§ 11.04.020. Authority and enforcement.

(a)

Authority of Director. The director or designee is authorized and directed to establish rules and regulations as required for the good order, health, safety, well-being and proper management of all county parks and facilities. Such rules and regulations, once promulgated by the director or designee, must be complied with by all users of county parks and facilities. Violation of any established rule or regulation promulgated by the director or designee shall be grounds to terminate any user's right, permission, or privilege to use or occupy any county park or facility.

(b)

Enforcement of Ordinances. The director shall be subject to the direction, authority and control county administrator and the board of supervisors and she/he is their official representative for all park and recreation matters in the county. The director shall have authority to enforce all rules, ordinances and regulations affecting county parks and facilities including, without limitation, this chapter.

(c)

Delegation of Authority. Whenever a power is granted to, or a duty is imposed upon the director, that power may be exercised or the duty may be performed by other persons designated by the director, or by persons authorized by the county administrator or board of supervisors, unless provided otherwise in this chapter. Powers granted to the department, director, or to park personnel under this chapter shall be construed to be powers delegated by the board of supervisors for the purposes of maintaining the peace, protecting the property of visitors, management, control, and for the general enforcement of the ordinances of the county.

(d)

Authority of Park Personnel. Park personnel are authorized to direct the visiting public in their use of county parks and facilities according to the statutes, ordinances, rules and regulations applicable to such parks and facilities. In the event of an emergency, fire, flood, earthquake or other natural catastrophe, or to expedite traffic, ensure the safety of the public, prevent pollution, or otherwise protect county parks and facilities, park personnel may direct the visiting public as conditions may require notwithstanding any other provision of this chapter. If written rules and regulations are established by the director, designee, or department for the good order, health, and safety of the people, property, and waters within county parks, then such rules and regulations, once promulgated, shall be disseminated, posted, publicized, or otherwise made known to and shall be complied with by all users of county parks and facilities.

(e)

Restriction of Public Use of County Parks and Facilities. The director and/or designated park personnel are authorized to open all or a portion of any county park or facility to the public, to restrict the public's use of county parks and facilities by closing such parks and facilities (including any area or facility within a county park) and to restrict the hours of operation for sufficient reason which includes, but is not limited to, the following:

(1)

Sanitary protection of the watershed;

(2)

Fire prevention;

(3)

Construction;

(4)

Dangerous or unsafe conditions;

(5)

To prevent damage to any county park or facility;

(6)

Inclement weather;

(7)

Conservation of fish and game;

(8)

Protection of natural habitats;

(9)

Real property accepted by the county but not ready for public use.

(f)

Permit Revocation—Removal from County Park or Facility.

(1)

The director or designee shall have the authority to revoke any local inspection certification, or permit relating to using, entering or operating at any county park or facility upon a finding of a violation of any regulation in this chapter or upon a finding of a violation of any other County Code provision, regulation or local, state, or federal law.

(2)

The director or designee shall have the authority to eject from any county park or facility any person acting in violation of any regulation in this chapter or upon a finding of a violation of any other County Code provision, regulation, or local, federal, or state law.

(3)

The director or designee shall have the authority to ban any person from entering or using any county park or facility for any length of time when such person has reasonable grounds to believe that the person has violated any provision of this chapter or any applicable local, state or federal law, rule or regulation.

(4)

The director or designee is authorized to suspend and/or revoke any county park or facility permit or local inspection certification if issued unlawfully or erroneously.

(5)

It is unlawful for any person to enter or re-enter any county park or facility when the permission for such entry has been suspended, revoked, or when such person has been expelled from the county park or facility. Any person aggrieved by such suspension, revocation or expulsion may appeal to the county administrator within ten days of the suspension, revocation or expulsion. The determination by the county administrator may be appealed to the board of supervisors by filing a request for hearing with the clerk of the board within ten days of the decision of the administrative office. The determination of the board of supervisors shall be final.

(g)

Compliance with Lawful Orders. It is unlawful for any person at any county park or facility to fail or refuse to comply with any lawful order, signal, instruction or direction of any park personnel or to refuse to submit to any lawful inspection under this chapter.

(h)

Penalties for Violation. Any person violating any of the provisions of this chapter, except for peace officers and park personnel acting under their scope and authority and in the course of the performance of their duties, may be deemed guilty of a misdemeanor, and upon conviction, is punishable by imprisonment in the county jail for not more than six months, or by a fine of not more than one thousand dollars, or by both. a peace officer issuing a citation for a violation may, at his or her discretion, reduce any offense charged under this chapter to an infraction.

(i)

Separate Offense. Any person violating any of the provisions of this chapter, except for peace officers and park personnel acting under their scope and authority and in the course of the performance of their duties, shall be deemed 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 such person, and shall be punishable accordingly.

(j)

Enforcement Arrest and Citation Authority. Pursuant to the authority vested in the board of supervisors pursuant to California Public Resources Code Section 5380 and Penal Code Section 836.5 (and any amendments thereto), all persons duly appointed as peace officers, the director or designees, and safety employees of the San Luis Obispo County sheriff's department are empowered to enforce the provisions of this chapter. Pursuant to Section 836.5 of the Penal Code, and any amendments thereto, such persons shall have the power to arrest without a warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his/her presence that is a violation of a statute or ordinance that the public officer or employee has the duty to enforce. In any case in which a person is arrested for a misdemeanor pursuant to this chapter, and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest may prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C, Title 3, Part, 2 of the Penal Code, commencing with Section 853.5. Notwithstanding, nothing in this chapter shall be construed as prohibiting an officer from taking a person before a magistrate instead of being released in accordance with Penal Code Section 853.6(i). The provision of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a notice to appear pursuant to this chapter.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)