ARTICLE 1. State Park System [5001. - 5019.5.]

Article 1 added by Stats. 1939, Ch. 94.

§§ 5001–5019.5 · 125 sections

§ 5001 (a) The Legislature finds and declares all of the following: (1) California’s state parks are a true reflection of our state’s collective history, natural and…
§ 5001.1 As used in this division, “department” means the Department of Parks and Recreation and “director” means the Director of Parks and Recreation.
§ 5001.2 The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife…
§ 5001.3 (a) As used in this section: (1) “Event” means a competition event that uses lands or facilities under the jurisdiction of the department. (2) “Prize…
§ 5001.4 The department may manage state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, state marine…
§ 5001.5 Whenever any reference is made to the state park system with respect to a duty, power, purpose, responsibility, or jurisdiction that can be exercised or…
§ 5001.6 (a) Notwithstanding Section 5001.95, units of the state park system may be located within, and be a part of, a state seashore. However, the unit shall be…
§ 5001.65 (a) Commercial exploitation of resources in units of the state park system is prohibited, except all of the following is permissible: (1) Slant or directional…
§ 5001.67 (a) Qualified institutions and individuals shall be encouraged to conduct nondestructive forms of scientific investigation within state park system units, upon…
§ 5001.7 The landing of aircraft in units of the state park system is subject to the following limitations: (a) Airport facilities and services may be allowed in a unit…
§ 5001.8 (a) The use of motor vehicles in units of the state park system is subject to the following limitations: (1) In state wildernesses, natural preserves, and…
§ 5001.9 (a) Any improvement existing within the state park system as of January 1, 1979, which fails to comply with the provisions of former Section 5001.5 as they…
§ 5001.95 No state park system unit, other than a state wilderness, a natural preserve, or a cultural preserve, shall be located within the boundaries of another state…
§ 5001.96 Attendance at state park system units shall be held within limits established by carrying capacity determined in accordance with Section 5019.5.
§ 5002 All parks, public camp grounds, monument sites, landmark sites, and sites of historical interest established or acquired by the State, or which are under its…
§ 5002.1 Prior to the classification or reclassification of a unit of the state park system into any of the categories specified in Article 1.7 (commencing with Section…
§ 5002.2 (a) (1) Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities…
§ 5002.3 A public hearing shall be scheduled by the State Park and Recreation Commission to consider each matter of classification or reclassification of a unit and of…
§ 5002.4 The department shall furnish a copy of the general plan for any unit of the state park system for which a plan has been prepared to any Member of the…
§ 5002.45 (a) Notwithstanding any other provision of this article, upon completion of the land transfer authorized in Section 6 of Chapter 1234 of the Statutes of 1980,…
§ 5002.5 The department may accept a gift of title to the Chinese Taoist Temple in Hanford, Kings County, for the state park system in the event such gift of title is…
§ 5002.6 (a) Notwithstanding any other law, and upon the adoption of a resolution of acceptance pursuant to subdivision (j), the director shall grant to the County of…
§ 5002.7 (a) The beach bicycle path in the County of Los Angeles, which runs 22.3 miles from its northern end at the Will Rogers State Beach to its southern end in the…
§ 5002.8 (a) For purposes of this section, the following definitions apply: (1) “Avoidance area” means the lands encompassed within the avoidance area as defined in the…
§ 5003 The department shall administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public. Except as…
§ 5003.01 The Legislature hereby finds and declares that the East Bay Regional Park District is contemplating the development of extensive new marina facilities at the…
§ 5003.02.1 (a) The Legislature hereby finds and declares that the department and the City of Grover Beach, in a joint project, are in the process of entering into an…
§ 5003.03 (a) It is the intent of the Legislature, in enacting this section, to provide for the acquisition, planning, and operation of a state park project located on…
§ 5003.05 Rules and regulations adopted pursuant to Section 5003 shall also apply on any granted or ungranted tidelands or submerged lands abutting property of the…
§ 5003.06 (a) Notwithstanding any other provision of law, the director may grant, in trust, and subject to the conditions set forth in this section, all of the rights,…
§ 5003.1 The Legislature finds and declares that it is in the public interest to permit hunting, fishing, swimming, trails, camping, campsites, and rental vacation…
§ 5003.2 Without limiting any statutory powers of the Department of Parks and Recreation, real property which is in the control and possession and under the…
§ 5003.3 The State Park and Recreation Commission shall allow, in accordance with Section 5003.1, waterfowl hunting annually from the opening day of hunting season for…
§ 5003.35 Notwithstanding Section 5003.1, waterfowl hunting shall be allowed at the Lake Earl and Lake Talawa project in accordance with the existing interagency…
§ 5003.4 (a) There shall be provided in each state park in which camping is permitted those parking facilities for recreational vehicles, as defined by Section 18010 of…
§ 5003.5 The department is authorized to provide means of ingress to and egress from all state parks in order to provide ready access thereto by the public and to…
§ 5003.6 The planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Division of Boating and Waterways…
§ 5003.6.5 (a) Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may negotiate a…
§ 5003.7 (a) For due, owing, and unpaid charges or fees for water, sewage, gas, electricity, garbage, or other utility services furnished by the Department of Parks and…
§ 5003.8 Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law (Part 2.5 (commencing with Section 18901)…
§ 5003.10 (a) The department may convey, in trust for the development, improvement, operation, and maintenance of trails, to the County of San Mateo, for administration…
§ 5003.11 (a) Notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the Government Code that relate to the disposition of…
§ 5003.12 The department may convey, in trust for the development, improvement, operation, and maintenance of trails, to the Midpeninsula Regional Open Space District…
§ 5003.13 (a) The director may grant, in trust, an easement, subject to an agreement reached between the department and the County of Santa Cruz, of 420 feet of Aptos…
§ 5003.14 (a) Notwithstanding any other provision of law, the director may grant, in trust and subject to the conditions set forth in this section, all of the rights,…
§ 5003.15 The net proceeds of any sale made on behalf of the department pursuant to Section 11011 of the Government Code of any real property originally acquired for…
§ 5003.16 (a) Subject to subdivisions (b) to (f), inclusive, and notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the…
§ 5003.17 (a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds…
§ 5003.18 (a) The director may lease to the City of Los Angeles a parcel, not to exceed 20 acres of unimproved real property situated in the City of Los Angeles, that…
§ 5003.19 (a) Notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the Government Code that relate to the disposition of…
§ 5004 The department shall gather, digest, and summarize, in its annual reports to the Governor, information concerning the State Park System and the relation to it…
§ 5004.5 (a) The California Youth Soccer and Recreation Development Program is hereby created in the department. The department shall administer the program, which is…
§ 5005 (a) The department may receive and accept in the name of the people of the state any gift, dedication, devise, grant, or other conveyance of title to or any…
§ 5005.01 (a) The Department of Parks and Recreation shall, after consultation with appropriate Native American groups, receive and accept a donation of Indian artifacts…
§ 5005.1 The Department of Parks and Recreation may with approval of the Department of General Services transfer, sell or otherwise dispose of personal property under…
§ 5005.3 The department shall identify a site on its lands at the head of Bodega Bay, which shall be mutually agreed upon by the department and the Board of Directors…
§ 5005.6 The department has exclusive jurisdiction with respect to property salvage and recovery operations in and upon the lands of the state park system. The…
§ 5006 (a) The department, with the consent of the Department of Finance, and subject to Section 15853 of the Government Code, may acquire title to or any interest in…
§ 5006.1 (a) (1) Before submitting a proposal pursuant to subdivision (f) of Section 5006, for an appropriation for the acquisition of real property in excess of five…
§ 5006.10 (a) The department shall notify the State Parks and Recreation Commission of any proposed development that may substantially impact the historical, cultural,…
§ 5006.15 The department may acquire real property by donation or purchase that is subject to a conservation easement, deed restriction, or other limitation, if the…
§ 5006.2 The Director of Parks and Recreation with the consent of the Director of Finance may acquire by gift, purchase or condemnation any interest, including options,…
§ 5006.25 The Director of Parks and Recreation is authorized to convey and grant to the County of Santa Cruz, for a site for a dam and reservoir in Aptos Creek, that…
§ 5006.3 The department shall acquire sites for wayside campgrounds adjacent to the Westside Freeway, State Highway Route 5. The following general vicinities shall be…
§ 5006.4 (a) The department may acquire, on behalf of the state, a fee or lesser interest in real and personal property located near Hollister in San Benito County for…
§ 5006.41 The department may enter into agreements with the Department of Water Resources and the Department of Fish and Game to plan, develop, and administer real and…
§ 5006.42 (a) On or before February 1, 2002, the director shall establish the Cornfield State Park Advisory Committee, which shall be responsible for assisting the…
§ 5006.45 (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser interest in such real and…
§ 5006.47 (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser right or interest in such…
§ 5006.48 (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser right or interest in real…
§ 5006.49 Notwithstanding any other provision of law, the California State Mining and Mineral Museum located in the City of Mariposa, including all assets, exhibits, and…
§ 5006.5 The department may lease any interest in real or personal property that the department deems necessary or proper for the extension, improvement, or development…
§ 5006.6 The department, with the approval of the Administrator of the Resources Agency and the Department of Finance, is authorized to cooperate and participate with…
§ 5006.7 Pursuant to the provisions of Chapter 1.5 (commencing with Section 5094) of this division, the Administrator of the Resources Agency may indicate in writing…
§ 5007 (a) It is the intent of the Legislature that the department consistently operate the state park system to preserve public access and provide protection of…
§ 5007.1 (a) Lands purchased or otherwise acquired by the department at the Pan Pacific project, which are to be operated and maintained by other public agencies under…
§ 5007.2 Notwithstanding any other provision of law, a contract for services under the amount of fifty thousand dollars ($50,000) to restore artifacts at the Hearst San…
§ 5007.3 (a) In planning, developing, managing, and operating lands acquired for the Citrus Heritage Park at Mockingbird Canyon, the department and the State Park and…
§ 5007.4 Consistent with the general plan for the unit, the department may enter into an operating agreement, at no cost to the state, with a qualified nonprofit…
§ 5007.5 Notwithstanding any other provision of law, the department shall have the right to remove and dispose of all floating logs, timber, lumber, and other debris…
§ 5008 (a) The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein. (b)…
§ 5008.1 (a) When it is determined by the director to be in the public interest, and subject to the fees, rules, and regulations of the department, visitors to units of…
§ 5008.2 (a) Peace officers and other designated employees of the department may capture any animal (1) which is not confined or under the immediate control of a person…
§ 5008.4 Moneys deposited in the State Parks and Recreation Fund pursuant to Section 1463.02 of the Penal Code are available, when appropriated by the Legislature, only…
§ 5008.5 In any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or Chapter 5…
§ 5008.6 Notwithstanding any other provision of law, the judge before whom any person is tried for a violation of any provision of this code within the jurisdiction of…
§ 5008.7 Every person convicted of a violation of any rule or regulation adopted by the department pursuant to this division prohibiting the leaving, depositing,…
§ 5008.8 After January 1, 1989, every peace officer authorized pursuant to Section 5008, shall have satisfactorily completed, prior to the date he or she is first…
§ 5008.10 (a) For purposes of this section, the following definitions apply: (1) “Cigar” has the same meaning as defined in Section 104550 of the Health and Safety Code…
§ 5009 The State Park Contingent Fund is continued in existence. All moneys collected or received from contractual agreements, donations, gifts, bequests, or local…
§ 5009.1 (a) (1) The department may enter into an agreement to accept funds from any person, educational institution, tribal government, corporation or other business…
§ 5009.2 (a) The department may enter into an agreement to accept funds from any person, business entity, educational institution, tribal government, or organization…
§ 5009.3 Notwithstanding any other provision of law, the department may enter into an agreement or agreements with private, nonprofit public benefit corporations or…
§ 5009.5 (a) For purposes of this section, the following definitions apply: (1) “Community access agreement” means an agreement entered into pursuant to this section…
§ 5010 (a) The department may collect fees, rents, and other returns for the use of any state park system area, the amounts to be determined by the department. The…
§ 5010.1 (a) All fees, rents, and other returns for the use of any state park system area are the property of the state or the public agency operating a state park…
§ 5010.1.5 (a) On and after January 1, 2024, any contract the department enters into for purposes of managing the department’s reservation system pursuant to subdivision…
§ 5010.1.6 (a) On or before January 1, 2025, the department shall implement a reservation drawing for up to five of the most popular units of the state park system. The…
§ 5010.2 The department shall not collect from any group of pupils in kindergarten or grades 1 to 12, inclusive, or their escorts, including, but not limited to,…
§ 5010.2.5 (a) The department may establish the California State Park Adventure Pass. The pass shall be available, upon application to the department, to any child in…
§ 5010.3 The department may waive all fees for the use, including camping where permitted, of any unit of the state park system by students of the California Cadet…
§ 5010.4 (a) The department may license, sell, or license and sell, its branded merchandise, images, and other state-park-related merchandise, directly to the public…
§ 5010.5 The director may authorize the refund of moneys received or collected by himself or by the department illegally, or by mistake, inadvertence, or error. Claims…
§ 5010.6 (a) For purposes of this section, “subaccount” means the State Parks Revenue Incentive Subaccount created pursuant to this section. (b) The State Parks Revenue…
§ 5010.7 (a) The department shall develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. On or before July 1,…
§ 5011 (a) Any person receiving aid to the aged, blind, or disabled under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and…
§ 5011.5 (a) A veteran of a war in which the United States has been, or may be engaged, who is a resident of this state, upon presentation to the department of proof of…
§ 5011.6 The department may offer a reduced fee or free day use of any unit of the state park that is operated by the state and accessible with a vehicle day use annual…
§ 5011.7 (a) The Legislature finds and declares that the use of conservation easements can assist the department in protecting the natural resources of the state park…
§ 5012 The department may, upon application by the proper authorities, grant permits and easements for the following purposes and upon the terms as the department may…
§ 5012.1 In any lease, easement, right-of-way, license, or permit entered into whereby the department leases real property, obtains a license, permit, or a grant of…
§ 5012.2 (a) Notwithstanding any other provision of law, subsequent to the creation of an easement for a roadway connecting to Mulholland Drive through the Mulholland…
§ 5013 The department may acquire, purchase, and obtain objects of historical interest, and it may purchase sites for and establish and maintain museums for such…
§ 5014 The Director of Parks and Recreation shall convey to the Hussey Ranch Corporation, upon such terms and conditions as he determines are in the best interests of…
§ 5015 (a) In recognition of the late Robert H. Meyer’s many contributions to the growth and improvement of the state park system, the El Matador, El Pescador, and La…
§ 5015.5 The Baldwin Hills State Recreation Area is hereby designated and shall be known as the Kenneth Hahn State Recreation Area. The department shall erect…
§ 5015.6 In recognition of the late Ed Z’berg’s many contributions to the growth and improvement of the state park system, Sugar Pine Point State Park is hereby…
§ 5015.8 (a) The department shall provide assistance acquiring and accepting land immediately adjacent to, and that expands, Chino Hills State Park, by transferring…
§ 5016 In order to eliminate or acquire privately owned lands situated within the exterior boundaries of the Anza-Borrego Desert State Park, the department is…
§ 5016.1 In order to exchange certain lands patented to the State of California for park purposes situated outside and within 10 miles of the exterior boundaries of the…
§ 5016.2 (a) Notwithstanding any other law, the Department of Parks and Recreation may enter into an agreement for the acquisition of the “Freeman Property,” as…
§ 5018 Whenever, after the receipt of a report submitted pursuant to Section 5017 with respect to a state beach or park or recreational area, the Legislature…
§ 5018.1 (a) Notwithstanding any other law, the Department of Finance may delegate to the department the right to exercise the same authority granted to the Division of…
§ 5019 When property is deeded to the State for park or beach purposes, oil and mineral rights in such property may be reserved in such deeds by the grantor;…
§ 5019.5 Before any park or recreational area developmental plan is made, the department shall cause to be made a land carrying capacity survey of the proposed park or…