This chapter sets out regulations for the public use of San Juan County parks and land bank property. This chapter is declared to be an exercise of the police powers of the County and its provisions shall be liberally construed for the protection of the natural environment, public peace, health, safety and welfare.
(Formerly 9.17.010, 9.17.020; Ord. 127-1990 § 2; Ord. 33-2009 § 2)
Unless clearly inconsistent with the context in which used, the following definitions shall apply for this chapter:
"Barge"
means a vessel, to be distinguished from freight ferries by their practice of transporting bulk cargoes of single or aggregate materials, which may be piled loose on the deck, and which cargoes require ramp intermediate off-loading procedures.
"Camp"
means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, boat or a trailer camper, for the purpose of or in such a way as will permit remaining overnight, or the establishing, setting up and use of a site or location for cooking and preparation of meals and other related activities.
"Commercial"
means of or relating to a business or private enterprise.
"Day use"
means any allowed use of a park, including, but not limited to, use of beach or boat ramp, use of restrooms or picnic areas, that does not involve an overnight stay.
"Designee"
means any person authorized by the parks director or land bank director to act on his or her behalf to carry out the duties of the park department or land bank, respectively, as provided in this chapter.
"Freight ferry"
means a vessel that can be distinguished from barges by its practice of transporting cargoes requiring simple roll-on/roll-off on-loading and off-loading procedures at the ramp.
"Group"
means a party consisting of nine or more people who will function as a unit for activities such as hiking, camping, socializing, and/or preparing and eating meals.
"Land bank commission"
means the advisory body which assists the land bank director in the management of the land bank and advises the County administrator and County council in the selection of the land bank director.
"Land bank contractor"
means a municipal corporation, governmental or private agency, or individual hired by the County to maintain and manage a particular land bank property.
"Land bank director"
means the director of the San Juan County land bank or designee.
"Land bank preserve"
means property managed by the land bank for public use including easements for trails.
"Land bank property"
includes all land bank property whether or not it is open for public use. All land bank preserves are land bank property.
"Nonprofit"
means a group consisting of members of a registered not-for-profit organization which may include, but not be limited to, schools, churches, Boy Scout and Girl Scout troops, Camp Fire Boys and Girls, YMCAs, etc.
"Park"
means all parks and bodies of water contained therein, drives, trails, beaches, playgrounds, gardens and other park recreation, open space areas, boat ramps and launching facilities, buildings and all other facilities comprising the parks and recreation system of the County.
"Park contractor"
means a municipal corporation, governmental or private agency, or individual hired by the County to maintain and manage a particular County park.
"Parks commission"
means the parks and recreation commission of the County as created in Chapter 2.40 SJCC.
"Parks director"
means the director of the parks and recreation department for the County or his designee.
"Permit"
means a written authorization with terms and conditions, issued by the parks director or land bank director, authorizing a specific use of a County park property or land bank preserve.
"Person"
means any individual, corporation, association, society, firm, partnership or any branch of state or local government.
"Ramp"
means a boat ramp at any County park.
"Reservation"
means advance scheduling for a campsite space, room space, or other park area or facility.
Wherever consistent with the context of this chapter, words in the present, past or future tense shall be construed to be interchangeable, words in the singular shall be construed to include the plural, and words in the masculine gender shall apply to the feminine and neuter gender.
(Formerly 9.17.030; Ord. 127-1990 § 2; Ord. 1-2003 § 1; Ord. 28-2007 § 2; Ord. 13-2008 § 7; Ord. 33-2009 § 3)
All decisions and actions taken pursuant to this chapter by the parks director shall relate solely to the governance of County parks. All decisions and actions taken pursuant to this chapter by the land bank commission or land bank director shall relate solely to the governance of land bank preserves.
(Ord. 33-2009 § 4)
Upon the recommendation of the parks commission or land bank commission, the County council may adopt a fee schedule for the use of park facilities or land bank properties by individuals and groups. The fees may cover such things as camping, group events and special uses.
(Ord. 33-2009 § 6)
A. 
The County administrator may approve or establish a permit system as proposed by the parks commission or land bank commission and may require permits for any commercial, nonprofit group, or other special use of a County park or land bank preserve which permit system will be administered by the parks director or land bank director, respectively. Such permit system may establish the allowed commercial, nonprofit group and other special uses of County parks and land bank preserves.
B. 
All permits shall be of a temporary nature, shall vest no permanent right and may be revoked upon 30 days' notice, or, if the permit so states, upon shorter notice. Permits are not transferable. Permits for the use of any boat ramp shall be obtained at least 48 hours (two business days) in advance of the intended use from the director.
C. 
Permits issued under this chapter may contain conditions to protect park or land bank resources and the health, safety and welfare of the public or the park; to avoid or limit unnecessary interference with other users or uses of the park; to minimize disturbance of the surrounding neighborhood; and to require the user to leave the area used in a condition after the activity as it was beforehand. The parks director shall issue permits including use conditions for park property and the land bank director shall issue permits including use conditions for land bank preserves.
D. 
It is unlawful to use a park or conduct an activity or hold an event in any park or land bank preserve for which a permit is required by this chapter without first obtaining a permit from the director.
(Formerly 9.17.050; Ord. 127-1990 § 2; Ord. 1-2003 § 2; Ord. 13-2008 § 9; Ord. 33-2009 § 7)
A. 
Any person who has obtained a permit from the parks director or land bank director must produce and exhibit such permit upon request.
B. 
No person under the age of 18 may sign for a reservation or obtain a permit under this chapter.
C. 
The parks director or land bank director reserves the right to cancel a permittee's activity.
D. 
All permittees must leave the facility in a condition considered satisfactory to the parks director or land bank director. No group shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work.
E. 
At all assemblies of minors under 18 years of age, responsible adults must be present throughout the entire function.
F. 
A person using facilities by reservation or agreement may be required to protect and save San Juan County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind and character, including the cost of defense thereof, arising in favor of the persons, employees, or third parties due to personal injuries, death, or damage to property arising out of the premises, or in any way arising out of the acts or omissions of the person and/or their agents, employees, or representatives. Users of any and all park facilities or areas do so at their own risk. San Juan County assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of park facilities or land bank preserves.
(Ord. 1-2003 § 4; Ord. 13-2008 § 11; Ord. 33-2009 § 9)
A. 
Individual parks or land bank preserves may be managed and/or maintained by a contractor. The land bank or parks department contractor shall operate and maintain the park in accordance with the rules in this chapter and the terms of a written contract with the County for operation and maintenance. A park or land bank contractor may act as a designee of the director only as set out in the contract and specifically provided for by this chapter.
B. 
All contracts with private contractors to manage a County park or land bank preserve shall be approved by the County administrator upon the recommendation of the parks and recreation commission or land bank commission.
(Ord. 28-2007 § 6; Ord. 13-2008 § 23; Ord. 33-2009 § 10)