Chapter 10.04 COUNTY PARKS

The ordinance codified in this title shall be known as, and may be cited as, the “Park Ordinance.” [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.020(b)].

10.04.020 Definitions.

As used in this chapter:

(A) “Alcoholic beverages” includes alcohol, spirits, liquor, wine, beer and every other liquid which is fit for beverage purposes and which contains more than one-half of one percent of alcohol by volume.

(B) “Commission” means the Parks and Recreation Commission.

(D) “Director” means the Director of the Department of Parks, Open Space and Cultural Services or their designee.

(E) “Motor vehicle” means any multiwheeled, treaded or sled-type vehicle that is propelled by a motor or engine including any vehicle commonly known as a “motorized recreation vehicle.”

(F) “Park” means every park, riding and hiking trail, recreation area, beach, community center or building, historic structure, facility, or area of land owned, operated, managed or controlled in whole or in part by the County and under the jurisdiction of the Director in either incorporated or unincorporated territory.

(G) “Park waters” means any lake, pond, river, stream or other body of water within a park, including managed swimming pools.

(H) “Vessel” means every description of watercraft used or capable of being used as a means of transportation on water. [Ord. 5328 § 6, 2020; Ord. 4488 § 4, 1998; Ord. 2954, 1980; prior code § 8.60.010].

10.04.025 Applicability of regulations.

The rules and regulations set out in the following sections apply to all parks as defined in SCCC 10.04.020, except as otherwise expressly stated. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(a). Formerly 10.04.050].

10.04.030 Compliance with rules and regulations.

(A) A person shall not enter, be or remain in any park unless they comply with all of the regulations set forth in this chapter applicable to such park and with all other applicable laws, ordinances, rules and regulations.

(B) Any of the following persons is not in compliance with the rules and regulations and is guilty of disorderly conduct.

(1) Any person who willfully harasses or interferes with a County employee in the performance of their duties in a County park.

(2) Any person who by their conduct, or by threatening or profane language, annoys, willfully molests or unreasonably interferes with the use of a County park by any other person.

(C) Any person who has committed a public offense in a County park shall leave the park upon request made by any peace officer. No person who has left the park premises after such a request may reenter said park prior to 8:00 a.m. of the following day. [Ord. 5328 § 6, 2020; Ord. 5263 § 5, 2017; Ord. 2954, 1980; prior code § 8.60.020(a)].

10.04.040 Custody of park property.

(A) The Director shall have the custody of all park properties of the County.

(B) The Department is hereby authorized to allow the contractual use of buildings, property, and facilities on park properties of the County under such rules and regulations as will ensure orderly and safe use of property, consistent with County rules and regulations, and approved as to form by County Counsel and Risk Management. For the safety and welfare of park visitors, it may be necessary or desirable to restrict the use of the whole or any portion of any facility or equipment owned or controlled by the Department. The Department shall regulate or prohibit such activities or uses which are deemed to be of hazardous nature, or of a nature which endangers property or which are not legal or allowed by Federal, State or County codes and ordinances. It may cause signs or notices to be posted to such effect.

(C) The Board of Supervisors may adopt a schedule of fees for the use of parks and it shall adopt rules and regulations for the granting of permits issued by the Department pursuant to this chapter. The Director may deny a permit on the basis that the application does not meet the requirements of the rules and regulations or upon finding that the proposed use is detrimental to the public health, safety or welfare on one or more of the following grounds: security, crowd control, traffic control, parking, environmental health, sanitation or fire control; and that such detriment cannot reasonably be mitigated. The Board and Commission shall be advised of this action. An applicant for a permit may appeal the denial thereof to the County Administrative Officer. The determination by the County Administrative Officer may be appealed to the Board of Supervisors.

(D) When such fee schedule, rules and regulations are adopted, it is unlawful to be in a park except by payment of the fee or in accordance with the required permit or rules and regulations of the park. [Ord. 5328 § 6, 2020; Ord. 5263 § 6, 2017; Ord. 2954, 1980; prior code § 8.60.030].

10.04.060 Hours.

The Director shall designate the hours for the use of the parks. The Director shall post the hours of use at or near the entrance of each park. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(q)].

10.04.070 Prohibition on hunting, gathering, fishing, or molesting animals.

No person shall pick, collect, molest, hunt, disturb, injure, trap, take, net, poison, harm or kill any kind of plant, mineral, animal or fish, or attempt to do so. The following exceptions apply to this general prohibition:

(A) Fish or frogs may be taken other than for commercial purposes in accordance with State fishing laws and regulations unless otherwise posted by the Director;

(B) Persons employed by any city, the County, the State or the United States may destroy predatory animals or birds or beasts as defined in the California Food and Agricultural Code when acting in the course of their employment; and

(C) In a park containing a nature museum, a person may capture an animal and deliver it unharmed to the Director if requested to do so.

This prohibition does not apply to duly authorized Santa Cruz County park employees or designated volunteers acting in the performance of their assigned duties. [Ord. 5328 § 6, 2020; Ord. 4429 § 1, 1996; Ord. 2954, 1980; prior code § 8.60.040(m)].

10.04.080 Grazing prohibited.

A person shall not permit any cattle, horses, goats, sheep, swine or any domestic animal to graze in any park, except on property designated for such purpose. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(k)].

10.04.090 Bringing animals into parks prohibited.

A person shall not bring into a park any cattle, mule, goat, sheep, swine, dog, cat or other animal of any kind except as specifically provided in this chapter or as otherwise permitted by the Director. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(g)].

10.04.100 Dog and cat regulations.

(A) Dogs shall be licensed in accordance with the County Animal Services Ordinance (SCCC Title 6). A person may bring and maintain in any park, exclusive of golf courses, a dog or cat, if such dog or cat is kept on a leash not to exceed six feet in length and under immediate control of its owner or custodian, or upon written permission of the Director when required for authorized park programs, or when dogs are in special areas of parks designated and posted by the Director as dog exercise and training areas (dog parks) and so long as the regulations of the Director with respect to the use of such areas are followed.

(B) Any person owning or having control of any dog or cat which defecates upon property owned or managed by the Department must immediately remove and dispose of the feces.

(C) Notwithstanding any other provision of this section, the Director has the authority to prohibit dogs and cats in any park or part thereof after submitting the proposal to the Parks Commission for review and approval. [Ord. 5328 § 6, 2020; Ord. 4666 § 1, 2002; Ord. 4429 § 2, 1996; Ord. 2954, 1980; prior code § 8.60.040(h)].

10.04.110 Animals on trails prohibited.

No person shall bring any animal within or upon any area designated as a nature preserve, nature trail, equestrian trail, or bicycle trail except with written authorization of the Department. This section does not apply to horses that are on marked equestrian trails provided they are under the immediate and reasonable control of the owner. [Ord. 5328 § 6, 2020; Ord. 4429 § 3, 1996; Ord. 2954, 1980; prior code § 8.60.040(i)].

10.04.120 Service animals for persons with disabilities.

SCCC 10.04.090, 10.04.100(C) and 10.04.110 do not apply to service animals used to assist persons with disabilities, such as guide dogs, hearing dogs, assistance dogs, seizure alert dogs or social/therapy dogs; provided, that such service animals shall remain under the immediate control of such persons with disabilities. [Ord. 5328 § 6, 2020; Ord. 4666 § 2, 2002; Ord. 2954, 1980; prior code § 8.60.040(j)].

10.04.130 Vehicle regulation in County parks.

The Board of Supervisors shall regulate the use of vehicles within the parks by resolution adopted pursuant to California Vehicle Code Section 21113. The Director shall be responsible for the administration and enforcement of vehicle regulations within any parks in accordance with SCCC Title 9. [Ord. 5328 § 6, 2020; Ord. 4018 § 2, 1989; Ord. 2954, 1980; prior code § 8.60.040(n)].

10.04.140 Washing or repairing vehicles prohibited.

No person shall engage in the washing, cleaning, polishing, repairing, renovating or painting of any motor vehicle, trailer or other wheeled conveyance or bicycle within a park, except that emergency repairs immediately necessary in order to proceed from the park may be completed. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(f)].

10.04.150 Motorized model aircraft and boats prohibited.

A person shall not operate motorized model aircraft, boats or other crafts except in areas designated for such use and subject to all rules and regulations applicable thereto. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(o)].

10.04.155 Tobacco products in parks prohibited.

(A) No person shall be in possession of a burning tobacco or tobacco-related product, including but not limited to cigars and cigarettes, in or upon any park.

(B) No person shall chew tobacco or tobacco-related products in or upon any park.

(C) No person shall dispose of lighted or unlighted cigars or cigarettes, or cigar or cigarette butts, or any other tobacco-related waste in or upon any park. [Ord. 5328 § 6, 2020; Ord. 4861 § 1, 2007].

10.04.160 Alcoholic beverages prohibited.

(A) Any person drinking or consuming an alcoholic beverage or possessing any open alcoholic beverage container in any park shall be in violation of SCCC 8.02.020 or 8.02.030. This prohibition shall not apply to beer, wine, or “sparkling wine” such as champagne, as authorized by a permit issued by the Director.

(B) Permits issued by the Director pursuant to this section are expressly limited to the service of beer, wine, or “sparkling wine” such as champagne, and shall require proof of any license or permit required by the Alcoholic Beverage Control Act, a cleanup and damages deposit, and in those instances where there is an entrance fee charged and alcoholic beverages are sold, insurance in the amount specified in the rules and regulations. Such insurance shall name the County, its officers, agents and employees as additional insureds, be primary coverage and indemnify the County, its officers, agents and employees for any and all losses, including, but not by way of limitation, attorneys fees and legal costs which the County, its officers, agents and employees may suffer by reason of use of the permit.

(C) Notwithstanding any other provision of this section, the Director may prohibit the consumption of any intoxicating liquor in a park or part thereof after submitting the proposal to the Parks Commission for review and approval. [Ord. 5328 § 6, 2020; Ord. 4576 § 1, 1999; Ord. 4488 § 5, 1998; Ord. 4429 § 4, 1996; Ord. 2954, 1980; prior code § 8.60.090].

10.04.165 Approved use of park facilities.

(A) No person shall hang glide or golf in any area of a park.

(B) In order to protect and promote public health and safety, the Director has the authority to prohibit activities such as skateboarding, in-line skating, bicycling, scooter riding, or roller skating in any park or part thereof, after submitting the proposal to the Parks Commission for review and approval.

(C) If an activity is prohibited pursuant to subsection (B) of this section, the Director shall cause the area in which the activity is prohibited to be posted in such a manner as to reasonably inform the public of the prohibition.

(D) Any person who engages in an activity that is prohibited by this section is guilty of an infraction, which shall be punishable as provided in SCCC 1.12.040; provided, however, that any offense(s) which would otherwise be an infraction is a misdemeanor punishable in accordance with SCCC 1.12.030 if a defendant has been convicted of three or more violations of this section within the 12-month period preceding the commission of the fourth offense. For this purpose, a bail forfeiture is deemed to be a conviction of the offense charged. [Ord. 5328 § 6, 2020; Ord. 4748 § 1, 2003; Ord. 4429 § 5, 1996].

10.04.170 Camping prohibited outside authorized areas.

(A) A person shall not camp or sleep overnight in any park except where a family-type camping area is so designated and then only in accordance with the rules and regulations governing the use of such area.

(B) The Director may issue a permit to any youth group and to any special interest group permitting its members as a group to camp overnight at a designated location in a park if the Director finds that the members of such group will be supervised during such camping by an adequate number of responsible adults and such overnight camping will not interfere with or in any way be detrimental to the park or interfere with the uses thereof.

(C) Upon the granting of such a permit, the members of such group, including the adult supervisors, may camp at the time, location and under the conditions specified in such permit. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(r)].

10.04.180 Changing clothes prohibited.

A person shall not change clothes or disrobe in a park except in that portion of a comfort station or other facility which is designated for such purpose. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(s)].

10.04.190 Dishwashing prohibited.

A person shall not place in any park waters any edible matter, dish or utensil or cleanse in any park waters any such edible matter, dish or utensil. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(t)].

10.04.200 Damage or theft of park property prohibited.

No person shall disturb, destroy, remove, deface or injure any property of the County park system. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(l)].

10.04.210 Fires prohibited outside designated areas.

No person shall ignite or permit to be ignited, or maintain or permit to be maintained, a fire in any location in a park except in a designated campfire site, barbecue pit, fireplace or cooking area provided by the Department for the purpose of maintaining a fire, or except as specifically permitted in writing by an authorized employee or agent of the Department. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(e)].

10.04.220 Amplified music prohibited without permit.

Amplified music is not allowed in a park except by permit signed by the Director. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(u)].

10.04.240 Road and trail use.

A person shall not operate any motor vehicle on or over any firebreak or any fire protection roads which are posted or locked against public use or operate any motor vehicle on or over any riding or hiking trail, including a riding and hiking trail established under Article 6 of Chapter 1 of Division 5 of the California Public Resources Code of the State or any designated service road, except as otherwise provided for by permission of the Department or in case of emergency. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.070].

10.04.250 Leaving rubbish prohibited.

A person shall not throw, leave, place, deposit or dispose of any garbage, refuse, wastepaper, bottles or cans in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose, nor shall any person place any household garbage or refuse in any trash receptacle within a park. [Ord. 5328 § 6, 2020; Ord. 4429 § 6, 1996; Ord. 2954, 1980; prior code § 8.60.040(c)].

10.04.260 Shooting prohibited.

Except as otherwise authorized by law, no person shall use, maintain, possess or discharge any firearm, air gun, spring gun, bow and arrow, slingshot, paint ball gun or any other weapon potentially hazardous to wildlife or human safety within the boundaries of any park or within 200 feet thereof. It is unlawful to shoot any of the weapons mentioned in this section into or across any park. The foregoing provisions of this section shall not apply to the operation and use of shooting, firing or archery ranges or to other areas that have been designated by the Director for the use of firearms nor shall they apply to persons employed by any city, the County, the State or by the United States when accomplishing duties in the course of their employment. [Ord. 5328 § 6, 2020; Ord. 4429 § 7, 1996; Ord. 2954, 1980; prior code § 8.60.040(d)].

10.04.270 Soliciting prohibited.

(A) A person shall not offer for sale, solicit the sale of, announce by any means the availability of, or have in their possession, control or custody, any goods, wares or merchandise for purchase, except pursuant to a concession or other agreement authorized by the Board of Supervisors or pursuant to a permit authorized by the Director.

(B) A sports team which is a member of a regular sports league and which admits all members of the general public to the sporting event to the extent of capacity without discrimination and without charge to any game played may solicit voluntary contributions from the spectators attending such games. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.040(p)].

10.04.280 Swimming and boating prohibited outside designated areas.

Swimming and boating are prohibited except in those areas designated by the Director. The Director shall adopt water safety rules regulating swimming and boating areas. This section does not apply to waters subject to the provisions of the California Harbors and Navigation Code. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.050].

10.04.285 Skate facilities—Safety gear.

(A) No person may ride a skateboard, in-line skates or roller skates in any temporary or permanent County skate facility unless that person is wearing a helmet properly affixed to their head.

(B) Signs shall be posted at County skate facilities as notice to any person using the facility that they must wear a helmet and that any person failing to do so will be subject to citation for violating this section, prohibition from using the facility, or both. One sign shall be posted at any entrance to the skating area and one or more sign(s) shall be posted at another location within the skating area. [Ord. 5328 § 6, 2020; Ord. 4570 § 1, 1999].

10.04.290 Islands.

No person shall go upon or remain upon any island in any park water unless authorized by the Director. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.060].

10.04.300 Emergency closure.

(A) Whenever a menace to the public health or safety is created by a calamity such as flood, storm, fire, earthquake, explosion, accident or other disaster, or when, in the opinion of the Department employees charged with the protection and safety of the public, a hazardous condition exists due to overcrowding or civil disorder, or upon formal request by the Director, any duly appointed peace officer or any designated uniformed County employee may close the park or facility to further public entry and may lawfully command the public to vacate the facility or park until, in the opinion of the closing authority, the hazardous condition no longer exists.

(B) Any unauthorized person who willfully and knowingly enters an area closed pursuant to this section or who willfully remains within such area after receiving notice to evacuate or leave is guilty of a misdemeanor. [Ord. 5328 § 6, 2020; Ord. 4748 § 2, 2003; Ord. 2954, 1980; prior code § 8.60.080].

10.04.305 Limited or prohibited areas.

(A) The Director may from time to time establish prohibited or limited areas to avoid interference in development, construction and management, or to provide for security, safeguarding or preservation of property within the County park system, or to preserve or protect the public safety or well-being.

(B) The Director shall declare an area prohibited or limited by written 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.

(C) The Director shall cause the area prohibited or limited to be posted in such a manner as to reasonably inform the public of the restrictions.

(D) If the period of prohibition or limitation is intended or expected to exceed 90 calendar days, within 60 calendar days after imposing the prohibition or limitation, the Director shall submit the matter to the Parks Commission for review and approval.

(E) Any unauthorized person who enters an area prohibited or limited pursuant to this section and/or conducts an activity that is prohibited in such area is guilty of an infraction, which shall be punishable as provided in SCCC 1.12.040. [Ord. 5328 § 6, 2020; Ord. 4748 § 3, 2003].

10.04.310 Administration.

The Director shall administer the provisions of this chapter. [Ord. 5328 § 6, 2020; Ord. 2954, 1980; prior code § 8.60.020(c)].