Santa Clara County Municipal Code Art. 1 General

(a) All Park Areas within the County are held in trust for the use and enjoyment of the public. The primary use of Park Areas is for activities of a park or recreational purpose as determined by the Director and County Charter. When not in use for park purposes, Park Areas may be made available for the use of persons or groups, for a limited period, upon issuance of a Valid Permit and payment of designated fees, subject to rules and regulations contained herein and as otherwise established by the Director. Such uses shall be governed by the following order of priority:

(1) Department activities. Programs and activities sponsored or co-sponsored by the Department shall have priority.

(2) Other County department activities. Activities provided by other County agencies and departments.

(3) Public community activities. Included in this category are activities that are open to the public and are sponsored by Santa Clara County nonprofit organizations or public agencies other than County government agencies and departments.

(4) Santa Clara County private individual, organization, and association activities. Included in this category are activities that are closed to the general public or are commercial or political in nature. These activities may be sponsored by the County, individuals, private or public organizations, or public agencies.

(5) Non-Santa Clara County individuals, organization, and association activities. Included in this category are nonresident individuals or groups.

(b) Valid Permits will be issued by the Director in accordance with priorities, and within priorities on a first-come, first-served basis, provided they serve a park purpose as required by County Charter. Valid Permits are required for the following: group picnic reservations, facility reservations, camping reservations, reserved areas, special uses, commercial uses or activities, annual permit requests, parking, Vessel or Motor Vehicle entry, and Special Park Facilities. Permits issued under this Division shall comply with and are subject to all of the Valid Permit requirements of this Article.

(c) The Director may select and designate specific areas and facilities in any Park Area which may be limited to special uses, at all times or at certain times, and for the use of which a Valid Permit shall be necessary.

(d) Minors are not eligible to reserve a facility or obtain a Valid Permit. Groups comprised predominately of Minors must be under the supervision of a person 21 years of age or older at a ratio of one such supervisor to ten Minors.

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

(a) The Director may grant, deny, limit, or condition any Valid Permit or reject any application for a Valid Permit after considering the totality of the circumstances, including, but not limited to: the suitability of the area or facility for the number of persons expected at such function, the legality of the use, the impact of the proposed use upon Park Property and natural resources, the effect of the proposed use upon the peaceful enjoyment of the Park by members of the public attending and those not attending the event or activity, the effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of the area or facility, the public health and safety, any traffic or parking problems which may be caused by attendance at such activity or event, the equitable sharing of the use of such facility, or any other information shared by the applicant.

(b) The Director will grant or deny each application for a Valid Permit within a reasonable amount of time after the date of the Director's receipt of a completed application. The applicant shall not consider the permit request granted until the application is deemed complete by the Director, the application is approved by the Director, the fees owed to the County are paid, and the Valid Permit issued by the Director is received by the applicant.

(c) The Director may immediately suspend or terminate a Valid Permit or revoke a Valid Permit if the permittee or any member of a group violates or fails to comply with any of the terms or conditions of the Valid Permit, or any of the rules, regulations, or laws associated with the Valid Permit. Such a violation or any failure to comply with a permit requirement may be used as a basis to deny any other applications for permits, as determined by the Director. All fees and Deposits paid will be forfeited if a permit is suspended or revoked.

(d) No permit is transferable without the express written consent of the Director. The permittee shall not transfer or assign any portion of a Park Area or any structures or facilities thereon, or any rights under any Valid Permit, without the prior written approval of the Director. Any such transfer or assignment is void, and the Director shall have the right to exclude any and all persons from the Park attempting to exercise any right or privilege under any such transfer, assignment.

(e) Any denial of Valid Permit application or request by the Director, or denial of consent to the transfer or assignment of any Valid Permit, or the cancellation, suspension, termination or revocation of any Valid Permit, may be appealed to the County Executive within five days after receipt of the Director's notice of such decision. The County Executive shall render a decision within ten calendar days of receipt of the appeal. All decisions of the County Executive are final, with no further right to appeal.

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

(a) As a condition of granting any Valid Permit, the Director may attach reasonable terms and conditions thereto respecting the time, place, manner, frequency, duration, and maximum number of persons who may attend any meeting, assembly, activity, or event to be held in any Park or facility or structure thereon.

(1) Entrance to a reserved facility or Park Area will be allowed only during the times and days specified in a Valid Permit. All users of the reserved facility or Park Area shall leave at the time specified in the Valid Permit. Additional time required by the Department for preparation or cleanup activities will be charged by the Department to the permittee on an hourly basis and may be deducted from the deposit paid or invoiced directly to the permittee. A failure to timely pay this invoice is grounds for denial of any future application or request for permit and may be grounds for suspension or revocation of a Valid Permit.

(b) The Director is authorized to attach other reasonable restrictions and conditions to Valid Permits, including, but not limited to, restrictions on fire, Amplified Sound, Music, or Noise, consumption of Alcoholic Beverages, dancing, sports, the use or presence of animals, the use of equipment or Motor Vehicles, the number of persons to be present, the location of any bandstand or stage within a specific Park Area, or the creation of any sounds, smoke, light, smell, or any other thing which appears likely to create a risk to health, safety, or the environment, or harm or unreasonable annoyance to any person using the Park or to the public, or damage to any public or private property.

(1) Amplified Noise, Music, or Sound, public address systems, electronic equipment and loud sounds are subject to restrictions determined by the Director.

(2) All persons who conduct, operate, manage or host an activity or activities where Alcoholic Beverages are to be sold or offered for sale, must have proof of a valid and current State of California Department of Alcohol Beverage Control (ABC) permit applicable to such activities. All caterers engaged in serving or sales of Alcoholic Beverages are required to provide a copy of their ABC permit for that activity. It is the responsibility of the permittee to obtain copies of the ABC permits and submit them with the application for a reservation or permit. The County is not responsible for fees, fines, or charges for ABC permits or requirements and the permittee or reservation holder shall be solely liable and responsible for any and all violations of ABC permit requirements.

(c) The Director is authorized to attach reasonable requirements and conditions to Valid Permits, including, but not limited to, requirements that the permittee provide and pay for adequate law enforcement or security for the park use, insurance and indemnification in favor of and protecting the County, additional sanitary facilities and refuse receptacles, proof of permitting from other agencies, mandated inspections, and bond/security for post-event clean up.

(d) The Director shall refuse to grant a Valid Permit where conditions cannot be met or are not accepted by the permit applicant. The applicant must agree to provide a means of informing all of the persons participating in the proposed activity of the terms and conditions applicable to such use.

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

The Director may allow up to four hours, if facilities are available, for rehearsal and preparations in advance of an event or activity for which a Valid Permit has been issued. Charges may be assessed by the Director to cover lighting, heating, moving of equipment, and other actual expenses for rehearsal time. Rehearsals shall be restricted to the area used by performers. Those persons associated with performers shall be required to confine themselves to areas designated by the Director.

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

The Director has the right to enter facilities at all times during periods covered by permits or other agreements for the purpose of inspecting or utilizing these facilities, verifying compliance with use and permit restrictions and conditions, and verifying the identification of permit holders and guests.

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

Valid Permits for a specific facility or area do not include adjacent facilities. Adjacent facilities that are not reserved are available to the general public on a first-come, first-served basis. All permittees whose activities in Parks (e.g., events, picnic rentals) involve the setting up or positioning of additional structures (e.g., tents, booths, stages), must contain those additional structures entirely within the designated reserved area covered by the Valid Permit, unless otherwise specified in the Valid Permit.

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

A copy of the Valid Permit must be in the possession of the user at all times and presented to the park ranger or any peace officer upon demand during the permitted event or activity.

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