Marin County Open Space District Code
Approved, Board of Directors
October 18, 1994
Title 1 General Provisions
Title 2 Land Use Regulations
Title 1 General Provisions
Chapters: 1.01 General
Chapter 1.01 General
1.01.010 Scope of This
1.01.010 Scope of This Code.
This document shall be known as "Marin County Open Space District Code"
and may be referred to as such. This code shall apply to management and
administration of Marin County Open Space District, including use and protection
of lands owned, maintained or otherwise managed by the District.
1.01.050 General Regulations
of Public Nuisances
1.01.080 Public Roadway
1.01.020 Purpose. This code is
adopted to assure appropriate management and administration of Marin County
Open Space District, as well as to assure stewardship and protection of
lands owned or managed by Marin County Open Space District in a form consistent
with criteria set forth in the Districtís "Open Space Land Management Policy"
and "Open Space Acquisition and Preservation Policy."
1.01.030 Authority. The rules
and regulations enacted in this code are authorized by Article 3, Division
5, Section 5500 et seq. of the Public Resources Code of the State of California.
a) District as referred to in this code means the Marin County
Open Space District, and includes all lands, waters and other facilities
owned, maintained or otherwise managed by the Marin County Open Space District.
b) Open Space as referred to in this code means an area of natural
landscape essentially undeveloped, such as ridges, streams, hillsides,
canyons, natural shorelines, marshes, scenic buffer areas and areas of
agricultural land owned, maintained or otherwise managed by the Marin County
Open Space District.
c) Board means the Board of Directors of Marin County Open Space
d) General Manager means the General Manager of Marin County
Open Space District.
e) Permission as referred to in this code means written permission
granted by an authorized representative of the Marin County Open Space
f) Person as referred to in this code means any natural person,
firm, corporation, club, municipality, district or public agency, and all
associations or combinations of persons whenever acting for themselves
or any agent, servant or employee.
1.01.050 General Regulations.
From time-to-time, the board may promulgate rules and regulations pertaining
to the District and, by resolution, adopt an "Open Space Land Management
Policy." All persons entering upon District lands shall comply with applicable
Federal, State, County, District and local laws and regulations. It shall
be the duty of the General Manager to publish, post and enforce all such
regularly adopted rules and regulations.
1.01.060 Severability. The
provisions of the ordinance are hereby declared to be severable. If any
chapter, section, sub-section, paragraph, subparagraph, sentence, or clause
of this code is for any reason held to be invalid or unconstitutional,
the Board of Directors declares that this code, including each chapter,
section, sub-section, paragraph, sentence and clause, would have been adopted
regardless of any findings of invalidity or unconstitutionality.
of Public Nuisances. The Board hereby establishes the following procedures
for abatement of public nuisances on public open space lands:
a) Upon determination that a public nuisance exists upon lands owned,
maintained or otherwise managed by the Marin County Open Space District
within the County of Marin, the Board of Directors shall request that the
Board of Supervisors of the County of Marin abate the nuisance pursuant
to the Marin County Code.
The provisions of this Section shall be applicable to any nuisance existing
on District lands as defined by any ordinance of the District, resolution
of the Board or statutes of the State of California. A public nuisance
shall further include any unauthorized obstruction, structure, monument,
facility, physical improvement or encroachment for which the owners are
known and identified. Any unauthorized obstruction, structure, monument,
facility, physical improvement or encroachment which is in the process
of being installed or for which the owners are unknown shall be treated
as outlined in section 2.02.140 of this code and shall be subject to removal
without abatement proceedings.
Roadway Establishment. No public roadways shall be established for
regular and continuous vehicle use across District lands. If roadways are
deemed necessary, their establishment shall require transfer of the Districtís
interest in roadway-related lands from open space purposes. Such transfer
is subject to the provisions of the California Public Resources Code.
Title 2 Land Use Regulations
Chapter 2.01 General
2.02 Visitor Conduct
2.03 Resource Protection
and Traffic Regulations
2.05 Domestic Animal
2.06 Fire Regulations
2.01.010 Scope of This
2.01.010 Scope of This Title.
The rules and regulations contained herein shall be known as "Regulations
for Use of Marin County Open Space District Lands" or as "land use regulations"
and may be referred to as such. Except as otherwise provided, this title
shall apply to all lands owned, maintained or otherwise managed by the
Marin County Open Space District.
2.01.030 Lands Open to
2.01.040 Closure of District
2.01.050 Permits and Fees
2.01.070 Separate Offenses
2.01.020 Enforcement. Any
District employee or designee shall have the authority to enforce these
regulations and to eject any person acting in violation of these regulations
from District lands or otherwise revoke their permit to use District lands.
2.01.030 Lands Open
to the Public. District lands are open to the public for use in accordance
with the provisions of these regulations. Persons using District lands
shall comply with all applicable Federal, State, County, District and local
laws and regulations.
of District Lands. All or any portion of District lands may be closed
to the public or have public uses restricted during an emergency or for
health, safety, maintenance or open space management purposes.
2.01.050 Permits and Fees.
The District may issue permits and may charge fees for special use of District
lands. Charges for permits shall be determined by the Board from time-to-time,
and may include land use fees and charges for expenses incurred by the
District, such as labor, equipment costs, overhead, etc. Permits are not
transferable and may be revoked for failure to comply with any provision
of the permit or applicable portions of these regulations. Permits must
be carried while on District lands and shown upon request to District personnel
or otherwise displayed as directed.
and Infractions. Violation of the following regulations is a misdemeanor:
a) Section 2.02.020, remaining on or reentering District lands after
consent has been withdrawn;
b) Section 2.02.030, damaging District property;
c) Section 2.02.050, misconduct of minor children;
d) Section 2.02.060, camping without a permit;
e) Sections 2.02.080(e), 2.02.080(f) and 2.02.080(g), games and miscellaneous
f) Section 2.02.090, use, possession or discharge of firearms, traps
and other weapons;
g) Section 2.02.100, noise disturbance;
h) Section 2.02.110(d), depositing waste water, sewage or effluent;
i) Section 2.02.130, dumping of garbage, refuse and trash;
j) Section 2.02.140, structures and encroachments;
k) Section 2.02.160, commercial activities;
l) Section 2.02.170, disorderly conduct;
m) Section 2.02.180, introduction of organisms;
n) Sections 2.03.010, 2.03.020, 2.03.030, 2.03.040, and 2.03.050, damaging
o) Section 2.04.010, use of motor vehicles;
p) Section 2.06.010, creation of fire hazards, and Section 2.06.020,
use, possession or discharge of fireworks;
q) continuing to use District lands in an illegal manner once a District
employee, designee or law enforcement official has directed that such activity
Violation of any land use regulation not mentioned in this section is
2.01.070 Separate Offenses.
Any violation of these regulations occurring on more than one calendar
day shall constitute a separate offense.
2.01.080 Impoundment. The
District may impound any animal, property or equipment found to be in violation
of these regulations. Items shall be disposed of in accordance with Section
5561.5 of the California Public Resources Code and adopted procedures.
2.01.090 Exemptions. These
regulations shall not apply to employees and agents of the District or
the County of Marin engaged in and acting within the scope of their authorized
duties and responsibilities. The District, at its sole discretion, may
grant written exemption to all or any portion of these land use regulations
by temporary or special permit, contract or lease; however, exemptions
shall be limited to uses consistent with the Districtís "Open Space Land
Management Policy" and the purpose of this code and shall not violate any
Federal, State or County law.
Chapter 2.02 Visitor Conduct
Compliance with All Laws, Regulations and Signs
Compliance with All Laws, Regulations and Signs. No person while
on District lands shall violate or fail to comply with any provision of
Federal, State, County or District laws, regulations or posted signs.
2.02.020 Use Restrictions
2.02.030 Care of
Property and Facilities
2.02.040 Group Use
for Misconduct of Minors
2.02.070 Running and Jogging
and Miscellaneous Activities
Traps and Other Weapons
2.02.100 Noise and Audio
2.02.130 Garbage, Refuse
Unauthorized Structures, Encroachments and Signs
and Unattended Property
2.02.160 Commercial Activity
2.02.170 Disorderly Conduct
2.02.020 Use Restrictions.
No person shall enter any area of District lands closed to the public,
nor use any area of District lands for an unauthorized purpose. No person
shall remain on or reenter District lands after a District employee or
law enforcement official has specifically withdrawn consent to use such
of Property and Facilities. No person shall damage, deface, tamper
with or remove any District property or facilities, including buildings,
signs, gates, fences, equipment, markers, trash receptacles, paving material,
utilities or water lines.
2.02.040 Group Use. No group,
school, club or similar organization, whether formally organized or not,
shall hold or conduct any activity on District lands with 20 or more participants
without prior written approval of the District. Group use of District lands
is subject to prior reservations, conditions and charges.
Responsibility for Conduct of Minors. Parents and guardians shall
be responsible for the conduct of their minor children and shall not permit
such minor children to do any act on District lands prohibited by these
2.02.060 Camping. No person shall
camp overnight or shall possess camping gear within District lands except
by written permission from the District. Camping gear includes sleeping
bags, tents, or other articles associated with overnight camping.
2.02.070 Running and Jogging.
No school, club or other organization shall hold running, jogging or cross-country
meets, events or practice sessions on District lands without prior written
approval of the District. No person shall run or jog in such a way as to
endanger hikers, equestrians, bicyclists or others using District lands.
and Miscellaneous Activities. No person shall engage in games or other
activities which interfere with others using District lands or which endanger
property, public safety or environmental resources. Non-permitted activities
a) participating in volleyball, baseball, softball, soccer, football
and other similar organized sports;
b) participating in bicycle races;
c) hitting golf balls;
d) operating self-propelled model airplanes, boats, automobiles or other
e) throwing, releasing or discharging missiles, rockets, stones, paintballs
or other similar projectiles;
f) Hang-gliding, paragliding or parachuting;
g) operating or landing aircraft of any nature;
h) participating in any activity or operating any device in such fashion
which interferes with others using District lands or endangers property,
public safety or environmental resources.
Traps and Other Weapons. No person shall possess, use, carry, discharge
or cause to be discharged any gun, firearm or weapon while on District
lands, including any air or gas weapon, spring gun, spear, bow and arrow,
crossbow, sling shot, animal trap, knife with blade over 5 inches long,
explosive or any other form of weapon potentially dangerous to wildlife
or human safety. No person shall discharge or cause to be discharged any
firearm or weapon onto or across District lands from outside the boundary
of District lands.
2.02.100 Noise and
Audio Devices. No person while on District lands shall make or cause
to be made any loud, unnecessary or unusual noise which disturbs the peace
and quiet within any area within the District or which causes discomfort
or annoyance to any reasonable person of normal sensitivity utilizing any
facility of the District. No person shall operate or possess any public
address system, amplified musical instrument or other noise-producing or
transmitting device on District lands.
2.02.110 Sanitation. No person
using District lands shall do any of the following:
a) urinate or defecate, or permit dogs or other domestic animals, including
horses, to urinate or defecate, within 50 feet of any entrance to District
lands, nor within 100 feet of any water source, including wells, creeks
b) urinate or defecate in public view;
c) fail to bury human waste to a minimum depth of six inches;
d) deposit waste water, sewage or effluent from sinks, portable toilets
or other fixtures onto District lands or within reservoirs, lakes, streams,
waterways or other bodies of water owned, maintained or otherwise managed
by the District.
2.02.120 Littering. No person
shall throw, drop, place, deposit or sweep any object, including, but not
limited to, paper, food scraps, bottles, bottle caps, cans, fish or fish
parts, soil or rocks onto District lands or into District reservoirs, lakes,
streams and waterways, except in trash receptacles. Where trash receptacles
are not provided or are full, all such matter shall be carried away from
the District lands by the person responsible for its presence and properly
disposed of elsewhere.
Refuse and Trash. No person shall bring garbage, refuse, trash or yard
clippings onto District lands, nor dump or deposit such garbage, refuse,
trash or yard clippings on District lands.
Unauthorized Structures, Encroachments and Signs. No person shall
erect any temporary or permanent obstruction, structure, monument, facility,
physical improvement or encroachment on District lands. With the exception
of those structures deemed to be public nuisances and addressed in section
1.01.070 of this code, any such structure may be demolished by the District
and its contents impounded.
and Unattended Property. No person shall abandon or leave unattended
or without permission any personal property or device on District lands
for a period longer than 12 hours. Any property or device so abandoned
or unattended may be impounded and disposed of in accordance with Section
5561.5 of the California Public Resources Code and adopted procedures.
Activities. No person shall do any of the following on District lands;
a) sell, hawk, or otherwise peddle any goods, merchandise or services;
b) station or place any stand, cart or vehicle for display of goods,
merchandise or services;
c) distribute, circulate or post any handbill, pamphlet or other advertisement
regarding sale of goods, merchandise or services;
d) conduct any commercial photography or activity related to commercial
photography except by written permission from the District;
e) conduct any activity of a commercial nature except by written permission
from the District.
2.02.170 Disorderly Conduct.
No person shall do any of the following on District lands:
a) harass or otherwise disturb others using District land;
b) accost another person for the purpose of begging or soliciting;
c) be under the influence of intoxicating liquor or dangerous drugs
in such a condition that the individual is unable to exercise care for
their own safety or the safety of others;
d) engage in loud or disturbing conduct or any act tending to a breach
of the peace.
In addition, no person shall do anything defined as "Disorderly Conduct"
as outlined in Section 647 of the California Penal Code.
of Organisms. No person shall introduce, cause to be introduced or
otherwise disperse on District lands any organism, living or dead, including
native or non-native plants, animals, fish, insects or bacteria.
Chapter 2.03 Resource
2.03.010 Water Resources
2.03.010 Water Resources.
No person shall do any of the following while on District lands:
2.03.020 Botanical Resources
and Animal Resources
2.03.040 Geological Resources
Archeological and Historical Resources
a) pollute or in any manner contaminate any reservoir, lake, stream,
waterway or other body of water;
b) possess or apply any pesticide, herbicide, fungicide or other poison.
2.03.020 Botanical Resources.
No person shall damage, injure, collect, eat or remove any plant, tree
or other type of vegetation, whether living or dead, including, but not
limited to, flowers, mushrooms, bushes, vines, grass, turf, cones, or wood
located on District lands, except as follows:
a) persons may take up to two quarts of edible berries per day for personal
and Animal Resources. No person shall hunt, molest, disturb, injure,
trap, take, net, poison, harm or kill any kind of animal or the eggs of
any animal, whether living or dead, nor remove, destroy or in any manner
disturb the natural habitat of any animal on District lands. Fishing or
taking of fish is permitted as regulated by the California Fish and Game
2.03.040 Geological Resources.
No person shall damage, injure, collect, remove or disturb soil, earth,
rocks, sand, gravel, fossils, minerals, features in caves, or any articles
or artifact of geological interest or value located on District lands.
Archeological and Historical Resources. No person shall damage,
injure, collect, remove or disturb any object of paleontological, archeological
or historical interest or value located on District lands.
2.04 Vehicle and Traffic Regulations
2.04.010 Motor Vehicles
2.04.010 Motor Vehicles.
No person shall operate or possess any motor vehicle or motor driven vehicle,
including, but not limited to cars, trucks, motorcycles, motorbikes or
similar vehicles on District lands. For the purposes of this section, battery-powered
wheelchairs, emergency vehicles and County or District maintenance vehicles
2.04.040 Speed Limits
2.04.060 Parking and Vehicle Removal
2.04.070 California Vehicle code
2.04.020 Bicycles. No person
shall operate any bicycle or similar vehicle on District lands except upon
fire protection roads, designated bicycle pathways or public roads not
signed against such use. Furthermore, no person shall operate or possess
any bicycle or similar vehicle elsewhere on District lands, including trails,
unless signed specifically to permit such possession.
All persons operating a bicycle on District lands during hours of darkness
shall carry and use a lamp which emits a white light visible from a distance
of 300 feet.
2.04.030 Boats. No person shall
place, operate or possess any motorized vessels, including boats, rafts,
or similar watercraft, in reservoirs, lakes, streams, waterways or other
bodies of water owned, maintained or otherwise managed by the District,
except on bay and tidal waterways, subject to applicable State and local
laws. Personal watercraft (jet skis, wave runners, etc.) are not permitted
in any bodies of water owned, maintained or otherwise managed by the District.
2.04.040 Speed Limits. No
person shall operate any land vehicle, including bicycles, at speeds in
excess of 15 miles per hour unless otherwise posted. Bicycles and similar
vehicles shall slow to 5 miles per hour when passing others or approaching
blind turns. No person shall operate any watercraft or other vessel in
excess of 5 miles per hour. No vehicle, including bicycles, shall be operated
at a speed greater than is reasonable for safe operation, nor in any manner
which may endanger the safety of others or the protection of environmental
2.04.050 Right-of-Way. All
persons operating vehicles on District lands, including bicycles, shall
yield the right-of-way to hikers and equestrians. Hikers shall yield the
right-of-way to equestrians. District and emergency vehicles have the right-of-way
on District lands at all times.
and Vehicle Removal. No person shall park, leave, abandon, possess
or otherwise store any vehicle on District lands, except in locations designated
by the District. Vehicles used in violation of any provision of this code
may be impounded and stored at the owners expense.
Vehicle Code. Except as otherwise provided in these regulations, the
provisions of the California Vehicle Code shall be applicable to the operation
of vehicles on District lands.
Domestic Animal Regulations
2.05.010 Dogs and
2.05.010 Dogs and Other
Animals. Dogs and other domestic animals are allowed on District lands
when under the direct and immediate control of a responsible person. Except
on protection roads or areas designated otherwise, dogs and other domestic
animals must be fastened to and restrained by a chain or leash not exceeding
six feet in length. No person shall do any of the following on District
2.05.020 Horses and Saddle
2.05.030 Animals at Large
a) allow any dog or other domestic animal to enter environmentally sensitive
or restricted areas of District lands;
b) allow any dog or other domestic animal to interfere with, bother
or disturb others using District lands;
c) allow any dog or other domestic animal to hunt, pursue or harass
other animals or wildlife;
d) bring or keep a noisy, vicious or dangerous dog or other animal;
e) bring or keep a dog 4 months of age or more without proof that the
dog has a valid rabies inoculation or a valid license;
f) fail to promptly remove from District lands any dog or other domestic
animal after being ordered by District personnel to do so.
Persons bringing dogs or other domestic animals onto District lands
shall carry a chain or leash not exceeding 6 feet in length and shall be
prepared to restrain their animals, if necessary.
and Saddle Animals. Horses and saddle animals are permitted on District
lands, only on trails, fire protection roads and other areas not signed
against such use. No person shall do any of the following on District lands:
a) ride, drive, lead or keep any horse or saddle animal at such speed
or in such manner which may endanger the safety of others using District
lands, other animals or the protection of environmental resources;
b) allow any horse or saddle animal to stand unattended or insecurely
c) permit any horse or saddle animal to swim in any reservoir, lake,
stream or waterway.
2.05.030 Animals at Large.
No person shall do any of the following on District lands:
a) permit any cattle, sheep, goat, horse, dog, cat or other animal to
graze or run at large;
b) abandon a dog, cat, fish, fowl or other animal on District lands.
2.05.040 Gates. All persons opening
a gate shall securely close the same after passing through it.
Chapter 2.06 Fire Regulations
2.06.010 Fires. No person shall build,
light or maintain any open or outdoor fires, including barbecues, camp
stoves, gas lanterns, etc., within District lands. In addition, no person
shall possess such items, nor similar items, while on District lands.
2.06.020 Fireworks. No person
shall possess, bring onto, set off or otherwise cause to explode on District
lands any firecrackers, skyrockets or other fireworks or explosives.
2.06.030 Smoking. No person shall
smoke on District lands from April 1 through November 30 of each calendar
year, nor during periods of high fire danger, as determined by the District.
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