The County of Santa Clara - SCC Public Portal

View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

(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)

CHAPTER II.
RESOURCE PROTECTION

ARTICLE 1.
FIRE PREVENTION

Sec. B14-21.1. General.

It shall be the duty of every person to make the suppression and prevention of fire their first consideration while using any park area. No person shall make any wasteful or negligent use of combustible materials.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-21.2. Fires.

(a) No fire shall be built, lighted or maintained within any park area except in a camp stove or fireplace provided in areas designated for such purposes.

(b) All campfires must be extinguished before leaving an area unattended.

(d) The Director may restrict fires to charcoal or gas stoves only in designated areas.

(e) Any person who violates this section shall be guilty of a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-21.3. Fireworks prohibited.

(a) Notwithstanding any other provisions of this Code, no person shall possess or use any fireworks, model rockets, or pyrotechnic device of any description in any park area, except that a public agency situated within the County may apply to the Director for a special permit to conduct a public fireworks display in order to celebrate a historical event of great and special significance to the public agency. The Director may issue a permit and may subject such a permit to any reasonable conditions, including but not limited to the payment of fees, deposits and bonds to cover costs. Such a permit shall only authorize the use of fireworks by persons who possess valid pyrotechnic operator licenses issued by the State Fire Marshal.

(b) Any person who violates this section shall be guilty of a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-21.4. Removal of combustible materials near fires.

Any person building a campfire shall remove all dead wood, moss, dry leaves or other combustible or flammable material a minimum of five feet from open flame so that the danger of any fire spreading shall be minimized.

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

Sec. B14-21.5. Smoking.

Smoking may be prohibited in designated park areas. Notice of such prohibition shall be conspicuously posted at the park area.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 3, 9-25-07)

ARTICLE 2.
DUMPING; LITTERING; CLEANLINESS

Sec. B14-22.1. Disposal of garbage, rubbish.

(a) No person shall leave bottles, broken glass, ashes, wastepaper or other rubbish in any park area except in a receptacle designated for such purpose.

(b) No person shall leave or dump any garbage not related to authorized park use in receptacles provided for park use within a park area.

(c) No person shall dump or cause to be dumped any waste matter, garbage, dirt, rocks, vegetation or other rubbish in or upon any park property without the written permission of the Director.

(d) Any person violating Subsection (c) is guilty of a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 4, 9-25-07)

Sec. B14-22.2. General cleanliness of campsites and picnic sites.

All campsites and picnic sites shall be kept clean and free from rubbish and litter of any kind by the users.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-22.3. Washing and bathing.

Except at places provided for such purposes, no person shall bathe, or wash clothing or cooking utensils in any park area.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 3.
FLORA AND FAUNA

Sec. B14-23.1. Protection of foliage.

(a) No person shall pick any flowers, foliage, berries or fruit or any other natural object originating in the park without first having obtained a permit from the Director.

(b) No person shall mutilate or injure any trees, shrub, plant, fern, grass, turf, or any other natural resource in any park area.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-23.2. Gathering wood.

No unauthorized person shall cut, gather or remove any trees or branches in any park.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 5, 9-25-07)

Sec. B14-23.3. Firewood.

The cutting of firewood is prohibited except by permit issued by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-23.4. Introduction of flora and fauna.

No person shall introduce any flora or fauna in any County park without written authorization.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-23.5. Exemption from Solar Shade Control Act.

The lands of the County of Santa Clara, under the custody of the Director of the Department of Parks and Recreation, are protected lands held in trust for the people of the County of Santa Clara, are exempted from the provisions of the Solar Shade Control Act which provides that any person owning or in control of property shall take action to remove or alter trees or shrubs which interfere with a solar collector or other solar energy device pursuant to Public Resources Code § 25980 et seq.

(Ord. No. NS-300.661, § 1, 3-19-02)

ARTICLE 4.
FISH; WILDLIFE

Sec. B14-24.1. State laws applicable to fishing.

In lakes, ponds or streams in any park, state laws regulating the taking of game fish shall apply.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-24.2. Fishing permitted; limited to children.

(a) The Director may designate certain ponds for fishing by minors not over the age of 12 years or under the age of five years. The Director shall designate by clear and legible signs or posters the ponds set aside for fishing by minors not over the age of 12 years nor under the age of five years.

(b) Fishing is prohibited at areas designated in Subsection (a) for all other persons.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 5A, 9-25-07)

Sec. B14-24.3. Hunting, harassing or taking of wildlife prohibited.

(a) All park areas of the County are declared to be sanctuaries for wildlife of every sort and the taking, hunting or harassing of any wild bird, mammal, reptile or amphibian is prohibited. This section shall not apply to fish and other aquatic forms permitted to be taken under Section B14-24.1.

(b) As used in this section, "taking" means hunting, pursuing, catching, capturing, possessing or killing, or attempting to hunt, pursue, catch, capture, possess or kill any wild bird, mammal, reptile, amphibian or parts thereof.

(c) This section does not apply to the taking of any bird, mammal, reptile, amphibian or parts thereof by any person or persons duly appointed and authorized by the County to perform such services, and where such taking occurs while said person or persons are acting within the course and scope of the performance of such services. County may authorize such takings in the following circumstances:

(1) The taking of any bird, mammal, reptile, amphibian or parts thereof, noxious pest or vermin in order to protect the public health, safety and welfare in the control of disease transmission, or to prevent excessive damage to park facilities and to other protected fauna and flora.

(2) The taking of any bird, mammal, reptile, amphibian or parts thereof in order to humanely assist, aid and protect the animal where an emergency exists which constitutes a danger to the health, safety and welfare of such animal, and such taking is deemed necessary.

(d) Any violation of Subsection (a) of this section shall be punishable as a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 6, 9-25-07)

Sec. B14-24.4. Feeding wildlife.

No person shall feed park wildlife unless authorized by the Director in writing.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 7, 9-25-07)

Sec. B14-24.5. Molesting livestock prohibited.

No person shall molest, harass or injure livestock in any part or portion of any park area.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 5.
GEOLOGICAL; ARCHEOLOGICAL

Sec. B14-25.1. Excavations.

No person shall dig or remove any dirt, stone, rock, archeological artifacts or other substance or make any excavation or quarry any stone or cause or assist in or set off any explosive or expansive materials within any park area without a written permit issued by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-25.2. Reserved.

Editor's note--Ord. No. NS-702.91, § 8, adopted September 25, 2007, repealed § B14-25.2, which pertained to use of metal detectors. See also the Code Comparative Table.

ARTICLE 6.
IMPROVEMENTS

Sec. B14-26.1. Disfiguring property.

No person shall cut, carve, paint, mark, paste or fasten any bill, advertisement, inscribe or otherwise disfigure any fence, wall, building, sign or monument or any other object within any park area.

(Ord. No. NS-702.89, § 2, 12-18-01)

CHAPTER III.
GENERAL PUBLIC CONDUCT

ARTICLE 1.
FIREARMS AND WEAPONS

Sec. B14-31.1. Firearms and weapons.

(a) No person shall have in his possession, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on or into County park lands any weapon, spear, missile, sling shot, trap or hunting device, air or gas weapon, throwing knife or axe, or any other weapon or device capable of injuring or killing any person or animal, damaging any property or natural resource, except in areas established for such use or while in direct transit to or from such areas and available parking .

(b) Violation of Subsection (a) shall be punishable as a misdemeanor.

(c) No person shall have in their possession air guns or paintball guns in any park, except in areas established by the Director for target practice or while in direct transit to or from such areas.

(d) No person shall discharge air guns or paintball guns in any park except in areas established by the Director for target practice.

(e) The Director shall establish rules and regulations for the use of archery, shotgun, rifle and pistol ranges. Rules and regulations pertaining to the use of the ranges and areas designated for such use that have been established by the Director shall be clearly posted at each range, and copies of the rules and regulations shall be placed on file in the office of the Clerk of the Board of Supervisors.

(f) No person shall violate any rule or regulation established pursuant to this section.

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

ARTICLE 2.
DISORDERLY CONDUCT

Sec. B14-32.1. Disorderly conduct.

(a) Any of the following persons is guilty of disorderly conduct.

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

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

(3) 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.

(b) Any person who violates this section shall be guilty of a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-32.2. Possession of alcoholic beverages.

(a) The Director may designate and establish areas within the boundaries of any park in which the possession of any alcoholic beverage is prohibited or limited. The Director shall post such areas with clear and legible signs setting forth the prohibition or limitations thereof.

(b Any person who violates this section shall be guilty of a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 10, 9-25-07)

Sec. B14-32.3. Gambling prohibited.

No person shall participate in any game of chance or in gambling of any form in any park area.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 3.
MOTORIZED VEHICLES AND DEVICES

Sec. B14-33.1. Moving vehicles and other motorized devices.

Within a park no person shall drive, or propel any vehicle or other motorized devices:

(1) On any trail or in any area unless designated for such use; or

(2) On any park road where vehicles and other motorized devices are prohibited, with the exception of authorized vehicles.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-33.2. Parking.

(a) No unauthorized vehicle shall be left standing, whether attended or unattended, in the following areas:

(1) In any County park property after posted park hours.

(2) On any trail or in any area not designated for such use.

(3) At any time in front of a public or private road or driveway entrance.

(4) In any limited parking area longer than the posted limit.

(5) In any passenger or commercial loading zone.

(b) All vehicles parked or left standing on any County park property shall be positioned entirely within a parking space and so that the front end of the vehicle is facing the divided or closed end of the parking space.

(c) No vehicle shall be left standing, whether attended or unattended on the grounds of any County parkland for the purpose of:

(1) Displaying such vehicle for sale.

(2) Servicing, repairing, assembling, disassembling, modifying or otherwise working on such vehicle except when repairs are necessitated by an emergency.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-33.3. Speed.

No person shall drive any vehicle or other motorized devices in any public park at a speed greater than is reasonable or prudent, having due regard for the traffic on and the surface and width of the roadway. No person shall drive a vehicle in any public park at a speed in excess of 20 miles per hour, unless otherwise posted.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-33.4. Registration of vehicles and vessels.

No vehicle or vessel shall be driven, moved or left standing in any public park, which is not duly registered in accordance with the provisions and requirements of the California Vehicle Code.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-33.5. Highway.

This article is not applicable to any state or County highway.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 4.
ANIMALS, PETS AND HORSES

Sec. B14-34.1. Pets in parks.

(a) An owner or person responsible for the control of a dog, pet or other animal may take such animal into a specifically designated area within certain County parks, including roads, pathways, and trails, which are open to the public, subject to the following conditions and requirements:

(1) Dogs and other animals shall not be permitted in children's playgrounds.

(2) Dogs and other animals shall be controlled by a leash, which is not more than six feet in length except in areas designated for dogs off leash.

(3) The Director has the authority to establish rules and regulations to be posted at off-leash dog parks.

(4) Dogs in designated off-leash areas will be at all times under the control of and visible to the owner. It is the dog owner's responsibility, or that of the individual who has the custody or care of the dog, to ensure that their animal does not interfere with, bother, harass or harm park users, birds, mammals, reptiles, amphibians or other wildlife or park resources.

(5) Each pet requiring a license shall be properly licensed, and proof of such license shall be visible on the animal.

(b) No person having control or care of any dog, pet or other animal shall permit such animal to enter or remain in any park or area of the park prohibited to such animals.

(c) A person shall, in the event that his or her dog or pet defecates on park property, remove the animal waste from the park and place it in a proper receptacle.

(d) A person shall, in the event that his or her horse defecates on park property in a parking lot or paved areas (including paved trails), remove the animal waste from the park and/or place it in a proper receptacle.

(e) Park rangers may require the owner or caretaker to remove the animal from the park if the animal poses a threat to public safety and welfare or creates a public nuisance. If the owner or caretaker does not remove the animal, then the park ranger may:

(1) Issue a citation to the owner or caretaker; and

(2) Remove or cause removal of the animal from the park or trail area.

(f) No more than two dogs, pets, or other animals shall be allowed to occupy a campsite.

(g) The Director may issue permits to conduct special dog, cat, or other pet events, such as shows, training exercises, and other activities involving animals, in areas designated by the Director.

(h) The list of County parks allowing pets in specifically designated areas shall be maintained by the Director and made available to the public through the Department's website and at Department offices. The Director shall designate the permitted and prohibited areas by appropriate signs.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 11, 9-25-07)

Sec. B14-34.2. Overnight restrictions on pets.

Pets, which are taken into overnight campgrounds, shall be restricted to tents, campers, automobiles or other confined quarters during the nighttime hours.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-34.3. Grazing.

No person shall bring any animal upon park property for the purpose of grazing or holding animals without the expressed written consent of the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 5.
COMMERCIAL ACTIVITIES

Sec. B14-35.1. Prohibited activities.

No person or organization shall engage in the business of commercial filmmaking, photography, soliciting, selling or peddling any liquids or edibles for human or animal consumption, or distribute circulars or hawk, peddle or vend any goods, wares, merchandise or services of any kind without a permit (as required by Chapter V, Article 4, commencing with Section B14-54.1) and payment of a fee established by resolution. All applications under this section shall be submitted to the Department.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 6.
NOISE

Sec. B14-36.1. Noise regulations.

(a) It shall be unlawful for any person to willfully make or continue or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet within any area within County parks or which causes discomfort or annoyance to any reasonable person of normal sensitiveness utilizing any facility of the County parks, as determined by the park ranger.

(b) Amplified noise may be allowed under special circumstances by special use permit.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 7.
PUBLIC DEMONSTRATIONS

Sec. B14-37.1. Public demonstration.

No person shall engage in any oration, harangue or other public demonstration in any public park in the County which involves an assembly of 25 persons or more, or provides for the use of amplification of sound, or for which a person has group, or association, has invited an assembly through leafleting or other invitation without first receiving written authorization from the Director. The Director shall issue or deny the permit within four working days of receipt of the application. The permit shall specify any conditions regulating the time, place or manner of the public demonstration. An applicant may appeal the decision of the Director to the County Executive, who shall grant or deny the permit with conditions and whose determination shall be final. Any denial shall specify the reasons therefor.

(Ord. No. NS-702.89, § 2, 12-18-01)

CHAPTER IV.
PUBLIC USE AREAS

ARTICLE 1.
WATER RECREATION

Sec. B14-41.1. Regulations authorized.

The Director shall adopt rules and regulations consistent with applicable laws or regulations governing the public use of water recreation facilities in the County, including but not limited to time-of-day restrictions, speed zones and special use areas, sanitation, pollution and reporting of accidents.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-41.2. Compliance.

All persons using County park waters shall comply with California boating laws, County ordinances and rules.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-41.3. Boat centers.

(a) The rental fees for regular berthing, mooring or dry storage of vessels at any boat center shall be for each month of a calendar year. The fee for berthing, mooring or dry storage of vessels after the first day of any month of the year shall be prorated for the remaining number of days of such month.

(b) Rent payments shall be made on or before the date specified on the billing notice. A delinquent penalty of one percent per month on any outstanding balance shall be added for each and every month beyond the due date that the rental payment is thereafter delinquent.

(c) The Director may establish rules and regulations pertaining to the use of park land for berthing, mooring or dry storage of vessels.

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

Sec. B14-41.4. Limitation on use of facilities.

No persons other than those renting storage space, or guests of such persons, shall enter into storage area or on berthing docks and slips. No boat shall be tied, berthed or stored except in a berth specifically provided for public rental for which an application has been filed and the required fee has been paid.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-41.5. Boating activities.

(a) Powerboats, personal watercraft, boats with electric motors and nonpowered vessels shall be permitted only on those park waters designated for such use by the Director.

(b) The maximum speed on all County reservoirs permitting unlimited power boating shall be 35 miles per hour.

(c) "No wake zones" and other special use areas may be established on park waters by signs or buoys; the speed limit shall be five miles per hour.

(d) Powerboat and personal watercraft travel within Anderson, Calero, and Coyote reservoirs shall circulate in a counter-clockwise direction unless otherwise designated by the Director.

(e) Boating hours shall be 8:00 a.m. to one-half hour before sunset unless otherwise specified by the Director.

(f) No vessels shall beach on the east shore of Coyote Reservoir.

(g) Vessels may be subject to inspection for seaworthiness and safety gear. The park ranger on duty shall have the authority to determine the seaworthiness of any vessel and to exclude those determined to be unsafe.

(h) The park ranger on duty shall have the authority to declare any park waters closed to any or all vessels by reason of hazardous conditions.

(i) The park ranger on duty shall have the authority to determine the safe boating capacity of park waters and shall have the authority to limit the number of boats launched to this capacity.

(1) Boats in excess of 26 feet in length, or 4,500 pounds in weight, or boats requiring special equipment shall not be launched from ramps operated by the County except by special permit issued by the Director.

(2) The park ranger on duty shall have the authority to refuse entry to any vessel unsuitable for a park facility.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-41.6. Swimming.

Swimming, wading, diving and jumping into a reservoir or other water bodies is prohibited, except in specifically designated areas at designated times.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 13, 9-25-07)

Sec. B14-41.7. Float tubes.

A float tube is a commercially manufactured device considered to be a flotation aide for the sole purpose of fishing. They are permitted on County reservoirs during normal reservoir hours in non-traffic pattern areas for the sole purpose of fishing as long as the reservoir is open for public use. A Coast Guard-approved personal flotation device is required to be on board.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 14, 9-25-07)

Sec. B14-41.8. Permitted diving.

A special permit is required if park waters are to be used by scuba or any other type of underwater divers to retrieve personal items belonging to park users. The permit shall be conditioned upon the diver providing proof of specified insurance or bond in an amount set by the Director, the execution of a waiver of liability, the certification of divers, and the observation of protocols and use of equipment relating to the safety of this activity.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 15, 9-25-07)

ARTICLE 2.
TRAILS

Sec. B14-42.1. Equestrian trails.

(a) Within a park, no person shall ride, lead, drive or leave standing any horse or animal pulled cart or wagon on any trail or in any area, other than on authorized trails or in authorized areas.

(b) This section is not applicable to any state or County highway.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 16, 9-25-07)

Sec. B14-42.2. Bicycle trails.

(a) Park trails and roads may be used in the following manner consistent with their posted designation.

(1) The Director may establish bicycle trails in County parks.

(2) The Director or designee may temporarily close a bicycle trail in order to ensure the safety of persons or property or to protect the environment.

(3) The Director may temporarily prohibit the operation of bicycles on park roads and trails.

(b) No person shall operate or possess a bicycle within a County park except:

(1) On trails designated as "bicycle trails" or with other similar signage or symbol;

(2) On trails and park roads that are the responsibility of the Department, as long as the operation of bicycles is not prohibited by appropriate signage.

(1) Negligent, unsafe or reckless, or in any way that endangers any person or property;

(2) At a speed greater than 15 miles per hour;

(3) At a speed which is greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, a park road or bicycle trial or at a speed which endangers the safety of persons or property;

(4) In violation of any applicable provision of the California Vehicle Code.

(d) A person operating a bicycle in a County park shall yield to all equestrians and hikers who are crossing a bicycle trail, highway, street or road. When approaching equestrians or hikers from the rear, the person operating a bicycle shall audibly warn of his or her presence and, when passing, exercise due care.

(e) Pursuant to Vehicle Code § 21212, persons under age 18 operating a bicycle, non-motorized scooter or skateboard must wear an ANSI, Snell, or other state-approved helmet for head protection on bicycle trails, pathways and promenades in County parks.

(f) All persons age 18 years and over operating a bicycle must wear an ANSI, Snell, or other state-approved helmet for head protection on unpaved bicycle trails in County Parks.

(g) A person skating or rollerblading in a County park shall yield to all equestrians and hikers who are crossing a bicycle trail, highway, street or road. The skater or rollerblader shall audibly warn of his or her presence and, when passing, exercise due care.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 17, 9-25-07)

ARTICLE 3.
DAY USE

Sec. B14-43.1. Picnic.

(a) Family picnic sites, are available on a first-come, first-served basis with no reservation permit required. A family or group may not occupy more than one designated family picnic site.

(b) Use of designated group picnic areas is required for groups of more than 30 persons available through reservation permit only.

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

Sec. B14-43.2. Youth day camping.

(a) Youth day camp sponsors shall comply with procedures and guidelines set forth by the Department.

(b) The conditions and fees relating to day camp use by youth organizations are as follows:

(1) A permit is required.

(2) The maximum reservation period is ten consecutive days, not including weekends or holidays.

(3) The fees may be waived by the Director in exchange for services provided to County parks within the capability of the group.

(4) Vehicle entry fees are waived for youth day camp sponsors and staff volunteers.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 4.
CAMPING

Sec. B14-44.1. Vehicles.

Maximum of two vehicles is allowed per campsite.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-44.2. Time limits.

(a) No permit shall be issued to camp in any County park for more than 14 days within any 45-day period. The Director may grant special camping permits for a longer period to camp hosts or organizations sponsoring recreation programs.

(b) Notwithstanding Subsection (a) above, campers may not camp for more than a total of 14 days in any County park between Memorial Day and Labor Day.

(c) In all County parks, campers shall vacate the site before 1:00 p.m. on the departure date, except on Sunday, provided the Sunday is not followed by a holiday.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-44.3. Capacity.

Each family campsite is limited to no more than eight persons, except at Sanborn Park where the limit is six persons.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-44.4. Camping by minors.

Persons under 18 years of age are not permitted to camp overnight unless accompanied by a responsible adult. Written proof of age is required.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-44.5. Designated parks for camping and recreational vehicles.

(a) Camping activities shall be restricted to established campsites described in writing or in graphics at designated County parks.

(b) Individual recreation vehicles are permitted at Grant, Mt. Madonna, Uvas Canyon, Coyote Lake and Sanborn.

(1) Huckleberry Group Camp Site: 15.

(2) Manzanita Group Camp Site: 30.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-44.6. Quiet hours

Quiet hours at all park campsites are from 10:00 p.m. to 7:00 a.m. Loud noises from any source are not permitted during this period.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-44.7. Reserved.

Editor's note--Ord. No. NS-702.91, § 19, adopted September 25, 2007, repealed § B14-44.7, which pertained to pets. See also the Code Comparative Table.

Sec. B14-44.8. Youth group overnight camping.

Youth organizations may reserve designated group campsites in accordance with rules and regulations established by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 20, 9-25-07)

ARTICLE 5.
SPECIAL PARK FACILITIES

Sec. B14-45.1. Special park facilities.

(a) Use of special park facilities is subject to compliance with departmental rules and regulations on file with the Department. These facilities may include, but are not limited to: Motorcycle Park, Vasona Boating Center and Field Sports Park.

(b) Motorcycle Park.

(1) Persons using the County Motorcycle Park are subject to all of the use and conduct provisions of this Ordinance Code, including any additional provisions contained in this chapter, and to all state statutes and regulations pertaining to motorcycles, off-road vehicles, equipment, registration and licensing.

(2) All persons and vehicles using the Motorcycle Park or seeking admittance, are subject to inspection by the person in charge at the park for compliance with all vehicle safety regulations and other legal requirements, registration and licensing, and the person in charge shall have the authority to prohibit the use of, or entry to, the park by any person or vehicle failing to comply with such regulations or other legal requirements. Safety helmets must be worn at all times by riders while riding on the Motorcycle Park premises.

(3) All persons and vehicles must remain on the designated roads and trails in the Motorcycle Park and comply with all rules, regulations and the park traffic pattern.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 21, 9-25-07)

Sec. B14-45.2. Hang gliding.

(a) Hang gliding.

(1) No person shall use any craft known as a paraglider or hang glider on or over any County park property unless the area has been designated for such use or unless the Director has issued to such person a special permit for such use specifying the designated area and the date and time of day for such use.

(2) The following area is designated for such use: The Ed R. Levin Park hang gliding area where marked at this park site. The hours for such use are from 8:00 a.m. to one-half hour before sunset.

(3) Any violation of sub-sections (a)(1) or (a)(2) shall be punishable as a misdemeanor.

(Ord. No. NS-702.89, § 2, 12-18-01)

CHAPTER V.
PERMITS

ARTICLE 1.
GENERAL

Sec. B14-51.1. Priorities of use.

(a) All County parks within the County are held in trust for the use and enjoyment of the public. The primary use of park facilities is for activities of a recreational or community-service nature as determined by the Director. When not in use for public purposes, County parks and recreation facilities may be made available for the exclusive use of persons or groups, for a limited period, upon issuance of a reservation or permit and payment of designated fees, subject to rules and regulations contained herein and in park regulations. Such use of facilities shall be governed by the following order of priority:

(1) Department activities. Programs and activities sponsored or co-sponsored by the Department or the County shall have priority. Non-Department County agencies and departments should submit requests for use on agency/department letterhead signed by the agency or department administrator or director. Non-Department activities shall be subject to the fees, except for training or educational purposes.

(2) Public community activities. Included in this category are activities that are open to the public and are sponsored by Santa Clara County nonprofit organizations or public agencies other than County government agencies and departments.

(3) Private individual, organization and association activities. Included in this category are activities that are closed to the general public or are commercial or political in nature. These activities may be sponsored by the County, individuals, private or public organizations, or public agencies.

(4) Non-Santa Clara County individuals, organization and association activities. Included in this category are nonresident individuals or groups.

(b) Reservation and permits shall be issued by the Department in accordance with priorities, and within priorities on a first-come, first-served basis.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-51.2. Regulated activities.

(a) The following activities could interfere with and/or be potentially dangerous to others using the County parks. Therefore, these activities must take place in specifically designated areas. Also, a special use permit for the following activities is required.

(1) Any animal-pulled cart or wagon.

(2) Self-propelled (gas motor or other drive) model airplanes, boats or other model craft.

(3) Hang gliding, parachuting, parasailing or hot air ballooning.

(4) Hard ball baseball, lawn darts, archery and golf.

(5) Downhill mountain bicycle racing.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-51.3. Grant/denial of permit applications.

(a) The Director may grant, deny or limit any permit or reservation request after considering the suitability of the area or facility for the number of persons expected at such function, the legality of the use, the impact of the proposed use upon public property and natural resources, the effect of the proposed use upon the peaceful enjoyment of the park by members of the public attending and those not attending the event or activity, the effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of the area or facility, the public health and safety, any traffic or parking problems which may be caused by attendance at such activity or event, the equitable sharing of the use of such facility and the verity of the information shared by the applicant.

(b) The Director shall grant or deny each application for event permit or reservation within a reasonable amount of time after the date of County's receipt of a completed application. The decision granting or denying the application shall be mailed to the applicant at the address listed on the application. The applicant shall not consider the permit or reservation request to have been granted until fees owed to the County are paid and the permit is received.

(c) Any refusal by the Director to grant a permit or reservation request, or consent to the transfer of any permit or reservation for the use of a park facility, or the cancellation or suspension of any permit or reservation, may be appealed to the Deputy County Executive, or authorized representative, within five days after receipt of the Director's notice of such decision. The Deputy County Executive shall render a decision within ten calendar days of receipt of the appeal.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 22, 9-25-07)

Sec. B14-51.4. Conditions of approval.

(a) Upon granting any permit or reservation, the Director may attach reasonable conditions thereto respecting the time, place, manner, frequency, duration and maximum number of persons who may attend any meeting, assembly, activity or event to be held in any County park or park facility pursuant to said permit or reservation.

(b) The Director is specifically authorized to attach reasonable restrictions and conditions to permits for special events, including but not limited to restrictions on fire, amplified sound, consumption of alcoholic beverages, dancing, sports, the use or presence of animals, the use of equipment or vehicles, the number of persons to be present, the location of any bandstand or stage within a specific park area, or the creation of any sounds, smoke, light, smell or any other thing which appears likely to create an unreasonable risk of harm or substantial annoyance to any person using the park or to the public, or damage to any public or private property. Violation of any of the terms and conditions of any permit issued under this section by the permittee, or any invitee, agent, servant or employee of the permittee, shall be cause for immediate suspension or revocation of the permit by the Director, and forfeiture of all fees and deposits paid.

(c) The Director is specifically authorized to attach reasonable requirements and conditions to permits for special events in connection with any use permit or reservation, including but not limited to, requirements that the permittee provide adequate law enforcement or security, insurance and indemnification of the County, additional sanitary facilities and refuse receptacles, bond/security for post-event clean up, based on the type of activity for the special event.

(d) The Director shall refuse to grant a permit or reservation where conditions cannot be met or are not accepted. The applicant must agree to provide a means of informing all of the persons participating in the proposed activity of the terms and conditions of the use permit, if any.

(e) No permit or reservation for use of any facility in a County park shall be transferable without the expressed written consent of the Director. The permittee shall not assign or sublease any portion of the premises, or any rights under approved permit without prior approval of the Director. Any such assignment or sublease shall be void, and the County shall have the right to exclude any and all persons from the facility attempting to exercise any right or privilege under such assignment or sublease.

(f) Entrance to the reserved facility or area shall be allowed at the time specified in the approved reservation or permit, and users shall leave at the time specified. Additional time required for preparation or cleanup activities will be charged on an hourly basis and may be deducted from required deposits.

(g) All activities open to the public or charging admission and selling alcoholic beverages shall be required to provide proof of a State of California Department of Alcohol Beverage Control (ABC) permit. All caterers engaged in serving or sales of alcoholic beverages shall be required to provide a copy of their ABC permit for that activity. It is the responsibility of the permittee to obtain copies of the ABC permits and submit them with the application for a reservation or event permit. The County is not responsible for fees, fines or charges for ABC permits or requirements.

(h) Minors are not eligible to reserve a facility. Groups comprised predominately of participants under 18 years of age (minors) must be under the supervision of a person 21 years of age or older at a ratio of one such supervisor to ten minors.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 23, 9-25-07)

Sec. B14-51.5. Inspection of facilities.

The Director shall have the right to enter facilities at all times during periods covered by permits or other agreements for the purpose of inspecting or utilizing these facilities.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 2.
GROUP PICNIC RESERVATIONS

Sec. B14-52.1. Reservation application procedure.

(a) Each application for a reservation must be received at a designated office in the Department not less than 24 hours and not more than six months in advance of the date for which such permit or reservation is requested. All fees and deposits for reservations shall be paid and received within ten working days after the reservation is made. The Director may consider and waive applications received outside of minimum or maximum time requirements if such waiver is in the best interests of the citizens of the County.

(b) A tentative hold, not to exceed ten working days, may be placed on reservation of a site, to allow the applicant to complete the application procedure for a use permit.

(c) The Director may select and designate specific areas and facilities in any park which may be limited to special uses, at all times or at certain times, to be designated by the Director and for the use of which a permit in writing or a reservation shall be necessary.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 24, 9-25-07)

Sec. B14-52.2. Adjacent facilities.

Reservation of a specific facility or area does not include adjacent facilities. Adjacent facilities that are not reserved shall be available to the general public on a first-come, first-served basis. All park activities (i.e., events, picnic rentals, etc.) that bring in additional facilities (i.e., tents, booths, stages, etc.) must contain those facilities entirely within designated area unless otherwise specified on permit.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-52.3. Presentation of approval.

A copy of the approved reservation must be in the possession of the user for subsequent presentation to the park ranger during the event.

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

Sec. B14-52.4. Flammable materials.

Flammable materials, fuels and hazardous materials will not be allowed in park buildings or facilities except in a camp stove or fireplace provided in areas designated for such purposes.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-52.5. Exchange of facilities or sites.

A reserved facility or site may, by mutual consent, be exchanged with another reserved facility or site within the same park unit, upon approval by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 3.
SPECIAL EVENT PERMITS

Sec. B14-53.1. General.

(a) In addition to compliance with all reservation ordinances and policies, event permits are subject to the additional conditions and Department event rules and regulations specific to the type of events that shall be posted with the Clerk of the Board of Supervisors.

(b) Failure to comply with all applicable conditions may result in termination of event and forfeiture of all fees paid.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-53.2. Contents of event permit application.

(a) It is the applicant's responsibility to complete an application.

(b) The applicant may also be required to provide: map of park areas/trails being requested; emergency, safety and security plans; information necessary to determine suitability of site for proposed activity.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-53.3. Event application procedure.

(a) Each application for an event permit must be received at a designated office in the Department not less than 30 days and not more than 12 months in advance of the date for which such permit or reservation is requested. All fees, deposits, special permits or certificates of insurance required by the Department shall be submitted at least 15 days prior to and not more than 12 months prior to the event.

(b) The Director may consider applications received outside of minimum or maximum time requirements if such event is in the best interests of the citizens of the County. Approved for events will be made on a first-come, first-served basis and approval is subject to site availability.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-53.4. Conditions of performances.

(a) Public address systems, electronic equipment, live amplified music, and loud sounds are subject to restrictions which relate to the specific facilities. Such restrictions shall be determined by the Director.

(b) The Director may grant no more than four hours' time, if facilities are available, for rehearsal and preparations. Charges may be assessed by the Department to cover lighting, heating, moving of equipment, and other actual expenses for rehearsal time. Rehearsals shall be restricted to the area used by performers. Those persons associated with performers shall be required to confine themselves to areas designated by the Department facility manager.

(c) Persons employed by the user of park facilities to work with stage sets, sceneries, rigging properties, lighting, sound equipment, or to perform other work of specialized or technical nature, including ushering and other duties, shall be experienced and competent and in every respect qualified to perform their duties without jeopardy or hazard to life, property or equipment. Permittee may be required to show proof of workman's compensation coverage for their employees.

(d) All television, radio and motion picture rights shall be contracted for only on conditions approved by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 4.
COMMERCIAL PERMITS

Sec. B14-54.1. Concessions.

(a) The County reserves the sole right to conduct and control, either directly or through separate agreement, all concessions whatsoever in and about Department buildings and park facilities, including but not limited to concessions for checking property, for sale of refreshments, for sale or rental of other merchandise or articles for distribution of programs, for taking photographs, for parking, and for other privileges.

(b) No concessionaire shall sell or offer for sale any intoxicating liquor in or about community buildings or park facilities without prior consent of the Director in a use permit. Alcoholic beverages dispensed or distributed without charge or included in the price of admission are not authorized unless approved by the Director in a use permit.

(c) Commercial use of park facilities is permitted by separate agreement, which will specify the percentage of income to be shared with the County.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-54.2. Vendors.

(a) Service type vendors/concessionaires (i.e., cosmo jump, astro jump, dunk tanks, etc.) who provide their services in conjunction with reserved park activity, shall be required to provide insurance and must comply with rules and regulations pertaining to such an activity.

(b) Service type vendors/concessionaires shall be required to purchase an annual permit.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 26, 9-25-07)

Sec. B14-54.3. Solicitation and leafleting.

No person shall engage in the business of soliciting, selling or peddling any liquids or edibles for human or animal consumption; or distribute circulars; or hawk, peddle or vend any goods, wares, merchandise or services of any kind without a permit as required by Chapter V, Article 4, commencing with Section B14-54.1. All applications for permits under this section shall be submitted to the Department on forms supplied by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-54.4. Commercial photography and filmmaking.

County park areas are not available for commercial filmmaking or photography without a use permit obtained from the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 5.
ANNUAL PERMITS

Sec. B14-55.1. Specimen collection.

Specimen collection of plant material, insects and minerals is allowed for research and educational purposes only by special permit and subject to collection restrictions. Youth organizations and youth school groups pay no fee, but are still subject to all conditions of the permit.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-55.2. Metal detecting.

Metal detectors may be used in turf and non-turf areas of all County parks, except in historical and cultural sites as defined in the Department's policies and procedures. An annual permit is required for metal detecting.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-55.3. Special park facilities.

In order to best serve public recreational needs and/or interests, the Director has the authority to manage special park facilities through annual permits in accordance with annual permit policies. These facilities may include, but are not limited to: hang gliding areas, dog training facilities, Hellyer Park Velodrome, radio-controlled aircraft fields, archery ranges and quarter midget racetracks.

(Ord. No. NS-702.89, § 2, 12-18-01)

CHAPTER VI.
FEES AND CHARGES

ARTICLE 1.
GENERAL INFORMATION

Sec. B14-61.1. Authorization to charge fees.

The Department is authorized to charge and collect fees for various activities, facility use and administration costs, as established by resolution approved by the Board of Supervisors and amended from time to time.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-61.2. Unspecified fees.

In all situations where a permit is required, a fee shall be paid. If a fee is not specified, the fee shall be the same amount as is charged for a use which is closest in kind and in costs to the County to that use for which a permit is being requested. In no event shall the fees exceed the average costs of providing the services or products and the cost of enforcing applicable regulations.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-61.3. Refund of fees.

Reservations may be cancelled or transferred with partial refund of fees and deposits not less than four working days prior to the arrival date at a campsite or seven working days prior to the arrival date at a group picnic site. A cancellation/transfer fee will be charged as established by resolution approved by the Board of Supervisors and amended from time to time.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 27, 9-25-07)

Sec. B14-61.4. Waiver and reduction of fees.

(a) The Director may accept, in lieu of fees required under this chapter, public service in County parks, property, or products equal in value to the amount of the fee.

(b) Youth organizations with verified tax-exempt status are eligible to use designated youth day camp and overnight areas at the specified rate. They are also eligible to a 50 percent reduction in fees for picnic area rentals Monday through Thursday.

(c) Any public function or activity sponsored by the Department shall be exempt from all fees and deposits. Any public function or activity jointly sponsored by the Department may have certain fees reduced or waived at the discretion of the Director. Such sponsorship shall be approved by the Director.

(d) Senior and disabled organizations are eligible to a 50 percent reduction in fees for picnic area rentals Monday through Thursday.

(e) Training sessions and public meetings conducted by other government agencies may have fees waived. Fee waiver request must be accompanied by a letter signed by the requesting agency director.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 28, 9-25-07)

Sec. B14-61.5. Failure to pay fees.

Any fee or charge established by ordinance or resolution for use of the County parks and recreation facilities shall be paid in advance of such use unless the Director has authorized later payment.

(Ord. No. NS-702.89, § 2, 12-18-01)