CHAPTER 5. COUNTY PARKS AND RECREATION AREAS

ARTICLE 1. GENERAL PROVISIONS

2-05-1005 DEFINITIONS:

Unless the context otherwise requires, the definitions set out in section 2-03-1005 of Chapter 3 of this Part and the following definitions shall govern the construction of this Chapter:

(a)    "County Park or Recreation Area" means any park or recreation area situated within the County of Tulare which is owned or leased by, or which is under the control and supervision of and operated by, the County of Tulare.

(b)    "Public Waters" means any lake, river, stream or other body of water, whether natural or artificial, situated within a County Park or Recreation Area in the County of Tulare, over which the County has police power jurisdiction, either exclusively or concurrently with the United States or the State of California, or both.

(c)    "Vehicle" means motor vehicles, motorcycles, motor scooters, bicycles, and all other similar vehicles.

(d)    "District Engineer" means the respective person or persons designated under Part 327 of Title 36 of Code of Federal Regulations governing the use of projects administered by the U.S. Army Corps of Engineers for Lake Success and for Lake Kaweah Recreation Areas.

2-05-1010 APPLICATION:

The provisions of this Chapter shall be applicable to, and shall govern the use of, all County Parks and Recreation Areas situated within the boundaries of the County of Tulare, insofar as the provisions of this Chapter do not conflict with applicable statutes or regulations of the United States or the State of California. No provision of this Chapter shall apply to the General Services Director, employees of the General Services Department or authorized peace officers while acting in the course of their official duties.

ARTICLE 3. BOATING, WATER SKIING AND SWIMMING

2-05-1060 STATE LAWS AND REGULATIONS:

The laws of the State of California relating to the operation and equipment of boats upon the waters of this State, and rules and regulations adopted pursuant to State law, are applicable to the operation and equipment of boats upon public waters in County Park and Recreation Areas.

2-05-1065 SPEED: DISTANCE: COURSE:

(a)    It shall be unlawful for any person to operate any boat on any lake in a County Park or Recreation Area at a speed in excess of five (5) statute miles per hour in any of the following areas:

(1)    Within any area designated as a "slow area."

(2)    Within one hundred (100) feet of any person who is swimming or bathing.

(3)    Within one hundred (100) feet of the shore at any place except while in the act of launching or landing an aquaplane or water skier in an area designated for that purpose.

(4)    Within one hundred (100) feet of any sailboat, any other boat not under power, or any boat powered by an electric trolling motor.

(5)    Within one hundred (100) feet of any person riding water skis or an aquaplane.

(6)    Within two hundred (200) feet of any swimming float, diving platform, life line or designated swimming area.

(7)    Within two hundred (200) feet of any dock, wharf, or landing float on or to which boats are landed or made fast or which is used for the embarkation or discharge of passengers.

(b)    It shall be unlawful to operate a boat at a speed in excess of five (5) statute miles per hour at any place in a County Park or Recreation Area during the hours between sunset of any day and sunrise the next morning.

(c)    It shall be unlawful to cause a motorboat to cross the wake of another boat within one hundred feet of the other boat.

(d)    Travel shall be in a counter-clockwise direction only. It shall be unlawful to operate a boat at any time on any portion of any lake within a County Park or Recreation Area in a clockwise direction of travel in relation to the center of the lake or any island or obstruction encircled by the lake.

2-05-1070 PERMITS:

The General Services Director is authorized to issue permits for activities identified in this Chapter upon such terms and conditions and according to such rules, regulations and restrictions as the Board of Supervisors may, from time to time, direct by resolution.

2-05-1075 USE OF BOAT AS RESIDENCE:

It shall be unlawful for any person to use any boat as a place of habitation or residence within any County Park or Recreation Area or upon Public Waters.

2-05-1080 INTERFERENCE WITH MARKERS:

It shall be unlawful to place any floating or stationary mooring facilities to, or interfering with, a buoy, channel marker or other navigational aid within a County Park or Recreation Area or upon any Public Waters.

2-05-1085 SWIMMING RESTRICTIONS:

It shall be unlawful within any County Park or Recreation Area or in or upon any Public Waters to swim, dive, snorkel or scuba dive:

(a)    Within one hundred (100) feet of any boat launching sites.

(b)    Within one hundred (100) feet of any bridge.

(c)    Within one hundred (100) feet of any marina.

(d)    Beyond one hundred (100) feet of shore, unless escorted by a boat.

(e)    Within any area marked or posted as a no swimming area by order of the General Services Director.

2-05-1090 DIGGING: CONSTRUCTION:

It shall be unlawful, within any County Park or Recreation Area, to:

(a)    Dig or level any ground without the written permission of the District Engineer or the General Services Director.

(b)    Construct any structure without the written permission of the District Engineer or the General Services Director.

2-05-1095 LITTERING PARKS:

(a)    It shall be unlawful for any person to place, dump, or deposit in any County Park or Recreation Area any waste, sewage, garbage, trash, gasoline, oil, sawdust, debris or other foreign matter.

(b)    It shall be unlawful to abandon personal property of any kind or to leave personal property unattended for more than twenty-four (24) hours within any County Park or Recreation Area.

2-05-1100 FUELS:

It shall be unlawful to bring, carry, store or possess any gasoline or other liquid fuels except that which is contained in storage tanks of vehicles, boats, camping equipment, or in hand portable containers.

2-05-1105 RESTRICTIONS ON USE:

The Public Works Director, the District Engineer, and the General Services Director may close or restrict the use of any County Park or Recreation area or any Public Waters within the County, or of any part or portion thereof, when necessary to protect public health or safety; to perform or provide for maintenance, repair or replacement; or for other reasons in the public interest. Entering or using any County Park or Recreation Area, or Public Waters, or any part or portion thereof, in a manner that is contrary to a posted or signed closure or restriction is unlawful.

2-05-1110 DISTURBANCES:

It shall be unlawful to create or maintain any loud, excessive or annoying noise between the hours of 10:00 p.m. and 6:00 a.m. within any County Park or Recreation Area.

2-05-1115 AMPLIFIED AUDIO DEVICES:

It shall be unlawful to operate or maintain in operation any amplifying, radio, siren, recording, audio or other noise producing or amplifying device within any County Park or Recreation Area without a permit issued by the General Services Director.

2-05-1120 COMMERCIAL ACTIVITIES:

It shall be unlawful to solicit business within any County Park or Recreation Area or upon any Public Waters or to engage in any sale, trade or business within any County Park or Recreation Area or upon any Public Waters without the prior written permission of the General Services Director.

2-05-1125 PERMIT CONDITIONS:

It shall be unlawful to fail to comply with all of the terms or conditions of any permit issued under the provisions of this Chapter.

2-05-1130 DESIGNATED SWIMMING AREAS:

It shall be unlawful for any person to operate any boat, or to ride, pull or tow any aquaplane or water skis within any designated swimming area or within fifty (50) feet of the exterior boundaries of any designated swimming area.

2-05-1135 REPAIRING OR PAINTING BOATS:

It shall be unlawful for any person to repair or paint any boat in a County Park or Recreation Area except in an area designated for that purpose.

2-05-1140 DUMPING FOREIGN MATTER IN WATER:

It shall be unlawful for any person to dump, place, discharge, or deposit in any County Park or Recreation Area or on any Public Waters, any sewage, garbage, human waste, metal cans, trash, gasoline, oil, sawdust, pollutants, debris or other foreign matter, whether from a boat, the shore, or any other place.

2-05-1145 LEAVING BOATS UNATTENDED:

It shall be unlawful for any person owning, possessing or in charge of any boat to leave such boat unattended on the water in a County Park or Recreation Area for a period of more than twenty four (24) consecutive hours, with the exception of boats owned or operated by any concessionaire authorized to operate boats on such waters and with the exception of boats berthed or stored with a concessionaire authorized to berth or store boats on such waters.

2-05-1150 SUPERVISED BOAT RACES, SPECIAL EVENTS, WATER SHOWS AND GROUP OUTINGS:

(a)    It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage the conduct of any races, boat races, speed contests, exhibitions of speed, time trials, record runs or trial runs in preparation of any such event within any County Park or Recreation Area or on any Public Waters unless a permit is issued for such activities by the General Services Director. The foregoing events are unlawful, without permit, regardless of whether or not entry fees are charged or prizes are awarded.

(b)    It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage, or to operate any equipment or facilities in any parasailing or hang gliding activity or in any activity in which three or more water skiers or aquaplaners are towed behind any boat unless a permit is issued for such activity by the General Services Director.

(c)    It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage the conduct of any water carnivals, boat regattas, music festivals, dramatic presentations, water shows, group sporting events or group outings within any County Park or Recreation Area or upon any Public Waters unless a permit is issued for such activities by the General Services Director.

(d)    It shall be unlawful to place or operate any boat, vehicle, wagon or craft within a County Park or Recreation Area or upon any Public Waters for a fee or profit without a permit issued by the General Services Director.

(e)    It shall be unlawful to engage in, sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage in any stunt riding upon any Public Waters unless a permit is issued for such activities by the General Services Director.

2-05-1155 ESTABLISHMENT OF DESIGNATED AREAS:

The Board of Supervisors, by resolution, may designate and cause to be appropriately marked boat launching areas, areas designated exclusively for swimming, areas where swimming is prohibited, areas where diving into the water is prohibited, areas where boats are prohibited, passageways for boats, areas of restricted speed or "slow" areas and other areas in which engaging in specified activities shall be prohibited or permitted, and may change the same from time to time as the public safety and welfare may require, and when so marked it shall be unlawful for any person to fail to comply with such designations.

2-05-1157 INTERFERENCE WITH MARKERS:

It shall be unlawful to secure any floating or stationary mooring facilities to, or interfering with, a buoy, channel marker, designated area marker or other navigational aid upon the River. It shall be unlawful to move, remove or interfere with any buoy, channel marker, designated area marker or other navigational aid placed upon any Public Waters by under section 2-05-1155.

2-05-1160 VIOLATIONS:

(a)    Any person violating any of the provisions of sections 2-05-1135 and 2-05-1145 of this Chapter shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.

(b)    Any person violating any of the provisions of this Article which are declared to be unlawful, other than sections 2-05-1135 and 2-05-1145, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.

ARTICLE 5. USE OF COUNTY PARKS AND RECREATION AREAS

2-05-1210 GENERAL SERVICES DIRECTOR:

The General Services Director shall be responsible for the proper operation and maintenance of County Parks and Recreation Areas pursuant to the provisions of this Chapter and resolutions adopted by the Board of Supervisors pertaining to the use of County Parks and Recreation Areas.

2-05-1215 FIREARMS AND EXPLOSIVES:

(a)    It shall be unlawful for any person to fire or discharge any firearm, air gun, slingshot, explosives, or any firecracker, bomb, torpedo, rocket or other fireworks, or any bow and arrow or fishing spear gun in a County Park or Recreation Area.

(b)    It shall be unlawful for any person to fire or discharge any firearm or air gun, or to shoot an arrow or throw any explosives, or any firecracker, bomb, torpedo, rocket or other fireworks into a County Park or Recreation Area from outside the boundaries of said County Park or Recreation Area.

(c)    This section does not prohibit a public display of fireworks in a County Park or Recreation Area upon issuance of a permit pursuant to section 4-05-1060 of this Ordinance Code.

(d)    This section does not prohibit persons from firing or discharging shotguns or bows and arrows in designated hunting areas. No guns except shotguns loaded with shot may be fired in designated hunting areas.

2-05-1220 HUNTING OR MOLESTING BIRDS OR ANIMALS:

It shall be unlawful for any person to hunt, kill, wound, frighten, capture, injure, tease or otherwise molest any bird or animal within a County Park or Recreation Area, except when necessary to prevent a bird or animal from inflicting personal injury on human beings; provided, however, that the provisions of this section shall not prohibit persons from hunting in designated hunting areas.

2-05-1225 CONTROL OF HUNTING AREAS:

On days when it appears necessary to limit the number of persons in a hunting area in order to lessen the risk of personal injuries, the General Services Director shall issue identifying insignia to each person who enters the hunting area and he shall limit the number of persons allowed in the hunting area at any one time to a number which appears to be reasonable. It shall be unlawful for any person to enter a hunting area on such days without first receiving the identifying insignia issued by the General Services Director. The Board of Supervisors may, by resolution, direct the General Services Department Director to issue such insignia on days designated by such resolution and may establish other rules and regulations for the guidance of the General Services Director in carrying out his duties under this section.

2-05-1230 LAND, VEGETATION AND STRUCTURES:

It shall be unlawful for any person to remove, injure, destroy, pick, dig, break, uproot, dislodge or carry away any plant, tree, flower, shrub, bush, or any branch, limb, bud, shoot or leaf thereof, or any wood, earth, leaf mold, rock or stone, or any building, bench, fence, wall, railing, seat, sign, marker or other structure or to destroy, injure or deface any natural formation, historical feature or archeological feature in a County Park or Recreation Area except with the permission of the General Services Director; provided, however, that the provisions of this section shall not be applicable to conduct which is made a misdemeanor under section 602 of the Penal Code of the State of California.

2-05-1235 MAINTAINING STRUCTURES:

It shall be unlawful to construct, place or maintain any building or structure of any kind other than a boat or recreation vehicle under, upon, in or over any County Park or Recreation Area or Public Waters without the express written permission of the General Services Director.

2-05-1240 DOMESTIC ANIMALS, BIRDS AND FOWL:

It shall be unlawful for any person to bring or permit any domestic animal, bird or fowl, including but not limited to livestock, poultry and pets, except dogs while on a leash, within a County Park or Recreation Area; provided, however, that horses may be ridden within a County Park or Recreation Area on trails and in areas designated for that purpose. Dogs need not be on a leash while within designated hunting areas. It shall be unlawful to take a dog into a designated hunting area, or allow a dog to enter a designated hunting area, during the months of April, May and June of each year, regardless of whether or not the dog is on a leash. It shall also be unlawful to take a dog into a designated hunting area, or allow a dog to enter a designated hunting area, during the hours between sunset of any day and sunrise the next morning, regardless of whether or not the dog is on a leash.

2-05-1245 ADVERTISING:

It shall be unlawful for any person to place, deposit, use, maintain or post any handbill, circular, pamphlet, audio device or advertisement within a County Park or Recreation Area without the written permission of the General Services Director.

2-05-1250 FIRES:

(a)    It shall be unlawful for any person to build, light, start, ignite, kindle or maintain a fire in a County Park or Recreation Area except in fireplaces, fire pits or stoves established and maintained by the General Services Department for such purpose; provided, however, that persons may use portable stoves or grills for cooking purposes in designated campsites and designated picnicking areas. Any person who uses such a fireplace, fire pit or stove for the purpose of lighting or maintaining a fire therein shall keep the ground surrounding said fireplace, fire pit or stove free of wood, moss, leaves, branches or other combustible materials for a radius of six (6) feet until such fire is extinguished. Any person who builds, lights, starts, ignites, kindles or maintains any fire in a County Park or Recreation Area shall not leave said fire unattended until it is completely extinguished.

(b)    It shall be unlawful for any person to throw away any lighted match, cigarettes, cigar, pipe ash or other ignited material in a County Park or Recreation Area, except in receptacles or places especially designated and provided for such purpose.

2-05-1255 WASHING ARTICLES:

It shall be unlawful for any person to wash, rinse, or otherwise clean any cooking or eating utensils, food, clothes, camping equipment or any other articles in any lake, river, stream, pond, pool or other body of public waters, or at any hydrant, within a County Park or Recreation Area.

2-05-1260 DUMPING GARBAGE:

(a)    It shall be unlawful for any person to bring any garbage, refuse, trash or rubbish into a County Park or Recreation Area and deposit it in the receptacles within the County Park or Recreation Area.

(b)    It shall be unlawful for any person to bring any garbage or refuse, trash, rubbish, material or liquid substance into any County Park or Recreation Area or any Public Waters for the purpose of disposal.

2-05-1265 OPERATION AND PARKING OF VEHICLES:

(a)    It shall be unlawful for any person to drive any vehicle at a speed greater than fifteen (15) miles per hour in a County Park or Recreation Area.

(b)    It shall be unlawful for any person to drive any vehicle or trailer on or across, or to park or leave standing any vehicle or trailer upon, any lawn in a County Park or Recreation Area without the permission of the Board of Supervisors.

(c)    It shall be unlawful for any person to obstruct the free passage or travel of pedestrians or other vehicles on any road, walk, trail or path in a County Park or Recreation Area.

(d)    It shall be unlawful for any person to ride or drive any vehicle on or across any walk, trail or path where signs have been posted stating that such use is prohibited.

2-05-1270 ENTERTAINMENT:

It shall be unlawful for any person to hold, set up, conduct or maintain any show, exhibition, performance, concert, play or dance in a County Park or Recreation Area without the permission of the Board of Supervisors.

2-05-1275 ALCOHOLIC BEVERAGES: DEFINITION OF:

As used in this chapter, the phrase "alcoholic beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, liquor, wine, or beer and which contains one-half (1/2) of one (1) per cent or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

2-05-1280 ALCOHOLIC BEVERAGES: CONSUMPTION OR POSSESSION OF:

(a)    Whenever the director of the General Services Department presents to the Board of Supervisors information which indicates that consumption of alcoholic beverages in a County Park or Recreation Area has resulted in the necessity of County personnel summoning law enforcement to control or respond to problems or situations related to the consumption of alcohol, the Board of Supervisors may declare by resolution pursuant to this section and Business and Professions Code section 25620 that consumption of alcoholic beverages or possession of open containers of alcoholic beverage in said County Park or Recreation Area is prohibited as hereinafter set forth. A County Park or Recreation Area so designated shall be known as an Alcohol Free Park or Recreation Area.

(b)    If the Board of Supervisors determines that a County Park or Recreation Area is an Alcohol Free Park or Recreation Area, it shall then be unlawful for any person to consume any alcoholic beverage in said Alcohol Free Park or Recreation Area.

(b)    If the Board of Supervisors determines that a County Park or Recreation Area is an Alcohol Free Park or Recreation Area, it shall then be unlawful for any person to possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed said Alcohol Free Park or Recreation Area.

(d)    A County Park or Recreation Area designated as an Alcohol Free Park or Recreation Area shall have notice of same prominently posted at all common entry points, and not less than every three hundred (300) feet along any boundary of said Alcohol Free Park or Recreation Area which is adjacent to a public street. Said notice shall read substantially as follows:

Consumption of alcoholic beverages and possession of any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed is PROHIBITED in [name of Alcohol Free Park or Recreation Area] pursuant to Tulare County Ordinance Code section 2-05-1280 and Resolution [number] of the Tulare County Board of Supervisors.

(e)    Violation of this section shall be punishable as a infraction as provided in this Code.

2-05-1285 ALCOHOLIC BEVERAGES: SALE OF:

(a)    A social, political or business group or organization or an other group or organization may sell alcoholic beverages to members or guest of the group or organization within a County Park or Recreation Area so long as the alcoholic beverages are made available only in exchange for script or tickets sold to the purchasers, and not by direct exchange of money for alcoholic beverages, or included in part of an overall charge made for attendance at the function.

(b)    No sale of alcoholic beverages shall be permitted if the County Park or Recreation Area has been designated an Alcohol Free Park or Recreation Area pursuant to section 2373.2.

(c)    It shall be unlawful to sell alcoholic beverages within a County Park or Recreation Area except as set forth in this Chapter.

2-05-1290 EXCEPTION: STATE LAW:

Sections 2-05-1280 and 2-05-1285 shall not be deemed to make punishable any act or acts, which are prohibited by any statute of the State of California.

2-05-1295 HOURS OF OPERATION:

County Parks and Recreation Areas shall be closed to use by the public during such hours as the Board of Supervisors may establish by resolution. It shall be unlawful for any person to enter, trespass, loiter or remain in a County Park or Recreation Area during such time as the County Park or Recreation Area is closed to use by the public, unless said person first receives written permission to do so from the General Services Director, or unless said person is occupying a designated campsite pursuant to a valid camping permit, or unless said person is camping in a boat in an area designated for that purpose.

2-05-1300 CAMPING:

(a)    The fee for camping within a County Park or Recreation Area shall be in an amount established by resolution of the Board of Supervisors and shall be paid in advance. Such fees shall be collected by authorized employees of the General Services Department and deposited in the County Treasury. A camping permit shall be issued to the person paying the camping fee, which permit shall state the name of such person and the number of days for which fees have been paid. Campers shall show their permits to employees of the General Services Department on request. Campers who remain in their improved campsite after 1:00 p.m. shall pay an additional day’s fee.

(b)    It shall be unlawful for any person to use an improved campsite without paying the fees chargeable therefore. It shall be unlawful for any person to camp anywhere in a County Park or Recreation Area other than an improved campsite unless he first secures the consent of an employee of the General Services Department and camps at the place designated by such employee of the General Services Department.

(c)    The General Services Department Director may, in his discretion, issue special camping permits to organized nonprofit youth groups, allowing such groups to camp in designated areas within a County Park or Recreation Area for specified periods, without charge.

(d)    The camping limit shall be fifteen (15) days for each person or group of persons who use an improved campsite. Not more than ten (10) persons, and one (1) motor vehicle and one (1) recreational vehicle shall occupy an improved campsite, provided that the General Services Director, or his or her designee, may, in his or her discretion, authorize up to three (3) additional recreational vehicles per improved campsite upon payment of an additional daily campsite fee for each such additional vehicle.

2-05-1305 SAME: USE OF CERTAIN PARK FACILITIES PROHIBITED:

It shall be unlawful for any person to connect a trailer, camper or other vehicle to a water faucet or hydrant by a hose, pipe or other connecting device.

2-05-1310 ESTABLISHMENT OF DESIGNATED AREAS:

The Board of Supervisors, by resolution, may designate and cause to be appropriately marked vehicular roads, trails or footpaths, camping areas, parking areas, areas for various kinds of recreation, areas for engaging in certain specified activities and areas where engaging in certain specified activities shall be prohibited, and may change the same from time to time as the public safety and welfare may require, and when so marked it shall be unlawful for any person to fail to comply with such designations.

2-05-1315 VIOLATIONS:

(a)    Any person violating any of the provisions of sections 2-05-1215, 2-05-1250, 2-05-1260 and 2-05-1285 of this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.

(b)    Any person violating any of the provisions of this Article, which are declared to be unlawful, other than sections 2-05-1215, 2-05-1250, 2-05-1260 and 2-05-1285, shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.