Section § 5150

Explanation

This law allows a county or city in California to help the State acquire land for recreational use, such as parks, playgrounds, or beaches.

Any county or city may assist the State in acquiring any park, playground, recreational center, or beach to be used for recreational purposes.

Section § 5151

Explanation

This law allows counties and cities in California to give or transfer land they own, or will obtain, to the state for use as parks, playgrounds, recreational centers, or beaches. They can also use money they have, including funds from donations or bequests, to help the state acquire such recreational properties. These properties will be managed according to agreements approved by existing laws.

Any county or city may donate, convey, and grant to the State any real property owned by it, or which it may acquire, for a park, playground, recreational center, or beach used for recreational purposes. It may use any part of its funds, including funds received by bequest, gift, donation, and those received in trust for the acquisition of such properties, as may be necessary to assist the State in acquiring any park, playground, recreational center, or beach for recreational purposes, to be cared for, maintained, and controlled under any agreement or arrangement authorized by article one of chapter one of this division.

Section § 5152

Explanation

This law allows county or city governments to hand over control of roads, highways, trails, or rights of way within a State park to the park's managing authority. Once the park authority accepts, it gains jurisdiction over these areas.

The board of supervisors or governing body of any county or city within which any park forming a part of the State park system is established, may relinquish any road, highway, or trail, or portion thereof, or right of way therefor, existing within the park, to the authority charged by law with the management and control of the park. Jurisdiction over any such road, highway, or trail shall vest in the park authority, upon the acceptance by it of the road, highway, trail, or right of way.

Section § 5153

Explanation

This law explains how a road, highway, trail, or right of way can be officially given to the park authority. The transfer must be approved through a formal resolution by the board or governing body that currently oversees it. This decision should be documented in the meeting minutes following a public notice and hearing.

Once the park authority agrees, this resolution can be recorded with the county recorder's office and a copy must be filed with the park authority.

Relinquishment to the park authority of any road, highway, trail, or right of way shall be by resolution of the board or governing body having jurisdiction, spread upon its minutes, after notice and hearing. A certified copy of the resolution, with the acceptance of the park authority endorsed thereon, may be recorded in the office of the county recorder of the county in which the road, highway, or trail is located, and a certified copy shall be filed with the park authority.

Section § 5155

Explanation

This law allows a county's board of supervisors, if they all agree, to use money from certain funds to pay off or buy back the county's bonds. This includes making payments on bonds for areas where special taxes are or will be applied for projects like land acquisition or park maintenance within the county.

The board of supervisors of any county may, by a unanimous vote, expend any portion of the moneys in any of the funds named in section 5156 for the payment of principal or interest, the redemption or purchase of bonds of the county or of a special assessment district within the county if special assessments have been or are to be levied for such payments, and the proceeds of the bonds have been used for the acquisition of lands or the improvement or maintenance of lands or public parks within the county.

Section § 5156

Explanation

This law states that spending for certain activities described in another section can come from either the county's general fund or from money received from a county bond. These funds are intended for buying land or improving and maintaining public parks in the county.

Expenditures authorized by Section 5155, may be made from any one of the following funds:
(a)CA Public Resources Code § 5156(a) The general fund of the county.
(b)CA Public Resources Code § 5156(b) The proceeds of any county bond issue voted for the purpose of acquiring lands or improving or maintaining them as a public park within the county, or from any other fund available for such purposes.

Section § 5157

Explanation

This law allows any county in California to acquire land through purchase, lease, or gift for use as public parks, beaches, recreation areas, or boulevards, even if the land is in another county. However, if the land is outside the acquiring county, the county where the land is located must first agree by passing a resolution. Once acquired, the land follows the rules and regulations of the county that purchased it.

Any county may purchase or lease, or obtain by gift, lands located in the county, or in other counties and may hold, improve, and maintain such lands for public parks, public beaches, public recreation areas or public boulevards.
Before land situated in another county may be so acquired and held, improved, and maintained, the consent by resolution of the board of supervisors of that county shall be obtained. Land acquired in conformity with the requirements of this section is subject to the jurisdiction, laws and ordinances of the acquiring county.

Section § 5157.5

Explanation

This law allows county boards of supervisors in California to build projects to prevent or fix beach erosion. They can do this work anywhere along the oceanfront, regardless of who owns the nearby land. However, if they want to work in an incorporated area (which usually refers to areas within a city or town), they must first get permission from that area's governing body.

Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction and powers otherwise conferred, boards of supervisors in their respective counties shall have jurisdiction and power to construct within the incorporated as well as the unincorporated area of the county works for the prevention of beach erosion or for the restoration of eroded beaches or both. Such work may be performed along any portion of the ocean front regardless of ownership of the adjacent upland. Before any such work is performed by a county within the incorporated area of any county, the consent of the governing body of such incorporated area shall first be obtained.

Section § 5158

Explanation

This law allows park commissioners in the state to accept donations, gifts, and money from people and companies, including inheritances. The funds they receive become part of the public funds for the park commissioners to use. These funds are specifically for preserving and enhancing the parks they manage.

The commissioners of any public park in this State may accept and receive donations and aid from individuals and corporations, and may receive legacies and bequests, and the moneys derived therefrom shall be a portion of the public funds belonging to the park commissioners, and are applicable under the direction of the park commissioners to the purposes of preserving and embellishing the parks under their respective management and control.

Section § 5159

Explanation

This law allows park commissioners to invest surplus funds from park operations in interest-bearing bonds issued by either the United States government or the State of California. The income from these bonds can be used for park-related expenses. Additionally, if necessary, the commissioners have the authority to sell these bonds.

If these funds at any time exceed the sums necessary for immediate expenditure on the park grounds, or if it is advisable to invest them and make them productive, the park commissioners may invest them or any portion, in interest-bearing bonds of the government of the United States, or the State of California, and the commissioners may use the interest and income. The commissioners may, if necessary, sell and dispose of the bonds.

Section § 5160

Explanation

This law allows the board of supervisors in a county to use or dedicate parts of a county public park for highway purposes. For this action to happen, it requires a four-fifths majority vote by the board members. This can be done if the park was bought with county funds or through district assessments where public money was used.

The board of supervisors of any county may by a four-fifths vote of the members use or dedicate for county highway purposes any portion of any county public park acquired in whole or in part with county funds or acquired through special assessment district proceedings conducted by such board of supervisors when public funds have been contributed to such district proceedings or for the payment or retirement of bonds or assessments thereof.

Section § 5161

Explanation

This law allows counties, cities, or the state to sell or exchange land they own within a state historical monument area. This transaction can happen with any public, private, or former landowners within that area, but it requires the approval of the department. The key condition is that the sale or exchange must help in developing the historical monument.

Whenever any county, city and county, city or the state owns land within the limits of any area designated as a state historical monument, it may, with the consent of the department, sell such land to, or exchange such land with, any other public, private, or former owner of land within the same area upon a determination by the state or other governmental agency that the sale or exchange of the land will facilitate the development of the historical monument.

Section § 5162

Explanation

This law states that any beach or seashore recreation area owned or managed by a city or county must be open to everyone, not just local residents. Everyone must be treated the same, with the same rules, fees, and conditions applying to all.

Any beach or seashore recreation area owned, leased, operated, controlled, maintained or managed by a city or county which is open to the use of residents of such city or county shall be open to all members of the public upon the same terms, fees, charges and conditions as are applicable to the residents of such city or county.

Section § 5163

Explanation

This law makes sure that anyone hired to work at parks, playgrounds, recreational centers, or beaches where they will be in contact with children, as well as food concessionaires in those areas, must show a certificate proving they've been checked and do not have communicable tuberculosis. This check must have happened within the last two years. Once hired, employees who test negative for tuberculosis must continue to be tested every four years as long as they stay negative. However, if an employee tests positive and gets an X-ray, regular tests aren't needed anymore, but they'll be referred to a local health officer for any necessary care.

(a)CA Public Resources Code § 5163(a) No person shall initially be employed in connection with a park, playground, recreational center, or beach used for recreational purposes by a city or county in a position requiring contact with children, or as a food concessionaire or other licensed concessionaire in that area, unless the person produces or has on file with the city or county a certificate showing that within the last two years the person has been examined and has been found to be free of communicable tuberculosis.
(b)CA Public Resources Code § 5163(b) Thereafter, those employees who are skin test negative shall be required to undergo the foregoing examination at least once each four years for so long as the employee remains skin test negative. Once an employee has a documented positive skin test which has been followed by an X-ray, the foregoing examination is no longer required and a referral shall be made within 30 days of the examination to the local health officer to determine the need for followup care.
“Certificate” means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a notice from a public health agency or unit of the tuberculosis association which indicates freedom from active tuberculosis.

Section § 5163.1

Explanation

This law section mandates that a tuberculosis test should be done using an approved intradermal method. If the test result is positive, it must be followed by a lung X-ray. However, cities or counties can choose to implement more thorough or frequent testing based on recommendations from their local health officer.

The examination shall consist of an approved intradermal tuberculosis test, which, if positive, shall be followed by an X-ray of the lungs.
Nothing in Sections 5163 to 5163.2, inclusive, shall prevent the governing body of any city or county, upon recommendation of the local health officer, from establishing a rule requiring a more extensive or more frequent examination than required by Section 5163 and this section.

Section § 5163.2

Explanation

An X-ray film can be taken by a skilled X-ray technician, but it must be reviewed and interpreted by a licensed doctor.

The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a licensed physician and surgeon.

Section § 5163.3

Explanation

The city or county is required to keep a current certificate on file for every individual specified in Section 5163.

The city or county shall maintain a file containing an up-to-date certificate for each person covered by Section 5163.

Section § 5163.4

Explanation

This law states that cities or counties have the authority to require more thorough or more frequent examinations than what is outlined in Sections 5163 to 5163.3. It gives local governments flexibility to impose stricter standards if they choose.

Nothing in Sections 5163 to 5163.3, inclusive, shall prevent the city or county from requiring more extensive or more frequent examinations.

Section § 5164

Explanation

This law prevents cities, counties, or special districts from hiring someone for jobs or volunteer roles at places like parks or beaches where they'd supervise minors if that person has a criminal conviction for certain serious offenses. Specifically, it covers crimes such as those related to sexual offenses or incidents involving the use of a deadly weapon, among others listed.

Before hiring, the agency must ask applicants about past convictions and check their criminal background. If they're considering a volunteer, they can request records from the Department of Justice without charge, provided they include fingerprints. Agencies can charge potential hires for costs incurred from these checks.

(a)Copy CA Public Resources Code § 5164(a)
(1)Copy CA Public Resources Code § 5164(a)(1) A county, city, city and county, or special district shall not hire a person for employment, or hire a volunteer to perform services, at a county, city, city and county, or special district operated park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over a minor, if that person has been convicted of an offense specified in paragraph (2).
(2)Copy CA Public Resources Code § 5164(a)(2)
(A)Copy CA Public Resources Code § 5164(a)(2)(A) A violation or attempted violation of Section 220, 261.5, former Section 262, 273a, 273d, or 273.5 of the Penal Code, or a sex offense listed in Section 290 of the Penal Code, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code.
(B)CA Public Resources Code § 5164(a)(2)(A)(B) A felony or misdemeanor conviction specified in subparagraph (C) within 10 years of the date of the employer’s request.
(C)CA Public Resources Code § 5164(a)(2)(A)(C) A felony conviction that is over 10 years old, if the subject of the request was incarcerated within 10 years of the employer’s request, for a violation or attempted violation of an offense specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal Code, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022 of the Penal Code, in the commission of that offense, Section 217.1 of the Penal Code, Section 236 of the Penal Code, an offense specified in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, or an offense specified in subdivision (c) of Section 667.5 of the Penal Code, provided that a record of a misdemeanor conviction shall not be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor convictions, or a combined total of three or more misdemeanor and felony convictions, for violations listed in this section within the 10-year period immediately preceding the employer’s request or has been incarcerated for any of those convictions within the preceding 10 years.
(b)Copy CA Public Resources Code § 5164(b)
(1)Copy CA Public Resources Code § 5164(b)(1) To give effect to this section, a county, city, city and county, or special district shall require each such prospective employee or volunteer to complete an application that inquires as to whether or not that individual has been convicted of an offense specified in subdivision (a). The county, city, city and county, or special district shall screen, pursuant to Section 11105.3 of the Penal Code, any such prospective employee or volunteer, having supervisory or disciplinary authority over a minor, for that person’s criminal background.
(2)CA Public Resources Code § 5164(b)(2) A local agency request for Department of Justice records pursuant to this subdivision shall include the prospective employee’s or volunteer’s fingerprints, which may be taken by the local agency, and any other data specified by the Department of Justice. The request shall be made on a form approved by the Department of Justice. A fee shall not be charged to the local agency for requesting the records of a prospective volunteer pursuant to this subdivision.
(3)CA Public Resources Code § 5164(b)(3) A county, city, city and county, or special district may charge a prospective employee or volunteer described in subdivision (a) a fee to cover all of the county, city, city and county, or special district’s costs attributable to the requirements imposed by this section.