As used in this chapter:
A. 
"County" means the County of Sacramento.
B. 
"Director" means the Director of the Department of Regional Parks of the County or authorized representative.
C. 
"Department" means the Department of Regional Parks of the County.
D. 
"Facility" or "park facility" means any body of water, land, campsite, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the Department of Regional Parks.
E. 
"Barbeque" means any framework, such as a grill or a spit, a fireplace for cooking food over an open fire, open hearth or pit.
F. 
"Incendiary Device" means any device that can be used to start a fire or used to cook food including, but not limited to, the following: matches, lighters, flints, gas or electric barbeques, gas, propane and torches.
G. 
"Designated Picnic Area" means any location where a Department provided barbeque is located.
(SCC 36 § 2, 1971; SCC 1331 § 4, 2006; SCC 1584 § 1, 2015; SCC 1586 § 1, 2015)
The provisions of this chapter apply to all facilities under the jurisdiction of the County of Sacramento and to all facilities under the jurisdiction of a recreation and park district organized pursuant to the provisions of the Public Resources Code commencing with Section 5780, including any such district governed by the Board of Supervisors acting ex officio as the district Board of Directors and any such district governed by an elected Board of Directors. As used in this chapter with reference to a facility under the jurisdiction of any such district:
a. 
"Director" means the administrator of the recreation and park district which has jurisdiction or other authorized representative of such district.
b. 
"Department" means the recreation and park district which has jurisdiction.
c. 
"Facility" or "park facility" means any body of water, land, campsite, recreation area, building, structure, system, equipment, machinery, or other appurtenances owned, managed, controlled or operated by the recreation and park district having jurisdiction.
d. 
"Board of Supervisors" means the Board of directors of the district which has jurisdiction.
(SCC 241 § 1, 1976)
Whenever a permit is required by provisions in this chapter, an application shall be filed with the Director stating:
a. 
The name and address of the applicant;
b. 
The name and address of the person, group, organization or corporation sponsoring the activity;
c. 
The nature of the proposed activity;
d. 
The dates, hours, and park facility for which the permit is desired;
e. 
An estimate of attendance; and
f. 
Any other information which the Director, regarding public health, safety and welfare, finds reasonably necessary to a fair determination as to whether a permit should issue.
(SCC 36 § 2, 1971)
The Director shall issue a permit hereunder when he finds:
a. 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
b. 
That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation;
c. 
That all conditions including, where applicable, the payment of fees, approval of the Board of Supervisors, and insurance coverage, are met;
d. 
That the proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;
e. 
That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense or security operation by the Department; and
f. 
That the facilities desired have not been reserved for other use.
(SCC 36 § 2, 1971)
a. 
Notwithstanding the provisions of Section 1.01.190, and except as provided in Section 9.36.035(e), and unless otherwise stated in this chapter, a violation of any of the provisions of Chapter 9.36, or failure to comply with any of the regulatory requirements of Chapter 9.36, is an infraction subject to the procedures described in Sections 19(c) and 19(d) of the California Penal Code.
b. 
The Director shall have the authority to revoke a permit upon a finding of violation of any regulation contained in this chapter or upon a finding of violation of other county ordinance or law of this state.
c. 
The Director shall have the authority to eject from any park facility any person acting in violation of regulations contained in this chapter.
d. 
The regulations contained herein shall not prohibit any person authorized by the Director from the normal exercise of requested, assigned, or contractual duties.
(SCC 576 § 12, 1983; SCC 0919 § 5, 1993)
A. 
Administrative penalties established pursuant to section 9.36.031 shall be imposed and collected as set forth herein.
B. 
Notice of Violation. When a violation of any of the provisions of Chapter 9.36 is identified, the Director shall issue a Notice of Violation to the person determined to be in violation of this chapter. The Notice shall be on a form prescribed by the Director and shall contain the following information: (1) date, approximate time, and address or definite description of the location where the violation(s) was observed; (2) the code section violated and a description of the violation; (3) the amount of the monetary penalty for the violation(s); (4) an explanation of how the penalty shall be paid, the time period by which it shall be paid, and the place to which the penalty shall be paid; (5) identification of rights of appeal, including the time within which the Notice may be contested and the place to obtain a Notice of Appeal and Request for Hearing form to contest the Notice of Violation; and (6) the name and signature of the citing officer and, if possible, the signature of the person determined to be in violation of this chapter. A single Notice of Violation may charge a violation for one or more days on which a violation exists, and for the violation of one or more code sections.
C. 
Service of Citation. The Director shall impart notice to the person found in violation of any provision of this chapter in the following manner:
1. 
Personal Service. The Director shall attempt to locate and personally serve the person determined to be in violation of this chapter, and, if possible, obtain the signature of the person in violation on the Notice of Violation. If the person in violation refuses or fails to sign the Notice, the failure or refusal to sign shall not affect the validity of the Notice or of subsequent proceedings.
2. 
Mail. If, for any reason, the Director is unable to personally serve the Notice of Violation on the person determined to be in violation of this chapter, the Notice shall be mailed to the person determined to be in violation of this chapter by certified mail, postage prepaid with a requested return receipt. Concurrently, the citation shall be sent by regular mail. Service by mail shall be sent to the address of the person determined to be in violation of this chapter as shown on public records or as known by the County. If the Notice is sent by certified mail and returned unsigned, then service shall be deemed effective by regular mail, provided the Notice sent by regular mail is not returned by the post office. Service by mail shall be effective on the date of mailing.
3. 
The failure of any person determined to be in violation of this chapter to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.
D. 
Satisfaction of Notice of Violation.
1. 
Upon receipt of a Notice of Violation, the person determined to be in violation of this chapter must pay the administrative penalty to the Department of Regional Parks.
E. 
Appeal of Citation.
1. 
Any recipient of a Notice of Violation may contest that there was a violation of section 9.36.030 or that he or she is the person determined to be in violation of this chapter by completing a Notice of Appeal and Request for Hearing form and filing it with the Department of Regional Parks within fifteen (15) calendar days from the date of issuance of the Notice, together with an advance deposit of the total amount of the monetary penalty, or the timely filing of a Request for an Advance Deposit Hardship Waiver pursuant to subsection (F) of this section. Any appeal of the Notice of Violation must include a detailed written explanation of as to the grounds for appeal.
2. 
The failure to submit a timely and complete request for hearing will terminate a person's right to contest the Notice of Violation and result in a failure to exhaust administrative remedies, and the order of the Notice of Violation will serve as a formal determination and conclusive evidence that the person named in violation of this chapter is liable.
F. 
Advance Deposit Hardship Waiver. A person seeking an administrative hearing may request a hardship waiver of the penalty deposit by filing with the Director a completed "Advance Deposit Hardship Waiver," which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the Director within three business days from the date the request is received, and the Director's decision is final. The applicant will be notified by telephone, facsimile, or in person of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the penalty when due. If the request for hardship waiver is denied, an administrative hearing will not be scheduled unless the penalty deposit is paid within five business days following the Director's determination on the request for a hardship waiver.
G. 
Hearing Officer. The County Hearing Officer shall conduct the administrative hearing.
H. 
Hearing Procedure. The following rules shall apply to the conduct of a hearing under this section:
1. 
No hearing to contest an administrative penalty before a Hearing Officer shall be held unless and until a Notice of Appeal and Request for Hearing form has been completed and timely filed, and either the total amount of the penalty has been timely deposited in advance with the Director or, as indicated on the Notice of Appeal and Request for Hearing form, that a Request for an Advance Deposit Hardship Waiver has been timely filed pursuant to Subsection (F) of this section;
2. 
The hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) calendar days from the date that the Notice of Appeal and Request for Hearing form is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing;
3. 
The Hearing Officer shall only consider evidence relevant to whether the violation(s) occurred and whether the responsible person has caused, maintained or allowed the violations of this chapter;
4. 
The person contesting the administrative penalty shall be given the opportunity to testify and present witnesses and evidence concerning the alleged violation;
5. 
The failure of any recipient of a Notice of Violation to appear at the hearing or, in the alternative, to present written or demonstrative evidence shall constitute an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate as well as a failure to exhaust administrative remedies that may bar judicial review;
6. 
The Notice of Violation and any additional documents submitted by the Director shall constitute prima facie evidence of the respective facts contained in those documents;
7. 
If the Director submits an additional written report concerning the alleged violation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served by first class mail on the person requesting the hearing at least five days prior to the date of the hearing;
8. 
At least ten (10) days prior to the date of the hearing, the recipient of a Notice of Violation shall be provided with copies of the notices, reports and other documents submitted or relied upon by the Director. No other discovery is permitted. Formal rules of evidence shall not apply;
9. 
The Hearing Officer may continue the hearing and request additional information from the Director or the recipient of the Notice of Violation prior to issuing a written decision;
10. 
The Hearing Officer is not required to provide transcripts of hearings, but is required to make available tapes of hearings for a fee.
I. 
Hearing Officer's Decision.
1. 
After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the date of the hearing to uphold or cancel the Notice of Violation and shall list in the Decision the reasons for that Decision. The Decision of the Hearing Officer shall be final;
2. 
If the Hearing Officer determines that the Notice of Violation should be upheld, then the Director shall retain the penalty amount, including any fee that is the subject of the Notice of Violation, on deposit with the Director;
3. 
If the Hearing Officer determines that the Notice of Violation should be upheld, and the penalty has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set a payment schedule for the payment of the penalty, including any fee that is the subject of the Notice of Violation. Accrual of any late penalty charges shall resume on the day following the date of the Hearing Officer's Decision;
4. 
If the Hearing Officer determines there has been no violation and the penalty was deposited with the Director, then the Director shall promptly refund the amount of the deposited penalty;
5. 
The recipient of the Notice of Violation shall be served with a copy of the Hearing Officer's written Decision.
J. 
Failure to Pay Administrative Penalties.
1. 
The failure of any person to pay the administrative penalties assessed in connection with a Notice of Violation within the time specified on the Notice constitutes a debt to the County and may result in the matter being referred to the Sacramento County Department of Finance, Revenue Recovery, which may file a claim with the Small Claims Court or, in the alternative, utilize any means within its power to collect the amount owed. The County may pursue any other legal remedy to collect the administrative fines.
2. 
Any person who fails to pay to the County any administrative penalty imposed pursuant to this Title on or before the date the fine is due shall also be liable in any action brought by the County for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees. Such collection costs are in addition to any required fees, penalties, interest and late charges.
3. 
Notwithstanding all of the procedures set forth in this section, the Director shall have the ability and discretion to enforce violations of this Title, to impose necessary conditions, to forgive portions of a debt or penalty owed to the County under this Title, and to coordinate collection and enforcement efforts with the Department of Finance, Revenue Recovery.
K. 
Right to Judicial Review. Any person aggrieved by an Administrative Decision of a Hearing Officer on an administrative citation may obtain review of the Administrative Decision by filing a Petition for Review with the Sacramento County Superior Court in accordance with the timelines and provisions as set forth in California Government Code section 53069.4.
(SCC 1731, 1/9/2024)
a. 
Except as provided in Section 9.36.035(e), every violation of Chapter 9.36 constituting an infraction is punishable by (1) a fine not exceeding $50 for a first violation; (2) a fine not exceeding $100 for a second violation of the same ordinance provisions within one year; (3) a fine not exceeding $250 for each additional violation of the same ordinance provision within one year.
b. 
Except as provided in Section 9.36.035(e), every violation of Chapter 9.36 constituting a misdemeanor, is punishable by a fine not in excess of $500 or by imprisonment in the County Jail for not more than six months, or by both.
c. 
Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by any such person, and shall be punished accordingly.
d. 
Malicious injury or destruction of any real or personal property which constitutes vandalism under the provisions of Section 594 of the Penal Code of the State of California, shall be prosecuted as a violation of Penal Code Section 594 and shall be punishable as either a misdemeanor or a felony, as provided in Penal Code Section 594. Under Penal Code Section 594, if vandalism results in damage of $1,000 or more, the vandalism may constitute a felony punishable by a fine of $1,000 or up to a year in state prison, or both.
e. 
Effective July 1, 1993, any person violating or failing to comply with the provisions of Sections 9.36.048(a), 9.36.048(b), 9.36.065(d), or 9.36.065(e) of this chapter shall be subject to civil penalties, fees, charges and procedures as set forth in Title 10, Chapter 10.04, Section 10.04.100 of this Sacramento County Code.
(SCC 576 § 3, 1983; SCC 0919 § 6, 1993)
The Director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when he or she determines that conditions exist in said facility or portion thereof which present a hazard to the facility or to public safety.
(SCC 36 § 2, 1971)
Section 50402 of the Government Code of the State of California provides that a County may charge for use or services provided in County parks so long as the charges do not exceed the cost of service. The purpose of this section and Sections 9.36.044, 9.36.046, 9.36.048, and 9.36.049 is to provide for park fees to be charged by the Department of Regional Parks for various park services and facilities within the parks in amounts reasonably necessary to recover the cost of operating the parks and providing the various services and facilities therein.
(SCC 441 § 1, 1980; SCC 660 § 2, 1986; SCC 695 § 1, 1987; SCC 1331 § 5, 2006)
By resolution duly adopted, the Department of Regional Parks may charge fees for park use and use of various facilities or services at one or more of the County parks or recreation facilities, and add to, subtract from, increase or decrease such charges.
(SCC 695 § 2, 1987; SCC 1331 § 6, 2006)
Park fees and user fees for County parks, recreation facilities and services within County parks established pursuant to this chapter shall comply with the following criteria:
A. 
Park fees on a per person or per vehicle basis, or both, may be charged in amounts reasonable necessary to recover the costs of facilities, capital improvements, maintenance and operation of County parks and recreation facilities, enforcement and policing of regulations governing park use, and associated administrative costs.
B. 
User fees for facilities and services within County parks and recreational facilities shall be charged in amounts reasonably necessary to recover the cost of providing the facilities and services. Examples of the types of facilities and services for which fees may be charged include, but are not limited to, the following: parking; swimming; reservation of buildings and other facilities for exclusive use; participation in organized athletic and other programs of recreation; and golf greens fees.
(SCC 441 § 1, 1980; SCC 660 § 4, 1986; SCC 695 § 3, 1987)
A. 
It is unlawful for any person to enter or remain in any park facility without having paid the required fee.
B. 
Whenever the Director determines that parking or standing of vehicles in County parks would be disruptive to park users or create dangerous conditions, then the Director shall provide for the erection and posting of signs indicating that the parking or standing of vehicles is prohibited, limited or restricted. It is unlawful for any person to park a vehicle or allow a vehicle to stand in a County park contrary to the prohibitions of any sign authorized by this section.
(SCC 441 § 1, 1980; SCC 660 § 5, 1986; SCC 695 § 4, 1987)
The prohibitions of Section 9.36.048 shall not apply to vehicle parking fees for any organization or group which is expressly authorized in writing by the Director, to pay such fees following use of a park facility.
(SCC 0726 § 1, 1988)
The schedule of fees may be established by duly adopted resolution and shall be applicable to the indicated Sacramento County parks and recreation facilities during the hours of operation of those parks and facilities.
The Director shall determine the hours of operation of Sacramento County parks and recreation facilities based on the following criteria:
A. 
Weather conditions;
B. 
Seasonal recreation activities scheduled or expected to occur at the parks or recreation facilities;
C. 
Nature or extent of public use of the parks or recreation facilities;
D. 
Cost effectiveness of operation of the parks or recreation facilities.
(SCC 441 § 1, 1980; SCC 609 § 2, 1984; SCC 642 § 1, 1985; SCC 660 § 6, 1986; SCC 695 § 5, 1987)
A. 
No person shall use, occupy, or otherwise remain in any park facility or portion thereof for which a permit is required without first having obtained such permit.
B. 
When the number of participants in a reserved area exceeds the designated number of people within the issued permit by over 20%, the permit holder will be subject to an administrative fine for an oversize penalty fee as established pursuant to Section 9.36.049 Schedule of Fees.
C. 
When a permit is not obtained for Amplified Sound pursuant to Section 9.36.072, persons will be subject to an administrative fine for Non-Permitted Use for Amplified Sound as established pursuant to Section 9.36.049 Schedule of Fees.
D. 
When a permit is not obtained for a bounce house or other inflatable apparatus that requires the use of electricity or a generator to remain inflated pursuant to 9.36.063, persons will be subject to an administrative fine for Non-Permitted Use for bounce house as established pursuant to Section 9.36.049 Schedule of Fees.
(SCC 36 § 2, 1971; SCC 1731, 1/9/2024)
Any person using a park facility or portion thereof which may be reserved by obtaining a permit, but who has not obtained such a permit, shall vacate said area when holders of a valid permit present themselves.
(SCC 36 § 2, 1971)
No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with any regulations in this chapter.
(SCC 36 § 2, 1971)
A. 
Within the boundaries of any park facility, no person shall sell, vend, peddle, expose, offer for sale, or distribute after sale to the public, any merchandise, service, or property, or sell tickets for any event, nor shall any person distribute, circulate, give away, throw, or deposit in or on any park facility any handbills, circulars, pamphlets, papers, or advertisements, which material calls the public attention in any way to any article or service for sale or hire, nor within any park facility shall any person solicit or collect donations of money or other goods from the public, without express approval of the Board of Supervisors for such activity within the specific park facility.
B. 
A request for approval as required by this section shall be submitted to the Board of Supervisors for any activity which requires a written contractual agreement. The director may approve any other request unless, in the discretion of the Director, the request is an unusual one which should be submitted to the Board for approval.
(SCC 36 § 2, 1971; SCC 349 § 1, 1978)
Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males, except this shall not apply to children under the age of six years who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for that child. A violation of the provisions of this section is a misdemeanor.
(SCC 576 § 14, 1983)
While within the boundaries of any park facility, no person shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay, or other body of water or in any tributary, stream, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, including, but without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, food matter, wood, fiber, and plastics.
(SCC 36 § 2, 1971)
No person shall dump, deposit, or release any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or trash in or on any park facility, except that refuse which is incidental to the use of the facility may be deposited in the receptacles provided therefor. For purposes of this section, an incinerator, stove, fire ring, barbecue, or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material.
(SCC 36 § 2, 1971)
A. 
No person shall smoke any substance in any area designated as a nature trail or nature area or in or on any park facility where smoking is prohibited.
B. 
Smoking is prohibited in all areas of the American River Parkway except:
1. 
Designated picnic areas;
2. 
Asphalt trails and surfaces;
3. 
Levee and levee tops; and
4. 
Golf courses.
(SCC 36 § 2, 1971; SCC 1567 § 1, 2014)
A. 
No person shall possess any can, bottle or other receptacle containing any alcoholic beverage whether such container is opened, or un-opened, in any area designated as a nature trail or nature area or on or within any park or park facility which has been posted with signs prohibiting such possession. The governing body of the entity owning the park facility may, by resolution, designate, or authorize the Director to designate, the park or park facilities to be posted.
B. 
Notwithstanding any other provision of this code to the contrary, violation of the provisions of this section shall constitute an infraction, and shall be punishable pursuant to the provisions of Government Code Section 25132.
(SCC 500 § 1, 1982; SCC 1607 § 1, 2017)
A. 
No person shall ignite, maintain, or use any fire, or ignite or maintain a fire using a gas or electric barbeque cooker, in any place within any park facility except in a barbecue cooker or other cooking device authorized by the Director for that purpose or when allowed by a permit issued by the Director.
B. 
No person shall ignite or maintain a fire of material deposited in any can, box, trench, pit or other receptacle for the purpose of garbage disposal or incineration.
C. 
No person shall ignite or maintain a fire using solid fuel such as charcoal, or other material except in areas designated as a picnic area or when issued a permit by the Director.
D. 
No person shall use or maintain a container with flammable or combustible liquid or a generator except when issued a permit by the Director.
E. 
Any person violating this subdivision is guilty of a misdemeanor and, upon conviction, shall be punished as provided in Section 9.36.035.
F. 
The presence of any barbeque or other incendiary device in any place within any park facility, except in designated picnic areas or when allowed by a permit issued by the Director, shall be unlawful and constitutes a public nuisance subject to summary abatement as an imminent threat to public health and safety. Any such barbeque or other incendiary device shall be seized and immediately removed from the park facility by the Department and, thereafter, stored in a secure facility subject to retrieval by the owner of such property under such administrative procedures as may be adopted by the Department.
(SCC 36 § 2, 1971; SCC 1568 § 1, 2014; SCC 1584 § 2, 2015; SCC 1586 § 2, 2015; SCC 1700 § 1, 2022)
No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks defined and classified as "safe and sane fireworks" in Section 12504 of the California Health and Safety Code at any public gathering or patriotic celebration provided a permit for such discharge or display has been obtained from the Director.
(SCC 36 § 2, 1971)
No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, bow and arrow, slingshot, or any other weapon potentially dangerous to wildlife or human safety, except in areas, at times, and under conditions designated by the Director for such use. A violation of the provisions of this section is a misdemeanor.
(SCC 576 § 15, 1983)
a. 
No person shall:
1. 
Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal within the boundaries of any park facility, nor remove nor have in his or her possession the young, eggs, or nest of any such creature;
2. 
Abandon any animal, dead or alive, within any park facility;
3. 
Remove any animal not his or her own within any park facility; exception is made to the foregoing in that in proper season, fish may be fished and removed from areas designated for fishing by licensed persons, and boarded horses may be removed from a park facility upon proper notification to the Department;
4. 
Bring into, maintain or allow in or upon any park facility any dog, cat, or other animal except a horse, unless such animal at all times is kept on a leash of sufficient strength and durability that it cannot be broken by the animal so leashed, and no longer than six feet in length, and be under the full and complete physical control of its owner or custodian at all times. Notwithstanding the provision of this subsection (a)(4), the Director may designate:
i. 
Areas and times where such animals may be unleashed for purposes of show, demonstration, or training,
ii. 
Areas and times where such animals are wholly restricted from entering designated parks or park areas;
5. 
Permit cattle, sheep, goats, horses, or other animals owned by him or her or in his or her possession to graze within the boundaries of any park facility without express approval of the Board of Supervisors;
6. 
Ride a horse, pony, mule, burro, or any other animal upon, over or across any park facility, except at times and upon roads or trails designated for the riding of such animals;
7. 
Permit any animal owned by him or her, or in his or her possession, to be brought into or remain upon the premises of any park facility, if the Director has given oral or written notice to remove that animal from such premises. The Director may give such notice if such animal is known to the Director to at any time have caused any injury or damage to any person, other animal or property of another while upon the premises of any park facility;
8. 
Permit or suffer any animal owned by him or her, or in his or her possession, custody, or control, to defecate upon park facility property without immediately removing such animal feces, placing said feces in a sealed bag or other sealed container, and placing such bag or container with feces in a proper refuse receptacle. Persons with horses in their possession, custody, or control, at times and upon roads or trails designated for the riding of such animal, and, unsighted persons while relying on a guide dog, are exempt from the provisions of this subsection.
b. 
Notwithstanding the provisions of subsection (a), all animals shall be prohibited at all times in, upon, or within 15 feet of any area, designated as a nature study area.
c. 
A violation of any of the provisions of this section shall be punishable as follows:
1. 
A first violation of any of the provisions of this section is punishable as an infraction; and
2. 
A second or subsequent violation of the same provisions of this section committed within 30 days of the previous violation shall be a misdemeanor.
(SCC 576 § 16, 1983; SCC 0713 § 3, 1988; SCC 0957 § 1, 1994; SCC 1542 § 1, 2013)
No person shall deposit any earth, sand, rock, stone, or other substance within any park facility, nor shall he dig or remove any such material from within any park facility, nor shall he erect or attempt to erect any building, wharf, or structure of any kind by driving or setting up posts or piles, nor in any manner appropriate or encumber any portion of the real property owned, operated, controlled, or managed by the Department, without a permit from the Director.
(SCC 36 § 2, 1971)
No person shall:
a. 
Dig up, pick, remove, mutilate, injure, cut, or destroy any turf, tree, plant, shrub, bloom, flower, artifact, or archeological site, or any portion thereof;
b. 
Cut, break, injure, deface, or disturb any building, sign, fence, bench, structure, apparatus, equipment, or property, or any portion thereof; or
c. 
Without a permit from the Director, make or place on any tree, plant, shrub, bloom, flower, building, sign, fence, bench, structure, apparatus, equipment, or property, or any portion thereof, any rope, wire, mark, writing, printing, sign, card, display, or similar inscription or device;
d. 
Without a permit from the Director, place or use a bounce house or other inflatable apparatus that requires the use of electricity or a generator to remain inflated within a Regional Park facility.
(SCC 36 § 2, 1971; SCC 1731, 1/9/2024)
No person other than one acting under the direction of the Director shall duplicate or cause to be duplicated a key used by the Department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person.
(SCC 36 § 2, 1971)
A. 
While within the boundaries of any park facility, no person shall drive or operate any automobile, motorcycle, motor scooter, trail bike, Class 3 electric bicycle as defined by California Vehicle Code section 312.5, motorized bicycle or moped as defined by California Vehicle Code section 406, dune buggy, truck, or other motorized vehicle on roads or trails other than those designated for that purpose without a permit from the Director.
B. 
While within the boundaries of any park facility, no person shall drive any automobile, motorcycle, motor scooter, truck, Class 3 electric bicycle as defined by California Vehicle Code section 312.5, motorized bicycle or moped as defined by California Vehicle Code section 406, or other motorized conveyance, except an authorized emergency vehicle, at a rate of speed exceeding 25 miles per hour, except as may be otherwise posted by the Director, or in any case at speeds exceeding safe conditions dictated by prevailing circumstances.
C. 
No person shall operate any automobile, Class 3 electric bicycle as defined by California Vehicle Code section 312.5, motorized bicycle or moped as defined by California Vehicle Code section 406, or other motorized vehicle within the boundaries of any park facility unless such vehicle is currently licensed, except unlicensed vehicles may be operated in areas designated and posted for such use and in accordance with the rules established for such areas.
D. 
No person shall park any automobile, Class 3 electric bicycle as defined by California Vehicle Code section 312.5, motorized bicycle or moped as defined by California Vehicle Code section 406, or other motorized vehicle within any park facility except in areas specifically designated as parking areas. In no case shall any person park a motorized vehicle in a manner that presents a hazard to the public.
E. 
No person shall park or otherwise allow automobiles and other conveyances to remain within the boundaries of any park facility during the hours the facility is closed without a permit from the Director.
F. 
No person shall abandon any motorized vehicle within the boundaries of a park facility.
G. 
No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park facility.
H. 
All motorized vehicles within the boundaries of any park facility shall be equipped with a properly installed muffler device which is in constant operation and which prevents excessive or unusual noise. No such muffler device or exhaust system shall be equipped with a cutout, bypass, or similar device.
(SCC 36 § 2, 1971; SCC 1607 § 2, 2017)
Within the boundaries of any park facility no person shall:
A. 
Operate any motorized vehicle, including, without limitation, motorcycles, trail bikes, Class 3 electric bicycle as defined by California Vehicle Code section 312.5, motorized bicycle or moped as defined by California Vehicle Code section 406, upon any bicycle trail except at street, driveway or access road intersections for the purpose of crossing a bicycle trail, without a permit from the Director;
B. 
Use any portion of a bicycle trail while on roller skates or a skateboard, except that roller skating may be allowed on portions of a bicycle trail designated for such use by the Director and where signs allowing such use have been placed;
C. 
Hold any competitive event on any bicycle trail without a permit from the Director;
D. 
Ride a bicycle on any grassy area, path, or walkway designated for pedestrian or equestrian use. A bicyclist shall be permitted to push a bicycle by hand over any such grassy area, path or walkway;
E. 
Leave a bicycle in any place or position where other persons may trip over or be injured by it;
F. 
Ride a bicycle on a designated off-street bicycle trail in excess of 15 miles per hour, except for permitted competitive events; or in a manner which is unsafe or which may be injurious to the rider or other persons except for permitted competitive events;
G. 
Ride a bicycle upon any unpaved road, trail or area, except on authorized fire roads, service roads or paths designated for bicycle use.
(SCC 36 § 2, 1971; SCC 402 § 2, 1979; SCC 404 § 3, 1979; SCC 713 § 4, 1988; SCC 1607 § 3, 2017)
Except as provided in Section 9.36.066 of this chapter and in such areas specifically designated for the use of such devices, no person shall ride upon a skateboard, roller skates, in-line skates, roller skis, or similar device within the boundaries of any park facility where the use of such devices has been prohibited by the posting of a sign or signs prohibiting such activity in locations which give users of the park facilities adequate notice and which clearly state the areas or locations of prohibition.
(SCC 1084 § 2, 1997)
Within the boundaries of the American River Parkway no person shall use a shopping cart, basket that is mounted on wheels or a similar device that is primarily used for the purpose of transporting goods of any kind.
(SCC 1314 § 1, 2005)
A. 
The Director is authorized to promulgate reasonable opening and closing hours for park facilities. No person shall enter, remain in, or camp in or on any park facility during the hours or any part of the hours said facility is closed without a permit from the Director.
B. 
Prohibition on Being in the American River Parkway and Dry Creek Parkway After Closing. It is unlawful for any person to enter or remain in the American River Parkway or Dry Creek Parkway between the first hour after sunset and sunrise or such other time as is posted by the Director. A violation of this subsection shall constitute a misdemeanor. This section shall not apply to the following:
i. 
Any on-duty Peace officer, emergency/first responder or County employee;
ii. 
Any County-sponsored functions or programs; or
iii. 
Any person who has received a permit or other written authorization from the Director for use of the Parkway after closing hours; or
iv. 
Persons using the trails for purposes of commuting via foot, bicycle, etc. to and from their place of origin and destination outside of either Parkway.
(SCC 36 § 2, 1971; SCC 1700 § 2, 2022)
The playing of rough or comparatively dangerous games such as football, baseball, horseshoes, soccer or of any games involving thrown, hit, or otherwise propelled objects such as golf balls, balls of other description, stones, arrows, javelins, model airplanes, model helicopters and drones is prohibited except in fields, courts, or areas specifically provided therefor or, with express permission of the Director, in areas compatible to said use. Persons desiring to use a park facility for the specific purpose for which the facility was established shall have priority of use over persons using said facility for another nonproscribed purpose.
(SCC 36 § 2, 1971; SCC 1607 § 4, 2017)
No person shall swim, bathe, or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the Director upon his or her finding that use of the water would be dangerous to the user, incompatible with the function of the facility, or inimical to public health.
(SCC 36 § 2, 1971)
Regulations governing the use of boats within any park facility may be established and posted by the Director. Said regulations shall promote the safety of swimmers and boaters, the protection of property, and general public enjoyment of the facility.
(SCC 36 § 2, 1971)
The Director may establish and post regulations governing the use of park facilities which are not inconsistent with regulations contained in this chapter and which promote public health and safety and the preservation of property.
(SCC 36 § 2, 1971)
Within any park facility, no person shall use sound amplification equipment in excess of the noise levels provided by Chapter 6.68 of this Code without a permit from the Director.
(SCC 36 § 2, 1971; SCC 0713 § 5, 1988)
If any section, subsection, sentence, clause, phrase or portion of these regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
(SCC 36 § 2, 1971)
The County of Sacramento operates and maintains its parks and park facilities for the use, benefit, recreation and enjoyment of the general public. However, the County's regional park facilities accumulate significant amounts of litter annually, a large percentage of which consists of randomly discarded glass beverage containers. The recurring and increasing presence of broken glass resulting from such discarded containers poses a serious threat to the public safety at such park facilities, and unreasonably interferes with the public's use and enjoyment thereof. Broken glass is a unique form of litter, in that it can virtually elude clean-up efforts. In particular, it accumulates from year to year on beaches and rocky shorelines, often hidden underwater beneath a layer of sand/or silt, constituting an undetectable hazard to swimmers and waders. Submerged or otherwise concealed broken glass has resulted in injuries to park visitors involving deep cuts, lacerations and other complications. In almost all cases, advanced medical care beyond basic first aid was required, with most cases requiring suture of lacerations. Additionally, some victims required treatment for shock. In some cases, it appeared likely that surgery would be required to repair nerve, cartilage or tendon damage. Many more such injuries occur, yet go unreported.
It is therefore essential to the preservation of the public peace, health, welfare and safety, and the furtherance of safe public use and enjoyment of County parks and park facilities, that the presence of glass beverage containers upon such premises be prohibited.
(SCC 0713 § 1, 1988)
No person shall possess any cup, tumbler, bottle, jar or other container made of glass and used for carrying or containing any liquid for drinking purposes within any park or on any body of water in the American River Parkway west of Hazel Avenue, or within any other park or park facility which has been posted with signs prohibiting such possession, except in locations where such containers are permitted under the terms of a lease, operating agreement or permit. The governing body of the public entity owning or managing such park or park facility may by resolution designate, or authorize the Director to designate, the park or park facilities to be posted.
(SCC 0713 § 2, 1988)
a. 
The sale of goods and services, including, but not limited to, food products, apparel, instructional lessons, and entertainment by natural persons or entities for commercial gain potentially adversely and seriously impacts the use of park lands and park facilities for use by the public for recreational purposes. Any such sales must be regulated through the use of concession contracts to insure that the goods and services marketed will promote the beneficial use of park facilities for recreational purposes.
b. 
It shall be unlawful for any person or entity to enter on and use park lands or facilities owned by the County for the purpose of selling goods or services for commercial gain without having first applied for and obtained from the Board of Supervisors a concession contract authorizing the sales and otherwise regulating the time, place, and manner of such sales. The violation of this subsection shall be punishable as an infraction as provided in Section 9.36.035 of this chapter.
c. 
The provisions of this section shall not be deemed to apply to the sale or distribution of newspapers, books, pamphlets, or other activity constituting protected speech under the First Amendment of the United States Constitution or comparable protections under the California Constitution.
(SCC 0904 § 1, 1993)
Any violation of the provisions of this chapter constitutes a public nuisance.
(SCC 414 § 2, 1980)
a. 
County of Sacramento Park Facilities—Employees. Pursuant to the Public Resources Code, the County of Sacramento Director of Parks and Recreation, and uniformed Park and Recreation employees that may be designated by the Director, shall have the authority and immunities of public officers and employees as set forth in Section 836.5 of the Penal Code to make arrests and issue citations in accordance with the provisions of Chapter 5C (commencing with Section 853.6), Title 3, Part 2 of the Penal Code, for misdemeanor violations of laws of the State of California, and ordinances of any city within the County of Sacramento, and ordinances of the County of Sacramento, committed within their presence in a County park or County recreation area.
b. 
County of Sacramento Park Facilities—Park Ranger. Pursuant to authorization granted by Penal Code Section 830.31(b), those employees designated Park Rangers by the County of Sacramento park director shall have the power of peace officers as provided in Penal Code Section 830.31. Such designation as Park Ranger may be made when the employee is regularly employed and paid in that capacity and if the primary duty of the peace officer is the protection of County of Sacramento park facilities and the preservation of peace therein.
c. 
Recreation and Park Districts—Pursuant to the authorization of Section 5782.26 of the Public Resources Code, the Director of a recreation and park district created pursuant to Public Resources Code Section 5780 et seq., and uniformed park and recreation employees designated by the Director, shall have the authority and immunities of public officers and employees as set forth in Section 836.5 of the Penal Code to make arrests and issue citations in accordance with the provisions of Chapter 5C (commencing with Section 853.5) Title 3, Part 2 of the Penal Code, for misdemeanor and infraction violations of State of California law, ordinances of any city located within the County of Sacramento, ordinances of the County of Sacramento, or park and recreation district regulations or ordinances, when the violation is committed within the park and recreation district and in the presence of the Director or employee issuing the citation.
(SCC 220 § 1, 1975; SCC 250 § 1, 1976; SCC 0957 § 2, 1994)
Pursuant to Section 836.5 of the Penal Code, employees of the County assigned to the classes of park ranger assistant, park ranger I, park ranger II, and park ranger III are hereby designated and shall have the duty to enforce parking regulations as enumerated in Chapter 10.24 of the Sacramento County Code and may make arrests and issue citations for violations of such parking regulations as provided in Section 836.5 of the Penal Code.
(SCC 468 § 1, 1981)
a. 
The Board of Supervisors of the County of Sacramento, State of California, declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4, of the California Penal Code.
b. 
Pursuant to Penal Code Sections 13510.1 and 13512, the County of Sacramento Department of Regional Parks, Park Ranger Unit, will adhere to the standards for recruitment and training established by the Commission on Peace Officer Standards and Training.
c. 
The Commission and its representatives may make such inquiries as deemed necessary to ascertain that the peace officer personnel of the County of Sacramento Department of Regional Parks, Park Ranger Unit, adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
(SCC 1380 § 1, 2008)
A. 
Findings.
1. 
The homelessness crisis continues to grow across the County of Sacramento with more people living unsheltered which has contributed to an increase in homeless encampments throughout the County, including in County-owned parks, and in particular, the American River Parkway and Dry Creek Parkways (collectively "Parkways").
2. 
The American River Parkway is an open space greenbelt extending approximately 29 miles that covers approximately 7,000 acres and includes several distinct areas such as the Lower American River. The Lower American River Parkway spans 23 miles from the Hazel Avenue Bridge to the American River's confluence with the Sacramento River.
3. 
The Dry Creek Parkway is an approximately six-mile open space area and riparian corridor that starts at the Sacramento/Placer County line and extends southwesterly along the two forks of Dry Creek to the Sacramento City limits at Ascot Lane, and is part of the Lower American River watershed.
4. 
The Parkways, including the Lower American River, are afforded special protection and recognition under various federal and state laws, including the National Wild and Scenic Rivers Act (Chapter 28 of Title 16 of the United States Code), the California Wild and Scenic Rivers Act (Chapter 1.4 of Division of 5 of the California Public Resources Code), the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5 of the Public Resources Code), the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5 of the Public Resources Code), and the Lower American River Conservancy Program Act (Chapter 10.5 (commencing with line 7 Section 5845) of Division 5 of the Public Resources Code), among other laws.
5. 
This protection and recognition is afforded to the Parkways because of their important and vital contributions to the quality of life of the greater Sacramento community, the state and nation as a whole. These contributions include functioning as floodway channels, serving as habitats for various fish and wildlife species some of which are protected under the federal and state endangered species and species of special concern laws, providing a myriad of recreational opportunities, and being natural open-space areas for the public to visit.
6. 
The Sacramento County Department of Regional Parks (Regional Parks) administers and manages approximately 5,000 acres within the Parkways, including having Park Rangers provide law enforcement/public safety services in the Parkways.
7. 
The Parkways are natural resource areas meant for recreational usage that lack basic amenities needed for extended or continual camping such as adequate restrooms, lighting, access points, roadways, and clean water. Despite that, encampments of unsheltered persons are prevalent in the riparian forest and woodlands areas of the Parkways with approximately 800 to 900 unhoused individuals residing in the Parkways on any given night based on data in and calculations derived from the 2022 Point-in-Time Count.
8. 
The absence of basic amenities in the Parkways leads to unsanitary living conditions, such as unclean water, accumulation of garbage and debris, increased risk of wildfires, and exposure to human and animal waste, and poses significant risks to the health and welfare of unsheltered individuals camping in the Parkways.
9. 
In 2021, the County abated trash, debris, and abandoned property related to abandoned encampments and removed approximately 1,303.5 tons of garbage and debris from the Parkways.
10. 
The continued existence of encampments of unsheltered individuals in the Parkways results in the degradation of these vital environmental resources that includes, but is not limited to, contamination of water, damage to or destruction of natural landscape, and fires and damages related to.
11. 
The risk of wildfire in the Parkways continues to increase as the drought persists and more individuals camp unlawfully in the area. In 2021, approximately 300 acres were burned in the Parkways due to fires.
12. 
It is the obligation of the County to keep the Parkways and similar natural open spaces clean and available for public use, and to protect the public health, safety, and welfare of individuals in the Parkways.
13. 
In 2021, County Park Rangers and other law enforcement personnel responded to, investigated, and/or made arrests related to criminal activity including homicide, assaults, including sexual assault, rape, battery, robberies and thefts in the County's Regional Parks including the Parkways.
14. 
Responding to emergencies, including calls for service from unsheltered individuals living in the Parkways, are challenging and often hindered due to geographical issues, terrain, narrow roadways, dirt and gravel fire roads, and trails. These limitations become even more significant after sunset. This further puts individuals camping in the Parkways at risk should there be a need to respond to a fire, medical emergency, inclement weather, or other disaster.
15. 
The County is seeking to fulfill its aforementioned obligations in a manner that protects the public health and safety of all residents, including unsheltered individuals, and the County's natural resources. Prohibiting constructing, maintaining or inhabiting any structure, tent or camping facility in the Parkways, as well as prohibiting the use or maintenance of containers with flammable or combustible liquids or a generator and limiting access to the Parkways between sunset and sunrise advances the County's interest in protecting the public health, safety, and welfare of the public and preventing the continued degradation and damage to the Parkways.
B. 
Camping or Constructing, Maintaining, or Inhabiting Any Structure or Camping Facility in the American River Parkway and Dry Creek Parkway Prohibited.
1. 
No person shall camp or construct, maintain or inhabit any structure, tent or camp facility in the American River Parkway or Dry Creek Parkway, except with written permission from the Director.
2. 
No person shall modify the parklands (e.g. dirt, landscaping) or accumulate furniture, household goods, or other items in order to create a structure.
3. 
The following definitions apply to this section:
(a) 
"American River Parkway" means the area described in the American River Parkway Plan as defined by California Public Resources Code section 5841(a) as may be amended from time to time.
(b) 
"Camp" or "camping" means to place, pitch or occupy camp facilities; to live temporarily in a camp facility; or to use camp paraphernalia.
(c) 
"Camp facility" includes, but is not limited to, tents, huts, or structures, including temporary structures (e.g. not permanently affixed to the ground).
(d) 
"Camping paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
(e) 
"Dry Creek Parkway" means an approximately six-mile open space and riparian corridor area starting at the Sacramento/Placer County line and extending southwesterly along the two forks of Dry Creek to the Sacramento City limits at Ascot Lane.
(f) 
"Structure" means a thing that is built or constructed using accumulated furniture, household goods, construction debris (e.g. pallets), tarpaulin, dirt, landscaping, or other items to provide shelter for one or more persons.
4. 
Penalty. A violation of this section shall constitute a misdemeanor.
5. 
Enforcement and Abatement; Storage of Property.
(a) 
Authority to arrest and cite for violations of this section shall be consistent with Section 9.36.080.
(b) 
The County may abate or remove structures, tents, or camping facilities established in violation of subsection (B)(1) after providing 48-hours written notice of said abatement. Structures, tents or camp facilities established in violation of subsection (B)(1) may be abated with less than 48-hours written notice by the County, if the structure, tent or camping facility poses an imminent threat to public health or safety. For purposes of this section a structure, tent, or camp facility poses an imminent threat to public health or safety if there are facts and circumstances that would cause a reasonable person to believe, that there is an increased risk of fire or flood, actual fires or floods, obstructions or interference with the flow of pedestrian or vehicular traffic, and blockage of driveways or access points providing access to emergency vehicles.
(c) 
Abatement pursuant to subsection (B)(5)(b) may include, but is not limited to, removal of camp facilities, camp paraphernalia, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the area with fencing, gates, or barricades to prevent further violations. Any personal property identified and left behind during the abatement shall be stored for at least 90 days and notice shall be provided regarding the retrieval process.
6. 
The Director is hereby authorized to promulgate rules, protocols and procedures for the implementation and enforcement of this section, consistent with the provisions herein.
7. 
The County shall enforce this provision in a manner that is consistent with applicable federal, state and local laws, including but not limited to applicable case law.
(SCC 1700 § 3, 2022)