§ 11.04.010. Definitions, purposes and exclusions.

This chapter applies to all county parks and facilities except for Lake Nacimiento, which is defined as that portion of Nacimiento Reservoir and land owned or leased by the Monterey County water resources agency and/or the county of Monterey located in the Nacimiento watershed, including the Lake Nacimiento recreational area. This chapter is enacted to establish rules and regulations for the safe and peaceful use and enjoyment of county parks and facilities, to advance the public health, safety and welfare at all county parks and facilities, for the protection and preservation of property and natural resources, and the general safety and welfare of the public. As used in this chapter, the following terms shall have the following meanings unless otherwise apparent from the context that a different meaning is intended:

"Aquaplane" or "aquaplaning" means any aquaplane, plank, surfboard, wakeboard, water ski or other device used for the transporting, conveyance, or carrying of a person who is towed or pulled by a vessel or other watercraft by means of a rope, chain, cable, wire or other flexible connection.

"Department" collectively means the county of San Luis Obispo and/or the county of San Luis Obispo parks and recreation department.

"Board of supervisors" means the board of supervisors for the county.

"County" means the county of San Luis Obispo.

"County Code" means the San Luis Obispo County Code.

"Director" means the director of parks and recreation of the county.

"Facility," "facilities" or "park(s)" collectively mean any body of water, land, open space area, campsite, recreation area, golf course, coastal accessway, public beach, natural area, building, swimming pool, pier, dock, launch ramps, or trail, excluding Lake Nacimiento, managed, controlled or operated by the department for recreational purposes.

"Fireworks" means anything defined as "fireworks" in California Health and Safety Code Section 12511, including, but not limited to, "dangerous fireworks" (Health and Safety Code Section 12505), "safe and sane fireworks" (Health and Safety Code Section 12529), but not including auto flares when used for the purpose of warning other vehicles or other emergency signaling devices (Health and Safety Code Section 12506) if they are used for emergency purposes.

"Horse" means any member of the equine family and includes mule, and donkey, or other similar rideable animal.

"Park personnel" means those persons employed by the county and responsible for the maintenance, operation, protection, or management of any county park or facility.

"Person" means and includes natural persons, firms, copartnerships, corporations, limited liability companies, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.

"Quiet hours" means a designated time when park visitors may not exceed noise levels that interfere with the quiet enjoyment of others and which, in no case, exceed forty-five decibels.

"Road" is that portion of a county park or facility improved, designed, ordinarily used, or designated for vehicular travel.

"Sailboard" means any nonmotorized surfboard-like vessel carrying a sail and/or propelled by the wind with no freeboard and equipped with a swivel mounted mast not secured to a hull by guys or stays. A sailboard may be used for windsurfing.

"Surfboard" includes surfboards, paddle boards, skim boards, skimmers, belly boards, body boards, kneeboards and/or other foam-core or hard-surfaced surf and wave riding devices, equipment or contrivances of a similar nature and made entirely or partially of wood, metal, glass, hard plastics, carbon fiber or any other hard substance.

"Unauthorized persons and vehicles" means one whose entry is not approved by the director or designee.

"Vehicle Code" means the California Vehicle Code. Whenever any reference is made to any portion of this code or of any other law including, without limitation, the Penal Code and the Health and Safety Code, such reference shall apply to all amendments and additions hereafter made to such sections.

"Vessel" means any watercraft used or capable of being used as a means of transportation on water, except the following:

(1)

A seaplane on the water.

(2)

A watercraft specifically designated to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by a mechanical device that restricts the watercraft's movement to the fixed course.

(3)

A floating structure which is designed and built to be used as a stationary waterborne residential dwelling which does not have and is not designed to have a mode of power on its own and is dependent for utilities upon a continuous utility linkage to a source originating on shore and has a permanent, continuous hookup to a shoreside sewage system.

"Vessel trailer" means any trailer or equipment used to transport a vessel and which is placed in the water to launch a vessel.

"Windsurfing" means the use of a sailboard.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)