1.01.01 Scope and Purpose
These regulations shall be known as “Santa Clara County Open Space Authority Access and Use Regulations”. These regulations are adopted to assure appropriate control, operation, use, protection and management of Santa Clara County Open Space Authority Land. [Return to Top]
1.01.02 Authority
Regulations enacted are authorized by Section 35156 of the Public Resources Code of the State of California.[Return to Top]
1.01.03 Definitions
(A) ”Authority” means the Santa Clara County Open Space Authority.
(B) ”Authority Land” means all lands, waters and other Facilities owned, maintained or otherwise managed by the Authority.
(C) ”Board” means the Board of Directors of the Authority.
(D) ”General Manager” means the General Manager of the Authority.
(E) ”Permit” means permission, granted in writing, by the General Manager or an authorized representative of the Authority.
(F) ”Person” means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves.[Return to Top]
2.01.01 Entering Authority Land
Any person entering upon Authority Land shall abide by any regulations adopted by the Authority, the laws of the State of California, the Santa Clara County Code, any applicable municipal codes, the regulations, prohibitions, directions or provisions of any sign or posted notice, the conditions of any permit, and the lawful order or other instruction of any Authority staff, contract police officer or peace officer. [Return to Top]
2.01.02 Employee And Officials of the Authority
The provisions of these Regulations shall not apply to employees and officials of the Authority acting within the scope of their authorized duties. However, Authority employees and officials shall abide by the laws of the State of California, the Santa Clara Code and any applicable municipal codes. [Return to Top]
2.01.03 Lessees, Contractors, and Consultants
All Authority lessees, independent contractors, and consultants shall abide by all provisions of these regulations unless authorized or necessary to fulfill a written contract or agreement with the Authority. However, lessees, independent contractors, and consultants shall at all times abide by the laws of the State of California, the Santa Clara Code, any applicable municipal codes, and the lawful order or other instructions of any Authority staff, contract police officer or peace officer. [Return to Top]
3.01.01 Violations of Regulations-Infraction
Any violations of these Regulations adopted by the Authority, is an infraction. [Return to Top]
3.01.02 Severability
If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of these Regulations is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remaining portions of these regulations. The Board declares that these Regulations, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end the provisions of these Regulations are hereby declared to be severable. [Return to Top]
3.01.03 Amendments or Repeal
When a section or Regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or Regulation had not been amended or repealed. [Return to Top]
4.01.01 Closed Areas and Natural Resource Protection Closure
No person shall enter, use, or occupy Authority Land declared as sensitive areas or habitats or wildlife protection areas or designated as closed, prohibited, or limited by the Board, General Manager or an authorized agent, except when authorized by a permit. [Return to Top]
4.01.02 Curfew
No person shall enter, use, occupy or park any vehicle on any Authority Land from sunset to sunrise, except when authorized by a permit. [Return to Top]
5.01.01 Plants
No person shall damage, injure, take, place, plant, collect, or remove any plant or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, shrubs, vines, grass, seeds, and down wood located on Authority Land, except when authorized by a permit. [Return to Top]
5.01.02 Geological Features
No person shall damage, take, collect, remove, or attempt to damage, take, collect, or remove earth, rocks, sand, gravel, fossils, minerals, or any item of geologic interest or value located on Authority Land, except when authorized by a person. [Return to Top]
5.01.03 Archaeological Features
No person shall damage, take, collect, remove, or attempt to damage, take, collect, ore remove earth, rocks, sand, gravel, fossils, minerals, or any item of archaeological interest or value located on Authority Land, except when authorized by a permit. [Return to Top]
5.01.04 Wildlife
No person shall harass, chase, harm, capture, kill, maim, or possess any wildlife including animals, birds, reptiles, amphibians, and fish on Authority Land, except when authorized by a permit issued by the Authority. [Return to Top]
5.01.05 Animal Removal and Releasing
No person shall remove from or release any wildlife or domesticated animal on Authority Land, except when authorized by a permit issued by the Authority. [Return to Top]
5.01.06 Destruction of Wildlife Habitat
No person shall alter, damage, destroy, remove or any way vandalize wildlife habitat features on Authority Land including but not limited to animal dens, burrows, dwellings, or nests. [Return to Top]
6.01.01 Fires
No person shall build, start, light or maintain any fire of any nature on any Authority Land. [Return to Top]
7.01.01 Firearms
No person shall possess, discharge, or use firearms, B-B guns, pellet guns or guns, cross bows, long bows, paintball guns or slingshots while on Authority Land, except when authorized by a permit. [Return to Top]
8.01.01 Use of Motorized Vehicles
No person shall operate any motorized vehicle on any Authority Land except on designated public roadways, except when authorized by a permit. [Return to Top]
9.01.01 Trail Use
All hikers, equestrians, and bicyclists must stay on trails and roadways designated for each uses. [Return to Top]
9.01.02 Right of Way
All persons operating vehicles or bicycles on Authority Land shall yield the right-of way to hikers and equestrians. Hikers shall yield the right-of-way to equestrians. [Return to Top]
9.01.03 Gates
All persons opening a gate shall securely close the same after passing through said gates. [Return to Top]
10.01.01 Dogs and other Animals
No person shall allow or have a dog or other animal on Authority Land except in those areas designated by the Authority. Guide and service dogs under physical control are exempt. [Return to Top] |
