(A) San Justo Reservoir.
(1) To obtain entrance to the San Justo Reservoir recreation area, each motor vehicle must pay a $5 entrance fee each day of entry. Persons entering the park by walking, bicycle or means other than motor vehicle, regardless of age must pay an entrance fee of $2 for each day of entry. Persons using the water surface by means of boat, sailboat, surfboard or other means to float or move themselves on the water surface must pay an additional user fee of $3 each day for each craft size of 13 to 16 feet in length or $2 each day for each water craft, surfboard or other means used on the water surface which is less than 13 feet. Senior citizens and handicapped persons, as such categories of persons are defined in divisions (B) and (C) of this section, shall be exempt from the user fee applicable to persons using the water surface by means of boat, sailboat, surfboard or other means to float or move themselves on the water surface.
(2) Any minor (person under 18 years of age) with the consent of a parent or guardian may obtain free of charge from the Public Works Department a non-transferable annual pass allowing the minor to enter free of charge the San Justo Reservoir recreation area by walking, bicycling or by means other than motor vehicle; provided the minor conspicuously displays the pass at all times when in the San Justo Reservoir recreation area.
(B) Historical and Recreation Park.
(1) Description. A map, designated Exhibit A to Ordinance No. 894, delineates the San Benito County Historical and Recreation Park as referred to in this code section.
(2) Hours of operation.
(a) Normal hours. The normal hours of operation for the San Benito County Historical and Recreation Park are from sunrise to sunset daily. Any extensions of the time of operation are subject to the conditions set forth herein describing the use and fees for special events.
(b) Extended hours. Extended hours, which exceed the normal hours of sunrise to sunset, may be granted upon the written approval of the Public Works Administrator or his or her designee.
(3) Fees.
(a) Individual rental of Areas 1, 2, 3, 4, 5, 6, 7, 8 and 9. Each area of the park may be rented at from sunrise to sunset at an interval of not less than one day. The rental fee for use of Areas 1, 2, 3, 4, 5, 6, 7, 8 and 9 shall be $50 per day payable to the County of San Benito. Each rental will require completion of the San Benito County public works contract confirming the agreement between the renter and the County of San Benito.
(b) Rental of Area 10 (entire park). An individual, agency, group or organization may rent the entire historical and recreation park as delineated as Area 10 (which excludes the Historical Society owned buildings), at the rate of $300 per day, at an interval of not less than one day from sunrise to sunset, payable to the County of San Benito. Each rental will require completion of the San Benito County public works contract confirming the agreement between the renter and the County of San Benito. In addition, the renter will be subject to the terms and conditions listed in divisions (B)(4), (B)(5), (B)(6) and (B)(7) herein.
(c) Individual vehicle entrance. Any vehicle entering the park not associated with a group renting Areas 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 shall be charged $3 per vehicle entering the park, payable to the County of San Benito.
(d) Rental availability. User fees shall be waived for a maximum of three weekends per fiscal year for San Benito County Historical Society events. Event dates must be coordinated with the Public Works Department by the San Benito County Historical Society six months in advance of event dates. No other individual, agency, group or organization shall have priority use of the historical and recreation park. Usage of the park shall be based on a "first-reserved" and paid basis. All fees must be paid, the contract signed, and if applicable, a certificate of insurance, naming the County of San Benito as an additional insured be received by the County of San Benito County Public Works Department two weeks prior to the reserved date to guarantee rental.
(e) Rental application. The renter shall make reservations with the San Benito County Public Works Department located at 3220 Southside Road, Hollister. Verbal and fax reservations will be accepted; however all applicable reservation requirements will be required.
(4) Security deposit and insurance. If the entire historical and recreation park is rented for a day and the renter intends to use the park for an event that will include any one of the following:
(a) Sale of food, beverage or alcohol;
(b) Exceed the county noise level ordinance;
(c) Use of firearms;
(d) Charge a separate entrance fee; or
(e) An event or production that the general public is invited to attend, the following requirements must be met:
1. Security deposit.
a. A security deposit in the amount of $300 will be required two weeks prior to the date of rental. The deposit must be received to reserve a date for the function. The deposit and/or an itemized statement of the disposition of the deposit will be returned within 30 days.
b. At the completion of the event, all advertising, directional signs, temporary structures and any additional objects used, as part of the event shall be removed from the property within 48 hours. All trash and debris generated by the event shall be removed from the site and disposed of in an appropriate manner. if these conditions are not met, the cost incurred by the Public Works Department for the clean up will be deducted from the security deposit. In the event the cost of the clean-up exceeds the deposit, the renter named on the signed contract will be responsible for all additional costs.
2. Insurance.
a. The renter shall assume all risk for loss damage, liability injury or other expense that may arise during, or be caused by, the use or occupancy of the historical and recreation park. In addition, the renter, group or organization agrees to save and hold harmless the County of San Benito and/or their employees free from any loss, claims and liability or damages, and/or injuries to persons and property that in any way may be caused by renter’s use(s) or occupancy.
b. The renter shall obtain a $1,000,000 liability insurance policy naming the County of San Benito as additionally insured. The responsible party shall file a certificate of insurance with the County of San Benito Public Works Department two weeks prior to the date of the event.
(5) Public safety requirements.
(a) Emergency vehicles. The renter will be responsible for observing and adhering to providing adequate and unrestricted ingress and egress necessary for emergency access for all events held at the county’s Historical and Recreation Park.
(b) Open wild fires. Open wood fires are not allowed without the written approval of the California Department of Fire and Forestry and the Public Works Administrator or his or her designee. Barbecue grills or camp stoves are allowed.
(c) Firearm safety requirements.
1. No live ammunition will be allowed in the county’s Historical and Recreation Park during any event under any circumstances.
2. The firearm activities shall be conducted in a segregated location to insure the safety of event attendees.
3. Firearm activities that are defined as a demonstration and/or production show and use blank ammunition must further comply with the following requirements:
a. Notice shall be given to the San Benito County Public Works Department in writing two weeks prior to the event wherein the use of firearms will occur.
b. Notify the San Benito County Sheriff’s desk sergeant at the start of any event and the San Benito County Communications Department.
c. Designate range masters to load, clear, inspect and control all firearms and blank ammunition during the event.
d. Neighbors within 1,500 feet of the boundaries of the San Benito County Historical and Recreation Park shall be notified in writing two weeks prior to the event wherein the use of firearms will occur.
4. In addition to the use of firearm requirements listed above, public events, such as rendezvous and civil war reenactments, require the submission and approve of a fire protection plan by the County of San Benito Fire Department for approval. A copy of the approved fire protection plan must be submitted to the San Benito County Public Works Department two weeks prior to the event.
(6) Public health requirements.
(a) Sale of food and alcohol. Any event that will include the sale of food and alcohol for public events shall meet the requirements of the County of San Benito Environmental Health Department regarding sanitary facilities and food preparation. Prior to a public event, the following shall be submitted and approved by the San Benito County Environmental Health Department for approval:
1. Any event that will require the use of portable toilets shall include a plan that addresses all Americans With Disabilities Act requirements and is approved by the San Benito Environmental County Health Department.
2. Any event that will include the sale of food will require evidence that the requirements of the California Uniform Retail Food Facility Law have been met and approved by the San Benito County Health Department.
3. Evidence that there will be potable water on site.
4. A copy of the above mentioned approvals must be submitted to the San Benito County Public Works Department two weeks prior to the event.
(b) Alcohol consumption.
1. Alcohol consumption is allowed at events held within the confines of the San Benito County Historical and Recreation Park and is subject to all applicable laws and regulations.
2. Any alcohol sales at an event will require the organizer to obtain all required permits established by San Benito County Code and the Alcohol Beverage Control Board.
(c) Noise level. Noise from all events shall be maintained on site in a manner that is in accordance with all San Benito County ordinances currently in effect as adopted by the San Benito County Board of Supervisors. Neighbors within 1,500 feet from any boundary of the San Benito County Historical and Recreation Park shall be notified in writing ten days prior to the event wherein the San Benito County noise ordinance level would apply.
(7) Responsibility.
(a) It is the responsibility of the renter to:
1. Provide all required written and approved documentation to the San Benito County Public Works Department within the specified timelines established herein; and
2. Assure that all terms and conditions guidelines are followed at all events.
(b) The Public Works Administrator or his or her designee shall have authority to require or waive additional requirements on a case-by-case basis.
(C) Veterans Memorial Park.
(1) Groups or organizations planning to use one or more shelters marked as "A," "B," "C" or "D" in Veterans Memorial Park must register a request at the Department of Public Works office, pay a $75 user fee for each day and each shelter requested and a $50 cleaning/damage deposit.
(2) Groups or organizations planning to use Bertha Briggs Building must register a request at the Department of Public Works office, pay a $225 user fee for each day requested and a $200 cleaning/ damage deposit.
(3) Deposits shall be refunded if the county's final inspection finds the shelter area(s) or Bertha Briggs Building clean and free of damage.
(4) User fees shall be waived for a maximum of three weekends per fiscal year to be distributed among the recognized San Benito County Veteran's Organizations and/or veterans organizations as defined in Cal. Military and Veterans Code § 1260(c), at the Veterans Memorial Park Commission's discretion, and for non-profit or governmental organizations using Veterans Memorial Park shelters to distribute goods or services to needy persons. Event dates must be coordinated with the Public Works Department by the veterans organizations six months in advance of event dates.
(1966 Code, § 11B-5) (Ord. 626, § B(5); Ord. 658, § A; Ord. 674, § 1; Ord. 704, § 2; Ord. 758, § 1; Ord. 894, §§ 1 - 3)