Santa Barbara County Municipal Code § 26-21 Restriction on audio devices by park personnel

As used in this chapter, the following terms shall have the meanings as designated:

"County beach" or "public beach" means any area adjoining a body of water which is subject to public recreation use, including active and passive uses, and including the area of water one hundred yards out from shore, and including, also, any area of such body of water as is marked and identified as a special use area.

"County park" means an area dedicated to public recreational use and designated by the county board of supervisors as a county park.

"County recreation area" or "recreation area" means any area of the county dedicated for park, recreation, trails or open space use, or subject to an easement for active or passive public recreational use, including without limitation, any county park, trail, open space, lake, beach and beach access easement.

"Director" shall mean the director of community services or his/her designee.

(Ord. No. 3708, § 1; Ord. No. 4781, § 1, 3-12-2011; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

The community services department is authorized to enforce the provisions of this chapter and to provide for regulations, as required, for the safe, healthful, and orderly use of recreation areas; to prevent the misuse of such areas; and to protect the peace, health, safety and welfare of the general public and park resources as the director and staff of the community services department determine to be necessary.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

The community services director, any deputy director, any park operations manager, any agent employed or contracted for to provide lifeguard services, or any other person designated by the community services director, are public officers as identified in Penal Code Section 836.5. These public officers are specifically authorized to enforce the laws and ordinances necessary for the orderly use of parks and recreation areas, for the protection of public property, and the health, safety and property of park visitors while within property owned or leased by the county, or over which the county has an easement or dedication for recreation purposes, or over which the county exercises responsibilities for recreation by arrangement with the owner. Such public officers are authorized to issue citations requiring an appearance to answer charges whenever the officer has reasonable cause to believe that a person has committed an act or offense within the officer's presence which is a violation of this chapter, or is a public offense, within or in the immediate vicinity of and which affects the use, benefits and/or enjoyment of property owned or leased by the county; or over which the county has an easement or dedication for recreational purposes; or over which the county exercises responsibility for recreation uses or services by arrangement with the owner.

(Ord. No. 3708, § 1; Ord. No. 4781, § 1, 3-12-2011; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

Any person designated by the county as a park ranger and regularly employed and paid in that capacity, including park rangers regularly employed by another local agency and authorized pursuant to a contract between that local agency and the county for the performance of municipal services, are peace officers as identified in Penal Code Section 830.31. These peace officers are specifically authorized to enforce the laws and ordinances necessary for the orderly use of parks and recreation areas, for the protection of public property, and the health, safety and property of park visitors while within property owned or leased by the county, or over which the county has an easement or dedication for recreation purposes, or over which the county exercises responsibilities for recreation by arrangement with the owner. Such park rangers shall have the authority described at Penal Code Section 830.31. Furthermore, such park rangers are specifically authorized to issue citations requiring an appearance to answer charges whenever the officer has reasonable cause to believe that a person has committed an act or offense within the officer's presence which is a violation of this chapter, or is a public offense, within or in the immediate vicinity of and which affects the use, benefits and/or enjoyment of property owned or leased by the county; or over which the county has an easement or dedication for recreational purposes; or over which the county exercises responsibility for recreation uses or services by arrangement with the owner.

(Ord. No. 4965, § 1, 5-10-2016)

Community services department personnel are authorized to revoke any permit, certificate or decal which has been unlawfully or erroneously issued; or if such employee has reasonable grounds to believe that the person exercising it or the person to whom it was issued has violated any provision of this chapter or of any applicable law, rule or regulation, in which case the person may also be expelled from the recreation area.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

User fees shall be established by the board of supervisors, by ordinance or resolution. When fees are required, it is unlawful for any person to enter a county recreation area or other applicable area without first paying the appropriate fees and/or obtaining the appropriate permits. The board of supervisors, upon recommendation by the community services director, may modify or waive required fees.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

(a) Any entry into or use of a county recreation area, requiring a fee established pursuant to this chapter, which is made without paying or receiving a modification of that fee; and any use or entry in violation of the terms of any permit required for such use or entry; and any violation of any provision of this chapter is a crime. Unless otherwise provided in this Code, the offense may be filed as either an infraction or as a misdemeanor, at the discretion of the district attorney of the county, or deputy.

(b) A person shall upon conviction be guilty of a separate and distinct offense for each and every day or portion thereof during which any violation of this chapter is committed, continued or permitted.

(c) Any violation of the provisions of this chapter by any person is also subject to administrative remedies as provided in chapter 24A of this Code.

(d) The remedies or penalties provided by this Code are cumulative to each other and to other remedies or penalties available under all other laws of this state and shall not be construed to restrict any remedy provided by law.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

The director of community services, any deputy director, any park operations manager, any park ranger, any agent employed or contracted to provide lifeguard services, or any other person designated by the community services director, shall have the authority to eject from any county recreation area any person who is in violation of any of the provisions of this chapter or of any use or entry restrictions applicable to the area, or where necessary to protect safety or property. A person ejected may not return to the recreation area for a minimum of twenty-four hours next following the ejection. The director of community services, any deputy director any park operations manager may extend the time during which a person ejected may not return to the recreation area. It shall be unlawful for any person who has been ejected from a county recreation area to return to that recreation area in violation of the provisions of this section or within the time limits provided, or that may be provided pursuant to this section.

(Ord. No. 3708, § 1; Ord. No. 4781, § 1, 3-12-2011; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

The director of community services, any deputy director, any park operations manager, any park ranger, any agent employed or contracted to provide lifeguard services, and other person designated by the community services director, shall have the authority to seize and confiscate or impound any property, vehicle, thing or device in the park used or maintained in violation of this chapter.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

The director of community services is authorized to provide for reservations of special permits for portions of county recreation areas as the director may specify. No person shall obstruct or interfere with the use of those specified areas by the person or persons to which a reservation or special permit has been issued.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

County park facilities will be open for public use no later than 8:00 a.m. in the morning and will be closed at sunset. The director of community services is authorized to establish such other hours of operation as may be determined appropriate by the director of community services. It shall be unlawful for any person to use park facilities outside of the hours of operation posted within or at the entry of a county park.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

The personnel of the community services department may declare an area within a county recreation area to be a restricted area, not open to public use, not open for vehicle use, or may close facilities, to protect against contact with sanitary hazards, construction activities, maintenance activities, dangerous or unsafe conditions; to protect recreational features or facilities; to conserve resources; or for other cause. It shall be unlawful for a person to enter an area signed, posted or marked as restricted, not open to public use, closed to public use or closed; or to operate a vehicle within an area in violation of posted restrictions.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall commit any act of vandalism, defacement or malicious mischief in any portion of any county recreation area, including, without limitation, defacing or damaging any vegetation, equipment, signs, vehicles, buildings, landscaping features, or other public or private property.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

(a) No person shall use any loud, boisterous, abusive, insulting, threatening or indecent language or gesture, or engage in any disorderly conduct or behavior tending to be a breach of the peace within the county recreation area.

(b) No person shall display, possess, furnish, use or bring within any county recreation area, any drug, substance or object restricted under any provision of the California Penal Code, California Health and Safety Code or California Business and Professions Code unless properly licensed or authorized for such possession or activity.

(c) No person shall urinate or defecate or dispose of garbage, trash or other unsightly or offensive material within a recreational area other than in appropriate facilities provided for such purpose.

(d) Smoking is prohibited and/or regulated as set forth in chapter 37.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall occupy or use any public restroom within any county recreation area for a period of time in excess of thirty minutes during any consecutive three-hour period. No person shall accost, annoy or solicit another person in any recreation area.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall enter or remain in any portion of a county recreation area that is demarcated with signs stating "No Entry," "Keep Out," "No Trespassing," "Closed" or other prohibition of entry. No person shall enter or remain in any portion of any county recreation area outside of the hours of operation posted at or in such recreation area.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall solicit, sell, hawk, offer or provide in a commercial context, any goods, wares, services, merchandise, liquids or food; or advertise or distribute any written or printed material within any county recreation area except by concession agreement or upon the specific authorization of the director of community services or deputy. No person shall offer, conduct or deliver lessons, services or amusements within any recreation area except by concession agreement or authorization of the director of community services or deputy.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

(a) No person shall sell or offer in a commercial context any alcoholic beverage in any county recreation area except by concession agreement or written authorization from the director of community services or deputy director.

(b) No person who has not attained the age of twenty-one years shall use or possess any alcoholic beverage within any county recreation area.

(c) The board of supervisors may, by resolution, designate any county recreation area as an area in which the possession of any open container or use of alcohol is prohibited. Upon passage of such a resolution, the community services director shall cause signs to be posted in the area subject to the prohibition. After the posting of signs, no person shall use or possess an open container of alcohol in a county recreation area designated pursuant to this section.

(d) The board of supervisors may, by resolution, designate any county recreation area as an area in which the possession of an open container or use of alcohol without a permit is prohibited. Upon passage of such a resolution, the community services director shall cause signs to be posted in the area subject to the prohibition. After the posting of signs, no person shall use or possess an open container of alcohol in a county recreation area designated pursuant to this section except by permit.

(e) The community services director, or designee, may establish conditions and issue event permits for the possession and consumption of alcoholic beverages by designated persons within areas designated pursuant to subsections (c) and (d).

(f) Violation of section 26-17(c) or (d) is an infraction, the fine for which shall be assessed in accordance with California Government Code Section 25132.

(Ord. No. 3708, § 1: Ord. No. 4560, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

Threatening, resisting, intimidating, or interfering with anyone authorized to enforce park rules pursuant to the chapter in the performance of his official duties is unlawful.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall discharge or set off within any portion of any county recreation area, any firecracker, torpedo, rocket, fireworks, or other pyrotechnic device of any kind.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall willfully or continue to make an excessively loud or unnecessary noise which unreasonably disturbs the peace or enjoyment of a park, thereby causing substantial discomfort or annoyance to any reasonable person of normal sensitivities that are present in the park or in its immediate proximity.

The director of community services and any deputy director, any park operations manager, any park ranger, any agent employed or contracted to provide lifeguard services, or any other person designated by the community services director, shall have the authority to determine appropriate level of sound for the purposes of enforcing this section.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

After once being notified to restrict or reduce the use of, or refrain from the use of any audio device of any nature within any county recreation area by anyone authorized to enforce park rules pursuant to this chapter, it shall be unlawful to use, maintain or employ the use of such device except in conformity with the restriction imposed.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall land, launch or operate any aircraft, including, without limitation, any balloon designed to carry passengers, airplane, hang glider, ultralight airplane, glider, drone or flying apparatus on or within any county recreation area except in case of emergency or with the prior written permission of the director of community services or deputy.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall land, launch or operate any model aircraft, whether gas-powered or electric or other propulsion, within any county recreation area except in posted designated areas or with prior written permission of the director of community services or deputy director.

(Ord. No. 4781, § 1, 3-12-2011; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall construct any structure, conduct any excavation, or place any device or fixture, in any permanent or temporary fashion within any county recreation area without the approved permit or permission in writing of the director of community services or deputy director.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No guy wire, guy rope or exterior brace or support shall be connected, fastened or maintained between any permitted tent or structure or part thereof which creates an unsafe environment or walkway area within any county park.

(Ord. No. 3708, § 1; Ord. No. 4781, § 1, 3-12-2011; Ord. No. 4965, § 1, 5-10-2016)

No person shall gather flowers, foliage, berries, herbs, fruit, seeds, or cut, break, dig up or in any way mutilate, injure, or transplant any tree, shrub, plant, fern, grass, turf, landscaping, natural feature, railing, seat, fence, equipment, structure or other object or device within any county recreation area, except by permit of the director of community services, or deputy director.

(Ord. No. 3708, § 1; Ord. No. 4781, § 1, 3-12-2011; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall injure, take, kill or molest any bird, mammal, reptile or other animal or disturb its habitat in any county recreation area except by permit of the director of community services, or deputy director.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall build, use or maintain any open fire within any recreation area that is deemed to be unsafe by individuals defined in section 26-3. This includes any fire within any county recreation area during a period of time declared to be a time of high fire hazard by park division personnel, except as specifically permitted by the director of community services, or deputy director. Public notices of high fire hazard shall be posted within the recreation area when applicable. Bonfires/open flames, BBQs are prohibited on county beaches, unless approved by the director of community services or designee or it is a camping park designated fire pit.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall dig up or remove any dirt, stones, sand, rocks or other materials or substance whatever, or make any excavation, quarry any stone or lay or set off any blast or explosion or cause or assist in doing any such activity within any county recreation area without the prior written permission or license of the director of community services, or deputy director.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall dump or deposit any trash, refuse, garbage, litter or other kind of waste materials in any county recreation area except in approved containers specifically placed and designated to receive such waste material.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall contaminate or pollute the waters of, or introduce any noxious, flammable, hazardous, poisonous or offensive substance within any lake, slough, creek, stream or other body of water within or adjoining any county recreation area.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall bring waste material or garbage or other offensive or surplus material onto the premises of any county recreation area for the purpose of dumping it, leaving, placing or abandoning it within the recreation area without the express consent of the director of community services, or deputy director.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall bring, place or leave any vehicle or equipment or other personal property within a county recreation area for a period exceeding seventy-two hours, or for the purpose of disposing of it, or to abandon it.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall permit or cause to be placed any wastewater, sewage, effluent, discharge from sinks or toilets or other plumbing fixtures, oil, fuel or other hazardous, obnoxious or offensive substance upon or into the ground or water within any county recreation area.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall deposit any bodily waste within any county recreation area except into receptacles provided and suitable for the deposit made.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

No person shall post, place or erect any paper, notice, advertising material, sign or similar structure or publication within any county recreation area without the specific consent of the director of community services, or deputy director.

(Ord. No. 3708, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

(a) No person shall appear in any county recreation area or exposed to public view within a county recreation area, including specifically a view from any residence or any portion of the real property in the immediate vicinity of such residence, whether such place is publicly or privately owned, unclothed or in such a state of undress as to expose, in the case of a female, any portion of her breast or breasts below the areola thereof, or in the case of any male or female, any part of his or her pubic, genital, or anal region.

(b) The provisions of this shall not apply to any acts which take place wholly within the privacy of a tent, boat and/or recreation vehicle which are not exposed to public view.

(c) A violation of this section shall be an infraction, the fine for which shall be assessed in accordance with California Government Code Section 25132.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

Except as may be required of peace officers, or as may be authorized in writing by the director of community services for purposes of allowing bow fishing in accordance with state law, no person shall bring any firearm, air powered, gas- or spring-propelled weapon, slingshot, bow, cross-bow, blowgun or other device designed, intended or customarily used to harm, threaten or damage any person, animal or thing into any county park or county beach. Cutlery, utensils, saws and hatchets, properly used in context with the preparation of food, shall be excepted from this prohibition. The community services director or designee may issue permits authorizing the possession of bow fishing equipment and use of such items under conditions and limitations deemed appropriate by the director.

(Ord. No. 3708, § 1; Ord. No. 4760, § 1, 9-28-2010; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

No person shall camp; conduct any housekeeping; or stay overnight in any county recreation area except in designated camp sites in accordance with the rules, regulations and entry requirements required for said campsites.

(Ord. No. 3708, § 1; Ord. No. 4965, § 1, 5-10-2016)

(a) It is unlawful for any person to use any vehicle or recreational vehicle or trailer for the purposes of sleeping or human habitation or camping purposes in any county recreation area unless otherwise provided for or pursuant to a valid lease from the county or by specific written permission or authorization from the board of supervisors;

(b) Oversized Vehicles in Recreation Area Parking Lots. All vehicles over twenty feet in length are prohibited from entering or using any parking lot, excepting those vehicles exempted by the director of community services.

(c) Oversized Vehicles in Beach Park Parking Lots. All vehicles over thirty-three feet in length are prohibited from entering or using any beach parking lot, excepting those vehicles exempted by the director of community services.

(d) Oversized Vehicles in Designated Beach Park Parking Lots. The director of community services shall designate parking spaces in parking lots, including a limited number of oversize parking spaces, by signs, pavement stripes or other means of designation.

(1) Parking in Designated Parking Stalls Only. No vehicle shall be stopped, left standing or parked in any parking lot, other than within a single marked stall designated for that size of vehicle.

(2) Parking in Marked Stalls Only. No vehicle shall be stopped, left standing or parked in any parking lot, at angles, horizontally, diagonally or otherwise across the lines marking a parking stall designated for parking a vehicle.

(3) No Parking in Oversized Stalls. No vehicle that is less than twenty feet in length shall be stopped, left standing or parked in any parking lot within a parking stall designated for an oversize vehicle.

(4) No Parking of Oversized Vehicles in Passenger Vehicle Stalls. No vehicle that is over twenty feet in length shall be stopped, left standing or parked in any parking lot, within a parking stall designated for passenger vehicles of ordinary length (less than twenty feet).

(e) No Personal Property in Parking Stalls. No person shall occupy, fill or obstruct a space designated for parking in any parking lot with any personal property other than a vehicle appropriate for the size of the parking stall, except by special permit of the director of community services.

(Ord. No. 4965, § 1, 5-10-2016)