Chapter 46


46-01.    Purpose.

46-02.    Scope.

46-03.    Definitions.

46-04.    Prohibited activities and uses.

46-05.    Noise restrictions.

46-06.    Campground management.

46-07.    Special rules for trail use.

46-08.    Fees and charges.

46-09.    Enforcement.

46-01 Purpose.

This chapter prescribes rules and regulations for the establishment, protection, development, and management of the East Park Reservoir (“park”) so as to provide Colusa County residents and visitors recreational benefit while at the same time ensuring the conservation of natural resources. These rules are necessary to promote and protect the safety of all persons using the park, to preserve and maintain the park, and to help protect the property of the landowners whose property adjoins the park. These rules also endeavor to provide that those who use the park contribute to its care and upkeep. (Ord. No. 762, § 2 (Exh. A)(part): Ord. No. 769, § 1.)

46-02 Scope.

(a)  Except as otherwise provided, this chapter applies to lands, structures, and property, commonly known as the East Park Reservoir, an area currently managed by the county of Colusa through its department of public works and referred to in this chapter as “the park.”

(b)  In addition to the rules and regulations provided for in this chapter, the department may adopt such further temporary rules and regulations for the park as may be necessary to address immediate maintenance, weather, emergency, or other similar situations. (Ord. No. 762, § 2 (Exh. A)(part).)

46-03 Definitions.

For the purposes of this chapter:

(a)  “Boat launching facility” means a location regulated, maintained, and administered by the department designed for launching watercraft into the waters of the East Park Reservoir.

(b)  “Camping” means the use of any shelter including, but not limited to, a tent, trailer, motor vehicle, tarpaulin, bed roll, or sleeping bag used for a temporary residence, shelter, or sleeping purposes.

(c)  “Campsite” means a nondesignated campsite in the park, used for camping, and where camping is not otherwise prohibited.

(d)  “Department” means the Colusa County department of public works.

(e)  “Designated campsite” means a specifically designated, numbered, and marked area in the park, for recreational and camping use, which can be reserved.

(f)  “Designated crossing areas” means areas on trails or roads used for recreational purposes authorized by Colusa County or other governmental agencies, and designated by authorized signage, where pedestrians, motor vehicles, or other vehicles may enter and cross the trails or roads.

(g)  “Designated individual” means those individuals who have been specifically designated as the contact person(s) responsible for ensuring that persons using a designated campsite are doing so in accordance with this chapter and any permit requirements, or directives provided by the department.

(h)  “Facilities” means the boat launching facilities, recreational trails, waysides, public trails, infrastructure, designated campsites, and any other real or other property that is part of, or in, the park.

(i)  “Firearm” means any gun, pistol, rifle, revolver, air rifle, air gun, BB gun, pellet gun, bow, arrow, or crossbow, or any other instrument of any kind, character or description which throws or projects bullets, missiles or projectiles of any kind to any distance by means of elastic force, air or any explosive substance.

(j)  “Group area” means a specifically designated group camping area with multiple designated campsites, numbered and marked for recreational and camping use, which can be reserved.

(k)  “Motor vehicle” shall include any motorized automobile, truck, all-terrain vehicle, snowmobile, motorcycle, trailer, wagon, moped, airplane, personal assistive mobility device (Segway), or any other motorized mode of transportation not listed.

(l)  “Person” includes any individual, firm, partnership, corporation, limited liability companies (LLCs), limited liability partnerships (LLPs), or other associations of persons, both singular and plural.

(m)  “Trail” means any parcel of land owned, leased, or obtained by easement or license by Colusa County and administered by the department in the form of a paved or unpaved thoroughfare or trail across land used for purposes such as bicycling, cross-country skiing, biking, walking, jogging, or similar activities.

(n)  “Watercraft” includes boats, personal watercraft, canoes, kayaks, and inflatable rafts. (Ord. No. 762, § 2 (Exh. A)(part): Ord. No. 769, § 2.)

46-04 Prohibited activities and uses.

The following activities, and conduct, are prohibited in the park, and facilities, unless expressly permitted by the department through a special use permit, other authorized written permission, or as otherwise expressly permitted under this chapter:

(a)  Engaging in any commercial enterprise, soliciting business of any nature, distributing handbills or other advertising material, or posting signs, posters, or decorations, on any of the facilities.

(b)  Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct.

(c)  Disturbing, destroying, vandalizing, damaging, or removing any park property, or the property of others, using the park area or facilities.

(d)  Disturbing, vandalizing, damaging, defacing, removing, or destroying any trees, shrubs, plants, rock, gravel, sand, dirt, or other natural material, to carve, paint, or mark on any rocks, archaeological or geological features, signs, walls, or structures, to drive nails into trees, or to move, injure, or deface in any manner any structure including buildings, signs, fences, tables, or other park or county property, including defacing trail markers, signs, or surfaces by spray painting event route markers or other notices.

(e)  Entering any area, building, or structure that is under construction, locked, closed to public use or access, or tampering with, using or damaging any water control structure, dam, or culvert.

(f)  Disposing of any garbage, sewage, bottles, cans, paper, or other waste material in any manner except by placing the same in clearly marked receptacles provided for such purposes. Any such garbage or refuse shall be incidental to an approved use of the park.

(g)  Discarding charcoal residue onto any grounds, or into containers, other than those designated by the department for such purpose.

(h)  Operating any vehicle at a speed in excess of fifteen mph, or contrary to traffic signs.

(i)  Operating any watercraft in excess of five mph within one hundred feet of a shoreline, or in any marked cove.

(j)  Operating any vehicle in a manner contrary to the provisions of the California Vehicle Code.

(k)  Operating, or parking, any vehicle on other than a road, parking area, designated campsite, group area or designated crossing area.

(l)  Starting or maintaining any fire, including personal stoves or barbecues, except in designated fireplaces, fire rings, grills or other specifically designated areas unless otherwise posted.

(m)  Abandoning or leaving any fire unattended, or discarding any matches, cigarettes, cigars, pipe ashes, or embers without first extinguishing them.

(n)  Possessing, firing, or discharging any explosive or pyrotechnic device.

(o)  Parking, stopping or leaving standing, whether attended or not, any vehicle or watercraft in any manner which is:

(1)  Blocking, obstructing, or limiting the use of any road, trail, parking lot, or boat launching facility;

(2)  Outside of any area provided for such purpose; or

(3)  Contrary to posted notice.

(p)  Allowing pets to run at large and not under the immediate control of their owner. In any case, no person shall allow their pet to disrupt the enjoyment or use of the park by any other person. Pet owners shall pick up and properly dispose of all fecal matter of their pets. All pets are subject to the licensing requirements of chapter 3.

(q)  Taking, catching, killing, hunting, trapping, pursuing, or otherwise capturing any wild animals or birds except as specifically permitted or approved in advance by the department in accordance with state law.

(r)  Possessing or discharging firearms, and no parent, guardian, or person having the care, custody or control of a minor shall permit such minor to have in his or her possession, or permit such minor to fire or discharge or cause to be fired or discharge any firearm, except as follows:

(1)  This prohibition against the use or possession of firearms does not apply to any peace officer, fish and game warden, ranger, or person in the military service in the discharge of his duties using reasonable care.

(2)  The use of muzzle loaders only (as defined in Section 353 of Title 14, California Code of Regulations) is allowed during those periods designated by the State Department of Fish and Game as the time and place for the purpose of any special hunts permitted, or approved, by the department in advance.

(s)  Operating aircraft of any kind, including, but not limited to, parasails, hang gliders, experimental aircraft and ultra-lights with the following exceptions:

(1)  Operations shall be allowed to holders of a special use permit issued by the county of Colusa. Permit holders must adhere to the terms and conditions contained within the permit.

(2)  This section does not apply to aircraft responding to an emergency situation or aircraft operated by a law enforcement agency or military agency in the scope of its duties.

(t)  The use or possession of glass containers, of any configuration, including those made of crystal, ceramic or any other material likely to shatter when dropped onto or struck by harder material. (Ord. No. 762, § 2 (Exh. A)(part); Ord. No. 769, §§ 3 – 8.)

46-05 Noise restrictions.

(a)  It shall be unlawful for any person to produce any noise by any means, which measures in excess of fifty-five decibels within fifty feet of any boat, watercraft, dwelling, campsite, campground, travel trailer, or over any adjacent body of water between the hours of ten p.m. and seven a.m.

(b)  Live bands, disc jockeys, and amplified sound systems are prohibited at all times unless otherwise authorized by a special use permit.

(c)  It shall be unlawful for any person to permit their pet to make any noise which unreasonably disturbs the peace, comfort or quiet of any person. (Ord. No. 762, § 2 (Exh. A)(part); Ord. No. 769, § 9.)

46-06 Campground management.

(a)  Camping is allowed at designated campsites, group areas, and other general areas of the park where camping is not otherwise prohibited for persons or parties who have paid for camping privileges purchased through the county’s campsite reservation system either online, or by calling the department or other designated reservation location.

(b)  Except as otherwise expressly permitted by the department, camping is not permitted for a period in excess of fourteen nights in succession.

(c)  No registered camping party shall move from a designated campsite or group area to another designated campsite or group area without prior approval of the department.

(d)  Camping equipment shall not be taken down or removed from campsites between the hours of ten p.m. and seven a.m. except with department authorization or in case of an emergency.

(e)  Day use camping shall be between the hours of six a.m. to ten p.m. (Ord. No. 762, § 2 (Exh. A)(part): Ord. No. 769, § 10.)

46-07 Special rules for trail use.

(a)  Except for authorized emergency vehicles, maintenance vehicles and motorized wheelchairs, motor vehicles are prohibited from operating on trails.

(b)  All persons using trails must abide by any posted signage on the trails relating to their use.

(c)  Vehicles or equipment having a height in excess of twelve feet above the ground level are not permitted on trails, under any circumstances.

(d)  Climbing on any portion of a trail bridge is prohibited.

(e)  Entering or crossing a trail except at designated crossing or entrance points is prohibited. (Ord. No. 762, § 2 (Exh. A)(part).)

46-08 Fees and charges.

(a)  Use of the park is a privilege and not a right. The payment of a fee for use or access to the park does not create an entitlement or right to continued or ongoing use of the park. Any permitted use may be revoked at any time by the department, or a peace officer as provided for in section 46-09, without a refund of any fees paid.

(b)  No person shall use any facility, designated campsite, group area, or any other area of the park without payment of a fee as provided in this chapter.

(c)  Fees shall be charged in accordance with this section. Any exemptions or changes to the fees shall be made by approval of the Colusa County board of supervisors or their designees.

(d)  Special event permits and fees shall be issued at the discretion of the department, but shall not be inconsistent with the uses prescribed in this chapter.

(e)  Fees shall not be required of the following persons or under the following circumstances:

(1)  At the discretion of the department, persons who attend an event for which an event fee has already been paid; or

(2)  Persons who are participating in an organized not for profit public purpose program, as determined and approved by the department.

(f)  Park fee schedule:

(1)  Day use fee: eight dollars.

(2)  General overnight vehicle fee: fifteen dollars.

(3)  Designated campsite fee: twenty dollars.

(4)  Group area fee: seventy-five dollars.

(5)  Annual (January 1st through December 31st), day use season pass, for use when park is open: one hundred dollars.

(g)  Colusa County residents will be permitted a fifty percent discount on the fees provided for in this section.

(h)  Persons paying a designated campsite fee will be allowed one included vehicle at a designated campsite. Each additional vehicle at the designated campsite with the permission of a designated individual, up to a maximum of three, will be subject to the general overnight vehicle fee, or day use fee.

(i)  Persons paying a group area fee will be allowed one included vehicle in a group area. Each additional vehicle in a group area with the permission of a designated individual will be subject to the general overnight vehicle fee, or day use fee. (Ord. No. 762, § 2 (Exh. A)(part): Ord. No. 769, § 11.)

46-09 Enforcement.

(a)  The Colusa County sheriff’s office is the primary enforcement agency for violations of this chapter. The Colusa County sheriff, his or her deputies, or any on-duty California peace officer within the course and scope of their duty, is authorized to make arrests or issue notices of violation to persons who violate any of the provisions of this chapter.

(b)  The violation of any law, county ordinance or provision of this chapter by any person shall constitute cause for a temporary or permanent revocation of that person’s permitted use of the park. Any person requested by the Colusa County sheriff, his or her deputies, or any on-duty California peace officer within the course and scope of their duty, to leave the park, shall immediately do so.

(c)  Any violation of the provisions of this chapter is a misdemeanor pursuant to California Government Code Section 25132(a), and punishment shall be in accordance with California Penal Code Section 19. A violation of this chapter may be prosecuted by county authorities in the name of the people of the state of California. (Ord. No. 762, § 2 (Exh. A)(part).)