reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5542.5.

5542.5. (a) Notwithstanding any other provision of law to the contrary, and except as provided in subdivision (b), when property, whether owned in fee or lesser title interest, leased, or operated under a license, management agreement, or otherwise, is appropriated or otherwise acquired for public use as a regional park or regional open space or both operated by a district, there is a rebuttable presumption of its having been appropriated or otherwise acquired for the best and most necessary public use. The presumption established by this subdivision is a presumption affecting the burden of proof.
(b) When such property is sought to be acquired for city or county road, street, or highway purposes, and such property was dedicated to or established for park, recreational, or open-space purposes prior to the initiation of road, street, or highway route location studies, an action for declaratory relief may be brought by the district in the superior court to determine the question of which public use is the best and most necessary public use for such property. Such action for declaratory relief shall be filed and served within 120 days after publication by the city or county, as the case may be, in a newspaper of general circulation pursuant to Section 6061 of the Government Code, and delivery of a written notice to the district by the city or county that a proposed route or site or an adopted route includes such property. Such action for declaratory relief shall have preference over all other civil actions in the matter of setting the same for hearing or trial to the end that any such action shall be quickly heard and determined. If an action for declaratory relief is not filed and served within such 120-day period, the right to bring such action is waived and the provisions of subdivision (a) shall not apply. When a declaratory relief action with respect to such property being sought for city or county road, street, or highway purposes may not be brought pursuant to this section, the provisions of subdivision (a) shall not apply.
(Amended by Stats. 1975, Ch. 813.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5544.

5544. A district may borrow money, incur indebtedness, and issue bonds or other evidences of such indebtedness, but it shall not incur any funded indebtedness except in accordance with the provisions of section 5568 of this article.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5544.1.

5544.1. Notwithstanding any other provisions of this article, the board may borrow money by the issuance of promissory notes or other evidences of indebtedness in an amount, or of a value, not exceeding, in the aggregate at any one time, the greater of 5 percent of the total of the district’s general fund and development fund budgets for the year in which the loan is made, or the sum of five hundred thousand dollars ($500,000), to be used for any revenue-producing purpose for which the district may expend funds.
A district shall not exercise the borrowing authority conferred by this section if the district, at any time during the previous two years, has not met the loan repayment requirements of this section and the repayment provisions set forth in the promissory note or other evidence of indebtedness issued for a loan entered into pursuant to this section. A district shall not expend, in any one year, any amount of money in excess of what it collects in property taxes, state and federal subventions, grants, loans, fees, gifts, bequests, or income from other sources.
Indebtedness incurred pursuant to this section shall be repaid during a period not to exceed five years from June 30th of the fiscal year in which it is incurred and shall bear interest at a rate not exceeding 10 percent per annum, or the rate allowed under Section 53531 of the Government Code, if higher, payable annually or semiannually or in part annually and in part semiannually.
Each indebtedness incurred under this section shall be authorized by a resolution of the board unanimously adopted, shall be evidenced by a promissory note or contract signed by the president of the board and attested by the secretary or treasurer, and shall be sold at not less than 95 percent of the principal amount in the manner determined by the board at a discount which equals the underwriter’s spread. The board shall determine that the discount reflects an underwriter’s spread which is both reasonable and customary under the prevailing market conditions. One of the two signatures may be by facsimile reproduction.
The indebtedness authorized to be incurred by this section shall be in addition to, and the provisions of this section shall not apply to, any bonded indebtedness authorized by vote of the electors.
Nothing in this section limits or restricts the authority of the district to issue promissory notes or deeds of trust in the acquisition of real property or the exercise of its right of eminent domain subject to the limitations in Section 5568.
Nothing in this section limits the authority of the district to borrow pursuant to Section 5544.3.
(Amended by Stats. 1985, Ch. 371, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5544.3.

5544.3. The district may, pursuant to Section 5544, borrow not to exceed one hundred thousand dollars ($100,000) to cover operating expenses between the time of formation of the district and the first receipt of revenue under Section 5545.
(Added by Stats. 1972, Ch. 1171.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5545.

5545. It may levy and collect, or cause to be levied and collected, taxes to carry out any of its objects or purposes and to pay the obligations of the district. Taxes levied for any one fiscal year shall not exceed ten cents ($0.10) on each one hundred dollars ($100) of the assessed value of all real and personal property within the district. Any tax provided for in this section shall be exclusive of any tax levied to meet the bonded indebtedness of the district and the interest thereon.
(Amended by Stats. 1970, Ch. 642.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5545.1.

5545.1. The board may submit a proposition to the electors of the district for an increase in the maximum rate of tax specified by Section 5545. The election shall be called and held in the same manner as a bond election, and approval by a majority of all votes cast shall be required to authorize such an increase.
(Added by Stats. 1970, Ch. 857.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5545.3.

5545.3. In the event the board of directors proposes to submit a special tax, as provided in Section 50077 of the Government Code, and a bond issue for approval by the voters of the district, or a zone or zones within the district, both the special tax and the bond issue may be consolidated and may appear on the ballot as a single proposition if the special tax and the bond issue are for the same object or purpose.
(Added by Stats. 1981, Ch. 565, Sec. 2. Effective September 19, 1981.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5545.5.

5545.5. (a) In addition to the tax authorized by Section 5545, the East Bay Regional Park District may, beginning with the fiscal year 1972–1973, levy and collect, or cause to be levied and collected, a tax of five cents ($0.05) on each one hundred dollars ($100) of the assessed value of all real and personal property within the district. The revenue from this tax shall be spent as follows:
(1) The revenue from four cents ($0.04) per one hundred dollars ($100) shall be spent exclusively for acquisition of new park lands.
(2) The revenue from one cent ($0.01) per one hundred dollars ($100) shall be spent exclusively for the development and operation of such park lands.
(b) Beginning with the fiscal year 1974–1975, the East Bay Regional Park District may levy and collect, or cause to be levied and collected, an additional tax of five cents ($0.05) on each one hundred dollars ($100) of the assessed value of all real and personal property within the district. This tax shall be in addition to the tax authorized by subdivision (a) and may be levied only if, prior to the beginning of the 1974–1975 fiscal year, the district has prepared and adopted a master plan which identifies the district’s policies and goals with regard to the acquisition of new park lands and lists the general type and quantity of such lands proposed to be acquired and the estimated cost thereof. The revenue from this tax shall be divided in the same ratio, and shall be used for the same purposes, as the revenues from the tax authorized by subdivision (a).
(c) Beginning with the fiscal year 1982–1983, the taxes authorized by subdivisions (a) and (b) may be levied to carry out any of the objects or purposes of the district or to pay the obligations of the district. If the district board finds and determines that the full amount of the taxes authorized by subdivisions (a) and (b) will not be needed to carry out the objects and purposes of the district, it need not levy, or cause to be levied, the full amount of the taxes which would otherwise be authorized by subdivisions (a) and (b). These taxes shall be in addition to those authorized by Section 5545.
(d) Any tax imposed pursuant to this section shall be imposed by ordinance of the district board. In the first fiscal year in which any tax authorized by subdivision (a), (b), or (c) is imposed, the ordinance imposing the tax shall not go into effect until 30 days after its final passage, and, notwithstanding Section 9141 of the Elections Code, the ordinance shall be subject to referendum pursuant to Section 9340 of the Elections Code. If it is lawfully possible, the district board shall consolidate the referendum election with another regular or special election.
(Amended by Stats. 1994, Ch. 923, Sec. 168. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5545.6.

5545.6. Any tax imposed under Section 5545 by a district formed pursuant to Section 5506.5 shall be used exclusively for the acquisition of open-space, park, or recreation lands or for the development, operation, or maintenance of open-space, park, or recreation lands so acquired.
(Added by Stats. 1972, Ch. 762.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5546.

5546. A district may contribute money, in those amounts the board of directors, by resolution, finds to be proper, to the State Park and Recreation Commission or to any municipality, county, or other public corporation, district, or agency, for the purpose of assisting in the acquisition of lands within or outside of the district for the purposes specified in section 5541, or for improving the lands in the manner therein specified, when in the judgment of the board of directors the acquisition or improvement is so located and planned as to be of benefit to the district. A district may grant funds to a private nonprofit entity for the purposes of this section.
(Amended by Stats. 1999, Ch. 321, Sec. 2. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5547.

5547. The board of directors shall act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. The ayes and noes shall be taken upon the passage of all ordinances or resolutions, and entered upon the journal of the proceedings of the board.
An ordinance, resolution, or motion shall not be passed or become effective without the affirmative votes of at least a majority of all the members of the board.
The enacting clause of all ordinances passed by the board shall be in these words: “Be it ordained by the Board of Directors of the (giving the name) District.”
All resolutions and ordinances shall be signed by the president of the board and attested by the secretary, administrative secretary, or clerk, and all ordinances shall be published once within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the district.
(Amended by Stats. 1980, Ch. 362, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5548.

5548. The president shall preside over all meetings of the board. He shall sign all contracts and conveyances on behalf of the district after they have been approved by the board, and he shall perform such other duties as may be imposed upon him by the board.
In the absence of the president, or in the event of his inability to act, the vice president shall perform all the powers and duties of the president.
If both the president and vice president are absent or unable to act, the board may select a president pro tempore, who shall perform all the powers and duties of the president.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5549.

5549. (a) The general manager has the following administrative and executive functions, powers, and duties. The general manager shall do all of the following:
(1) Enforce this article and all ordinances and regulations of the district.
(2) Appoint and remove subordinates, clerks, and other employees, and exercise supervision and control over all departments and offices of the district, subject to the personnel rules, civil service or merit system, and policies adopted by the board.
(3) Attend all meetings of the board unless excused by the board.
(4) Submit to the board for adoption any measures, ordinances, and regulations he or she deems necessary or expedient.
(5) Enforce all terms and conditions imposed in favor of the district or its inhabitants in any contract and report any violations to the board or the police department, as appropriate.
(6) Prepare and submit the annual budget to the board and perform all other duties imposed by this article or by the board.
(b) (1) With the approval of the board, the general manager may bind the district, in accordance with board policy that has been adopted in an open meeting, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose, including new construction of a building, structure, or improvement, in amounts not exceeding fifty thousand dollars ($50,000). All expenditures shall be reported to the board of directors at its next regular meeting.
(2) A district may, by action of the board in an open meeting, increase the amount by which the general manager may bind the district above the fifty-thousand-dollar ($50,000) limit established in paragraph (1). An increase made pursuant to this paragraph shall not exceed an amount equal to 2 percent, for each fiscal year following the operative date of the last adjustment, of the amount in effect when the board’s action is adopted.
(Amended by Stats. 2018, Ch. 278, Sec. 1. (AB 2137) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5550.

5550. (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, applies to all districts.
(b) A board of directors may adopt an ordinance establishing an employee relations system that may include, but is not limited to, a civil service system or a merit system.
(c) With the prior permission of the board of supervisors of the principal county, a board of directors may adopt an ordinance that makes the employees of the district subject to the employee relations system of the principal county. The board of directors may adopt an ordinance that withdraws the employees of the district from the employee relations system of the principal county. A district in which the employees of the district are subject to the employee relations system of the principal county shall receive employee relations services at cost from the county.
(Added by Stats. 2011, Ch. 581, Sec. 2. (AB 1036) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5551.

5551. The secretary of the board, the administrative secretary, or the clerk, as the case may be, shall countersign and affix the seal to all contracts and conveyances on behalf of the district, shall act as secretary to the board and keep a record of its proceedings, and shall perform such other duties as may be imposed upon him by the appointing authority or by this article.
(Amended by Stats. 1980, Ch. 362, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5552.

5552. The controller is the custodian of the funds of the district and shall make payments by check or by warrant drawn upon the district’s depositories for obligations that have been first approved by a majority of the board of directors at a meeting of the board of directors. The board of directors also may, by resolution and under any terms and conditions which it may prescribe in the resolution, authorize the controller to pay demands against the district, without the prior, specific approval of the board, that are for any purpose for which an expenditure has been previously authorized in the district’s adopted budget and which do not exceed the amount of expenditure so authorized. Demands so paid shall be presented to the board of directors at the next regular meeting for its review and approval. If the funds of the district are maintained solely in the county treasury, the county auditor shall exercise the powers otherwise conferred by this section on the controller.
The board of directors shall by ordinance or resolution authorize signatories for checks or warrants drawn in payment of obligations and demands against the district. Authorized signatories shall be selected from members of the board of directors of the district, the general manager of the district, the administrative secretary, or any other officers and employees which may be designated by the board.
The controller shall keep an account of all receipts and disbursements, and shall deposit all money received by him or her in a depository or depositories selected by the board of directors.
(Amended by Stats. 1991, Ch. 1226, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5552.1.

5552.1. Notwithstanding Section 5552, the boards of directors of the Riverside County Regional Park and Open-Space District and the Sonoma County Agricultural Preservation and Open Space District may, by resolution, eliminate the requirement that demands against that respective district which are paid without the prior, specific approval of the board be presented to the board at the next regular meeting for its review and approval.
(Amended by Stats. 1996, Ch. 872, Sec. 132. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5553.

5553. The controller shall install and maintain a system of auditing and accounting, which will at all times show the financial condition of the district, and he shall perform such other duties as may be imposed upon him by this article, the board, or the general manager. Payment of employee salaries and benefits and other recurring claims may be authorized annually by the board.
(Amended by Stats. 1977, Ch. 630.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5553.5.

5553.5. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.
(Amended by Stats. 1963, Ch. 1715.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5555.

5555. The directors of the district, before assuming the duties of their office, shall take and subscribe an official oath, and file it in the office of the board. The official oath shall be in the form provided by law for official oaths of county officers.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5556.

5556. The board may appoint, employ, or contract for the services of attorneys, consultants, advisers, and such other experts as they deem necessary, and shall authorize the appointment or employment by the general manager of such assistants, deputies, and other appointees and employees as may be deemed necessary by the board to carry out the purposes of this article, and the board shall determine the duties and compensation, or basis of compensation, of all such persons.
(Amended by Stats. 1972, Ch. 455.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5557.

5557. The board shall have a suitable office in the district where its maps, plans, documents, records, and accounts shall be kept, subject at all reasonable times and under reasonable regulations to public inspection.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5557.1.

5557.1. The board may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the original or a permanent photographic reproduction of which is in the files of the district.
(Added by Stats. 1957, Ch. 687.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5557.2.

5557.2. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
(Amended by Stats. 2005, Ch. 158, Sec. 28. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5558.

5558. (a) The board shall superintend, control, and make available to all of the inhabitants of the district, subject to its ordinances, rules, and regulations, all public parks, playgrounds, beaches, parkways, scenic drives, boulevards, open spaces, and other facilities for public recreation belonging to the district or under its control.
The board shall regulate, restrain, and control the kind of vehicles, and the time and conditions of travel or parking on such public parks, playgrounds, beaches, parkways, scenic drives, boulevards, open spaces, and other facilities for public recreation, and it shall employ a suitable police force and shall adopt all ordinances, rules, and regulations necessary for the administration, government, protection, and use of the property, improvements, and facilities belonging to the district or under its control.
The board shall, in general, do all acts necessary to the proper execution of the powers and duties granted to, and imposed upon, it by this article, and to manage and control the business and affairs of the district.
(b) Notwithstanding any other provision of this section, the board of any district organized pursuant to Sections 5506.5 and 5538.5 may designate and employ officers and employees of the county in which the district is located as the district police force required by this section.
(Amended by Stats. 1981, Ch. 683, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5558.1.

5558.1. The Board of Directors of the East Bay Regional Park District shall superintend, control, and make available to all of the inhabitants of the district, subject to its rules and regulations, all vehicular recreational areas and trails belonging to the district or under its control.
The Board of Directors of the East Bay Regional Park District shall regulate, restrain, and control the kind of vehicles, and the time and conditions of travel or parking on such vehicular recreational areas and trails.
(Added by Stats. 1975, Ch. 288.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5559.

5559. The board may adopt regulations, and it shall cause the regulations made by it to be posted upon park or other property of the district to which they apply, and it shall cause them to be published at least once in a newspaper published in the county or counties within which the district is in whole or in part situated, and such posting and publication shall be sufficient notice to all persons.
The affidavit of the general manager or the secretary that the district rules and regulations have been so posted and published is prima facie evidence thereof. A copy of the rules and regulations, attested by any member of the board or by its secretary shall be prima facie evidence that the rules and regulations have been made by the board as provided by law.
(Amended by Stats. 1972, Ch. 455.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5560.

5560. (a) Violation of an ordinance, rule, or regulation adopted pursuant to this article is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed six months, or by both that fine and imprisonment, unless the board provides that a violation of an ordinance, rule, or regulation is an infraction, that is punishable by:
(1) A fine not exceeding one hundred dollars ($100) for a first violation.
(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance, rule, or regulation within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance, rule, or regulation within one year.
(b) A superior court of a county lying wholly or in part within the district is a proper court for trial of all prosecutions under this article for violations of an ordinance, rule, or regulation adopted by the board.
(Amended by Stats. 2003, Ch. 449, Sec. 36.5. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5560.1.

5560.1. In order to protect property, improvements, and facilities of parks under its management or belonging to the district and to preserve the peace within such parks, the district board may confer, on uniformed park employees which it may designate, the authority to issue citations for misdemeanor and infraction violations of state law, city or county ordinances, or district regulations or ordinances, when the violation is committed within a district park and in the presence of the employee issuing the citation. The citations shall be issued in accordance with Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code.
(Added by Stats. 1980, Ch. 335, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5560.5.

5560.5. (a) A district may enact in its ordinances clauses which provide that if any person is arrested for a violation of the ordinance, and such person is not immediately taken before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.
(b) The time specified in the notice to appear must be at least five days after such arrest.
(c) The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case.
Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code.
(f) No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.
(Amended by Stats. 1975, Ch. 813.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5560.6.

5560.6. A district may enact in its ordinances clauses which prohibit any person from willfully violating his written promise to appear in court regardless of the disposition of the charge upon which he was orginally arrested.
(Amended by Stats. 1975, Ch. 813.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5560.7.

5560.7. A district may further provide in its ordinance that when a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 5560.5, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.
When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.
(Amended by Stats. 1975, Ch. 813.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5560.8.

5560.8. A district may enact the foregoing as a separate and distinct ordinance which shall apply to all or one or more of its ordinances.
(Amended by Stats. 1975, Ch. 813.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5561.

5561. The police appointed or employed by the board shall have, within the district for which they are appointed or employed, all the powers of police officers of municipal corporations except the power of serving and executing civil process.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5561.5.

5561.5. The board may provide by resolution or regulation for the care, restitution, sale, or destruction of unclaimed property in the possession of the district. Any resolution or regulation adopted pursuant to this section shall provide therein (1) that such unclaimed property shall be held by the district for a period of at least six months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the board at least five days before the time therefor by publication once in a newspaper of general circulation published in the district. The board may dispose of any such property upon which no bid is made at any such sale.
(Added by Stats. 1963, Ch. 1117.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5561.6.

5561.6. The district shall be primarily responsible for the prevention and suppression of all fires on any lands in its possession or control, excluding all lands of a district located within the exterior boundaries of any municipality or other fire protection district.
For the purposes of the prevention and suppression of fires on such lands, the board may enter into co-operative mutual aid agreements with the federal government, the State, any municipality, county or district, or any person, corporation or association.
(Added by Stats. 1963, Ch. 1117.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5562.

5562. The board may acquire, construct, improve, maintain, and operate golf courses, bathhouses, boathouses, tennis courts, gymnasiums, and other special amusements and forms of recreation, and it may acquire, construct, or complete all buildings, structures, waterways, lakes, equipment, and other necessary or convenient facilities.
It may fix and collect fees for the use by the public of any boats, bathing suits, lockers, golf courses, tennis courts, or other special facilities, services, or equipment.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5563.

5563. If, in the opinion of the board, any land or property owned by the district, or any interest therein, becomes unnecessary for the purposes of the district, the board may, subject to the provisions of Section 5540, sell such lands or property, or interest therein. When land or property is temporarily unnecessary for park or open-space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the board by ordinance determine to use the lands for park, open-space, or other district purposes, the lease shall thereby be terminated. The proceeds of any sale or lease of lands or property, or any interest therein, shall be used for and applied to such purposes of the district as the board may, by resolution, determine.
(Amended by Stats. 1975, Ch. 813.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5563.5.

5563.5. Notwithstanding Sections 5540 and 5563, the Board of Directors of the Midpeninsula Regional Open Space District may, and the Board of Directors of the East Bay Regional Park District with respect to the Alameda Creek Quarries located within the County of Alameda may, without obtaining the consent of the voters, lease real property for a term not exceeding 50 years. A lease entered into pursuant to this section shall be authorized by a resolution adopted by the affirmative votes of at least two-thirds of the members of the board, upon making an express finding that the purpose of the lease is for park or open-space purposes, or for an historic preservation, recreation, or agricultural purpose which is compatible with public use and enjoyment of the real property.
(Amended by Stats. 2004, Ch. 27, Sec. 1. Effective April 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5563.7.

5563.7. Notwithstanding Sections 5540 and 5563, the Board of Directors of the East Bay Regional Park District may, without obtaining the consent of the voters, lease real property for a term not exceeding 50 years for the San Leandro Bay Restaurant Project. The lease entered into pursuant to this section shall be authorized by a resolution adopted by the affirmative votes of at least two-thirds of the members of the board and shall require the lessee and any successor in interest to construct and maintain facilities, which are in addition to the premises leased for restaurant operations and which will provide for the safety and convenience of the general public in the use and enjoyment of adjacent and nearby property of the district.
(Added by Stats. 1982, Ch. 841, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5564.

5564. Whenever it is necessary or advisable to acquire or construct any works, structures, or embankments, in order to protect the property of the district from damage by flood or storm waters, the board may acquire or construct such works, structures, or embankments.
If the works, structures, or embankments are necessary or advisable not only to protect the property of the district, but other property not owned by the district as well, the board may enter into contracts with any flood control district or other municipal or public corporation, and may grant rights of way, for such periods of time as it shall determine, over the property of the district to such flood control district or other municipal or public corporation, whereby the flood control district or other municipal or public corporation may be permitted to construct such works, structures, or embankments.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5565.

5565. The legal title to all property acquired by the district under the provisions of this article shall immediately and by operation of law vest in the district, and shall be held by the district in trust for, and is dedicated and set apart for, the uses and purposes set forth in this article. The board may hold, use, acquire, manage, occupy, and possess such property, as provided in this article.
The board may take conveyances or other assurances for all property acquired by it under the provisions of this article in the name of the district, to and for the uses and purposes expressed in this article, and it may institute and maintain all actions and proceedings, or suits at law or in equity, necessary or proper in order to carry out the provisions of this article, or to enforce, maintain, protect, or preserve all rights, privileges, and immunities created by or acquired in pursuance of this article. In all courts, actions, suits, or proceedings, the board may sue, appear, and defend, in person or by attorneys and in the name of the district.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5565.5.

5565.5. (a) With the consent of the board of directors of a district, an irrevocable offer of dedication of real property or any interest in real property for any of the purposes authorized by this article may be made to the district pursuant to this section. The offer of dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property. The offer of dedication, when recorded in the office of the county recorder, shall be irrevocable and may be accepted at any time by the board of directors of the district.
(b) An offer of dedication may be terminated, and the right to accept the offer abandoned, by a majority vote of the board of directors of the district and only if the board of directors makes both of the following findings:
(1) The offer of dedication was never accepted and, therefore, termination or abandonment of the offer does not constitute a conveyance of an interest in real property dedicated for park or open-space purposes.
(2) Now, or in the future, the district cannot effectively use the real property, or interest in real property, that would be conveyed by the offer of dedication for park or open-space purposes.
(c) The procedure prescribed by this section is alternative to any other procedure authorized by law.
(Added by Stats. 2010, Ch. 59, Sec. 1. (AB 1962) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5566.

5566. It is the intent of the Legislature to provide a district with authority to impose special taxes. A district may impose special taxes pursuant to the procedures set forth in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. In exercising that authority, a district may establish a zone or zones and a rate of tax for each zone, which is to be applied uniformly to all taxpayers within the zone. All revenue from a tax levied in a zone shall be expended in connection with land and facilities that are located in that zone, including a reasonable amount thereof allocated for general administrative expenses of the district.
(Amended by Stats. 1989, Ch. 205, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5567.

5567. Every director and every other officer named in this article who is, in any manner interested, directly or indirectly, in any contract awarded, or to be awarded, by the board, or in the profits to be derived from such a contract, is guilty of a misdemeanor, and conviction of a person under this section shall work a forfeiture of his office.
(Added by Stats. 1939, Ch. 94.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 3 - Districts › ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts › Section 5568.

5568. For the purpose of acquiring, constructing, or completing any improvement or improvements authorized by this article, or for the purpose of acquiring any land or other property necessary or useful therefor, the board of directors may incur an indebtedness not to exceed 5 percent of the assessed valuation of the real and personal property situated in the district or in any zone established pursuant to Section 5566 for the purpose of levying a tax to pay all sums coming due to repay the indebtedness. The district may issue bonds for the indebtedness under and in full compliance with the provisions of Article 1 (commencing with Section 43600) of Chapter 4 of Division 4 of Title 4 of the Government Code. The provisions of that chapter, as they may exist from time to time and insofar as they may be applicable, shall govern all district bond issues, and the board of each district is the legislative branch of the district, and authorized to do all acts and things which may be done by the legislative branch of cities, towns, and municipal corporations in the incurring of indebtedness and the issuance and sale of bonds.
Taxes for the payment of the bonds shall be levied and collected in the manner provided in this article.
The bonds issued under this section shall be signed by the president of the board and the treasurer of the district, and countersigned by the secretary. The coupons shall be signed by the treasurer. If any officers whose signatures appear on the bonds or coupons cease to be officers before the delivery of the bonds to the purchaser, those signatures or countersignatures are, nevertheless, valid and sufficient for all purposes, the same as if the officers had remained in office until the delivery of the bonds.
(Amended by Stats. 1981, Ch. 565, Sec. 4. Effective September 19, 1981.)