San Rafael Municipal Code Ch. 5.64 Fire Trails, Hiking Trails, Open Space and Park Lands

The following words when used in this chapter shall have the following meaning:

MOTOR VEHICLE. "Motor vehicle" includes any wheeled conveyance of any type whatsoever, which is motor powered, including but not limited to, motorcycles, motor bikes, automobiles and trucks.

FIRE TRAIL. "Fire trail" means any road, path, clearing, graded area, or right-of-way established and/or maintained on public or private property primarily for fire fighting and/or fire protection purposes.

HIKING TRAIL. "Hiking trail" means any road, path, clearing, graded area, track or right-of-way established and/or maintained on public or private property primarily for hiking, camping, and public recreation purposes.

OPEN SPACE. "Open space" means any land owned by the city which has not been developed for park, recreational or other purposes and is being maintained in its natural condition, and all lands under contract with the city as open space easement or preserve or scenic easements when agreed to by the owner of the land.

PARK LANDS. "Park lands" means any lands owned by the city which have either been improved for park or recreational purposes or as a park designated by the city council of San Rafael.

(Ord. 1123 § 1 (part), 1973).

It is unlawful for any person to operate a motor vehicle, other than a publicly owned motor vehicle, on, over or across any fire trail, hiking trail, open space or park lands, without first securing a permit from the city manager or his authorized representative. A violation of this section is a misdemeanor and shall be punishable pursuant to the provisions of Section 1.12.010 of this code.

(Ord. 1123 § 1 (part), 1973).

In the event any person, group or organization desires in conjunction with approved use of any open space or park lands to take thereon a motor vehicle, they shall make application to, and be granted a permit by, the city manager or his authorized representative. The permit shall only be granted in conjunction with an authorized use of the open space and park lands owned by the city. Public utility companies may be granted a permit for the purpose of installing, maintaining or servicing their own equipment and/or facilities.

(Ord. 1123 § 1 (part), 1973).

Any person whose application for a permit is denied by the city manager or his authorized representative, may appeal such decision in writing to the city council within ten days after such denial. The city council shall thereupon conduct a hearing on the appeal at its next regular meeting. The city council's decision shall be final.

(Ord. 1123 § 1 (part), 1973).

Any employee of the police department, fire department, or any other duly designated city employee having jurisdiction over a fire trail, hiking trail, open space or park lands is a peace officer for the purpose of enforcing this chapter.

(Ord. 1123 § 1 (part), 1973).