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PRC Sec 5150-5164 Parks COUNTIES AND CITIES (PARKS AND MONUMENTS)
PUBLIC RESOURCES CODE
5150. Any county or city may assist the State in acquiring any
park, playground, recreational center, or beach to be used for
5151. Any county or city may donate, convey, and grant to the State
any real property owned by it, or which it may acquire, for a park,
playground, recreational center, or beach used for recreational
purposes. It may use any part of its funds, including funds received
by bequest, gift, donation, and those received in trust for the
acquisition of such properties, as may be necessary to assist the
State in acquiring any park, playground, recreational center, or
beach for recreational purposes, to be cared for, maintained, and
controlled under any agreement or arrangement authorized by article
one of chapter one of this division.
5152. The board of supervisors or governing body of any county or
city within which any park forming a part of the State park system is
established, may relinquish any road, highway, or trail, or portion
thereof, or right of way therefor, existing within the park, to the
authority charged by law with the management and control of the park.
Jurisdiction over any such road, highway, or trail shall vest in
the park authority, upon the acceptance by it of the road, highway,
trail, or right of way.
5153. Relinquishment to the park authority of any road, highway,
trail, or right of way shall be by resolution of the board or
governing body having jurisdiction, spread upon its minutes, after
notice and hearing. A certified copy of the resolution, with the
acceptance of the park authority endorsed thereon, may be recorded in
the office of the county recorder of the county in which the road,
highway, or trail is located, and a certified copy shall be filed
with the park authority.
5155. The board of supervisors of any county may, by a unanimous
vote, expend any portion of the moneys in any of the funds named in
section 5156 for the payment of principal or interest, the redemption
or purchase of bonds of the county or of a special assessment
district within the county if special assessments have been or are to
be levied for such payments, and the proceeds of the bonds have been
used for the acquisition of lands or the improvement or maintenance
of lands or public parks within the county.
5156. Expenditures authorized by Section 5155, may be made from any
one of the following funds:
(a) The general fund of the county.
(b) The proceeds of any county bond issue voted for the purpose of
acquiring lands or improving or maintaining them as a public park
within the county, or from any other fund available for such
5157. Any county may purchase or lease, or obtain by gift, lands
located in the county, or in other counties and may hold, improve,
and maintain such lands for public parks, public beaches, public
recreation areas or public boulevards.
Before land situated in another county may be so acquired and
held, improved, and maintained, the consent by resolution of the
board of supervisors of that county shall be obtained. Land acquired
in conformity with the requirements of this section is subject to
the jurisdiction, laws and ordinances of the acquiring county.
5157.5. Under such limitations and restrictions as are prescribed
by law, and in addition to jurisdiction and powers otherwise
conferred, boards of supervisors in their respective counties shall
have jurisdiction and power to construct within the incorporated as
well as the unincorporated area of the county works for the
prevention of beach erosion or for the restoration of eroded beaches
or both. Such work may be performed along any portion of the ocean
front regardless of ownership of the adjacent upland. Before any
such work is performed by a county within the incorporated area of
any county, the consent of the governing body of such incorporated
area shall first be obtained.
5158. The commissioners of any public park in this State may accept
and receive donations and aid from individuals and corporations, and
may receive legacies and bequests, and the moneys derived therefrom
shall be a portion of the public funds belonging to the park
commissioners, and are applicable under the direction of the park
commissioners to the purposes of preserving and embellishing the
parks under their respective management and control.
5159. If these funds at any time exceed the sums necessary for
immediate expenditure on the park grounds, or if it is advisable to
invest them and make them productive, the park commissioners may
invest them or any portion, in interest-bearing bonds of the
government of the United States, or the State of California, and the
commissioners may use the interest and income. The commissioners
may, if necessary, sell and dispose of the bonds.
5160. The board of supervisors of any county may by a four-fifths
vote of the members use or dedicate for county highway purposes any
portion of any county public park acquired in whole or in part with
county funds or acquired through special assessment district
proceedings conducted by such board of supervisors when public funds
have been contributed to such district proceedings or for the payment
or retirement of bonds or assessments thereof.
5161. Whenever any county, city and county, city or the state owns
land within the limits of any area designated as a state historical
monument, it may, with the consent of the department, sell such land
to, or exchange such land with, any other public, private, or former
owner of land within the same area upon a determination by the state
or other governmental agency that the sale or exchange of the land
will facilitate the development of the historical monument.
5162. Any beach or seashore recreation area owned, leased,
operated, controlled, maintained or managed by a city or county which
is open to the use of residents of such city or county shall be open
to all members of the public upon the same terms, fees, charges and
conditions as are applicable to the residents of such city or county.
5163. (a) No person shall initially be employed in connection with
a park, playground, recreational center, or beach used for
recreational purposes by a city or county in a position requiring
contact with children, or as a food concessionaire or other licensed
concessionaire in that area, unless the person produces or has on
file with the city or county a certificate showing that within the
last two years the person has been examined and has been found to be
free of communicable tuberculosis.
(b) Thereafter, those employees who are skin test negative shall
be required to undergo the foregoing examination at least once each
four years for so long as the employee remains skin test negative.
Once an employee has a documented positive skin test which has been
followed by an X-ray, the foregoing examination is no longer required
and a referral shall be made within 30 days of the examination to
the local health officer to determine the need for followup care.
"Certificate" means a document signed by the examining physician
and surgeon who is licensed under Chapter 5 (commencing with Section
2000) of Division 2 of the Business and Professions Code, or a notice
from a public health agency or unit of the tuberculosis association
which indicates freedom from active tuberculosis.
5163.1. The examination shall consist of an approved intradermal
tuberculosis test, which, if positive, shall be followed by an X-ray
of the lungs.
Nothing in Sections 5163 to 5163.2, inclusive, shall prevent the
governing body of any city or county, upon recommendation of the
local health officer, from establishing a rule requiring a more
extensive or more frequent examination than required by Section 5163
and this section.
5163.2. The X-ray film may be taken by a competent and qualified
X-ray technician if the X-ray film is subsequently interpreted by a
licensed physician and surgeon.
5163.3. The city or county shall maintain a file containing an
up-to-date certificate for each person covered by Section 5163.
5163.4. Nothing in Sections 5163 to 5163.3, inclusive, shall
prevent the city or county from requiring more extensive or more
5164. (a) (1) A county or city or city and county or special
district shall not hire a person for employment, or hire a volunteer
to perform services, at a county or city or city and county or
special district operated park, playground, recreational center, or
beach used for recreational purposes, in a position having
supervisory or disciplinary authority over any minor, if that person
has been convicted of any offense specified in paragraph (2).
(2) (A) Violations or attempted violations of Section 220, 261.5,
262, 273a, 273d, or 273.5 of the Penal Code, or any sex offense
listed in Section 290 of the Penal Code, except for the offense
specified in subdivision (d) of Section 243.4 of the Penal Code.
(B) Any felony or misdemeanor conviction specified in subparagraph
(C) within 10 years of the date of the employer's request.
(C) Any felony conviction that is over 10 years old, if the
subject of the request was incarcerated within 10 years of the
employer's request, for a violation or attempted violation of any of
the offenses specified in Chapter 3 (commencing with Section 207) of
Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal
Code, wherein it is charged and proved that the defendant personally
used a deadly or dangerous weapon, as provided in subdivision (b) of
Section 12022 of the Penal Code, in the commission of that offense,
Section 217.1 of the Penal Code, Section 236 of the Penal Code, any
of the offenses specified in Chapter 9 (commencing with Section 240)
of Title 8 of Part 1 of the Penal Code, or any of the offenses
specified in subdivision (c) of Section 667.5 of the Penal Code,
provided that no record of a misdemeanor conviction shall be
transmitted to the requester unless the subject of the request has a
total of three or more misdemeanor convictions, or a combined total
of three or more misdemeanor and felony convictions, for violations
listed in this section within the 10-year period immediately
preceding the employer's request or has been incarcerated for any of
those convictions within the preceding 10 years.
(b) (1) To give effect to this section, a county or city or city
and county or special district shall require each such prospective
employee or volunteer to complete an application that inquires as to
whether or not that individual has been convicted of any offense
specified in subdivision (a). The county or city or city and county
or special district shall screen, pursuant to Section 11105.3 of the
Penal Code, any such prospective employee or volunteer, having
supervisory or disciplinary authority over any minor, for that person'
s criminal background.
(2) Any local agency requests for Department of Justice records
pursuant to this subdivision shall include the prospective employee's
or volunteer's fingerprints, which may be taken by the local agency,
and any other data specified by the Department of Justice. The
request shall be made on a form approved by the Department of
Justice. No fee shall be charged to the local agency for requesting
the records of a prospective volunteer pursuant to this subdivision.