[HISTORY: Adopted by the Board of County Commissioners of
Calvert County 10-22-2019 by Ord. No. 32-19. Amendments noted where
applicable.]
The purpose of this chapter is to establish provisions: for
the public's safe and peaceful use of County parks and parkland;
for recreational and educational benefit and enjoyment; and for the
protection and preservation of the property, facilities and natural
resources of the County. Parkland and recreation programs conducted
on parkland are open for use by all members of the public without
discrimination.
The following terms have the meanings indicated:
A natural person age 18 or older.
Board of County Commissioners of Calvert County, Maryland,
a body corporate and politic.
A natural person under the age of 18.
A motor vehicle used for transporting goods or paying passengers.
The Calvert County Department of Parks and Recreation, its
successors and assigns.
An employee of the Department.
An open water area designated by flags, signs, netting, or,
if none of the foregoing along public waterfront, extending 300 feet
into deeper water from the mean-high-water line.
The Director of the Department, or designee.
An animal of a species of vertebrates that has been domesticated
by humans so as to live and breed in a tame condition and depend on
humankind for survival, and shall include any equine or bovine animal,
goat, sheep, swine, dog, cat, and poultry.
Any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person
to simulate smoking through inhalation of vapor or aerosol from the
product. The term includes any such device, whether manufactured,
distributed, marketed, or sold under any other product name or descriptor.
Any refuse as defined in § 119-2 of this Code, as amended from time to time, discarded and left lying in an open or public place.
Any off-highway vehicle including, but not limited to, all-terrain
vehicles, as defined by Maryland Annotated Code, Transportation Article,
Section 11-103.3, as amended from time to time, recreational off-highway
vehicles, and off-highway motorcycles including but is not limited
to, electronic bikes ("e bikes"), minibikes, scooters, amphibious
vehicles, go-carts, dune buggies, and golf carts.
An unmanned aerial vehicle (UAV) (or uncrewed aerial vehicle)
or an aircraft without a human pilot on board or powered aerial vehicle
that does not carry a human operator, uses aerodynamic forces to provide
lift, can fly autonomously or be piloted remotely. Commonly referred
to as rockets, drones or model airplanes.
A person visiting or using a park property.
Real and personal property, and improvements that are managed
by the Department for the use and benefit of the public for recreation,
the protection of wildlife habitats, or the protection of natural,
scenic, or historical resources.
Any designated part of any park road, drive, or special area
contiguous thereto that may be set apart for the standing or stationing
of vehicles or watercraft trailers.
Volunteer resident advisory board to assist the Department
of Parks and Recreation achieve the goals of establishing services
which meet community needs through public input.
Official document issued by the Department giving a park patron authorization to conduct a specific activity during the time period, subject to certain conditions as set forth within that document and this Chapter 82.
Includes an individual and a domestic or foreign, public
or private corporation, business trust, statutory trust, estate, trust,
partnership, limited partnership, limited liability company, association,
a joint venture, or any other legal or commercial entity.
The act of lighting, smoking, or carrying a lighted or smoldering
cigar, cigarette, or pipe.
Any preplanned entertainment, sporting, cultural, business,
or other type of activity (including, without limitation, parades,
festivals, races, tournaments, concerts, etc.) presented to a live
audience and open to the public with or without an entry charge that
is to be held in whole or in part upon park property or that may inhibit
the usual flow of pedestrian or vehicular travel or which deviates
from the established use of the place or building. Excludes activities
not open to the public including private indoor facility rentals,
pavilion rentals, or other activities for which a permit has been
issued by the County.
The act of using an electronic cigarette.
Is:
A device capable of propelling a projectile at high velocity
by mechanical means, by explosion, or by expanding gas, including
but not limited to a firearm, crossbow, or longbow; or
A dirk knife, bowie knife, switchblade, sand club, metal knuckles,
razor, or nunchaku; and a device capable of inflicting death or bodily
harm to an individual, maiming or destroying wildlife, or destroying
property.
A.
Establishment, acquisition and operation: The Board of County Commissioners
is authorized and empowered to establish, acquire, and operate public
parks and recreational systems, including, without limitation, golf
courses, beaches, nature areas, conservation lands, community centers,
pools, and all properties and equipment incident, useful or necessary
therefor; and to designate, acquire and improve, extend, operate and
maintain lands, buildings and other facilities for public parks, parkways,
playgrounds, recreational centers, and for other recreational purposes,
including the acquisition and operation of golf courses, beaches,
nature areas, conservation lands, community centers, pools, and to
conduct a program of recreational activities.
B.
Custody, control and management: The Board of County Commissioners
has the custody, control, and management of all park property heretofore
or hereafter designated or acquired by the County for parks, parkways,
playgrounds, recreational centers, conservation and for other recreational
purposes, and may, without limitation:
(1)
Plan, lay out, improve, develop, embellish, preserve, and maintain
all such parks, parkways, playgrounds, golf courses, beaches, nature
areas, conservation lands, pools, and recreational centers and facilities;
(2)
Construct and reconstruct, alter, and renew buildings and other
structures and facilities and equipment and maintain the same;
(3)
Employ, as authorized in § 86-1-102 of this Code, as amended from time to time, and fix the compensation of qualified professionals, and such other officers or employees as may be deemed necessary;
(4)
Provide, conduct, and supervise the program of recreational
activities;
(5)
Charge and collect reasonable fees for the use of such facilities,
privileges, and conveniences as may be provided;
(6)
Operate revenue facilities and accommodations in and upon properties
owned and controlled by County for the purposes aforesaid and to rent
out the same upon such terms and conditions as are deemed to be in
the public interest;
(7)
Establish citizens' advisory boards as deemed necessary;
and
(8)
Permit for the exclusive use of facilities.
C.
Rules and regulations: The Board of County Commissioners may make,
alter, amend, and repeal rules and regulations for the protection,
regulation and control of all park property.
A.
A person who violates any provision of this chapter is subject to:
(1)
A civil penalty upon the issuance of a citation for said violation.
The civil penalty, if not paid to Calvert County within 30 days of
the issuance of a citation, may be recovered by the County in a civil
action in the nature of debt. Unless otherwise provided by a specific
provision, civil penalties shall be in the amount of $50 for each
violation with each day constituting a separate violation; and
(2)
May result in the person being ineligible to participate in
rentals, activities, or programs offered by the Department, as determined
necessary and appropriate by the Director for the execution of the
principles of this chapter.
B.
In addition to any other fine or penalty that may be levied, whether
civil or criminal, violation of any provisions of this chapter may
result in the violator being ordered to leave the property by a Department
official or law enforcement, and may be ordered not to return. Any
suspension or order issued pursuant to this section may vary according
to the established codes of conduct, but shall be no more than one
year in duration. A person who fails to leave when requested, or returns
before authorized may be found guilty of a misdemeanor and, upon conviction,
is subject to a fine of $1,000, imprisonment not exceeding six months,
or by any combination of such fine and imprisonment. Every day of
such violation shall constitute a separate offense.
C.
Nothing contained in this section shall prohibit the Board of County
Commissioners from enforcing this chapter by any other means.
A.
It is unlawful for any person in or on park property to:
(1)
Light a fire, except in fixtures supplied by the Department;
(2)
Set off fireworks, unless expressly permitted, in writing, by
the Director;
(3)
Carry, possess, use, discharge, or have readily available, a
weapon unless exempt by Maryland Annotated Code, Criminal Law Article,
§ 4-101(b);
(4)
Dive, leap or fall from any structure, except from diving structures
open for use and located in designated areas at pool facilities;
(5)
Utilize glass containers, except when purchased at Chesapeake Hills Golf Course or when permitted by § 82-2-104B(2);
(6)
Discard litter in any manner or amount except in an approved
receptacle;
(7)
Utilize dumpsters within park property for any trash from outside
of any park property;
(8)
Golf in undesignated areas;
(9)
Swim outside a designated swimming area;
(10)
Encroach on park property;
(11)
Use park property for commercial purposes without express written
permission from the Director;
(12)
Dock or moor watercraft within 100 feet of docks, launches,
wharves, piers or ramps, except during the launch or retrieval of
the watercraft;
(13)
Fish or crab in an area not designated for such purpose or without
proper license;
(14)
Disturb, destroy, remove, or damage any cultural or natural
resource including, without limitation, vegetation, without express
written authorization from the Director;
(15)
Disturb, destroy, remove, or damage any park property or amenity
including, but not limited to, picnic tables, trash cans, groin structures
at the beach, or signage;
(16)
Cut, carve, or injure the bark, limbs, or branches of vegetation
at any park property; mutilate, transplant, or remove trees in any
way, collect or remove flowers, seeds, or fruits of any tree, plant
or shrub except in areas designated for that activity, without prior
written authorization of a Department official;
(17)
Dig in or otherwise disturb grass areas, or any other way injure
or impair the natural beauty or usefulness of any area;
(18)
Pile debris or material of any kind on or about any tree or
plant, or attach any rope, wire or other contrivance thereto, whether
permanent or temporary in character or in use;
(19)
Skateboard, skate, in-line skate, or bicycle on any park property
other than pathways, sidewalks, or designated skate parks;
(20)
Leave any personal property, including but not limited to vehicles,
watercraft, or bicycles, within a park property after operating hours
or overnight without lease or other express written authorization
from the Director;
(21)
Post, affix, or place any materials on any park property without
express written authorization of the Director;
(22)
Sleep or camp overnight in any area of a park property not designated
for camping, including beaches, lawns, fields, and wooded areas, without
express written authorization of the Board of County Commissioners;
(23)
Sleep on park benches, picnic tables, or other structures not
specifically designated for such use;
(24)
Set up tents, shacks, or any other temporary shelter for the
purpose of overnight camping, except in designated camping areas with
prior written approval, nor shall any person leave within a park property,
after closing hours, any movable structure or vehicle to be used or
that could be used for such purpose, without express written authorization
of the Board of County Commissioners;
(25)
Use a generator without express written authorization of a Department
official;
(26)
Operate a motorized unmanned aircraft within or above park property
without express written authorization from the Director;
(27)
Use a metal detector, except in designated areas;
(28)
Engage in any physical altercation;
(29)
Enter upon restricted areas, interfere with, disrupt or interrupt
a special event, or other activity not open to the public, without
proper authority; or
(30)
Use gas grills, pull-behind grills, smokers, or deep fryers
unless permitted as part of a special event or with express written
authorization from the Director.
B.
It is unlawful for any person on park property to sell or to offer
for sale to any person any product or service without required permits
and express written authorization from the Director.
C.
It is unlawful for any adult to enter and remain in a designated
play area, where signage is posted, unless the adult is supervising
or accompanying child or children who are visiting the play area or
the adult is a Calvert County government employee or contractor conducting
work in or around the area.
D.
It is unlawful for any person to utilize Chesapeake Hills Golf Course
for activities not designated for this park property, including, without
limitation, cart path use if not playing golf, biking, sledding, or
swimming without express written authorization from the Director.
E.
The following provisions are specific to camping facilities. In addition to the provisions of § 82-2-101A, supra:
(1)
A permit must be obtained to spend the night in any park property;
(2)
Length of stay requirements, quiet time designations, and vehicle
allocations are defined in campground rules and regulations as amended
from time to time;
(3)
A maximum of six persons and two tents, or one tent and one
recreational vehicle allowed per camp site;
(4)
No parking in roadways or vacant camp sites;
(5)
During designated quiet time, there will be no access to the
campground facility except for law enforcement or Department officials
to ensure the safety of park patrons;
(6)
Children are not permitted camping privileges unless accompanied
by an adult for the full duration of the camping period;
(7)
Camping is only allowed in designated campsites and never allowed
on the beach;
(8)
Amplified music is not allowed on beach, or in picnic areas;
(9)
Consumption of alcohol is allowed at Breezy Point Campground
within a campsite;
(10)
Dumping refuse, as defined in§ 119-2 of this Code, as amended from time to time, in restrooms or shower buildings is not permitted. Fish cleaning remnants must be disposed of properly in a designated container;
(11)
Boats and motorized recreational vehicles within the campground
are prohibited, however, electric wheelchairs are permitted;
(12)
Parking of commercial vehicles and commercial equipment is prohibited
in campgrounds unless conducting work on behalf of the County or otherwise
authorized by the Director;
(13)
Overnight storage of motorized recreational vehicles, boats,
trailers and other vehicles is not permitted except with either an
active overnight camping permit and physical presence of the registered
park patron, or express written authorization of the Director;
(14)
Dumping of wastewater, whether grey or black, is prohibited
except when properly connected to a designated dump station, sewer
hook-up, or mobile pump truck appropriate for the type of waste being
discharged;
(15)
All vehicles and trailers must be able to provide proof of registration;
and
(16)
Permanent structures or structures requiring a permit with the
Department of Planning and Zoning are not permitted.
The Department shall adopt regulations and rules pertaining
to the hours of operations and closing of park property. Regular park
hours shall be posted at park property and through County electronic
information outlets. Park property without lighting should be open
civil dawn to civil twilight. Notwithstanding:
A.
Any section or part of any park property may be declared closed to
the public by the Director at any time and for any interval of time,
either temporarily or at regular and stated intervals, and either
entirely or for certain uses, as necessary and appropriate given the
basis for the closure.
B.
No person shall be on park property outside of hours of operation
unless that facility is officially open for public use for a special
event or planned activity. Exceptions to this include:
(1)
Law enforcement personnel in the performance of their duties;
(2)
Department officials in the performance of their duties; and
(3)
Persons authorized or accompanied by law enforcement or Department
officials in the performance of their duties.
(4)
Persons with a valid and current campsite agreement, or lease.
A.
All law enforcement officers and Department officials are authorized
and designated by the Director to direct traffic as deemed necessary
and appropriate.
B.
All persons shall observe and obey all posted traffic signs.
C.
The speed limit in all parks is as posted, or, if not posted, 10
miles per hour.
D.
Vehicles and motorized recreation vehicles are allowed, if at all,
in designated areas only. Use of a vehicle or motorized recreation
vehicle on pedestrian pathways, sidewalks, and boardwalks is prohibited.
E.
It is unlawful within or on park property, except when necessary
to avoid conflict with other traffic or to comply with the directions
of a Department official or law enforcement officer, for any person
to:
(1)
Park any vehicle in any place or area designated by sign or
marking as a "no parking" zone, in grass areas, or areas otherwise
for restricted use, unless the person is using the vehicle for such
restricted use;
(2)
Park or stand any vehicle of excessive length in any parking
space except those designated by sign or marking for boat trailer
parking or for recreational vehicle parking, or park or stand any
boat trailer or recreational vehicle in any parking space other than
one designated by sign or marking for such purpose;
(3)
Double-park any vehicle on any roadway or parkway or other park
area, unless directed to do so by a law enforcement officer or Department
official; or
(4)
Park any vehicle on any roadway or parkway or other park area
not designated for parking by sign or marking, unless directed to
do so by a law enforcement officer or Department official.
F.
Government-owned or -leased vehicles are exempt from these restrictions
when being operated for a governmental purpose.
A.
Consumption of alcoholic beverages on park property is prohibited
except that it may be authorized: by special event permit; at Chesapeake
Hills Golf Course; Breezy Point Beach and Campground; and Wisner Hall
at Kings Landing Park, under the following conditions:
(1)
Consumption of alcoholic beverages is only allowed during the
hours the park property is open to use by the public or as otherwise
authorized by permit;
(2)
Consumption of alcoholic beverages is prohibited in restroom
facilities, parking areas, playground areas, and designated swimming
areas;
(3)
Consumption of alcoholic beverages is allowed only on leased
campsites at Breezy Point Beach and Campground; and
(4)
Consumption of alcohol at Breezy Point Beach and Campground
is restricted to beer not served from kegs, and wine. Spirits and
liquor products are prohibited.
B.
Sale of alcoholic beverages to the public on park property is allowed
at Chesapeake Hills Golf Course, and for special events with an approved
permit issued by the Department, provided:
(1)
The sale of alcoholic beverages is restricted by permit from
the Calvert County Board of License Commissioners, and State Comptroller,
for events and activities; and
(2)
Glass containers are permitted at Chesapeake Hills Golf Course,
and during special events for which a permit has been issued expressly
granting approval for use of glass containers.
A.
Smoking, vaping or use of tobacco products are prohibited in and
on park property except as specified below:
B.
Signage for all park property shall be posted conspicuously at each
entrance specifying this prohibition.
C.
This section adds to and does not replace or restrict the application
of any other federal, state or local law, rule, regulation, or policy.
A.
Domestic animals are generally permitted in and on park property
during park hours of operation with the following restrictions:
(1)
Domestic animals must be under restraint or control of a competent
person by means of a chain, leash, or other similar device, or is
in a secure cage or other secure enclosure. This provision shall not
apply to working and hunting animals that are working or hunting on
park property with the approval of the Director; and are under their
handlers' direct and immediate voice control, and are responsive
to their handlers' commands.
(2)
The owner and custodian of a domestic animal shall be jointly
and severally responsible for the removal of all excreta deposited
by the animal upon park property.
B.
Notwithstanding the provisions of § 82-2-106A, above, it is unlawful for any person on park property:
(1)
To bring animals, with the exception of service or law enforcement
animals, on athletic fields;
(2)
To bring animals, with the exception of service or law enforcement
animals, to pool facilities, within indoor facilities, Battle Creek
Cypress Swamp Sanctuary, Breezy Point Beach, or Chesapeake Hills Golf
Course without express written authorization from the Director;
(3)
To have a horse or horseback ride outside of designated areas,
with the exception of service or law enforcement animals.
(4)
To intentionally molest, harm, hunt, kill, trap, frighten, or
chase any animal, unless authorized in writing by the Board of County
Commissioners, State of Maryland, or Calvert County Sheriff's
Office to do so;
(5)
To take, molest, harm, frighten, kill, trap, hunt, chase, tease,
shoot, or throw projectiles at any domestic animal, wild animal, mammal
or marine life, including, without limitation, terrapins and crabs;
(6)
To remove or cause to be removed or have in their possession
the young of any wild animal, including, but not limited to, the eggs,
nests, or young of any animal, reptile, or bird;
(7)
To take live shellfish without proper authorization from the
State of Maryland;
(8)
To give, offer or attempt to give to any wild animal any food,
tobacco, alcohol, foreign object or other known noxious substances
or attempt to pet any wild animal;
(9)
To transplant or remove any animal except in areas designated
for that use with written permission from the Director; and
(10)
To introduce any plant or animal species by willful abandonment,
negligence, or by any other means, without written authorization from
the Director.
