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Chapter IV - Park Uses General

Section 400 Camping

  • 400.1 No person shall camp after closing
    No person shall maintain a camp within District parklands after posted hours of operation, except a camp may be maintained in designated areas if a valid permit therefore has been obtained from the District.
  • (M) 400.2 No person shall operate a generator or sound amplification device
    As defined in section 908.2, no person shall operate a generator or sound amplification device including radio, television, tape or record playing device, or speaker system in a campground, if such operation disturbs other campers.
  • (M) 400.3 No person shall exceed the following family campground restrictions
    • Maximum number of vehicles
    • Maximum occupants per site -10
    • Maximum length of stay for each park - 15 consecutive days or 30 total days per year with 2-day minimum break following the first 15-day visit.
  • (M) 400.4 No person who is a juvenile shall camp in parklands except as follows:
    • A juvenile who is accompanied by a parent or guardian.
    • A juvenile who furnishes to the local park unit the written consent of and the full name, residence and telephone of parent or guardian. Such written consent shall contain the inclusive date and park location applicable.
    • A juvenile who is part of a group permitted to occupy parklands at night and who is supervised by at least one responsible adult over the age of 21 for each ten juveniles.
    • Juvenile Defined: The term juveniles as used herein shall be construed to mean any unmarried person under the age of 18 years.

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Section 401 Swimming

  • (I) 401.1 General
    No person shall swim, wade, or engage in any other water contact activity in any water areas of the District except in those areas designated by the Board of Directors. Swimming will be allowed pursuant to the rules and regulations established by the Board of Directors as set forth in the "East Bay Regional Park District Swimming Policies and Regulations," as adopted and amended from time to time.
  • 401.2 Definition
    As used in this section, "water-contact activity" means any activity in which the body of a person comes into physical contact with water, including but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving and water skiing. It does not include boating and fishing. Wading in shallow waters (below knee level), at ones own risk, in streams or Bay waters shall not be considered a violation of this section, unless the stream or Bay waters are posted "no wading or swimming."
  • 401.3 Incontinent Individuals
    Incontinent individuals are prohibited from water contact activities in non-chlorinated swimming areas (added 9/02).

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(M) Section 402 Drowning: False Reports

No person shall report, or cause to be reported, or in any other manner communicate to any lifeguard employed by the District, or any other employee of the District, any signal or account of a drowning, which such person knows to be false. Back to top

Section 403 Firearms and Dangerous Weapons

  • (M) 403.1 Restriction
    Except as provided in subsection 403.2 of this Section, no person shall have in his/her possession within the District, nor shall any person fire or discharge, or cause to be fired or discharged, across, in, or into any portion of the District any gun or firearm, spear, bow and arrow, cross bow, sling shot, air or gas weapon, or any other dangerous weapon. (rev. 8/03)
  • 403.2 Exception

    The provisions of subsection 403.1 of this Section shall not apply to any of the following cases:

    • The possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons, through District parklands.
    • The possession of firearms or other dangerous weapons at a place of residence or business located within the District by a person in lawful possession of the residence or business.
    • The discharge or firing of firearms in areas designated from time to time by the Board specifically for the purpose of rifle and/or pistol shooting, and to the transportation of such firearms, if unloaded, to and from such designated areas.
    • The use of a bow and arrow, but not a cross bow, is permitted in areas designated from time to time by the Board specifically for the purpose of archery, but all bows must be unstrung during transportation to and from such designated areas.

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(M) Section 404 Fires

No person shall build, light or maintain any open outdoor fire on park property except in those facilities or areas provided and so designated for that purpose. Exceptions to this requirement must be obtained in writing from the District Fire Chief. No person shall leave a fire unattended on District parklands.

  • (I) 404.1 Personal Cooking Appliances

    Personal appliances such as gas or propane camp stove, portable barbecue or hibachi may be used under the following conditions:

    • Placement in an area that will not scorch, burn or otherwise damage lawns or table tops.
    • Placement in an area at least 30 feet from any flammable material such as grass, weeds, wood chips, brush or buildings.
    • All burning fuel such as wood or charcoal is thoroughly extinguished before being disposed of in an existing fireplace, fire pit or barbecue grill. It is unlawful to dispose of coals in garbage cans or refuse bins.
  • (M) 404.2 Extreme Fire Hazard
    Upon finding an extreme fire hazard by the District Fire Chief, no person shall smoke or build fires of any kind in areas other than those so designated by said officer. Extreme conditions may cause the elimination of all open flames for any purpose, or the evacuation or closure of a park.

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(I/M) Section 405 Nudity

No person shall appear, swim, bathe, sunbathe, walk or be in any of the parks, lands, beaches, waters or any place owned, managed, controlled or otherwise under the jurisdiction of the East Bay Regional Park District, in such a manner that the genitals, vulva, pubis, symphysis, pubic hair, buttocks, and cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering.

This subdivision shall not apply to children under the age of 5 years. Back to top

(I) Section 406 Devices

  • Metal Detectors
    No person shall use a metal detector or similar device on parklands, except as provided in a written permit granted by the General Manager of the District.
  • Generators
    No person shall use or possess a generator or similar device in day use areas of any parkland, except as provided in a written permit granted by the General Manager of the District.

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(M) Section 407 Unacceptable Conduct

No person shall continue to engage in any course of conduct in any Park after he or she is advised by a Public Safety Officer or other Park employee, agent or concessionaire having authority to regulate or manage the area, that such conduct unreasonably or unnecessarily interferes with or obstructs the lawful use and enjoyment of such facility or area by other persons, or impairs the ability of any Park District employee, agent or concessionaire to perform his or her authorized duties and activities. Back to top

Section 408 Assembly

  • (M) 408.1 Exclusive Use of Parks or Facilities
    The District's parks or facilities shall be made available for the exclusive use of person and groups for activities which are appropriate as defined in the District's Master Plan or specific Land Use Development Plan for the involved Regional Park, subject to the issuance of a permit by the Assistant General Manager, Operations and Interpretation. No use of any Regional parkland or facility for musical, theatrical or other entertainment, special event, or for pre-advertised assemblies may be made without the issuance of a permit therefore. (Group picnics, or other similar activities at established picnic areas, do not require a special event permit.) All applications for such use of any park or facility must be signed or co-signed by an adult, which adult shall agree to be responsible for said use. No use permit will be granted if, prior to the time the application was filed, the District has scheduled a District event or general public use at the same time and place as the activity proposed in the application.
  • 408.2 Park or Facility Application
    Any person applying for a park or facility permit hereunder shall file an application (in the form and time schedule established by the District) for such permit with the Assistant General Manager, Operations and Interpretation. The Assistant General Manager, Operations and Interpretation, in his/her sole discretion, may agree to shorten the filing period. However, if the agreed shortened filing period leaves insufficient time to follow the procedures outlined for appeal to the General Manager, the applicant must agree to waive the right of appeal to the General Manager.
  • 408.3 Denial or Cancellation of Permit

    A permit shall be denied or canceled if the proposed use or activities:

    • Cause injury or damage to park resources; or
    • Be contrary to the purposes for which involved park areas were established, as defined above in Section 408.1, or unreasonably impair the atmosphere of peace and tranquility maintained in the park; or
    • Unreasonably interfere with interpretive programs, visitor services or other District program activities, or with Public Safety or administrative activities of the District; or
    • Substantially impair the operation of public use facilities or services of concessionaires or contractors; or
    • Present a clear and present danger to the public health and safety; or
    • Result in significant conflict with other existing uses; or
    • Insurance or other permit conditions cannot be complied with by applicant.
  • 408.4 Liability
    All persons to whom an exclusive use or special event permit has been granted must agree in writing to indemnify and hold the District harmless for injury or damage caused by the activity sponsored by the permittee, and said person shall be liable to the District for any and all injury to persons or damage to parks and facilities owned by the District which results from the activity of the permittee or is caused by any participant in said activity, and provide insurance coverage at rates set by Board resolution sufficient to provide reasonable insurance coverage for such use or event.
  • 408.5 Sales for Profit
    No permit shall be issued by District staff authorizing the use of any park or facility unless it conforms to the Board's approved policy for administering special events as well as relevant sections of this Ordinance. Board approval is required for any sales occurring on Park District land. Events shall not be authorized for the purpose of private financial gain.
  • 408.6 Right to Appeal
    An applicant whose application has been denied or canceled or any person claiming to be adversely affected by the issuance of a permit may appeal the decision of the Assistant General Manager, Operations and Interpretation, to the General Manager. The General Manager shall hold a hearing within three days of the filing of said appeal at the office of the General Manager, at which time the individual filing the appeal may present any and all evidence, testimony, and information relevant to the application. The General Manager shall issue a final decision either approving the permit or modifying permit conditions sufficiently to approve the permit, or upholding the denial or cancellation. The General Manager shall notify the Board of any changes in the permit required to approve the event.

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Section 409 Miscellaneous Dangerous Activities

No person shall engage in any of the following activities within the District except in areas specifically designated and set aside from time to time by the Board for such activities:

  • (I) 409.1 Use or possess fireworks
  • (I) 409.2 Playing or practicing golf
    Drive, chip, or in any other manner play or practice golf, or hit golf balls;
  • (I) 409.3 Operate (motor driven) model airplanes or boats, automobiles, or other model craft
    Operate self-propelled (motor driven) model air-plane, boats, automobiles, or other model craft of any kind or description;
  • (I) 409.4 Operate missiles, rockets, projectiles, or kites
    Operate missiles, rockets, or similar projectiles, or kites with a string length of more than 400 feet, or kites in any posted area, parking lot or roadway;
  • (I) 409.5 Hang glide, parachute; rope swing; or operate a hot air balloon
    Hang glide, except by permit, parachute; rope swing; or operate a hot air balloon;
  • (M) 409.6 Engage in any activity or operate any device recklessly or negligently
    Engage in any activity or operate any device recklessly or negligently so as to endanger the life, limb or property of any person.
  • (I) 409.7 Scuba dive in any lake or inland waters without District authorization
    Scuba dive in any lake or inland waters owned or operated by the District, except for classes conducted by the District or other instruction authorized by the District.
  • (I) 409.8 Bicycles

    For the purposes of this section, "Bicycle" is defined as any two or three-wheeled vehicle propelled by the use of human power. "Bicycle" includes "road bike," "mountain bike," "BMX bike," and similar devices. A "personal conveyance" is defined as any unicycle, roller skate, roller blade, mountain skate, scooter, skateboard, mountain board, or other similar wheeled or non-wheeled device, which is operated by human power, is utilized to move a person or persons across any ground surface or surfaces.

    • It shall be unlawful to ride or operate any bicycle or personal conveyance at any place within the District: In a negligent, unsafe or reckless manner or in a way that endangers the life, limb or property of any person or in violation of the provisions of California Vehicle Code section 21201.
    • It shall be unlawful to ride or operate any bicycle or personal conveyance at any place within the District: At excessive speeds, especially when passing other trail users, or in areas with short sight distances, or in an irresponsible manner in violation of published trail etiquette or posted bicycle speed limits.
    • Bicycles and personal conveyances are permitted on paved roads, paved bike trails and multi-use trails. Personal conveyances are not permitted on unpaved trails or roads, or other unpaved surfaces. Bicycles are permitted on unpaved roads, multi-use trails and fire roads over 8 ft. in width, unless otherwise posted.
    • Bicycles are not permitted on narrow hiking or riding trails, except that bicycles are allowed on designated sections of the Lafayette Ridge Trail in Briones Regional Park and Sinbad Creek Trail in Pleasanton Ridge Regional Park.
    • Bicycles are not permitted to ride cross-country on regional parklands. All bicycle use is restricted to permitted trails only.
    • Posted Area or Use Restrictions: Bicycles and personal conveyances are not permitted in any park or area pursuant to a resolution of closure or restriction adopted by the Board of Directors of the District.

      The following closures and restrictions are currently in effect. The Chief of Park Operations will maintain the list and insure that trails are properly signed and posted:

      1. Bicycles are only permitted in Redwood Regional Park:
        • On the East Ridge and West Ridge Trail loop connected by Canyon and Bridle Trails;
        • On the trails west of West Ridge Trail, with the exception of Tate Trail, which is closed to bicycle use;
        • On the canyon floor from Redwood Gate entrance to Trails End on Stream Trail.
      2. Bicycles are only permitted in the Tilden Nature Study Area on Blue Gum Loop Trail to Wildcat Trail and Nimitz Way Trail.
      3. Bicyclist and operators of personal conveyances will be permitted to ride through Lake Temescal Regional Recreation Area observing posted 6 m.p.h. speeds. Bicycles and operators of personal conveyances must walk through designated swim areas when in operation.
      4. Bicycles are not permitted in Claremont Canyon Regional Preserve.
      5. Bicycles will not be permitted on the Ohlone Trail from Mission Peak to Del Valle.
      6. Bicycles will not be permitted on the following trails at Coyote Hills: Red Hill Trail, north of Nike Trail, Soaproot Trail from Dairy Glen north to Visitor Center and Muskrat Trail.
      7. Bicycles are not permitted on Sibley Round Top Road from the EBMUD Water Tank Road junction to the top of Round Top Peak.
      8. Bicycles not permitted in Huckleberry Regional Preserve.
      9. Bicycles are not permitted on the Horseshoe Trail in Anthony Chabot.
      10. Bicycles and personal conveyances are not permitted inside the fenced core area of Ardenwood Regional Preserve.
      11. Bicycles are not permitted on the interior trails of the Berkeley Meadow at Eastshore State Park. (added 5/05)
    • Posting and Closure for Safety Reason: Park Supervisors, after consultation with the Chief of Park Operations, may temporarily close any road or bicycle trail for safety reasons. Such closures will be reviewed annually by the Board to determine whether or not the closure should be made permanent, or road or bicycle trail modifications made to allow reopening.
    • Bicycle and Personal Conveyance Speed Limits: Bicycles and personal conveyances shall not be ridden at a speed exceeding 15 m.p.h. on any trail with a posted speed limit.
    • Bicycles and operators of personal conveyances must travel in a single file when passing others and in single file on the right side of the trail when in turns, blind corners, or when being passed.
    • Required Equipment
      1. Any bicycle operated during the hours of darkness on any District property shall be equipped with lighting as specified in California Vehicle Code Section 21201(d). Personal conveyances shall not be operated during the hours of darkness. For purposes of the sub-section, hours of darkness shall be the same as defined in California Vehicle code Section 280, to wit, "any time from one-half hour after sunset to one-half hour before sunrise." (rev. 9/02)
      2. At a distance of not less than 50 feet when overtaking or approaching other trail users a verbal warning shall be called out or an audible device sounded by approaching bicyclists and operators of personal conveyances as required by the District's published rules of trail etiquette.
  • (I) 409.9 Climbing on or posting signs on bridges or over-crossings
    No person shall climb on or over any guardrails on District bridges or over crossings. No person shall hang or display from any District bridge or over-crossing any sign or banner unless approved by the District.

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Section 410 Alcoholic Beverages

  • (I) 410.1 Alcohol Restrictions

    No person shall possess, sell, or consume any alcoholic beverage within any park or facility owned or operated by the East Bay Regional Park District, except that beer and wine may be possessed and consumed within District parklands, except as follows:

    • No alcoholic beverage, including beer and wine, may be possessed, sold or consumed at swimming pools, bathing beaches, group campgrounds, or swim areas;
    • No alcoholic beverages, including beer and wine, may be served, sold or consumed at any vehicular road or parking lot or within 50 feet of the edge of any such road or parking lot, or on any Regional Trail.
    • No alcoholic beverage, including beer and wine, may be possessed, sold or consumed at Sunol Regional Wilderness; at the Niles Staging Area of Alameda Creek Trail; all areas of Crown Beach (Alameda Beach), except for the area designated as the reservable group picnic area and all areas of Contra Loma, Shadow Cliffs Regional Recreation Areas, Martinez Regional Shoreline, Miller-Knox Regional Shoreline and Don Castro Regional Park and Quarry Lakes Regional Recreation Area (between April 1 and October 31 only), except for "reservable group picnic sites" where alcohol is allowed by permit only; or portions of parklands hereafter specifically so restricted from time to time by resolution of the Board of Directors. Possession and use of alcohol in any reservable group picnic site is restricted to permit holders and members of their groups (rev. 9/02).
    • No person shall have in his or her possession, on his or her person, while on a roadway or in a parking facility or on a Regional Trail owned or operated by the District, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents which have been partially removed.
    • It is unlawful for any person to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any lands, roadway or parking facility owned or operated by the District, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents which have been partially removed.
    • This section shall not apply to the living quarters of a house-car or camper when such vehicles are in an authorized camping area where alcohol is not prohibited.
    • Violation of this section is an infraction.
  • 410.2 Exceptions

    The Board of Directors has granted a limited number of exceptions to 410.1 at only the following EBRPD facilities:

    • Willow Park Golf Course - right to serve alcoholic beverages.
    • Tilden Golf Course - right to serve alcoholic beverages.
    • Brazilian Building and Temescal Beach House - right to serve beer, wine and champagne at all events. There will be an alcohol restriction for sorority and fraternity groups.
    • Little Hills, Ardenwood, and Castle Rock Recreation Areas - right to serve beer and wine.
    • Martinez Shoreline Pigeon and Sportsmen's Clubhouses, Redwood Archers, Briones Archers, Martinez Horsemen, Los Charros - right to sell alcoholic beverages for non-profit purposes at a limited number of events as regulated by the General Manager.
    • Shoreline Center of Martin Luther King Regional Shoreline and Camp Arroyo - right to serve beer and wine.
    • Fern Cottage, Kennedy Grove regional Recreation Area - right to serve beer and wine.
    • Pursuant to a permit, license or agreement approved by the Board of Directors or permit approved by the General Manager (rev. 9/02).

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(I) Section 411 User Fees Failure to Pay

No person other than one acting under written permission from the District shall use, occupy, or otherwise remain in a building, structure, facility, parking area, picnic area, campsite, or other area within the District for which a fee is charged and a permit required unless that person has paid the required fee and possesses a valid permit. Back to top

(I) Section 412 Removal of Signs

No person, including the person making the reservation, shall remove a "Reserved" sign from a picnic area, campsite or building which has been reserved. No person shall willfully occupy or hold a picnic area, campsite or building, which hasbeen reserved unless authorized by the person who made the reservation. Back to top

(I) Section 413 No Reservation Table Policy

On a day when reservations are not accepted or when no reservation has been made, picnic tables may only be reserved on a "one person-one-table" basis. Back to top

(I) Section 414 Responsibility to Report Accidents

It is the responsibility of any party involved in an accident or incident (other than a motor vehicle or boating collision already covered under California Law), which results in injury to a person, domestic animal, including a dog or horse, or damage to property belonging to another to: 1) stop and offer assistance to the injured party; 2) provide the other involved party(ies) with their name and address. If injuries occur, involved parties must: 1) immediately report the incident to emergency responders (ranger, police, or fire staff); 2) remain at, or return to the scene and remain until responders arrive; and 3) provide the responders with their identification information. In cases of property damage only, where the property owner or agent is not present, the involved party must verbally report the incident and provide their identity to a Park Ranger or the District Public Safety Department within 24 hours. Failure of an involved party to comply with these responsibilities shall be unlawful and punishable as a misdemeanor (added 9/02). Back to top

Source URL:
http://www.ebparks.org/activities/ord38/ch4