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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER I. GENERAL INFORMATION

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
GENERAL INFORMATION

ARTICLE 1.
GLOSSARY

Sec. B14-11.1. Glossary.

(a) Activity fee: A fee levied in connection with certain park uses, such as boat launching.

(b) Agreement: A contract, lease, license or permit relating to the use of park property.

(c) Alcoholic beverage: Includes alcohol, spirits, liquor, wine, beer and every liquid containing alcohol used as a beverage.

(d) Board of Supervisors: The Santa Clara County Board of Supervisors.

(e) Commercial photography: Black and white or color photography that is performed for profit or may be sold for profit at a later date.

(f) Commercial filmmaking: Videotaping or filming which is performed for profit or which may be sold for profit at a later date.

(g) Commission: The Parks and Recreation Commission of the County of Santa Clara.

(h) Concession: A person or agency that provides specialized services or facilities to the Department for a fee or other reciprocation exchange for the service.

(i) County: The County of Santa Clara.

(j) County Executive: The County Executive of Santa Clara County or designated representative.

(k) Department: The Parks and Recreation Department.

(l) Deposit: A refundable charge collected at the time of reservation assuring that costs may be recovered by the Department for cleaning, repair or damages, or any other extra service incurred during use of park facilities.

(m) Direct costs: Those costs which reflect the actual costs of providing park facilities, services and programs, including supervisory and instruction staff, expendable materials and supplies, transportation, publicity printing, and any other costs which are directly attributable to the provision of a service.

(n) Director: The Director of the Parks and Recreation Department or designated representative.

(o) Disabled: A driver whose vehicle displays the "disabled" license plate or placard issued by the State Department of Motor Vehicles, or a permit issued by the Parks and Recreation Department.

(p) Indirect costs: Those costs that cannot be specifically or readily identified with the provisions of facilities or services, but which are incurred by the Department as part of its overall operation; these costs include capital outlay, utilities, administration and supplies.

(q) Minor/youth: Persons under 18 years of age.

(r) Motor vehicle: Any multiwheeled, treaded or sledge type vehicle that is propelled by a motor or engine, including vehicles known as "recreation vehicles."

(s) Motorized device: Any motor-driven cycle or motorized bicycle as defined in California Vehicle Code §§ 405 and 406; any motorized skateboard or scooter.

(t) Oversized boat: Boats in excess of 26 feet in length or 4,500 pounds in weight.

(u) Park charter funds: A set-aside of property tax revenue for parkland acquisition, development, operations and maintenance.

(v) Park user fee: A charge for reservation and use of Department facilities, which is only refundable subject to the cancellation policy and which does not exceed the combined direct and indirect cost of delivering the service.

(w) Park waters: Any lake, reservoir, pond, river, stream or other body of water within a park.

(x) Personal watercraft: Craft less than 13 feet in length, designed to be operated by a person or persons sitting, standing, or kneeling on the craft rather than within the confines of a hull.

(y) Reimbursable recreational activity: Classes, activities or programs that provide specialized instruction and services to the public for which all direct and indirect costs are recovered and which does not exceed the combined direct and indirect cost of delivering the class, activity or program.

(z) Senior citizen: A person whose age exceeds 60 years.

(aa) Senior organization: Any senior organization, with membership comprised solely of seniors, with nonprofit status.

(ab) Special event: An activity or event which has been advertised or noticed in any publication, poster or flyer; or requests or requires a fee be paid for participation; or may be attended by 20 or more people.

(ac) Use permit fee: A charge for reservation and use of Department facilities, which is only refundable subject to the cancellation policy.

(ad) Vehicle entrance fee: A fee for entry of or the parking of a motor vehicle within a park or designated area.

(ae) Vessel: Any watercraft used, or capable of being used, as a means of transportation or recreation on water.

(af) Waiver: A relinquishment of the Department's right to charge all or part of a fee or fees.

(ag) Youth organization. Any youth organization, with membership comprised predominately of minors, with nonprofit status.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 1, 9-25-07)

ARTICLE 2.
PARK CUSTODY

Sec. B14-12.1. Custody of park property.

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

(b) Whenever a menace to public health or safety is created by calamity or natural disaster, or when in the opinion of the Director that a hazardous condition exists due to overcrowding or civil disorder, the Director may close the park or facility to further public entry and may direct the public to vacate the facility or park.

(c) The Director may from time to time establish prohibited or limited areas to avoid interference in development, construction and management, or provide for security, safeguarding or preservation of property within the County park system. The Director shall declare an area prohibited or limited by written or verbal 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.

(d) The Department is hereby authorized to allow the use of buildings and facilities under such rules and regulations as will ensure orderly and safe use of property. For the safety and welfare of citizens of Santa Clara County, 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 by controlling the type of activities. 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.

(e) Any unauthorized person who willfully and knowingly enters an area closed, prohibited or limited pursuant to Subdivision (a) or (b) or who willfully remains within such area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-12.2. Penalty.

Except for conduct expressly declared in this division to constitute a misdemeanor, any person who violates any provision of this division pertaining to the Department and park properties, or fails to comply with any of the mandatory requirements of this division, shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this division shall be punishable by a fine of not more than $500.00. Any person convicted of a misdemeanor under the provisions of this division shall be punishable by a fine of not more than $500.00, or imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during which any portion of any violation of the provisions of this division is committed or permitted by any such person, and shall be punishable accordingly.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 3.
NEGLIGENT OR RECKLESS CONDUCT

Sec. B14-13.1. Miscellaneous activities.

(a) No person shall engage in any activity or operate any device negligently or recklessly as to endanger any person, wildlife or property.

(b) Any person who violates Subsection B14-12.1(a) [B14-13.1(a)] shall be guilty of a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 4.
PARK HOURS

Sec. B14-14.1. Establishment.

The Director has the authority to establish the hours during which any park, building, road, ground or other facility is open to the public.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-14.2. Notice.

Notice of such hours shall be conspicuously posted at the park, building, road, ground or facility.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-14.3. Entering, remaining after hours.

No person shall enter or remain in any park, facility, building, road or grounds, during those hours of the day or night when they are closed to the public pursuant to this article, unless authorized by the Department.

(Ord. No. NS-702.89, § 2, 12-18-01)