California Code of Regulations › Title 14 - Natural Resources › Division 3 - Department of Parks and Recreation › Chapter 1 - General › Section 4301 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Department,"
				as used herein, means the State Department of Parks and Recreation, having a
				headquarters in Sacramento, California.
(b) "Director," as used herein, means
				Director of Parks and Recreation.
(c) "Deputy Director of Off-Highway Motor
				Vehicles," means the person in charge of Division of Off-Highway Motor Vehicle
				Recreation.
(d) Division Chief
				means the person in charge of an administrative area or division consisting of
				units and districts, under control of the Department of Parks and
				Recreation.
(e) "District
				Superintendent" means the person in charge of an administrative district
				consisting of one or more units under control of the Department of Parks and
				Recreation.
(f) "Person," as used
				herein, shall be construed to mean and include natural persons, firms,
				copartnerships, corporations, clubs, and all associations or combinations of
				persons whenever acting for themselves or by an agent, servant, or
				employee.
(g) "Nighttime," is any
				time from one-half hour after sunset to one-half hour before sunrise.
(h) "Water-ski" means any aquaplane,
				water-ski, or any other device used, or which may be used, for carrying persons
				or property while being towed behind a boat.
(i) Posting of Notices. The term "posted" as
				used herein, unless otherwise indicated, shall mean and require that the
				Department shall set aside at the district headquarters and at the unit
				affected and in a location convenient to the general public, a bulletin board
				or similar device upon which shall be posted all special instructions, orders,
				pertaining to units of the district including but not limited to special hours
				of operation, swimming and boating restrictions, hunting and camping
				restrictions, and special instructions pertaining to areas where activities are
				curtailed or restricted. Proof of posting shall be filed in the offices of the
				division chiefs or the Sacramento California Office of the Division of
				Off-Highway Motor Vehicle Recreation.
(j) Special Events. Special Events are
				activities which are beyond the normal scope of activities and operations
				conducted in units under control of the Department of Parks and Recreation.
				Consistent with existing state policies and laws, District Superintendents may
				approve by permit a Special Event when it is found to be in the best interest
				of the Department of Parks and Recreation and is conducted by an appropriate
				sponsor at no net expense to the state. Special Event permits are required when
				fees are charged by the event sponsor beyond the regular State Park Facility
				Use Fees, when the Department has determined the event will create a greater
				potential hazard or liability to the State than incurred through typical
				operations, when the activity includes the exclusive use of an area within the
				park, when the activity interferes significantly with the public's use of an
				area, when additional staffing or staff time is required, or where items or
				services are sold. Special Event permits are required for any activity within
				the State Park System which meet any of these criteria, and which occur wholly
				or partially within or on any property owned, operated, or administered by the
				Department. Upon a finding by the District Superintendent that a special event
				is consistent with the unit's use, he/she may issue a Special Event permit for
				such use. The terms and conditions of such permit shall prevail where
				inconsistent with the rules herein when approved by the Division Chief, Chief
				of Off Highway Motor Vehicle Recreation Division or the District
				Superintendent.
(k) Juveniles. The
				term juvenile as used herein shall be construed to mean any person under the
				age of 18 years.
(l) "Aircraft"
				means any powered, unpowered, or towed device that is used or intended to be
				used to carry a person or persons in the air.
(m) Beach. Unless the context otherwise
				requires, the use of the word "beach" herein means that portion of a unit under
				control of the Department of Parks and Recreation between the edge of a body of
				water, extending inland, to whichever comes first: a fence, a distinctive berm
				or cliff, a line of vegetation, or an officially erected sign specifically
				designating the boundaries of the beach.
(n) Road. A road is that portion of a unit
				improved, designed, ordinarily used, or designated for vehicular travel,
				including vehicular trails within State Vehicular Recreation Area and Trail
				System.
(o) Designate. Designate
				means to indicate, specify, or make recognizable by some mark, sign, or
				name.
(p) Animals. An animal is any
				animate being which is endowed with the power of voluntary motion; animate
				being, not human.
(q) Placing of
				Road Signs. The term "Placing of Road Signs," as used herein, means the placing
				of signs regulating the operation of motor vehicles, including, but not limited
				to, stop signs, yield signs, and speed limit signs, which is done in accordance
				with those instructions contained in section
				21401 of the
				California Vehicle Code.
(r)
				Placing of Vehicle Recreation Trail Signs. The term "Placing of Vehicle
				Recreation Trail Signs," as used herein, means the placing of signs regulating
				the operation of motor vehicles within the State Vehicular Recreation Area and
				Trail System which is done in accordance with section
				38280 of the
				California Vehicle Code.
(s)
				Facility. Facility means any structure or combination of structures, or any
				feature or entity modified by humans for human use.
(t) Unit. Unit means any named and classified
				unit under control of the Department of Parks and Recreation, as well as any
				Department projects which have not yet been named or classified.
(u) Camping is defined as:
1) erecting a tent or shelter or arranging
				bedding, or both, for purposes of, or in such a way as will permit, remaining
				overnight.
2) Use of houseboats or
				boats for the purpose of sleeping during the nighttime hours, whether anchored,
				moored or beached.
3) Use of any
				parked or standing vehicle for the purpose of sleeping during nighttime
				hours.