of said weapons or devices in the performance of his or her official duties and who is on official duty.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

It is unlawful for any person within a county park to land, take-off, or use any seaplane, aircraft, or any other device capable of carrying a person in the air, including, without limitation, a hang glider, hot air balloon, and paraglider, except in emergency situations or unless authorized in writing in advance by the director, or as may be permitted in specially designated areas.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)

It is unlawful for any person in any county park or facility to play a radio, television set, or other sound amplifying device or equipment in such a way as to interfere with the enjoyment of the park or facility by members of the general public using the park or facility or with the peaceful and quiet enjoyment or persons lawfully occupying private property outside of the park or facility. It is unlawful for any person to operate any public address system or sound amplifying equipment within any county park or facility without securing a permit, in advance, from the director or designee.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)