An Ordinance of the County of Orange, California, Amending Divisions 2 and 5 of Title 2

Attachment A

ORDINANCE NO. ______

AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA, AMENDING DIVISIONS 2 AND 5 OF TITLE 2 AND SECTIONS 2-2-1, 2-2-2, 2-2-16, 2-2-19, 2-2-31, 2-5-2, 2-5-30, 2-5-126, 2-5-127, 2-5-300 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE TO REFLECT PROPER TITLES AND REFERENCES TO ORANGE COUNTY PARKS AND ITS DIRECTOR AND TO DELETE REFERENCES TO OBSOLETE AGENCIES.

The Board of Supervisors of the County of Orange ordains as follows:

SECTION 1. The title of Division 2 of Title 2 of the Codified Ordinances of the County of Orange is hereby amended to read as follows:

ORANGE COUNTY PARKS-HARBOR

SECTION 2. The title of Article 2 of Division 2 of Title 2 of the Codified Ordinances of the County of Orange is hereby amended to read as follows:

ORANGE COUNTY PARKS COMMIISSION

SECTION 3. The title of Article 2 of Division 2 of Title 2 of the Codified Ordinances of the County of Orange is hereby amended to read as follows:

ORANGE COUNTY PARKS-ADMINISTRATION

SECTION 4. Sections 2-2-1, 2-2-2, 2-2-16, 2-2-19, 2-2-31, 2-5-2, 2-5-30, 2-5-126, 2-5- 127, 2-5-300 of the Codified Ordinances of the County of Orange are hereby amended to read as follows:

Sec. 2-2-1. Scope and administration.

(a) The provisions of this division are enacted by the Board of Supervisors of the County of Orange. They shall apply to the Orange County harbors, beaches, parks, and recreational areas and to all areas within its jurisdiction including, but not limited to, Newport, Sunset and Dana Point Harbors. They shall govern all parts of such harbors or areas to which the codified ordinances of the County of Orange are applicable, including those incorporated into any city, as hereinafter provided; provided, however, that any of the provisions of articles 4, 8, 9, 11 and 12, except as otherwise expressly provided shall be inapplicable to incorporated areas if the ordinances of the city shall regulate the same activities or provide for the determination by the city or any of its officers of some matter otherwise to be determined under those articles by the County or their officers.

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(b) The County of Orange, its harbors, beaches, parks and recreational areas and other areas within its jurisdiction and the provisions of this division shall be administered so as to afford maximum benefit to the inhabitants of the County and the general public.

(c) The responsibility for the administration of the provisions of this division is delegated to the Director of Orange County Parks or his/her designee. In addition, where part or all of a harbor or area is within a city, the Director or designee shall administer such city ordinances as may be provided by agreement with the city, and shall not be responsible for administration of such County ordinances as may be provided by agreement to be administered by the city. Sec. 2-2-2. Definitions.

For the purposes of this division, the words and phrases herein defined shall, unless the context clearly indicates otherwise, have the meanings herein set forth:

Anchorage area means any portion of a harbor which has been so designated pursuant to law and approved by the Federal Government.

Board means the Board of Supervisors of the County of Orange.

County means the County of Orange.

CSA 26: Orange County Parks County Service Area No. 26 is an administrative unit of the County of Orange, established by the county as the successor to the Harbors, Beaches and Parks District as the repository for County of Orange funding, real property and all other assets owned, operated and managed regional park, beach and recreational areas. Director means the Director of Orange County Parks. Guest dock means docking facility available to transient boaters for overnight or prescribed time of stay as established by Board of Supervisors Resolution. Written permit and payment of fees required. Harbor Commission or Commission means the Orange County Parks Commission. Harbor lines refer to bulkhead lines, pierhead lines and project lines. The bulkhead line is a line defining the channelward limits to which solid fill structures may be built. The pierhead line defines the channelward limit to which open pile and floating structures may be built. The project line defines the line to which the design depth of channel is maintained. Mooring means any appliance used to secure a vessel other than to a pier which is not carried aboard such vessel as regular equipment when underway. Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any Federal

Revised Titles and References to Orange County Parks 2 of 8 June 22, 2010 Page 2 of 8 Attachment A agency successor thereto. Newport Harbor and Sunset Harbor shall be deemed coextensive with Newport Bay and Sunset Bay, respectively, and the terms deemed interchangeable. Pier means any fixed or floating structure for securing vessels, loading or unloading persons or property or providing access to the water, and includes wharf, dock, float or any other landing facility. Turning basin means that portion of any channel which has been so designated pursuant to law and approved by the Federal Government, for the purpose of permitting vessels to turn around or permitting their course or direction to be altered therein. Vessel includes every description of watercraft used or capable of being used as a means of transportation on water, except the following: (1) A seaplane on the water; (2) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by means of a mechanical device on a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled or by means of a mechanical device attached to the watercraft itself. Waters of a harbor means all waters in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise and whether or not the lands lying under said tidal water are privately or publicly owned. Sec. 2-2-16. Compensation and expenses. Each member of the Commission shall receive compensation of seventy-five dollars ($75.00) for each Commission meeting attended and for attendance at each meeting of a standing or ad hoc committee when appointed by the commission as the commission's representative, not to exceed a total of two (2) meetings in any calendar month. The Commissioner shall be entitled to traveling expenses to and from his/her usual place of residence to the place of meeting of the Commission, and for other Commission business under the procedure for and at the mileage rate allowed County-employee units covered under the Personnel and Salary Resolution. Sec. 2-2-19. Powers and duties. Except as otherwise provided, the Orange County Parks Commission shall be advisory to the Board of Supervisors and to the Director of Orange County Parks, and shall have the power and duty: (1) To recommend to the Board of Supervisors plans and policies for the acquisition, development, maintenance and operation of the harbors, beaches, parks and recreational areas of the County; (2) On request of the Board of Supervisors, to advise the Board and make

Revised Titles and References to Orange County Parks 3 of 8 June 22, 2010 Page 3 of 8 Attachment A recommendations on any matter pertaining to harbors, beaches, parks, and recreational areas and any other matters referred by the Board concerning open space, trails, community and neighborhood parks and recreational activities; (3) On request of the Director, to advise him/her on any question of administrative policy and regarding any matter to be decided by the Director under this division; (4) On appeal from an administrative decision by the Director, to act as a board of administrative review where so provided in this division; (5) To make such investigations as it may deem necessary in the exercise of the powers in this section enumerated; (6) To perform the duties and functions of the Fish and Game Commission assigned by either statute or this Code and shall consider methods for the propagation and protection of fish and game in the State of California and County of Orange. Sec. 2-2-31. Powers and duties of Director. Subject to policy determinations of the Board, the Director shall have the power and duty: (1) To plan, organize, direct and control the work as it pertains to the development, maintenance, control and operation of the County's regional harbors, waterways, parks, beaches, and recreational areas; (2) To formulate and direct the implementation of operating policies with the advice of the Commission; (3) To assist the Commission in making investigations and preparing its recommendations; (4) To prepare and administer the Orange County Parks CSA 26 budget and the Newport Tidelands and Dana Point Tidelands budgets; (5) To hire and evaluate the work of personnel assigned to County regional harbors, beaches, parks, and recreational areas. (6) To plan and evaluate the development and acquisition of properties and beaches funded by CSA 26, advising the Board of Supervisors and Commission in these matters; (7) To represent the County before governmental and private agencies affecting the interests of the County as to regional harbors, beaches, parks, and recreational areas; (8) To enforce the laws, ordinances, traffic and safety regulations covering usage of County harbors, waterways, beaches, parks, and recreational areas. The powers and duties of the Director set forth in this section 2-2-31 and elsewhere in this division, and each of said duties, unless otherwise expressly provided, may be performed by the Director, or by any other designated County employee, agent or independent contractor Revised Titles and References to Orange County Parks 4 of 8 June 22, 2010 Page 4 of 8 Attachment A directed or authorized by the Director or the Board to exercise any of said powers or perform any of said duties. Sec. 2-5-2. Definitions. For the purposes of this division the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates to the contrary: Alcoholic beverage: Alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one (0.5) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. Beach: All public land owned by the County of Orange with frontage on the Pacific Ocean or any arm thereof including beaches located within a harbor designed primarily to provide swimming, boating, fishing and other waterfront activities. Boat: A watercraft used or capable of being used as a means of transportation on or through the water, including but not limited to sailboats, rowboats, powerboats, canoes, kayaks, floatation tubes, rafts, floats, personal watercraft, or similar conveyance. Camp: To pitch or occupy camp facilities; to use camp paraphernalia. Camp facilities: Include but are not limited to, tents, huts or temporary shelters. Camp paraphernalia: Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-County designated cooking facilities and similar equipment. Commission: The Orange County Parks Commission. County: The County of Orange. CSA No. 26: Orange County Parks County Service Area No. 26 is an administrative unit of the County of Orange, established by the County as the successor to the Harbors, Beaches and Parks District as the repository for funding, real property and all other assets for all County of Orange owned, operated and managed regional parks, beaches and recreational areas. Designated parking areas: Striped parking stalls, spaces or areas and designated decomposed granite, dirt or gravel areas. Director: The Director of Orange County Parks. Eviction: Revocation of users permit, harbors, beaches and parks reservations, guest docks and moorings and expulsion from facility. Group: An organization, club, team, class, association or other formal or informal gathering of persons. Orange County Parks Permit: A permit issued by Orange County Parks for designated activities that occur on County Park property, as defined below. Pacific Ocean: All waters of the Pacific Ocean or any arm thereof in which the tide ebbs Revised Titles and References to Orange County Parks 5 of 8 June 22, 2010 Page 5 of 8 Attachment A and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute or court action or otherwise and whether or not the lands lying under said tidal waters are privately or publicly owned. Park: Every park, beach, nature preserve, riding and hiking trail, County Service Area greenbelt, County Service Area recreational facility and every other public recreation facility or recreational property right (e.g., irrevocable offer of dedication) owned, managed or controlled by the County of Orange. Park waters: Any lake, reservoir, pond, wetland, river, stream, creek, wash, vernal pool or other perennial or seasonal body of water within or flowing through a park, beach or recreational area. Person: Every person, firm, corporation, partnership, joint venture, association, social club, fraternal organization, or any other group or combination acting as a unit. Personal property: Includes, but is not limited to, camp facilities and camp paraphernalia. Recreational area: All parks, historical parks or sites, park waters, beaches and waters of the Pacific Ocean as herein defined. Store: To put aside or accumulate for use when needed, to put for safe keeping, to place or leave in a location. Wildlife: Any terrestrial, aquatic or marine mammal, bird, reptile, amphibian, fish, mollusk, arthropod or any other vertebrate or invertebrate member of the animal kingdom, including a part, product, egg or offspring thereof. Sec. 2-5-30. Skateboards, roller skates and in-line skates. (a) Skateboards. No person shall ride a skateboard, including but not limited to scooters and mountain skateboards, or similar conveyances propelled by human power other than a bicycle or cause or permit same to roll or coast in any park, beach, or recreational area except in areas designated and under conditions established by the Director. (b) Roller Skates and In-Line Skates. No person shall ride roller skates, in-line skates, or similar conveyances propelled by human power other than a bicycle or cause or permit it to roll or coast in any park, beach, or recreational area where the Director has posted signs to prohibit such activity. No person shall ride roller skates, in-line skates, or similar conveyances on any unpaved trail in a park, beach or recreational area except in areas designated and under conditions established by the Director. Sec. 2-5-126. Definitions. For the purpose of this article the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates the contrary. (a) The terms "advertise" and any of its variants, and "advertising display" means the

Revised Titles and References to Orange County Parks 6 of 8 June 22, 2010 Page 6 of 8 Attachment A presentation on a sign of a name, word, statement message, drawing, picture, painting, mark, motto, symbol or figure for the purpose of calling attention to a business engaged in commerce or trade and/or inducing, directly or indirectly, the purchase or use of any specific item of commerce or trade. (b) The term "bulletin or special event sign" means a changeable copy sign on which bulletins, notices, messages or displays are placed. (c) The term "directional and/or informational sign" means a sign which indicates the route to, direction of, or location of a given goal, or which provides regulatory service information. (d) The term "free standing sign" means a sign which is placed on the ground and has as its primary structural support one (1) or more columns, poles, uprights or braces in or upon the ground. (e) The term "sign" means any card, cloth, paper, metal, painted or wooden sign of any character, other than an advertising structure as defined in the California Outdoor Advertising Act, placed for advertising purposes on or to the ground on any wall, fence, building or structure or any item of goods, wares, or merchandise. (f) Use of the verb "to place" and any of its variants, as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, sewing, gluing, sticking, carving or otherwise affixing or making visible any advertising display. (g) An advertising display secured to a wall, fence, building or structure shall be installed on the same lane as the surface to which it is attached, shall not project more than sixteen (16) inches from the surface, and shall not extend or be mounted above the top of the wall or fence or the higher or the parapet or eaves of the building or structure. (h) The location of an advertising display on an interior wall of a building shall be approved by the Director or designee prior to its placement. (i) An advertising display may only be placed on a free standing sign that serves the primary purpose of providing a public service, such as a bulletin or special event or a directional and/or informational sign. (j) An advertising display may be placed on the uniform prescribed by the Director or designee to be worn by personnel of the department, so long as it does not obstruct any County badge or emblem affixed to the uniform. No advertising display shall be permitted on park ranger or other peace officer uniforms. (k) An advertising display may be placed on free standing assets such as lifeguard towers, picnic shelters, gazebos, mechanical pay parking fixtures, and trash cans with approval by the Director or designee prior to placement Sec. 2-5-127. Marketing plan—Annual review.

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(a) Prior to the sale of any rights under this Article: (1) the Director shall develop a marketing plan which complies with the requirements of Government Code Section 26110(a)(1) for consideration by the Board of Supervisors, and (2) the Board of Supervisors shall thereafter adopt an Orange County Parks marketing plan or an alternative marketing plan by resolution. (b) The Director shall annually review the approved marketing plan and the performance of contracts issued under this Article. The Director shall draft written findings of the annual review which shall be adopted by the Board with or without modification. Sec. 2-5-300. Deed Restriction.

(a) A declaration of restrictions shall be recorded against regional recreation parcels of land owned in fee title by the County that are adjacent to and contiguous with regional harbors, beaches or parks facilities as shown on the County Master Plan of Regional Recreation Facilities and as mapped by the County Surveyor (excluding state tidelands and parcels of ten (10) acres or less in heavily urbanized inland areas). This section shall only apply to said properties, which are not so restricted by deed as of the date of enactment of this article. The recorded declaration shall be prepared by the Director with approval by County Counsel and shall contain language requiring that said land(s) be used for park purposes, including supporting infrastructure, in perpetuity. (b) A declaration of restrictions shall be recorded against regional recreation parcels of land acquired after the date of enactment of this article by the County, which are (i) owned in fee title and are adjacent and contiguous with existing regional harbors, beaches or parks facilities as shown on the County Master Plan of Regional Recreation Facilities and as mapped by the County Surveyor, (excluding state tidelands and parcels of 10 acres or less in heavily urbanized inland areas) or (ii) within the boundaries of said regional harbors, beaches or parks facilities as shown on the County Master Plan of Regional Recreation Facilities and as such boundaries are maintained by the County Surveyor. The recorded declaration shall be prepared by the Director with approval by County Counsel and shall contain language requiring that said land(s) be used for park purposes, including supporting infrastructure, in perpetuity.

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