Santa Clara County Municipal Code Art. 2 Park Custody

(a) Subject to the supervision of the County Executive, the Director has the discretion to issue Valid Permits, to set administrative policies and procedures for the Department and to oversee compliance with and implement this Division.

(b) Whenever a menace to public health or safety is created by calamity or natural disaster, or when in the opinion of the Director a hazardous condition exists due to overcrowding or civil disorder, the Director may close any Park or Park facility to prevent further public entry and may direct the public to vacate the Park facility or Park.

(c) The Director 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 Park Areas. The Director shall declare an area prohibited or limited by written or verbal 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 Director may prescribe. The order may also limit the number of persons in an area.

(d) The Director may allow and require the use of buildings and facilities in Parks under such rules and regulations as will ensure orderly and safe use of property. For the safety and welfare of residents of Santa Clara County, the Director may restrict the use of the whole or any portion of any facility or equipment located in a Park or controlled, operated, or managed by the Department by controlling the type of activities. The Director may regulate or prohibit such activities or uses which are or may be hazardous, or which may endanger property, or which are not otherwise legal or allowed by federal, state, or County laws, rules, regulations policies, or ordinances. The Director may cause signs or notices to be posted to such effect.

(e) A person who willfully or knowingly enters an area closed, prohibited, or limited under Subsection (b), (c) or (d) of this Section or who willfully remains within such area after receiving notice to evacuate or leave or who otherwise violates any of the provisions of Subsection (b), (c) or (d) of this Section is guilty of a misdemeanor.

(Ord. No. NS-702.93, 1-9-18)

Except for conduct expressly declared in this Division to constitute a misdemeanor, any person who violates any provision of this Division pertaining to the Department or any Park Property, or fails to comply with any of the requirements of this Division, is guilty of an infraction. Every violation determined to be an infraction is punishable by:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation of the same provision of this Division within one year;

(3) A fine not exceeding $500.00 for each additional violation of the same provision of this Division within one year.

Every violation determined to be a misdemeanor is punishable by a fine of not more than $1,000.00 per violation, or imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment. Each person is guilty of a separate offense for each and every day during which any portion of any violation of any part or provision of this Division is committed or permitted by any such person to be committed, and shall be punishable accordingly. These remedies are in addition to any other remedies provided in this Division or any other law, ordinance, or regulation. Any one or more violations of this Division may constitute a public nuisance punishable by other provisions found elsewhere in this Code or in other applicable laws.

(Ord. No. NS-702.93, 1-9-18)