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State
California Regulations
TITLE 14. NATURAL RESOURCES DIVISION 3. DEPARTMENT OF PARKS AND RECREATION
database is current through 08/11/06, Register 2006, No. 32.
s 4300. Authority.
All sections of Chapters 1 through 8 are adopted pursuant to Sections 5001.5, 5003 and 5008 of the Public Resources Code and apply to all units under control of the Department of Parks and Recreation unless otherwise indicated.
(a) When it is necessary to refer to one or more units under control of the Department of Parks and Recreation by terms other than their classification, the terms "unit of the State Park System," "unit of the State Vehicular Recreation Area and Trail System," or simply "unit" will be used.
(b) A title, where used, does not limit the language of a section.
(c) These sections are severally adopted. If one or more of these sections is deemed invalid, the remaining sections are intended to remain in effect. Where a section herein or rule is amended or repealed, acts and omissions prior thereto may be prosecuted as though such section or rule had not been so amended or repealed.
(d) Special regulations for an area or a subject do not preclude the application of general regulations unless expressly so indicated.
(e) The privilege of any person to be present in any unit under control of the Department of Parks and Recreation is hereby expressly conditioned upon compliance by that person with all applicable laws and regulations. In addition to other penalties prescribed by law, violation of any law or regulation shall subject the violator to ejection from the unit in which the violation occurs.
(f) This provision shall be enforced by peace officers having concurrent jurisdction in any unit in which a violation of regulations may take place.
(g) Nothing contained herein shall be construed to authorize or prohibit any act or acts which are expressly authorized or prohibited by statute of the State of California or by ordinance of a governmental subdivision thereof with concurrent jurisdiction over a unit or units controlled by the Department of Parks and Recreation.
Note: Authority cited: Sections 5000.5 and 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4301. Definitions.
(a) "Department," as used herein, means the State Department of Parks and Recreation, having a headquarters in Sacramento, California.
(b) "Director," as used herein, means Director of Parks and Recreation.
(c) "Deputy Director of Off-Highway Motor Vehicles," means the person in charge of Division of Off-Highway Motor Vehicle Recreation.
(d) Division Chief means the person in charge of an administrative area or division consisting of units and districts, under control of the Department of Parks and Recreation.
(e) "District Superintendent" means the person in charge of an administrative district consisting of one or more units under control of the Department of Parks and Recreation.
(f) "Person," as used herein, shall be construed to mean and include natural persons, firms, copartnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
(g) "Nighttime," is any time from one-half hour after sunset to one-half hour before sunrise.
(h) "Water-ski" means any aquaplane, water-ski, or any other device used, or which may be used, for carrying persons or property while being towed behind a boat.
(i) Posting of Notices. The term "posted" as used herein, unless otherwise indicated, shall mean and require that the Department shall set aside at the district headquarters and at the unit affected and in a location convenient to the general public, a bulletin board or similar device upon which shall be posted all special instructions, orders, pertaining to units of the district including but not limited to special hours of operation, swimming and boating restrictions, hunting and camping restrictions, and special instructions pertaining to areas where activities are curtailed or restricted. Proof of posting shall be filed in the offices of the division chiefs or the Sacramento California Office of the Division of Off-Highway Motor Vehicle Recreation.
(j) Special Events. Special Events are activities which are beyond the normal scope of activities and operations conducted in units under control of the Department of Parks and Recreation. Consistent with existing state policies and laws, District Superintendents may approve by permit a Special Event when it is found to be in the best interest of the Department of Parks and Recreation and is conducted by an appropriate sponsor at no net expense to the state. Special Event permits are required when fees are charged by the event sponsor beyond the regular State Park Facility Use Fees, when the Department has determined the event will create a greater potential hazard or liability to the State than incurred through typical operations, when the activity includes the exclusive use of an area within the park, when the activity interferes significantly with the public's use of an area, when additional staffing or staff time is required, or where items or services are sold. Special Event permits are required for any activity within the State Park System which meet any of these criteria, and which occur wholly or partially within or on any property owned, operated, or administered by the Department. Upon a finding by the District Superintendent that a special event is consistent with the unit's use, he/she may issue a Special Event permit for such use. The terms and conditions of such permit shall prevail where inconsistent with the rules herein when approved by the Division Chief, Chief of Off Highway Motor Vehicle Recreation Division or the District Superintendent.
(k) Juveniles. The term juvenile as used herein shall be construed to mean any person under the age of 18 years.
(l) "Aircraft" means any powered, unpowered, or towed device that is used or intended to be used to carry a person or persons in the air.
(m) Beach. Unless the context otherwise requires, the use of the word "beach" herein means that portion of a unit under control of the Department of Parks and Recreation between the edge of a body of water, extending inland, to whichever comes first: a fence, a distinctive berm or cliff, a line of vegetation, or an officially erected sign specifically designating the boundaries of the beach.
(n) Road. A road is that portion of a unit improved, designed, ordinarily used, or designated for vehicular travel, including vehicular trails within State Vehicular Recreation Area and Trail System.
(o) Designate. Designate means to indicate, specify, or make recognizable by some mark, sign, or name.
(p) Animals. An animal is any animate being which is endowed with the power of voluntary motion; animate being, not human.
(q) Placing of Road Signs. The term "Placing of Road Signs," as used herein, means the placing of signs regulating the operation of motor vehicles, including, but not limited to, stop signs, yield signs, and speed limit signs, which is done in accordance with those instructions contained in section 21401 of the California Vehicle Code.
(r) Placing of Vehicle Recreation Trail Signs. The term "Placing of Vehicle Recreation Trail Signs," as used herein, means the placing of signs regulating the operation of motor vehicles within the State Vehicular Recreation Area and Trail System which is done in accordance with section 38280 of the California Vehicle Code.
(s) Facility. Facility means any structure or combination of structures, or any feature or entity modified by humans for human use.
(t) Unit. Unit means any named and classified unit under control of the Department of Parks and Recreation, as well as any Department projects which have not yet been named or classified.
(u) Camping is defined as:
1) erecting a tent or shelter or arranging bedding, or both, for purposes of, or in such a way as will permit, remaining overnight.
2) Use of houseboats or boats for the purpose of sleeping during the nighttime hours, whether anchored, moored or beached.
3) Use of any parked or standing vehicle for the purpose of sleeping during nighttime hours.
(v) Rockhounding is defined as being the recreational gathering of stones and minerals found occurring naturally on the undisturbed surface of the land, including panning for gold in the natural water-washed gravel of streams.
(w) Float Material is defined as materials only occurring naturally on the surface of the land.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 21401 and 38280, Vehicle Code.
s 4302. Use of Facilities, Payment.
No person shall use or be present in any portion of a unit under control of the Department of Parks and Recreation for which a use fee has been established by the Department, without paying such fee, with the exception of units which require payment of fees upon exit. This shall not apply to state officers and employees on official business nor to persons excepted by the Department for administrative reasons.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5010, Public Resources Code.
s 4304. Aircraft.
No person, using any aircraft, shall land, taxi on or take off from any body of water or from any portion of any unit if not specifically approved by the Department and the unit has been designated for landing of aircraft. No person shall parachute into, fly an unlicensed aircraft, ultralight vehicle, or hang glider over, or parasail or balloon over any State Park unit at an altitude of less than 500 feet unless authorized by the Department by posted order in accordance with section 4301(i).
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.7, Public Resources Code.
s 4305. Animals.
(a) Protection. No person shall molest, hunt, disturb, harm, feed, touch, tease, or spotlight any kind of animal or fish or so attempt.
(b) No person shall injure, trap, take, net, poison, or kill, any kind of animal or fish, or so attempt, except that fish and bait may be taken, other than for commercial purposes in accordance with state laws and regulations.
(c) Where hunting in a state recreation area or within the State Vehicular Recreation Area and Trail System or portion thereof is permitted by regulations herein, so much of this section as is inconsistent therewith shall be deemed inapplicable, provided hunting is conducted in the manner specified.
(d) This section does not apply to activities undertaken by the Department in conjunction with its resource management activities.
(e) Feeding. In units or portions thereof where posted in accordance with Section 4301(i), no person shall feed any wildlife or feral animal listed on such posting.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 5019.56, Public Resources Code.
s 4306. Plants and Driftwood.
(a) No person shall willfully or negligently pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn, or carry away any tree or plant or portion thereof, including but not limited to leaf mold, flowers, foliage, berries, fruit, grass, turf, humus, shrubs, cones, and dead wood, except in specific units when authorization by the Department to take berries, or gather mushrooms, or gather pine cones, or collect driftwood is posted at the headquarters of the unit to which the authorization applies. Any collecting allowed by authority of this section may be done for personal use only and not for commercial purposes.
(b) No person may gather more than five pounds of such material except driftwood each day in the State Park System or State Vehicular Recreation Area and Trail System.
(c) No person may gather more than 50 pounds or one piece of driftwood each day in the State Park System or State Vehicular Recreation and Trails System.
(d) Use of tools, vehicles, and equipment for the collecting of driftwood is prohibited.
(e) Upon a finding that it will be in the best interest of the Department of Parks and Recreation, the District Superintendent may, by posting, authorize the collection of driftwood from specified units on a temporary basis, either by the general public or by commercial operators, if necessary, in quantities, for purposes, and by means other than as specified by this section.
(f) This section does not apply to activities undertaken by the Department in conjunction with its resource management activities.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5007.1, Public Resources Code.
s 4307. Geological Features.
(a) No person shall destroy, disturb, mutilate, or remove earth, sand, gravel, oil, minerals, rocks, paleontological features, or features of caves.
(b) Rockhounding may be permitted as defined in Section 4301(v).
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4308. Archaeological Features.
No person shall remove, injure, disfigure, deface, or destroy any object of archaeological, or historical interest or value.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4309. Special Permits.
The Department may grant a permit to remove, treat, disturb, or destroy plants or animals or geological, historical, archaeological or paleontological materials; and any person who has been properly granted such a permit shall to that extent not be liable for prosecution for violation of the foregoing.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code.
s 4310. Litter.
No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, waste paper, cans, or other litter in a unit except in a receptacle designated for that purpose, and no person shall import any litter, or import and deposit any litter into or in any unit from other places.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.7, Public Resources Code.
s 4311. Fire in Stoves, Smoking.
No person shall
(a) light, build, use, or maintain a fire within a unit except in a camp stove or a fireplace provided, maintained, or designated by the Department for such purpose. Portable camp stoves may be used in portions of units approved by the Department.
(b) Fires shall at all times be maintained in a safe condition that does not threaten any person, natural or structural feature.
(c) Upon a finding of extreme fire hazard by the Department no person shall smoke or build fires in portions of units other than those designated by the Department for such purposes.
(d) This section does not apply to fire fighters or Department employees carrying out fire suppression or resource management activities approved by the Department.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4312. Control of Animals.
(a) No person shall permit a dog to run loose, or turn loose any animal in any portion of a unit, except upon written authorization by the District Superintendent.
(b) No person shall keep an animal in any unit except under his/her immediate control.
(c) No person shall keep a noisy, vicious, or dangerous dog or animal or one which is disturbing to other persons, in any unit and remain therein after he/she has been asked by a peace officer to leave.
(d) No person shall permit a dog or a cat to remain outside a tent, camper, or enclosed vehicle during the night.
(e) No person shall bring a dog into, permit a dog to enter or remain, or possess a dog in units under control of Department of Parks and Recreation unless the dog is on leash of no more than six feet in length and under the immediate control of a person or confined in a vehicle.
(f) No person shall bring a dog into, permit a dog to enter or remain, or possess a dog:
1) beyond the limits of campgrounds, picnic areas, parking areas, roads, structures or in posted portions of units except as provided elsewhere in this section.
2) on any beach adjacent to any body of water in any unit except in portions of units designated for dogs.
(g) In state recreation areas open to hunting pursuant to Public Resources Code, Section 5003.1, dogs may be used to assist in hunting. Such dogs shall not be permitted to pursue or take any wildlife other than that being hunted.
(h) Subsections e) and f) shall not apply to trained "seeing eye," "signal," or "service" dogs used to guide a physically impaired person there present, or dogs that are being trained to become "seeing eye," "signal," or "service" dogs.
(g) Grazing. No person shall graze, herd or permit livestock to enter or remain inside a unit without specific written authorization of the Department, except for grazing by animals used for riding or packing under direct control of visitors or concessionaires.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 508, Public Resources Code.
s 4313. Weapons and Traps.
(a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated archery ranges where the Department of Parks and Recreation finds that it is in its best interests.
(b) Nothing herein contained shall be construed in derogation of the use of weapons permitted by law or regulation and to be used for hunting in any unit, or portion thereof, open to hunting.
(c) Firearms not having a cartridge in any portion of the mechanism, other unloaded weapons or devices such as traps, nets, and bows and arrows may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 5008, Public Resources Code.
s 4314. Fireworks.
(a) No person shall possess, discharge, set off, or cause to be discharged, in or into any portion of a unit any firecrackers, torpedoes, rockets, fireworks, explosives, or substances harmful to the life or safety of persons.
(b) The Department may grant exceptions to this section for specified locations and periods of time upon finding that such activity will not endanger persons, property, or resources.
(c) This section does not apply to explosives lawfully possessed or used under the direction of the Department.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4315. Grazing.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.65 and 5008, Public Resources Code.
s 4316. Commercial Filming.
Except where authorized by the Department, no person shall photograph, videotape or film for commercial (profit and sale) purposes in any unit, or portion thereof, owned, operated or administered by the Department without a permit from the California Film Commission, pursuant to Government Code section 14998.8.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4317. Curfew.
(a) The Department may from time to time by order declare curfew for juveniles in any unit or portion thereof upon a finding that conditions therein are such as to warrant special measures for the protection of juveniles and others and for the safety and welfare of the general public.
(b) Such curfew order shall specify the hours thereof and the period therefor and shall be posted.
(c) When curfew has been so ordered, no juvenile so prohibited shall during the effective period enter or remain therein, except as follows:
(1) One who is accompanied by a parent or guardian.
(2) One who is part of a group permitted to occupy a unit or portion thereof and who is supervised by at least one responsible adult for each fifteen juveniles.
(3) One who is lawfully camping, having furnished to the Department written consent of and the full name, residence number, and telephone number of the juvenile's parent or guardian, with the inclusive dates for which permission is granted to camp at the unit involved.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4318. Peeping Toms.
No person shall loiter, prowl or wander about a park restroom, shower or changing facility and peek into the doors and windows or other openings of such facilities when occupied, without visible or lawful business with the occupants thereof.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003 and 5008, Public Resources Code.
s 4319. Games and Recreational Activities.
No person shall engage in games or recreational activities that endanger the safety of persons, property, resources, or interfere with visitor activities except as permitted by the Department. No person shall hold, sponsor, lead, or otherwise have control over a game or recreational activity occurring wholly or partially within or on any property owned, operated or administered by the Department without an approved Special Event permit if any of the criteria set forth in section 4301(j) apply.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4320. Peace and Quiet.
To insure peace and adequate rest for visitors:
(a) No person shall disturb others in sleeping quarters or in campgrounds between the hours of 10 p.m. and 6 a.m. daily.
(b) No person shall, at any time, use outside machinery or electronic equipment including electrical speakers, radios, phonographs, televisions, or other devices, at a volume which is, or is likely to be, disturbing to others without specific permission of the Department.
(c) No person shall operate an engine driven electric generator which emits sound which is, or is likely to be, disturbing to others between the hours of 8 p.m. and 10 a.m. without permission of the Department.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4321. Assembly.
No person shall conduct or attend an assembly or public demonstration except by permission of the Department upon a finding that such activity would not substantially interfere with park use.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4322. Nudity.
No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part or portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4323. Equipment and Occupancy.
(a) Arrangement and Numbers. The Department may specify the size, type, arrangement and use of recreational equipment and the number of persons permitted in any unit or portion thereof. No person shall otherwise introduce, keep, use, or arrange his/her equipment. No person shall otherwise exceed established occupancy limitations.
(b) Food Storage. In units or portions thereof where posted in accordance with Section 4301(i), no person shall store food, lawfully taken fish or wildlife, garbage or equipment with food residue, other than in the sealed compartment of a vehicle incapable of being opened by wild animals, in a food storage unit designated by the Department, in accordance with posted instructions, or, in areas where bears are a problem, suspended at least ten (10) feet above any material that would support the weight of a bear and separated horizontally by at least four (4) feet from any post, tree trunk or other object. This restriction does not apply to food that is actively being carried, consumed or prepared for human consumption or pets.
(c) No person shall erect, maintain, use, or occupy any temporary tent or shelter on any beach unless there is an unobstructed view through such tent or shelter from at least two sides, provided, however, that nothing herein contained shall be construed to authorize camping except as provided in Section 4451 hereof.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4324. Sanitation.
(a) No person shall deposit waste, water, sewage or effluent from sinks, portable toilets, and other plumbing fixtures directly upon or into the surface of the ground or water.
(b) No person shall deposit any body waste in or any portion of any comfort station or other structure except into fixtures provided for that purpose.
(c) No person shall place any bottle, can, cloth, rag, metal, wood, paper, or stone substances in any plumbing fixture in such a manner as would interfere with the normal operation of such fixture.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4325. Prohibited Area.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4326. Violation of Posted Orders or Special Use, Special Event, Film or Collection Permit.
No person shall
(a) violate any provision of an order posted pursuant to the provisions of section 4301(i) hereof including, but not limited to, prohibited areas, use periods, no alcoholic beverage areas, no smoking areas and no parking areas, where posted in accordance with 4301(q), or,
(b) violate any provision or restriction of a Special Use, Special Event, Film or Collection permit issued pursuant to these regulations.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4327. Use Periods.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4328. Alcoholic Beverages.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4329. Smoking.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4330. Pesticides.
(a) No person shall disperse or otherwise apply any pesticide within any unit or portion thereof, whether to the air, water, ground, or vegetation, unless prior written approval has been obtained from the Department.
(b) Exception is made in the instance of dispersal within enclosed buildings, tents, tent trailers, or within any vehicle or boat containing living or sleeping quarters, or the use outdoors within ten (10) feet of the table, stove, tent or food lockers, of hand-held finger-operated aerosol dispensers or hand-operated plunger-type dispensers with net contents not to exceed twenty (20) ounces and containing any of the following pesticides: Pyrethrine, Allethrin, Piperonyl butoxide, Malathion, DDVP (Dichlorves Vapona), Dibrom, Rotenone (Derrin, Cube Root).
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4331. Soliciting.
No person shall solicit, sell, hawk, or peddle any goods, wares, merchandise, services, liquids, or edibles for human consumption or distribute circulars in any unit, except as permitted by the Department. Such prohibition shall include sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that effect park operations, facility use or visitor safety. Also included are sales activities which encroach on the sales rights of a vendor authorized to sell such products, or services pursuant to a concession contract with the Department.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Fresno Superior Court No. 348560-6; Sections 5001.65, 5008(a), 5019.10 and 5019.53, Public Resources Code.
s 4332. Preparation of General Plan.
After classification or reclassification of a unit, the Department shall obtain public comment and prepare a general plan. The general plan shall consist of a resource element, a land use element, a facilities element, and an operations element. In order that it shall act as a guide and constraint, the resource element will be prepared, made available for public comment, and approved by the Director before substantial work is done on the other elements of the plan.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5002.2, Public Resources Code.
s 4333. Glass Containers.
No person shall possess or use a glass container, bottle, jar, tumbler, or vessel of whatever nature, empty or not, where prohibited by order of the Department, except that persons may pick up glass containers left or discarded by others and remove or deposit same in an approved trash receptacle. Signs shall be posted at beaches and locations where glass containers are prohibited.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5008 and 5008.7, Public Resources Code.
s 4350. Reference to Vehicle Code.
The provisions of the Vehicle Code relating to traffic upon highways shall be applicable to Departmental units except as provided by Departmental regulations in Title 14 herein, and such regulations contain the special conditions referred to in Section 21113 of the Vehicle Code.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 21113, Vehicle Code.
s 4351. State Wilderness or Natural Preserve.
No person shall drive, operate, leave, place, land, taxi, takeoff or stop a motor vehicle, motorboat or aircraft within the boundaries of a state wilderness or natural preserve.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code.
s 4352. Off-Highway Vehicles Hovercraft and Snowmobiles.
No person shall operate an off-highway vehicle, hovercraft or snowmobile except in designated units or portions thereof.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code and Section 23128, Vehicle Code.
s 4353. Speed Limits.
(a) In no event shall a vehicle be driven at a speed greater than 15 miles per hour in camps, picnic areas, utility areas, or headquarters areas or in areas where the general public assembles;
(b) In all other areas the Department, based on the results of a traffic and engineering survey as defined in Section 627 of the California Vehicle Code may, by order, determine a speed limit. which shall be effective when appropriate signs are placed in accordance with Section 4301(q). All speed limit signs that are placed in accordance with Section 21401 of the California Vehicle Code in place on January 1, 1980, are hereby ratified and confirmed. until changed pursuant to engineering and traffic surveys;
(c) In newly acquired or developed areas, the Department may establish a speed limit which will be in effect for a period not exceeding 120 days.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 21113 and 22350, Vehicle Code; Section 5001.8, Public Resources Code.
s 4354. Dangerous Vehicle Operation.
No person shall operate any vehicle, motor vehicle, off-highway vehicle, or bicycle negligently or willfully in such a manner as to pursue, harass, endanger, or injure any person or animal.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4355. Vehicle Operation.
No person shall operate, drive, use, leave, park, place or stop a vehicle, except on a road or a parking area in any unit or a portion thereof,
(a) or in violation of the condition, limitations, or restrictions in such unit or portion thereof;
(b) or in violation of any regulation contained herein.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.8, Public Resources Code.
s 4356. Removal of Vehicles and Vessels.
Any peace officer having jurisdiction in any unit is authorized to cause the removal of a vehicle from a unit under the provisions of the Vehicle Code including, but not limited to, Section 22659, when such vehicle is parked or left standing in violation of the Vehicle Code or state park regulation contained in Title 14 herein, or has been left standing for 72 hours.
(b) Any peace officer having jurisdiction or any property owned, operated or administered by the Department is authorized to cause the removal of a vessel from such property under the provisions of the Harbors and Navigation Code including, but not limited to, section 675(a)(1) when such vessel is left in violation of the Harbors and Navigation Code or title 14, division 3, chapter 2 of the California Code of Regulations.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code; Section 22659, Vehicle Code; Section 675(a)(1), Harbors and Navigation Code.
s 4357. Vehicle Operators.
(a) All individuals operating vehicles in any units shall be properly licensed.
(b) The Department may authorize certain types of vehicles to be operated in units or portions thereof by other than licensed operators.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 12501, Vehicle Code.
s 4358. Parking.
The Department may, by posting of notices (4301(i) and (q)), prohibit or restrict the parking or standing of vehicles in units or portions thereof, during all or certain hours of the day. No such posting of notices shall apply until signs or markings giving adequate notice thereof have been placed.
No person shall block or prevent access to a parking space that they do not lawfully occupy by the parking, standing, or stopping of a vehicle or placement of other objects, or any person. A person may lawfully occupy a parking place only through payment of fees or by being on Department business.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5001.8 and 5008, Public Resources Code.
s 4359. Riding or Pack Animals.
(a) No person shall ride, drive, lead, or keep a saddle or pack animal in a unit, or portion thereof, except on such roads, beaches, trails, or areas so designated by the Department.
(b) No saddle or pack animal shall be hitched to any tree, shrub, or structure in any manner that might cause damage thereto.
(c) No person shall ride any animal in a manner that might endanger life or limb of any animal, person or property;
(d) No person shall allow their animal to stand unattended or insecurely tied.
(e) All persons opening a closed gate shall close the same after passing through it.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4360. Bicycles, Operator Propelled Devices.
No person shall operate an operator or gravity propelled device in any unit, or portion thereof, when the Department has issued an order prohibiting such activity. The Department may establish speed limits for units or portions thereof in which these devices are used. Speed limits will be posted.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4361. Aircraft.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5001.7, Public Resources Code.
s 4400. Procedure, Concessions.
Within ten (10) days after the Department of Parks and Recreation has issued a notice of intent to award a concession contract for a term in excess of two (2) years following a request for proposal or invitation to bid, any proposer/bidder may file a written statement of protest against awarding of the contract with the Director of the Department. The statement shall be signed by the protestor, shall specify the grounds for the protest and may include a demand for a hearing. A copy of the protest must be served on the Attorney General within the same ten-day period by the proposer/bidder.
If a protest is timely served and a hearing is demanded, or if the Director on his or her own motion orders a hearing, proceedings shall be conducted according to the Administrative Procedure Act, and the protest statement shall be treated as a statement of issues. Any recommendation or decision of the hearing officer shall be submitted to the Director for approval, adoption, modification, disapproval or other interlocutory or final action.
If a hearing is not so demanded or ordered, the action of the Director shall be final.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5080.03, Public Resources Code.
s 4450. Sections Applicable Only to State Operated Units.
All sections in Chapter 4 shall apply only to units operated by the Department of Parks and Recreation.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5019.10, Public Resources Code.
s 4451. Camping.
(a) No person shall camp, as defined in Section 4301(U), in any unit except in areas designated for that purpose.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4452. Number Occupying Campsites.
(a) The number of vehicles and persons occupying a campsite shall not exceed two vehicles and eight persons;
(b) the Department may authorize a greater or lesser number when facilities so warrant.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4453. Camping Fees Due.
(a) Fees for the use of camping facilities are due and payable daily.
(b) The fee covers use of camping facilities until the vacating time of 12:00 noon, of the following day.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5010, Public Resources Code.
s 4454. Occupancy.
(a) A campsite is considered occupied when it is being used or has been reserved and the campsite is officially posted or marked "occupied" either at the campsite or entrance station.
(b) The person or persons by or for whom the daily use fee has been paid and the guests and invitees of such person or persons may occupy the campsite.
(c) No person not authorized to occupy a campsite pursuant to subparagraph (a) and (b) of this section or pursuant to law, shall take or maintain possession or arrange camping equipment or park or stand a vehicle in a campsite marked occupied.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4455. Camping Time Limits.
(a) General. Occupancy by the same persons, equipment, or vehicles of any camping facility is limited to a total of 30 days in any calendar year in that unit. The Department may establish shorter or longer limits of occupancy.
(b) Shorter Limits. When the department has established shorter seasonal limits, no person (or persons) who have occupied a campsite for the established limit may reregister in the unit until the expiration of forty-eight (48) hours, from 12:00 noon of the checkout day to 12:00 noon of the second day following. Upon expiration of the established limit, the registered camper shall vacate the campsite of all persons, vehicles and equipment.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4456. Vacating.
Occupants shall vacate the campsite by removing their person, vehicles and property therefrom prior to 12:00 noon if applicable use fee has not been paid or if time limit for occupancy has expired.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4457. One-Night Camping in Day Use Areas.
The district superintendent may permit camping for one night only in a day use area or a portion thereof. Persons occupying a site for such camping shall vacate the same by 9 a.m. the following morning, shall be subject to such fees and vehicle limitations as the Department may establish, and shall be limited to the use of only such portions of the unit as the Department shall specify.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4458. Nighttime Closure.
No person shall be present in any campground between the hours of 10 p.m. and 6 a.m. except as the lawfully registered occupant or for the lawful purpose of camping when campsites are available.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.
s 4460. Parking for Overnight Camping in Designated Coastal Beach Parking Areas.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
s 4461. Coastal Beach Overnight Parking Areas.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
s 4462. Definitions.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
s 4463. Annual Permit Fee and Inspection.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
s 4464. Self-Contained Vehicle Camping.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 5008.6, Public Resources Code.
s 4500. Areas Open to Hunting, General Provisions.
Note: Authority cited: Sections 5003 and 5008, Public Resources Code. Reference: Sections 5003.1 and 5019.56, Public Resources Code.
s 4501. Hunting Authorized.
Hunting is authorized as follows:
(a) Picacho State Recreation Area.
There is opened to hunting annually from the opening day of dove hunting season through the closing day of duck or goose hunting season, whichever is later, as established by the State Fish and Game Commission, all lands except those portions described as follows:
(1) That portion of Section 24, Township 13 South, Range 22 East, S.B.B.&M., lying east of the western line of Lot 2.
(2) The northeast quarter of the northwest quarter; the north half of the southeast quarter of the northwest quarter; the northwest quarter of the northeast quarter; the west half of the northeast quarter of the northeast quarter; the northeast quarter of the northeast quarter of the northeast quarter; the north half of the southwest quarter of the northeast quarter; and the northwest quarter of the southeast quarter of the northeast quarter of Section 25, Township 13 South, Range 22 East, S.B.B.&M.
(3) That portion of Section 19, Township 13 South, Range 23 East, S.B.B.&M., which lies west of the western line of Colorado Street as said street is shown on the map of the Town of Picacho filed April 24, 1897, in Book 1 of Maps, Page 2, Official Records of San Diego County.
At all other times than from the opening day of the dove hunting season through the closing day of duck or goose hunting season, as established by the State Fish and Game Commission, the area shall be closed to hunting to accommodate visitors and insure their safety. (See 14 ADM C. 501, and 502(a) (1).)
A map of the portions of the state recreation area opened to hunting shall be available at the state recreation area office for examination.
(b) Hunting. Auburn State Recreation Area.
Hunting is allowed with the following restrictions.
Location: No hunting is allowed at the following locations:
(1) All lands west of Highway 49.
(2) The main body of Lake Clementine and adjacent lands within 150 yards of the lake, and within 150 yards of any access road, building, campground, or marina.
(3) The Middle Fork of the American River and adjacent lands from the Highway 49 bridge upstream (east) to the upper end (inclusive) of the area known as Mammoth Bar.
(4) The North Fork of the American River and adjacent lands from the Highway 49 bridge upstream to Clementine Dam.
(5) All lands west of the intersection of the old and the new Auburn Foresthill roads.
(6) All areas leased for grazing.
Season: Hunting is only allowed during the regular hunting season established by the Fish and Game Commission between September 1 and January 31.
Species: Deer, California Quail, dove and Bandtail Pigeon and turkey.
Method: Only shotguns, rifles and bows and arrows may be used and only in compliance with all Fish & Game Commission Regulations.
A map of the portions of the state recreation area open to hunting shall be available at the state recreation area office for examination.
(c) Hunting, San Luis Reservoir State Recreation Area.
There is opened to hunting annually from the opening day of hunting season for ducks or geese, whichever is earlier, to and including the closing day of said season, whichever is later, as established by the State Fish and Game Commission all lands except those portions described as follows:
(1) In San Luis Reservoir:
(a) San Luis Dam structure.
(b) San Luis trash rack structure.
(c) That portion of land lying between the basalt access road and the San Luis Reservoir water line, from the south end of the dam to and including the basalt boat ramp.
(2) In O'Neill Forebay:
(a) California aqueduct structure from where it enters O'Neill Forebay to the Recreation Area boundary.
(b) O'Neill pumping plant structure.
(c) O'Neill dam structure.
(d) California aqueduct outlet from its mouth to the Recreation Area boundary.
(e) All the land in the Mederios area bounded b O'Neill Forebay and Highways 207 and 152.
(f) All land in the San Luis Creek area from a point on the waterline, 7,500 feet south of the north boundary of the Recreation Area: thence west to the west fence and projection of the fence line to O'Neill Forebay: thence easterly and northerly along the waterline to the point of beginning.
(3) In Los Banos Creek Reservoir area.
(a) Los Banos Dam structure and Vista Point.
(b) The two campground areas and the posted adjacent shoreline on the north side of the reservoir.
(4) In all areas for a distance of 300 feet beyond each and all of the above specifically described areas, but not extending beyond the State Recreation Area boundary.
At all other times than from the opening day of such duck or goose hunting seasons, whichever is earlier, to and including the closing day of said hunting season, whichever is later as established by the State Fish and Game Commission, the area shall be closed to hunting to accommodate visitors and ensure their safety. (See 14 Cal. Adm. Code Section 502(a)(1).)
A map of the portions of the state recreation area open to hunting shall be available at the State Recreation Area Office for examination.
(d) Hunting. Providence Mountains State Recreational Area.
There is opened to hunting within that portion described as follows:
That parcel of land located in Township 10 North, Range 14 East, of the San Bernardino Base Meridian, San Bernardino County, California, more particularly described as follows:
Beginning at the center west sixteenth corner in Section 8, thence in a southerly direction along the section line in Sections 8 and 17, thence to the center west sixteenth corner in Section 17, thence easterly along the quarter section line to the quarter corner common to Sections 16 and Section 17, thence northerly along the section line to the section corner common to Sections 8, 9, 16 and 17, thence easterly along the section line to the east-west sixty fourth center common to Sections 9 and 16, thence northerly along the sixty fourth section line 800 feet to a point, thence east 2,000 feet more or less to a road commonly known as the Old C and K Mine Road, thence in a generally easterly and southerly direction along said road 9,000 feet more or less to a fork in the road, thence along the southerly fork 600 feet more or less to the section line common to Sections 14 and 15, thence southerly along the section line approximately 1.7 miles to the quarter corner common to Sections 26 and 27, thence easterly in Section 26 along the quarter section line to the center-east sixteenth corner in Section 26, thence northerly along the sixteenth section line 2.5 miles more or less to the east sixteenth corner common to Sections 11 and 14, thence westerly 1.25 miles to the quarter corner common to Sections 10 and 15, thence northerly along the quarter section line to the center quarter corner of section 10, thence westerly approximately 2.5 miles along the quarter section line in Sections 10, 9, and 8, thence to the center-west sixteenth corner in Section 8, being the point of beginning of said parcel.
Excepting therefrom all lands that are not under the control of the Department.
(e) Hunting. Lake Oroville State Recreation Area.
There is opened to hunting annually, between September 15 and January 31 only, during the regular huntingseason, and during the spring turkey hunting season, as established by the State Fish and Game Commission, all lands except those portions described as follows: (continued)
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