Article 3 — Powers and Duties of the Director

61003 - Enforcement of Chapter.

The Director is subject to the direction, authority and control of the Board of Supervisors. He has full authority for the enforcement of all regulations affecting the area designated as Rincon Parkway by the Board. His powers and duties include but are not limited to the following:

(a)

To promulgate and enforce rules and regulations for the operations and administration of Rincon Parkway.

(b)

To collect Board approved fees and charges for use of Rincon Parkway, and deposit same with the County Treasurer.

(c)

To control the time of use for the Rincon Parkway.

(Ord. No. 4601, § 1, 5-10-2022)

61003-1 - Delegation of authority.

Whenever a power is granted to, or duty is imposed upon, the Director, that power may be exercised or the duty may be performed by an authorized representative designated by the Director, or by the Board of Supervisors unless provided otherwise herein.

(Ord. No. 4601, § 1, 5-10-2022)

61003-2 - Public officers.

The Director and any persons designated by him as public officers are responsible for the enforcement in County Parks of the provisions of this Chapter and, pursuant to Public Resources Code section 5380, for issuing citations for misdemeanors in violation of the laws of this state and of County ordinances when committed within a County Park and within the public officer's presence.

(Ord. No. 4601, § 1, 5-10-2022)

61003-3 - Arrest authority.

The Director and those persons designated by him as public officers are authorized, pursuant to Penal Code 836.5, to arrest a person without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a misdemeanor, in their presence, which constitutes a violation of those provisions of County ordinances and state laws or a violation of any other regulation set forth herein which said public officers are authorized to enforce.

(Ord. No. 4601, § 1, 5-10-2022)

61003-4 - Notice to appear/notice of violation/arrest procedure.

In any case in which a person is arrested pursuant to this Chapter, and the person arrested does not demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Part 2, Title 3, Chapter 5(C) (commencing with Section 853.6) of the California Penal Code. The provisions of that Chapter 5(C) shall thereafter apply to any proceeding based upon the issuance of a written notice to appear pursuant to this Chapter.

(Ord. No. 4601, § 1, 5-10-2022)

61003-5 - Interference with a public officer/employee.

(a)

No person shall intentionally obstruct or interfere in any manner with a public officer in the exercise of his duties arising out of this Chapter.

(b)

Pursuant to Penal Code Section 71, every person who, with intent to cause, attempts to cause, or causes, any public officer or employee to do, or refrain from doing, any act in the performance of his duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out, is guilty of a public offense.

(Ord. No. 4601, § 1, 5-10-2022)

61003-6 - Violation of parking regulations.

Violation of the parking regulations set forth in this Chapter or established by the Director or his designee is unlawful and constitutes a civil offense. Every person in violation of any parking regulation set forth in this Chapter is subject to a fine. Vehicles parked in violation of the parking regulations set forth in this Chapter are subject to removal pursuant to Vehicle Code section 22651, subdivision (n). The fines for parking violations are as follows:

(a)

Two hundred seventy-five dollars ($275.00) fine for violations of the Limited Parking Zone and all "No Parking" areas on both the east and west sides of State Route 1 between one (1.0) mile north of Route 33 and one and one-half (1.5) miles south of the Santa Barbara County line, between 9:00 p.m. and 6:00 a.m.

(b)

Ninety dollars ($90.00) fine for all other parking violations.

(Ord. No. 4601, § 1, 5-10-2022)

61003-7 - Violation of park regulations.

(a)

Violation of the park regulations set forth in this Chapter or established by the Director or his designee is unlawful, and every person in violation of any park regulation shall be subject to a fine of ninety dollars ($90.00) for each violation, unless another amount for a particular violation is otherwise provided.

(b)

In addition to other penalties prescribed by law, violation of any law or regulation while in the Rincon Parkway shall subject the violator to ejection from the Rincon Parkway and forfeiture of any fees paid. The Director in his discretion may also ban a person from the Rincon Parkway or from the County Park system for repeated or egregious violations of this Chapter or of any other local or state laws while in the Rincon Parkway.

(c)

Appeals—Any appeal concerning any written order, requirement, permit, or determination made in the administration or enforcement of this Chapter must be in writing and filed with the Director within ten (10) calendar days of the date of the written order, requirement, permit, or determination.

(Ord. No. 4601, § 1, 5-10-2022)

61003-8 - Disabled persons parking citations.

A disabled persons parking citation may be reduced to an administrative fee of twenty-five dollars ($25.00), if within twenty-one (21) calendar days the registered owner does all of the following:

(a)

Provides proof of a disabled person placard, license plate or identification card that was issued by the DMV and that was valid on the date of violation.

(b)

Pays a twenty-five dollar ($25.00) administrative fee

(Ord. No. 4601, § 1, 5-10-2022)