For the purpose of this chapter, the following words and phrases
are defined as follows:
means the board of supervisors of the county of Merced.
shall include any park and any river, beach, or area owned,
leased, or under the control of, the county of Merced as designated
in the Parks Master Plan. These include, but are not limited to, the
following:
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County Parks
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Courthouse Park (Merced)
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Hagaman Park (Stevinson)
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Henderson Park (Snelling)
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Houlihan Park (Planada)
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Lake Yosemite Park (Merced)
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Los Banos Park
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O'Banion Park (Dos Palos)
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South Dos Palos Park
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Winton Park
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Community Parks
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Ballico Community Park
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Campus Park (Winton)
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Cressey Community Park
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El Capitan Estates Park (Franklin/Beachwood)
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El Nido Community Park
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Harmony Ranch Parks (Delhi)
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Hilmar Community Park
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La Paloma Park (Winton)
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Le Grand Community Park
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Shattuck Community Park (Delhi)
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Snelling Community Park
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Taylor Park (Delhi)
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Winton Fire Station Park
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means the director of public works or designated representative.
means any lake, pond, pool, body of water in a reservoir,
or any other body of standing water, whether natural stream of water,
or any portion of any lake, pond, pool, body of water impounded or
stored by or behind a dam, dike, or levee, or any other body of standing
water, whether natural or artificial or natural stream of water within
the county of Merced, state of California.
means 15 members appointed by the board of supervisors pursuant to Chapter 2.48 of the Merced County Code.
includes individuals, firms, co-partnerships, corporations,
clubs, and all associations or combinations of persons whatsoever,
whether acting alone or through an agent or employee.
means and includes all land, facilities, and other property
for public recreation owned and/or operated by the county of Merced,
including parks, playgrounds, camping areas, swimming pools, golf
courses, picnic grounds, athletic fields, and beaches.
means any watercraft used or capable of being used as a means
of transportation on water as described in the California Harbors
and Navigation Code [Chapter 5, Article 1, Section 651(c)] or Vehicle
Code Division 3.5 Chapters 1, 2 and 3.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
It is the purpose of this chapter for the board of supervisors,
with the advice of the county parks and recreation commission and/or
the director of public works, to adopt rules and regulations applicable
to each county park, which will carry out the objectives of this chapter
and promote safety, sanitation, peaceable use, quiet, moral conduct
of the users, and beauty of the county parks. Any violation of such
rules and regulations is unlawful and shall constitute a violation
of this chapter.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
The operation and maintenance of all county parks and recreation
areas shall be under the control of the director of public works,
or designated representative, and subject to the review of the Merced
County parks and recreation commission and approval of the board of
supervisors.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
B.
Hunting.
Hunting is prohibited in all county parks and recreation areas. All
county parks and recreation areas of the county of Merced are sanctuaries
for wildlife. There will be no hunting or killing, wounding, frightening,
or capturing at any time of any wild bird or animal, except dangerous
animals when it is necessary to prevent them from inflicting personal
injury.
C.
Fireworks
Prohibited. No person shall discharge any firecracker, bomb, torpedo,
rocket, or other fire-works in any county park or recreation area,
unless approved by the board of supervisors.
D.
Destruction
of Trees and Plants Prohibited. No person shall pick, dig, remove,
injure, destroy, or carry away wood, soil, leaf mold, rock, or any
tree, flower, plant, or shrub or in any way injure or destroy any
growing tree, flower, plant, or shrub in any county park or recreation
area except with the permission of the director or designated representative.
No person, other than staff, shall climb any tree or structure or
tie any rope, cable, chain or object to a tree or structure, unless
permitted by the county.
E.
Animals
Prohibited in County Parks and Recreation Areas. Except as expressly
provided for under this subsection, no person shall ride, drive, bring,
possess, or permit any animal within any county park or recreation
area except seeing-eye dogs or animals used for demonstration, educational
purposes, or special events and approved by the director of public
works or designated representative. County employees residing within
a county park or recreation area may possess licensed and confined
domestic animals. From June 30, 2015 to June 30, 2016, dogs are permitted
at Lake Yosemite Park provided that dogs are at all times restrained
or kept on a leash not more than six feet in length and under the
immediate control of a capable and responsible person. It is unlawful
to permit any dog to run at large within any county recreation area.
No person may bring more than two dogs at any time into Lake Yosemite
Park. Dog owners are responsible for any injuries or damage caused
by their dogs. Dogs shall wear their county issued license tags at
all times while at Lake Yosemite Park. Owners shall be responsible
for properly disposing of all solid excreta. Aggressive dogs and female
dogs in heat are not permitted in Lake Yosemite Park. No person shall
do any of the following within Lake Yosemi-te Park:
F.
Fishing
Spear Guns and Bow and Arrows Prohibited. It is unlawful for any person
to use or have in his or her possession a fishing spear gun or similar
instrument or a bow and arrow in a county park or recreation area.
G.
Advertising
Prohibited. No person shall circulate, distribute, or deposit any
handbills, circulars, pamphlets, or advertisements or to post or affix
to any tree, fence, or structure situated within any county park or
recreation area any such handbill, circular, pamphlet, or advertisement,
except with the permission of the Merced County board of supervisors
and within or on a specified rented facility for the duration of the
rental period.
H.
Unauthorized
Fires Prohibited.
1.
No
person shall build, kindle, or light, or permit to be built, kindled,
or lighted, a fire in any location in a county park or recreation
area except in a safe place established for that purpose; and no person
shall throw away any lighted cigar, cigarette, tobacco, or lighted
match, or any other matter that could set fire to any grass, shrubs,
or buildings.
2.
All
dead wood, moss, dry leaves, or other combustible material that may
have gathered around any place provided for fires shall be carefully
removed so that there is no possible danger of any fire spreading.
3.
No
fires shall be lighted except in places specifically provided therefor.
4.
When
any fire is no longer needed, it shall be completely extinguished.
I.
Littering
Prohibited. All garbage shall be placed in containers as provided.
It shall be unlawful for any person to litter.
J.
Games
and Playground Area. No person shall play softball, baseball, football,
or any other active game, or games, except in such places as shall
be specifically designated for that purpose, unless organized by the
recreation division or by special permit.
K.
Swimming.
1.
Swimming
is permitted only in the designated swimming areas (Lake Yosemite
Main Beach and Bedesen Beach) in county parks or recreation areas.
2.
Diving
off the pier at Lake Yosemite Park and other swimming areas is prohibited
where posted. Diving off any tree or bridge at any county park is
prohibited and swimming in any canals at a county park is prohibited.
It is unlawful for any person to disregard or fail to obey lawful
instructions or requests regarding water safety, conduct on the beach
or other rules of the park by the deputy sheriffs, lifeguards or other
county park employees. Failure to comply can result in expulsion from
the park.
3.
Proper
swimming clothing is required in swim areas. Long pants (below the
knee), shoes, and any other heavy clothing not designed for swimwear
is prohibited.
L.
Special
Events Approval. No person shall set up or maintain any exhibition,
show, performance, concert, or special event in any county park without
obtaining a special event permit from the director of public works
or designated representative pursuant to the following procedure:
1.
The
applicant shall submit a written request with the parks and recreation
division for staff review and comment.
2.
The
application request shall be reviewed by the county department listed
below as applicable.
3.
The
director of public works or designee, upon reviewing the application
and comments thereto, may issue a special event permit subject to
conditions and other requirements as deemed necessary by the director.
The director's denial of a permit or permit conditions may be appealed
by the applicant to the board of supervisors by filing a written appeal
with the clerk of the board not later than five working days after
written notice of the director's action.
M.
Inflatable
Rafts and/or Flotation Devices. Inflatable rafts and/or flotation
devices are prohibited in the Lake Yosemite Main Beach/Concession
swim area. Such devices are allowed at the Bedesen Beach swim area.
N.
Classes
and/or Instruction Lessons. Use of county parks for classes and/or
instruction lessons is prohibited unless reviewed by the parks and
recreation commission and/or the director of public works or designee
and authorized by the Merced County board of supervisors.
O.
Skydiving
Prohibited. No person(s) shall skydive or parachute into or onto a
County Park or Recreation area, except as specifically authorized
by the director of public works or the Merced County board of supervisors.
P.
Amplified
Music. All amplified music must be confined to enclosed buildings,
except if otherwise approved by the director of public works or designee.
The director's denial of a request for use of amplified music in outdoor
areas of parks may be appealed by the applicant to the board of supervisors
by filing a written appeal with the clerk of the board not later than
five working days after written notice of the director's action. Amplified
sound is not allowed on vessels on the water, unless by special permit.
Q.
Gang
clothing and attire is prohibited at all county parks.
S.
Anyone
violating park rules, county code or state laws can be cause for ejection
from said park.
(Ord. 1231, 1987; Ord. 1388, 1991; Ord. 1719 § 1, 2004; Ord. 1813 §
1, 2007; Ord. 1889 § 1, 2011; Ord. 1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 § 1, 2015)
A.
Rules
and Regulations. California boating laws as described in the California
Harbors and Navigation Code and the California Vehicle Code are hereby
incorporated and become a part of these rules and regulations and
apply where rules and regulations are not specified in this chapter.
B.
Annual
Permit for all Types of Vessels.
1.
All
vessel owners must register for a permit. Persons launching any type
of a vessel in a lake or river in a county park must obtain permission
for rivers and for Lake Yosemite a daily or annual permit from the
parks division Lake Yosemite tollbooth.
2.
Every
vessel owner, or other person having the possession or right of use
of a vessel shall, before using, running, operating, driving, launching,
or propelling said vessel, or allowing, permitting, or authorizing
the using, running, operating, driving, launching, or propelling of
said vessel, or hiring, renting, or leasing a vessel for such purpose,
must obtain a permit as hereinafter provided, before launching any
vessel in a lake or river in a county park.
3.
The
sheriff's department has authority to inspect all vessels as to safety,
and sea worthiness.
C.
Applications
for Vessel Berth at Lake Yosemite.
1.
All
applications for vessel berths at Lake Yosemite's sailboat docks must
be made with the parks and recreation office or current contract vendor
(when space is available) annually on a first-come, first-served basis.
2.
The
county of Merced will not be responsible for theft of boating equipment
or damage to any vessel while docked in lakes or rivers.
D.
Fees
for Vessel Berths. The parks division or current contract vendor shall
charge and collect the permit fee. No permit shall be issued unless
and until said fee has been paid. Said money shall be delivered and
deposited with the current contractor and be used to maintain the
docks or delivered to the director of public works or designee and
by whom shall be deposited with the treasurer of the county of Merced.
E.
Start
of Boating Activities. Boats may be launched in lakes or rivers in
county parks on or after the date set by the Merced County parks and
recreation division. Boats launched in rivers must be approved by
the Merced County parks and recreation division.
F.
Boating
Hours. Lake Yosemite boating activity may commence at the designated
park opening hour. Vessels primarily propelled by means of internal
combustion engines must be off the water and boating activity terminated
at official local sunset. All other vessels must be off the water
or docked at nine-thirty p.m. All vessels operating later than sunset
must display appropriate night navigational lighting and/or markers
in accordance with U.S. Coast Guard Regulations and the California
Harbors and Navigation Code. No boats are allowed on the water after
nine-thirty p.m., unless by special permit.
G.
Loading
Ramp. All vessel owners or persons launching vessels shall park their
trailers in designated areas as soon as vessel is launched. Cars and
trailers shall not be parked in or around the loading ramp. No vessels
shall be launched or parked in any area other than the designated
launching piers or mooring docks.
H.
Areas
of Vessel Usage and Speed Therein.
1.
No
person shall operate or use a vessel at a speed that creates a wake
in any of the following areas:
a.
In an area less than 200 feet off shore.
b.
In areas 200 feet off swim pier or paddle boat area or area where
persons are engaged in bathing or swimming in a designated swimming
area or in a designated paddleboard area.
c.
In an area within 200 feet from a vessel displaying a ski flag or
a diver's flag.
2.
No
vessels will be allowed in the canal inlet or outlet of Lake Yosemite,
or in a designated swimming or paddleboard area.
3.
No
towing of skiers or other floatation devices within 200 feet from
the shore or docks.
4.
Boats
and vessels must travel in a counter clockwise rotation at Lake Yosemite.
5.
Launching
on the north side of the lake is only for those boat manufacturers
who are under contract with the county and boating groups under contract
with the county for the sole purpose of launching on the north side.
6.
Boat
launching fees apply to all motorized vessels or anyone using a trailer
to launch a vessel. Canoes, non-motorized rubber rafts and kayaks
must be carried into the water to not be charged.
I.
Regulatory
Buoys. Regulatory buoys and waterway markers may be placed on water
areas. Adherence to these markers and buoys is mandatory.
J.
Repairs
to Vessels. Repairs or painting of vessels will not be permitted in
lake or river launching areas or loading ramps, except in emergency
situations.
K.
Removal
of Vessels. All vessels shall be removed from Lake Yosemite within
seven days after the normal water level commences receding.
L.
Use
of Paddleboards and Rowboats. Persons using paddleboards or rowboats
will be permitted only in designated areas.
M.
Parachute
or Hang Glider Skiing Prohibited. No vessel shall pull a person for
the purpose of becoming airborne with the aid of a parachute or hang
gliding apparatus.
N.
Boat
Races and Regattas.
1.
Permission
for the scheduling of any boat races or regattas in a county park
must be obtained and approved by the director of public works, designee
or the Merced County board of supervisors.
2.
Organizations
granted permission to conduct boat races, regattas, or special boat
events will be responsible for those permitted activities during the
schedule and the running of any of the above events.
O.
Violations.
1.
Every
person who operates, causes to be operated or used, or permits or
allows the use and operation of a vessel upon a boating area for which
there is no valid permit is in violation, whether as owner or otherwise.
2.
Every
person who operates, causes to be operated or used, or permits or
allows the use and operation of a vessel, subsequent to inspection,
which is not equipped as required by law upon inspection is in violation,
whether as owner, lessee, bailee, or otherwise.
(Ord. 1231, 1987; Ord. 1451, 1993; Ord. 1813 § 1, 2007; Ord. 1889 §
1, 2011; Ord. 1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 § 1, 2015)
A.
Speed
Limits. No person shall ride or drive any bicycle, motorcycle, motor
vehicle, or other vehicle in any county park or recreation area at
a greater speed than that specified below and indicated by a sign(s)
posted along such street or area.
1.
Street
Speed Limit. The maximum speed limit on streets is the prima facie
or declared prima facie speed limit established pursuant to the provisions
of Chapter 7 of Division 11 of the California Vehicle Code (commencing
with Section 22349).
2.
Paths
and Driveways. All areas not deemed a street, including paths and
driveways, are hereby declared to be 15 miles per hour.
B.
Motor
Vehicles. Motorized vehicles must stay on roadways, drives, and parking
areas. Driving motorized vehicles on lawn areas, bicycle paths, and
walkways is prohibited. Motor vehicles must have a current registration
and license plate.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
A.
No
person shall transport into, possess, or consume upon the premises
within any county park or recreation area any intoxicating liquors
having more than a 12% alcoholic content, except where there is no
alcoholic content restriction within the following park facilities:
1.
Lake
Yosemite Park: Fish and Game Building, Rotary Cove Buildings I and
II, and Veterans Cove;
3.
Hagaman
Park: Mahoney Shelter and Pit #1 Shelter;
4.
O'Banion
Park: Del Hale Community Recreation Building;
5.
Winton
Park: Picnic Shelter;
6.
Planada
Park: Community Recreation Building;
7.
Delhi
Shattuck Park: Community Recreation Building; and
8.
El
Nido Park: Community Recreation Building.
B.
Persons
serving or dispensing alcoholic beverages must comply with State Alcoholic
Beverage Control regulations. Sale of alcoholic beverages to the general
public is prohibited unless authorized by the board of supervisors
or by the director of public works or designee. Sale to the general
public does not include functions taking place in facilities that
are reserved for private functions by clubs, fraternal organizations,
or such similar groups. Authorization for such groups to serve or
sell alcoholic beverages may be granted by the director of public
works or authorized staff. The Merced County sheriff's department
may require security personnel to be on duty for any group serving,
dispensing, or selling alcoholic beverages.
C.
All
alcoholic beverages are prohibited in those county parks which are
so designated and posted or selected areas of county parks which are
so designated by the Merced County board of supervisors. The said
prohibition is effective upon posting notice thereof.
D.
Exceptions
may be granted, by special authorization, to allow the possession,
consumption, and/or sale of alcoholic beverages for special events
in posted areas of county parks. The authorization may be issued up-on
review and approval of the request by the Merced County board of supervisors
or the director of public works or designee upon the review of: sheriff's
department and risk management office. All liability insurance requirements
must be met and all state laws regarding the possession, use, and/or
sale of alcoholic beverages are to be strictly followed.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
A.
It
is unlawful for any person to engage in the business of soliciting,
selling, or peddling any liquids or edibles for human consumption
or to distribute circulars or to hawk, peddle, or vend any goods,
wares, or merchandise of any kind unless approved by the Merced County
board of supervisors.
B.
The
Merced County board of supervisors will enter into an agreement or
contract of all concessions to be operated on any county park or recreation
area.
C.
All
persons, firms, or corporations holding concessions shall keep the
grounds used by them properly policed and shall maintain the premises
in a sanitary condition to the satisfaction of the director of public
works or designated representative. No operator of any concessions
shall retain in his or her employment any person whose presence is
deemed by the director of public works to be subversive of good order
and management.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
All groups desiring to reserve specific facilities in county parks or recreation areas may procure reservations from the director of public works or authorized staff in accordance with the county park facility use policy and fee schedule set forth at Chapter 5.60. Reservations for the Del Hale Community Recreation Building, Planada Community Recreation Building, and El Nido Community Recreation Building, Snelling Community Recreation Building in Henderson Park and Delhi Shattuck Park Community Recreation Building may be obtained through those groups under contract with the county.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
No person shall remain upon the grounds of a county park or
occupy the grounds of such parks and recreation areas, or any part
thereof, or use any of the facilities or equipment therein, or permit
any vehicle to remain therein, except during the hours listed below,
unless authorized by the director of public works or designated representative.
A.
Lake
Yosemite, Henderson and Hagaman Parks open at seven-thirty a.m. October
1st through March 31st of each year. No person shall remain upon the
above parks one hour after sunset, with the exception of those individuals
or groups at a rental facility or by special permit and then the facility
must be vacated by eleven p.m. and the park closes at eleven-thirty
p.m.
B.
April
1st through September 30th of each year the parks will close at eleven-thirty
p.m. When no reservations or special permit events are scheduled,
the parks may close anytime after nine-thirty p.m.
C.
All
Other Parks. With the exception of rented facilities or special permitted
events, all other parks shall open at seven-thirty a.m. and close
at ten p.m.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
A.
Park
Admission Fees. Admission fees established and required by the Merced
County board of supervisors for the use of any Merced County park
shall be paid by users as and when required. Failure of any person
to pay such fees when such fees are being collected is unlawful and
a violation of this chapter.
B.
Fees
and Charges.
1.
The
fees and charges set for the privileges, services, or materials designated
shall be paid to the director of public works or designated representative
and shall be deposited with the treasurer of the county of Merced
and shall be credited to the general fund.
2.
Fees
and charges may be set and collected for the Planada Community Recreation
Building, El Nido Community Recreation Building, Delhi Shattuck Park
Community Building, Snelling Community Recreation Building and Del
Hale Community Building by the current organization under contract
with the county in compliance with the management agreement between
each area and the county of Merced, wherein the county may audit and
retain ultimate control.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
The Merced County sheriff's department and any other law enforcement
officer pursuant to Section 830 of the California Penal Code are authorized
to enforce the rules of this chapter.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
A.
Any person violating any of the provisions of subsection C of Section 10.28.070 prohibiting intoxicating liquors, or subsection R of Section 10.28.040, prohibiting unauthorized camping is guilty of a misdemeanor and is subject to the penalties set forth in Chapter 1.28, Section 1.28.020 of the Merced County Code for misdemeanors.
(Ord. 1231, 1987; Ord. 1813 § 1, 2007; Ord. 1889 § 1, 2011; Ord.
1922 § 1, 2014; Ord. 1927 § 1, 2015; Ord. 1937 §
1, 2015)
