Santa Clara County Municipal Code Art. 4 Fish; Wildlife

In Park Waters, local, state, and federal laws regulating or prohibiting the taking of fish apply.

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

(a) The Director may, but is not required to, designate certain ponds for fishing by minors who are not over the age of 12 years or under the age of five years. The Director shall designate by clear and legible signs or posters the ponds set aside for fishing by minors who are not over the age of 12 years nor under the age of five years.

(b) Fishing is prohibited at areas designated in Subsection (a) of this Section for all other persons.

(c) Fishing is permitted in Parks and Park Waters, except where fishing is expressly prohibited as indicated on conspicuously posted signs. Where fishing is authorized within a Park or Park Waters, each person fishing must fully comply with all local, state, and federal laws regulating or prohibiting a taking as defined in Section B14-24.3(b) regardless of any indication of the presence of such protected species or habitat.

(d) No person shall violate any of the restrictions or requirements set out in Subsection (c) of this Section, except by Valid Permit issued by the Director.

(e) No person shall bring, carry, use or transport wet live bait into any Park Property or Park Waters, with the exception of live worms and night crawlers.

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

(a) All Park Areas of the County are declared to be sanctuaries for wildlife of every sort and the taking or harassing of any wild bird, mammal, reptile, or amphibian is prohibited. This Section does not apply to fish and other aquatic forms permitted to be taken under Section B14-24.2.

(b) As used in this Section, "taking" means, but is not limited to, hunting, pursuing, catching, capturing, possessing or killing, or attempting to hunt, pursue, catch, capture, possess or kill any wild bird, mammal, reptile, amphibian or parts thereof.

(c) Subject to compliance with Section B14-24.1, this Section does not apply to the taking of any bird, mammal, reptile, amphibian, or parts thereof by any person or persons duly appointed and authorized by the County to perform such services, and where such taking occurs while said person or persons are acting within the course and scope of the performance of such services. The County may authorize such takings in the following circumstances:

(1) The taking of any bird, mammal, reptile, amphibian or parts thereof, noxious pest or vermin in order to protect the public health, safety, and welfare in the control of disease transmission, or to prevent excessive damage to facilities and buildings located in Parks and to other protected fauna and flora.

(2) The taking of any bird, mammal, reptile, amphibian or parts thereof in order to humanely assist, aid, and protect the animal where an emergency exists which constitutes a danger to the health, safety, and welfare of such animal, and such taking is deemed necessary.

(d) A person who violates or fails to comply with Subsection (a) of this Section is guilty of a misdemeanor.

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

No person shall feed wildlife in a Park, except by Valid Permit issued by the Director.

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

No person shall molest, harass, or injure livestock in any part or portion of any Park Area.

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