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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER III. GENERAL PUBLIC CONDUCT

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

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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)