Counties and CitiesInterpretive Services

Section § 5385

Explanation

This law section defines key terms for improving accessibility and understanding of local parks. Eligible entities are certain nonprofits focused on outdoor equity, federally recognized Native American tribes, and specific California Native American tribes. Interpretive services are educational activities in parks that help visitors connect with natural, cultural, and historic aspects, typically not provided by local entities. Local entities refer to cities or counties that manage local parks, which are parks not part of state or federal systems.

For purposes of this article, the following definitions apply:
(a)CA Public Resources Code § 5385(a) “Eligible entity” means any of the following:
(1)CA Public Resources Code § 5385(a)(1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code with the mission of increasing equity in outdoor access.
(2)CA Public Resources Code § 5385(a)(2) A federally recognized Native American tribe.
(3)CA Public Resources Code § 5385(a)(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(b)CA Public Resources Code § 5385(b) “Interpretive services” means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.
(c)CA Public Resources Code § 5385(c) “Local entity” means a city, county, or city and county that owns, maintains, or operates a local park.
(d)CA Public Resources Code § 5385(d) “Local park” means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.
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Section § 5386

Explanation

This law allows certain groups to use a local park to give tours or educational talks with up to 30 people at a time, treating them like any other public park user. However, if local officials find good reasons, they can set special rules for these groups. These reasons include protecting the park’s environment, ensuring public access is not blocked, helping these groups access the park better, or handling any legal responsibilities related to such visits.

(a)CA Public Resources Code § 5386(a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.
(b)CA Public Resources Code § 5386(b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:
(1)CA Public Resources Code § 5386(b)(1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).
(2)CA Public Resources Code § 5386(b)(2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).
(3)CA Public Resources Code § 5386(b)(3) The requirements are necessary to address the local entity’s liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a).
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