Section 4301 - Definitions(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.(v) Rockhounding is defined as being the recreational gathering of stones and minerals found occurring naturally on the undisturbed surface of the land, including panning for gold in the natural water-washed gravel of streams.(w) Float Material is defined as materials only occurring naturally on the surface of the land.Cal. Code Regs. Tit. 14, § 4301
1. New subsections (q) and (r) filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment of subsection (j) filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatory effect amending subsections (d), (i) and (j) and adding subsections (u)-(w) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25). Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 21401 and 38280, Vehicle Code.
1. New subsections (q) and (r) filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
3. Amendment of subsection (j) filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatory effect amending subsections (d), (i) and (j) and adding subsections (u)-(w) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).