Chapter 17.08 ARBORETA AND BOTANIC GARDENS

The ordinance codified in this chapter shall be known as, and may be cited as the “arboreta and botanic gardens ordinance.” (Ord. 9752 Art. 1 § 12, 1969.)

17.08.020 Definitions.

A. “Alcoholic beverage” means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one percent or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
B. “Arboreta and botanic gardens” means and includes arboreta and botanic gardens, grounds and facilities owned, managed or controlled by the county and under the jurisdiction of the director in either incorporated or unincorporated territory.
C. “Article” means an article of the ordinance codified in this chapter unless some other ordinance or statute is mentioned.
D. “County” means the county of Los Angeles.
E. “Director” means the director of parks and recreation, his deputy, or other person authorized by him, pursuant to law, to act in his stead.
F. “Person” includes every person, firm or corporation.
G. “Section” means a section of this chapter unless some other statute or ordinance is specifically mentioned.
H. “Shall” is mandatory and “may” is permissive.
I. “Waters” means any lake, reservoir, fountain, lagoon, pond, stream or other body of water within any facility of the arboreta and botanic gardens. (Ord. 92-0130 § 5, 1992; Ord. 9752 Art. 1 §§ 1--9, 1969.)

17.08.030 Compliance with regulations required.

A person shall not enter, be, or remain in any arboreta or botanic gardens unless he complies with all of the regulations set forth in this chapter applicable to such areas, and with all other applicable statutes, ordinances, rules and regulations. (Ord. 9752 Art. 2 § 10, 1969.)

17.08.040 Delegation of powers.

Whenever a power is granted to, or a duty is imposed upon the director or other public officer, the power may be exercised or the duty performed by a deputy of the director or the other public officer or by any other person authorized, pursuant to law, by the director or other public officer, unless this chapter expressly provides otherwise. (Ord. 9752 Art. 2 § 13, 1969.)

17.08.050 Rules and regulations applicable.

The following rules and regulations set forth in this chapter apply to all facilities of arboreta and botanic gardens as defined in Section 17.08.020 of this chapter. (Ord. 9752 Art. 3 § 17, 1969.)

17.08.070 Hours.

A person shall not use, occupy, or be present in any building at any time except between the hours of 7:00 a.m. and 10:00 p.m. on any day except upon written permit from the director. (Ord. 9752 Art. 3 § 28, 1969.)

17.08.080 Property and equipment--Injuring or defacing prohibited.

A person, other than a duly authorized employee, in the performance of his duties, shall not cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a facility of arboreta and botanic gardens, or any portion thereof, or place thereon or on any portion thereof any mark, writing or printing, or attach thereto any sign, card, display or other similar device. (Ord. 9752 Art. 3 § 24, 1969.)

17.08.090 Plants and animals--Removing, injuring or destroying prohibited.

A person, other than a duly authorized employee in the performance of his duties shall not:
A. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any facility of arboreta and botanic gardens;
B. Pick up from the ground or pick or cut from a shrub, tree or other plants, fruit, flowers, leaves or cuttings;
C. Pick up from the ground, or otherwise remove from a facility of arboreta and botanic gardens, feathers or fowl. (Ord. 9752 Art. 3 § 22, 1969.)

17.08.100 Grass, soil or rock--Removal prohibited.

A person shall not remove any wood, turf, grass, soil, rock, sand or gravel from any facility of arboreta and botanic gardens. (Ord. 9752 Art. 3 § 23, 1969.)

17.08.110 Motor vehicles--Restrictions generally.

If the director finds that at certain times, or under specified restrictions, or at designated places a person can so operate a motor vehicle so as to not interfere in any way with the use of any facility of arboreta and botanic gardens, he may grant such person permission so to operate such motor vehicle. Otherwise, a person shall not bring to or operate in any facility of arboreta and botanic gardens any motor vehicle except as permitted by the director, and subject to all of the conditions which are a part of such permission. If permission to operate a motor vehicle is granted, a person shall park such motor vehicle only in those areas designated by the director for parking. (Ord. 9752 Art. 3 § 27, 1969.)

17.08.120 Persons under 18 years--Restrictions.

Visitors under 18 years of age may not enter the grounds of a facility of arboreta and botanic gardens unless accompanied by an adult, or unless authorized with a permit card from the gatehouse or director. (Ord. 9752 Art. 3 § 35, 1969.)

17.08.130 Classes and other assemblies prohibited--Exceptions.

It is unlawful to hold, manage or conduct any meeting, class, assembly, parade, picketing or entertainment within any facility of arboreta and botanic gardens, except that the director may authorize from time to time, in writing, meetings, classes, assemblies or other gatherings for purposes related to the arboreta and botanic gardens, nature study, gardening, horticulture and beautification programs. (Ord. 9752 Art. 3 § 34, 1969.)

17.08.140 Disturbances prohibited.

A person shall not disturb the peace and quiet of any facility of arboreta and botanic gardens by:
A. Any unduly loud or unusual noise; or
B. By tooting, blowing or sounding any automobile siren, horn, signal or noise-making device: or
C. By any tumultuous conduct; or
D. By the use of any vulgar, profane or indecent language; or
E. By the use of musical instruments, transistor radios or percussion instruments, unless authorized by the director. (Ord. 9752 Art. 3 § 25, 1969.)

17.08.150 Alcoholic beverages restricted.

A person shall not enter, be or remain in any facility of arboreta and botanic gardens while in possession of, transporting, purchasing, selling, giving away or consuming any alcoholic beverages, except at or in connection with a special event duly authorized by the director for which said event the sponsoring organization is properly licensed by the State Department of Alcoholic Beverage Control. (Ord. 84-0153 § 2, 1984: Ord. 12274 § 1, 1980: Ord. 9752 Art. 3 § 31, 1969.)

17.08.170 Soliciting, selling or distributing materials prohibited--Exceptions.

A person shall not solicit in any manner or for any purpose, or sell or offer for sale any goods, wares or merchandise, or distribute or pass out any handbill, advertising matter or literature in any facility of arboreta and botanic gardens, except:
A. By a concession operating under lease granted by the board of supervisors of the county;
B. By permission granted by the supervisor in whose district the facility of arboreta and botanic gardens or any portion thereof is located for one event, if the acts permitted will not in any way detract from the use of the facility of arboreta and botanic gardens by the public and if the proceeds are used for the benefit of arboreta and botanic gardens and the supervisor so finds;
C. When found by the director to be consistent with the policies of the department of arboreta and botanic gardens, or to promote the program of the department, under conditions prescribed by him. (Ord. 9752 Art. 3 § 29, 1969.)

17.08.180 Animals prohibited.

A person shall not bring into a facility of arboreta and botanic gardens any cattle, horse, mule, goat, sheep, swine, dog, cat or other animal of any kind. (Ord. 9752 Art. 3 § 26, 1969.)

17.08.190 Photography restrictions.

Commercial photography of any sort, or any movie location shall not be authorized except when the director agrees to the use of the area for the purpose intended by the photographer or motion picture company. (Ord. 9752 Art. 3 § 39, 1969.)

17.08.200 Recreational activities prohibited.

Ball playing or any other recreation activity is not permitted on the grounds of a facility of arboreta and botanic gardens. (Ord. 9752 Art. 3 § 37, 1969.)

17.08.210 Sitting and lying down prohibited when.

A person shall not, within any facility of arboreta and botanic gardens, sit, squat, lie or sleep upon the ground unless such is necessitated by the physical disability of such person. (Ord. 9752 Art. 3 § 33, 1969.)

17.08.220 Picnicking.

Picnicking is not permitted on the grounds of a facility of arboreta and botanic gardens except in specified areas. (Ord. 9752 Art. 3 § 36, 1969.)

17.08.230 Washing food or dishes prohibited.

A person shall not place in any facility of arboreta and botanic gardens waters any edible, dish, or utensil. (Ord. 9752 Art. 3 § 40, 1969.)

17.08.240 Changing clothes prohibited.

A person shall not change clothes in any comfort station. (Ord. 9752 Art. 3 § 32, 1969.)

17.08.250 Swimming or wading prohibited.

A person shall not swim, bathe or wade in any waters in any facility of arboreta and botanic gardens. (Ord. 9752 Art. 3 § 41, 1969.)

17.08.260 Boating prohibited.

A person shall not use on any facility of arboreta and botanic gardens waters any vessel, surfboard, paddleboard, surfmat or model boat, or other object of any sort. (Ord. 9752 Art. 3 § 42, 1969.)

17.08.270 Fishing prohibited.

A person shall not fish by any means, including fly casting, in any water facility of arboreta and botanic gardens. (Ord. 9752 Art. 3 § 43, 1969.)

17.08.280 Riding and hiking trails--Motor vehicles prohibited--Exception.

A person shall not operate any motor vehicle on or over any riding and hiking trail under the jurisdiction of the director without the written permission of such director. (Ord. 9752 Art. 4 § 46, 1969.)

17.08.290 Motor vehicles--Operation prohibited where.

A person shall not operate any motor vehicle on or over any fire break or any fire protection roads which are posted against public use and provided with locked gates, or operate any motor vehicle on or over any riding or hiking trail, including a riding and hiking trail established under Article 6 of Chapter 1 of Division 5 of the Public Resources Code of the state of California. (Ord. 9752 Art. 4 § 47, 1969.)

17.08.300 Riding and hiking trails--Firearms prohibited.

A person shall not possess or carry any firearm or discharge or cause to be discharged any firearm upon or from any portion of a riders’ or hikers’ trail which transverses private property. (Ord. 9752 Art. 4 § 48, 1969.)

17.08.310 Deposit of polluting substances prohibited.

A person shall not deposit, place, throw, divert, or in any manner dispose of or cause or permit to be deposited, placed, thrown, diverted or in any manner dispose of any crude petroleum, refined petroleum, engine oil, or any byproduct thereof, or any tar or any product containing tar, or any other substance, including, but not limited to, detergent, into or upon any waters of any facility of arboreta and botanic gardens, or along or upon any land, premises or place. (Ord. 9752 Art. 3 § 45, 1969.)

17.08.320 Molesting animals prohibited.

A person, other than personnel employed by the arboreta and botanic gardens acting as such, shall not molest, hunt, disturb, injure, take, net, poison, harm, kill or remove from any facility of arboreta and botanic gardens any kind of animal, including every living creature except insects, and except when necessary to avoid bodily harm. (Ord. 9752 Art. 3 § 44, 1969.)

17.08.340 Throwing objects prohibited.

A person shall not throw, or otherwise propel any missile, or mud or sand, anywhere within a facility of arboreta and botanic gardens. (Ord. 9752 Art. 3 § 19, 1969.)

17.08.350 Fireworks prohibited.

A person shall not take or transport into any facility of arboreta and botanic gardens, or have in his possession therein or fire or discharge therein, any firecracker, rocket, torpedo or fireworks. (Ord. 9752 Art. 3 § 21, 1969.)

17.08.360 Shooting weapons prohibited.

A person shall not discharge or shoot any firearms, air gun, slingshot or bow and arrow. (Ord. 9752 Art. 3 § 20, 1969.)

17.08.370 Liability limitations.

A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the county for any injury to person or property resulting therefrom. (Ord. 9752 Art. 2 § 16, 1969.)

17.08.380 Enforcement authority.

The director shall enforce the provisions of this chapter. (Ord. 9752 Art. 2 § 14, 1969.)

17.08.390 Violation--Penalty--Infractions.

Any person who, within the unincorporated territory of the county of Los Angeles, violates any provision of this chapter, or the conditions of any permit issued under its provisions, or any rule or regulation relating to the arboreta and botanic gardens, is guilty of an infraction unless otherwise provided in this chapter. Upon conviction thereof, he shall be punished by a fine of no more than $250.00. (Ord. 83-0061 § 1, 1983: Ord. 9752 Art. 2 § 15, 1969.)

17.08.400 Violation--Penalty--Misdemeanors.

Any person who violates the provisions of Sections 17.04.435, 17.04.440, 17.04.470, 17.04.480, 17.04.520, 17.04.590, 17.04.610, 17.04.620, 17.04.920, 17.04.1170, 17.08.140, 17.08.290, 17.08.300, 17.08.350, 17.08.360, 17.12.310, 17.12.320, 17.12.360, 17.12.370, 17.12.400 and 17.12.410 of this chapter is guilty of a misdemeanor, punishable by a fine of up to $500.00 and/or imprisonment in the County Jail for a period of up to six months. (Ord. 83-0061 § 3, 1983.)

17.08.450 Severability.

If any provision of the ordinance codified in this chapter is held invalid, the remainder of the ordinance and its separate provisions, and the applications of such provisions to other persons or circumstances, shall not be affected hereby. (Ord. 83-0061 § 4, 1983.)

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