Sutter County Municipal Code Ch. 470 Regulations for Use of County Parks and Recreation Facilities

The following words and phrases, whenever used in this Chapter, shall be construed as here after set out, unless it shall be apparent from the context that they have a different meaning.

Campground(s) means an area of land developed and designated for overnight camping.

County means the County of Sutter, California.

Director means the Development Services Department Director or his/her representative.

Park or Recreation Facility means any County-owned park, campground, boat launch ramp, museum grounds, or other leased parcel of land or structure used by the public for recreational purposes or community activities.

Person means any individual, group or organization.

Quiet Time means a time designated in facilities where persons are to refrain from playing radios, televisions and music loudly and refrain from loud talking so neighbors and other facility users will not be disturbed.

([635] Ord. 1585, Sec. 4, May 28, 2013)

(a) Should these regulations conflict with rules and regulations adopted for specific park sites and recreation facilities in Sutter County, the most restrictive provisions of these regulations, or rules and regulations adopted for specific park sites shall apply.

(b) The park and recreation facilities within Sutter County shall be used and maintained for the benefit of the public generally, subject, however, to the restrictions and limitations set forth in this Chapter, and other regulations and/or amendments and modifications to these regulations as may hereafter be adopted by the Sutter County Board of Supervisors.

(c) The regulations set forth herein shall apply to and be in full force and effect at all park and recreation facilities which are under the jurisdiction and control of the County of Sutter. These regulations shall govern the use of all such park and recreation facilities and the observance of these regulations shall be a condition under which the public may use the parks and recreation facilities.

(d) In addition to these regulations and any specific rules and regulations established for any particular park area or recreation facility, all local, state, federal and special district laws, ordinances, rules and regulations shall be strictly complied with.

The Board of Supervisors may establish fees for use of various facilities or services at one or more of the County parks or recreation facilities. The schedule of fees may be established by resolution and shall be applicable to the indicated Sutter County parks and recreation facilities during the hours of operation of those parks and facilities.

The Board of Supervisors may designate park and recreation facilities or portions thereof, as available for priority use by permit. Any person using such facility or portion thereof may reserve it by obtaining a permit. The Director may issue a priority use permit hereunder when he finds:

(a) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

(b) That the proposed activity or use will not unreasonably interfere or detract from the promotion of public health, welfare, safety, and recreation;

(c) That all conditions including, where applicable, the payment of fees, approval of the Board of Supervisors, and insurance coverage, are met;

(d) That the proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;

(e) That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense or security operation by the County; and

(f) That the facilities or areas within the facility desired have not been reserved for other use.

Any person using a park facility or portion thereof which may be reserved by obtaining a permit, but who has not obtained such a permit, shall vacate said area when holders of a valid permit present themselves. No person shall fail to produce and exhibit a permit he claims to have upon request of the Director or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with any regulations in this Chapter.

(a) Hours have been established for some park areas by specific rules and regulations and shall be observed in the park areas where specific hours of use have been established. Except as provided below, County parks and recreational facilities are open to the public from sunrise to sunset. Use outside the normal operating hours may be authorized by permit issued by the Director at its sole discretion.

(b) Overnight camping is only allowed as authorized in Section 470-128.

(c) County Boat Launch facilities are open to the public all times of the day, except when closed for high water events or maintenance activities.

(d) Facilities may be closed by the Director during high water events, for maintenance activities, or for other health, safety, or security reasons. Areas within facilities may be closed to the public by the Director for health, safety, or security reasons.

(e) No person shall enter or remain in a facility, or area within a facility while closed or prohibited, when such area or facility is posted with hours of operation or closure information, or they are so informed by the Director.

Sponsors of youth groups shall be required to demonstrate, to the satisfaction of the Development Services Department Director, that adequate adult supervision will be provided and that an adult, or adults, skilled in water-related lifesaving techniques and first aid will accompany the youth groups at all times during their usage of county park areas and recreation facilities.

([635] Ord. 1585, Sec. 4, May 28, 2013)

In any County park or recreation facility:

(a) No person shall mark, deface, disfigure, injure, tamper with, displace, or remove any County owned real or personal property.

(b) No person shall damage, cut, carve, transplant, or remove any tree, plant, wood, turf, or grass or pick the flowers or seeds of any tree or plant or attach any rope, wire, or other object to any tree or plant.

(c) No person shall stand or sit upon any monument, vase, fountain, railing, fence, or other property not designated or customarily used for such purposes.

(d) No person except County employees and County contractors shall carry on or about his or her person paint in any form.

No person shall fail to cooperate in maintaining restroom facilities in a neat and sanitary manner and condition.

No person shall distribute, circulate, give away, throw, or deposit any handbill, circulars, pamphlet, paper, or advertisement, or post or affix the same to any tree, fence, building, or other property in any park area or recreation facility.

No person shall dump, deposit or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage, or other such refuse or trash in any park area or recreation facility, except in proper receptacles provided for such purpose. Such refuse or trash placed in said receptacles shall be only that generated in connection with normal activities conducted in any park area or recreation facility and associated with the proper usage thereof. Where proper receptacles are not provided, all refuse or trash shall be carried away from the park area or recreation facility by the persons responsible for its presence and properly disposed of elsewhere.

For purposes of this section, stove, fire ring, barbecue or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material.

No person shall throw, discharge, or otherwise place or cause to be placed in the waters of any tributary, stream or drain flowing into such waters, any substance, matter or thing, liquid or solid, including but without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, food matter, wood, fiber and plastics.

Cleaning of fish, fowl or washing of dishes at campground faucets and hydrants is prohibited. All waste material from fish cleaning, food preparation and dish washing must be properly disposed of with other refuse.

No person shall make or kindle a fire or hold any barbecue in any park area or recreation facility, except in the stoves or pits provided by the County for use by the public, or in barbeque grills, or in stoves or lanterns using gasoline, propane or similar fuels. No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic.

No person shall fly a model airplane (motor-driven), propel a rocket or missile of any type, discharge a firearm, drive a golf ball, or participate in archery, handball, or any similar game of hazardous nature in any park area or recreation facility except at such places designated for such uses by the County.

No person shall operate or park any motor vehicle in or upon any park area or recreation facility, except as hereinafter provided. As used in this section, the term "motor vehicle" shall include any type of motor-driven vehicle, including, without limitation, house trailers, motorcycles, motorized two or three wheel vehicles, buses, and automobiles.

Said motor vehicles shall be parked and operated only in the places specially provided or designated for such purpose. Non-motorized vehicles, such as bicycles, wagons, skate boards or scooters, are prohibited within park areas or recreation facilities except on roads and parking areas designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand on any grassy area or trail or path reserved for pedestrian use. Motorized and non-motorized vehicles shall be operated at all times with reasonable regard for the safety of others.

(1) Excepting government vehicles on official business, motor vehicles are prohibited at all times in the area commonly known as Mosquito Beach: the area bounded by the Feather River levee, the cable fencing south of the Yuba Boat Launch Facility Parking lot, the Feather River, and the gate/fencing adjacent to the Sheriffs Training Center at 44 Second Street, Yuba City.

(2) Excepting government vehicles on official business, motor vehicles are prohibited at all times in the area commonly known as the Yuba City River Bottoms: the area bounded by the Feather River levee, Shanghi Bend Road, the Feather River, and the gate/fencing adjacent to the Sheriffs Training Center at 44 Second Street, Yuba City.

(3) The Director may also prohibit the operation and parking of motor vehicles within specific areas of a facility for safety or security reasons.

No person shall operate or park a motor vehicle within these prohibited areas when such areas are so posted.

(a) No person shall bring into, maintain or allow in or upon any park any dog, cat or other animal unless such animal at all times is kept on a leash of sufficient strength and durability that it cannot be broken by the animal so leashed, and no longer than six feet in length, and be under the full and complete physical control of its owner or custodian at all times.

(b) No person shall permit or suffer any animal owned by him/her, or in his/her possession, custody, or control, to defecate upon park property without immediately removing such animal feces, placing said feces in a sealed bag or other sealed container and placing such bag or container with feces in a proper refuse receptacle. Unsighted persons while relying on a guide dog are exempt from the provisions of this subsection.

(c) No person shall permit any animal owned by him/her, or in his/her possession, to be brought into or remain upon the premises of any park, if the Campground Host or the County has given oral or written notice to remove that animal from such premises.

(d) No person shall ride a horse, pony, mule, burro or any other animal upon, over or across any park, except at times and upon roads or trails designated for the riding of such animals.

No person shall use loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in other loud or disturbing conduct by the use of any musical instrument, amplifier, loudspeaker, or other noisemaking device, or engage in any disorderly conduct, or behavior tending to a breach of the public peace and enjoyment in any park area or recreation facility. Any person who is loud, boisterous, threatening, abusive, insulting, or publicly offensive will not be permitted to remain within any park area or recreation facility.

Operators and/or passengers of boats and other watercraft, who are actively engaged in launching or recovering their boats or watercraft, may be on the dock and/or in the water at a County boat launch facility for that period of time reasonably necessary to safely launch or recover their boat or watercraft. Immediately upon the successful launch or recovery of the boat or watercraft, operators and passengers shall exit the immediate area of the dock and launching ramp and shall park their vehicles in marked parking areas. No person shall obstruct or delay the launch or recovery of any boat or watercraft nor shall any person swim, fish, recreate or operate any remote-controlled craft or vehicle at, on, or within 100 feet of a County boat launch ramp, dock, or appurtenance thereto. No person, other than those actively engaged in the process of launching or recovering a boat or watercraft, shall sit, recline, or remain for more than five minutes at, on, or within 100 feet of a County boat launch ramp, dock, or appurtenance thereto. Employees, representatives, and contractors of the County performing official duties shall be exempt from these provisions of this section.

No person shall sell or offer to sell any goods, wares, merchandise, article, or thing whatsoever, or station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or things in any park area or recreation facility without the written permission of the Development Services Department Director.

([635] Ord. 1585, Sec. 4, May 28, 2013)

(a) Overnight camping is allowed only in Live Oak Park. Overnight camping is prohibited at all other County facilities. Day Use of Live Oak Park shall end at sunset daily, except that the collocated Live Oak Boat Launch Facility and associated parking may be used separately at any time.

(b) It shall be unlawful for any person to camp overnight in Live Oak Park except within designated areas and with a fully paid County fee. The Director may at any time revoke the camping or day use permission without refunding fees paid of any person, group or organization if the site occupied by such is not paid in full, maintained in a reasonably clean, sanitary and attractive manner or if the occupants are loud, boisterous, threatening, abusive, insulting, or publicly offensive.

(c) Individuals or groups are authorized to have a length of overnight camping or presence of three consecutive nights. The Campground Host may, at his or her sole discretion, extend such length for three additional nights up to four times. The total overnight camping or presence shall not exceed 15 days.

(d) Quiet Time shall be observed in all camping areas between the hours of 9:00 p.m. and 7:00 a.m. During these hours, no person shall make any excessive noise. For the purpose of this section excessive noise shall mean any noise that a Campground Host finds, in his or her sole discretion, has disturbed, may disturb or will disturb members of the public or wild life.

(e) No person under the age of 18 shall camp within Live Oak unless accompanied by a parent, legal guardian, adult leader (e.g. teacher, coach, or scoutmaster) of a school or other youth group, or the parent of legal guardian of another minor camping in the same group.

(f) No person shall, without the prior written approval of the county, park more than two motor vehicles or one motor vehicle and one other vehicle i.e. boat trailer, travel trailer or motor home in any one campsite. Individual campsites are limited to one group of not more than eight people.

(g) Camping sites at Live Oak Park are primarily for the use of overnight campers. Day use shall be limited to common areas and camping sites designated by the Campground Host as available for day use and these sites will be vacated when the individuals are instructed to do so by the Campground Host.

(Ord. No. 1640, § 1, 10-10-2017; Ord. No. 1654, § 2, 9-11-2018)

Organized groups of 50 or more persons are required to make reservations to use Live Oak Park. The request for reservations must be approved by the Sutter County Development Services Department Director, in accordance with the provisions set forth in the following:

(a) General Provisions: Approval of the Sutter County Development Services Department Director is conditional upon (a) written application for registration, (b) written proof of insurance coverage, (c) description of the event, (d) approval of the Sutter County Environmental Health Division, Sutter County Fire Services Division, and the Sutter County Sheriff.

(1) Written proof of insurance and approval by designated County departments must be received by the Director of Public Work 15 calendar days prior to the event or the request may be denied.

(2) Required insurance coverage shall be as prescribed by the Development Services Department Director.

(b) Special Provisions: The following special provisions shall apply to nonprofit community organizations, service clubs, and youth groups, regardless of the number of persons registering to use Live Oak Park.

(1) If nonprofit community organizations, clubs, or groups request to use Live Oak Park, the group or organization may apply to the Development Services Department Director for registration as a fee-exempt organization. Once so registered by the Development Services Department Director, waiver of fees for day use (only) will be waived, one day, one time each year, per organization, club, or group.

(2) Approval of waiver of fees by the Sutter County Development Services Department Director is conditional upon (a) receipt of the written application for registration as a fee-exempt organization, a minimum of 30 calendar days prior to the event, (b) proof of nonprofit status (IRS Form 501(c)(3) or equivalent state form, (c) description of the event.

(3) The Development Services Department Director shall comply with Article XVI, section 5 of the California Constitution regarding the waiver of any fee or charge for religious sect, church, creed, or sectarian denomination: "[N]o county…shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever…"

(4) The Development Services Department Director or his or her designated representative shall notify the organization, club, or group at least ten calendar days prior to the date of reservation to inform them if the fee-exempt status is approved, or disapproved.

([635] Ord. 1585, Sec. 4, May 28, 2013)

The Development Services Department Director, or his or her duly designated representative, shall be responsible for enforcing the provisions of these regulations except the Penal provisions. The Sheriff shall be responsible for enforcing the penal provisions of these regulations.

In addition to any applicable penalties, the Director or Sheriff may require any person(s), after warning or penalty, who continues to willfully violate any of the regulations in this Chapter that, as determined by the Director or Sheriff, endangers the safety of, or enjoyment of the facility by, the public or staff, to immediately vacate the recreational facility without refund of any fees paid and/or be denied future use of the facility by that person(s) for a period not to exceed 30 days.

([635] Ord. 1585, Sec. 4, May 28, 2013)

Any person violating any of the provisions of this Chapter shall be guilty of: (1) An infraction for the first offense which shall be punishable by a fine not to exceed five hundred dollars ($500.00); (2) An infraction for the second offense which shall be punishable by a fine not to exceed seven hundred and fifty dollars ($750.00); and, (3) An infraction or misdemeanor for any subsequent offense which upon conviction, shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), by imprisonment in the County Jail not to exceed six months or by both such fine and imprisonment.

Any violation of the provisions of this Title is also hereby declared to be unlawful and a public nuisance and the person violating this Title shall be subject to administrative fines and penalties as set forth in the Sutter County Code or in other local, state or federal law.

([635,735,1005,1228, 1244,1392,1551] Ord. 1578, Sec. 1; Nov. 6, 2012)