California Public Resources Code ARTICLE 3 - Regional Park, Park and Open-Space, and Open-Space Districts

• Section 5500.
  “District,” as used in this article, means any regional park district, regional park and open-space district, or regional open-space district formed pursuant to this article.(Amended...
• Section 5501.
  A district may be created pursuant to, and it may exercise the powers granted by, this article.(Amended by Stats. 1975, Ch. 813.)
• Section 5502.
  (a) Three or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, may organize and...
• Section 5503.
  Whenever it is desired to form a district, a petition requesting the creation and maintenance of a district, and describing the exterior boundaries of the...
• Section 5504.
  A petition may consist of any number of separate instruments, all of which together shall constitute one petition. Each instrument shall contain the affidavit of...
• Section 5505.
  If the petition contains names of electors residing in a county other than the one having the largest area within the proposed district, and does...
• Section 5506.
  If the petition contains sufficient signatures of electors residing in the county having the largest area within the proposed district, but the petition includes land...
• Section 5506.3.
  (a) (1) The Legislature hereby finds and declares that the population of San Diego County continues to grow at an increasing rate, and already the county is...
• Section 5506.4.
  (a) Proceedings for the formation of a district with boundaries coterminous with those of Napa County may be initiated by resolution of the Board of Supervisors...
• Section 5506.5.
  (a) If the exterior boundaries of a proposed district are coterminous with the exterior boundaries of the County of Marin or the County of Sonoma, proceedings...
• Section 5506.6.
  The governing body of a district formed pursuant to Section 5506.5 may, by resolution, change the legal name of the district to the “Marin County...
• Section 5506.7.
  (a) Proceedings for the formation of a district in Riverside County may be initiated by resolution of the Board of Supervisors of the County of Riverside,...
• Section 5506.8.
  (a) Proceedings for the formation of a regional park and open-space or regional open-space district in San Bernardino County may be initiated by resolution of the...
• Section 5506.9.
  (a) Proceedings for the formation of a regional park and open-space or regional open-space district with boundaries coterminous with those of Los Angeles County may be...
• Section 5506.10.
  (a) (1) The Legislature hereby finds and declares that the population of Sacramento County continues to grow at an increasing rate, and already the county is far...
• Section 5506.11.
  (a) A proceeding for the formation of a regional district in Santa Barbara County may be initiated by resolution of the Board of Supervisors of the...
• Section 5506.12.
  (a) A proceeding for the formation of a regional district in Ventura County may be initiated by resolution of the Board of Supervisors of the County...
• Section 5506.13.
  (a) A proceeding for the formation of a regional district in the County of Solano may be initiated by resolution of the Board of Supervisors of...
• Section 5507.
  If the clerk’s certificate or certificates indicate that the petition has been properly signed, the board of supervisors of the county or counties not having...
• Section 5508.
  Notice of the hearing, specifying the time and place, shall be published twice in a newspaper of general circulation in the county conducting the hearing....
• Section 5509.
  The hearing may be continued from time to time, not exceeding four weeks in all. At the conclusion of the hearing the board of supervisors...
• Section 5510.
  The board of supervisors of the county having the largest area within the proposed district shall then, by resolution, fix a time and place for...
• Section 5511.
  Notice of the hearing, specifying the time and place, shall be published twice in a newspaper of general circulation in the county conducting the hearing....
• Section 5512.
  The hearing may be continued from time to time, not exceeding four weeks in all. At the conclusion of the hearing, the board of supervisors...
• Section 5512.5.
  (a) Except as provided in Section 5506.6, the question whether the district shall be named a regional park district, regional park and open-space district, or regional...
• Section 5513.
  Where all the territory described in the petition is located entirely within one county, the board of supervisors of that county shall, after the petition...
• Section 5514.
  (a) The board of supervisors of the county having the largest area within the proposed district shall, if the petition, after the hearing, has been approved,...
• Section 5515.
  Before calling the election the board of supervisors shall divide the proposed district into five or seven wards or subdistricts, the boundaries of which shall...
• Section 5516.
  Upon establishing the wards the board of supervisors of the county shall give notice of an election to be held within the proposed district for...
• Section 5517.
  The notice shall be published once a week for at least three weeks before the day of the election in each municipality in the proposed...
• Section 5517.1.
  Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a...
• Section 5517.2.
  The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of...
• Section 5517.3.
  If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time...
• Section 5517.4.
  The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be...
• Section 5518.
  The ballots for the election shall contain such instructions as are required by law, and in addition the following: Shall the (giving the name) district...
• Section 5519.
  The election, including the nomination and election of directors and all matters not otherwise provided for by this article, shall be held and conducted and...
• Section 5520.
  The election returns shall be forwarded to the board of supervisors of the county having the largest area within the proposed district at the conclusion...
• Section 5521.
  The board of supervisors shall also canvass the returns of the election with respect to the persons voted for as directors, and shall declare the...
• Section 5522.
  A person is not entitled to serve as a director unless he is a resident and elector of the district as finally determined, and any...
• Section 5523.
  The directors shall hold their respective offices only until the first Monday after the first day of January next following the first general election held...
• Section 5524.
  The board of supervisors of the county having the largest area within the district shall cause a certified copy of the order declaring the district...
• Section 5525.
  The board of supervisors calling the election shall make all provisions for holding the election throughout the entire proposed district.The district shall pay the cost...
• Section 5526.
  No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any person, shall be held...
• Section 5526.1.
  Any action or proceeding in a district formed pursuant to Section 5506.5, in Sonoma County, in which the validity of the imposition of any tax...
• Section 5527.
  The government of each district shall be vested in a board of five or seven directors, one from each of the wards or subdistricts, together...
• Section 5527.1.
  (a) Notwithstanding Section 5527, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a...
• Section 5528.
  All elections and nominations of candidates for directors subsequent to the first shall be held and conducted in accordance with the general election laws of...
• Section 5529.
  At least 10 days before the date fixed for the district election, notice of the election shall be given by publication once in one or...
• Section 5530.
  The board of directors shall, in the notice, ordinance, or resolution calling an election, consolidate the district election with the election to be held at...
• Section 5531.
  The election shall be held in all respects as if there were only one election, and only one ticket or ballot shall be used. Nomination...
• Section 5532.
  (a) Except as otherwise provided in this section and Section 5531, Chapter 1 (commencing with Section 8000) of Part 1 of Division 8 of the Elections...
• Section 5533.
  Of the directors elected at the next general state election following the election at which the district is created, those three elected by the highest...
• Section 5533.5.
  Notwithstanding the provisions of Section 5533, with respect to any district formed after December 31, 1974, the board of directors shall at its first meeting...
• Section 5533.7.
  (a) Notwithstanding Sections 5533 and 5533.5, with respect to a district formed pursuant to Section 5506.12 where the board of directors of the district is appointed...
• Section 5534.
  The board of directors may by resolution or ordinance fix the boundaries of the wards or subdistricts for the purpose of electing directors, after the...
• Section 5534.5.
  Notwithstanding any provision in this article to the contrary, the board may at any time by ordinance alter the existing boundaries of the wards or...
• Section 5535.
  The board of directors shall choose one of its members president, and another vice president, who shall act for the president during his absence or...
• Section 5536.
  (a) The board shall establish rules for its proceedings.(b) The board may provide, by ordinance or resolution, that each of its members may receive an amount not...
• Section 5536.5.
  Members of the board of directors may be allowed actual necessary traveling and incidental expenses incurred in the performance of official business of the district...
• Section 5537.
  The board of directors is the legislative body of the district and shall determine all questions of policy.(Added by Stats. 1939, Ch. 94.)
• Section 5538.
  The board shall appoint a general manager, who shall be the chief administrative officer of the district, and a controller, and may appoint other subordinate...
• Section 5538.3.
  The officers and employees of the County of San Diego may act, ex officio, as officers and employees of the regional district formed pursuant to...
• Section 5538.4.
  If a district is created and established in Napa County, the district may contract with Napa County to furnish the services of the officers and...
• Section 5538.5.
  If the Board of Supervisors of the County of Marin acts as the governing body of a district pursuant to Section 5506.5, the respective officers...
• Section 5538.7.
  If a district is created and established in Riverside County, officers and employees of the County of Riverside may act, ex officio, as officers and...
• Section 5538.8.
  If a regional district is created and established in San Bernardino County, the regional district may contract with the County of San Bernardino to furnish...
• Section 5538.9.
  If the regional district is created and established in Los Angeles County, officers and employees of the County of Los Angeles may act, ex officio,...
• Section 5538.10.
  The officers and employees of the County of Sacramento may act, ex officio, as officers and employees of the regional district formed pursuant to Section...
• Section 5539.
  A district:(a) Has perpetual succession.(b) May sue and be sued, except as otherwise provided by law, in all actions and proceedings in all courts or tribunals of...
• Section 5539.3.
  (a) (1) The Legislature hereby finds and declares that the land acquisition, improvements, and services provided by the regional district formed pursuant to Section 5506.3 will specifically...
• Section 5539.4.
  The formation of a district with boundaries coterminous with those of Napa County is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000...
• Section 5539.5.
  For purposes of open space, parkland acquisition, and development, all provisions of the Improvement Act of 1911 (Division 7 (commencing with Section 5000), Streets and...
• Section 5539.7.
  (a) In addition to the authority conferred in Section 5539.5, all provisions of the Landscaping and Lighting Act of 1972 (Division 15 (commencing with Section 22500)...
• Section 5539.8.
  (a) In addition to the authority conferred in Section 5539.5, all provisions of the Landscaping and Lighting Act of 1972 (Division 15 (commencing with Section 22500)...
• Section 5539.9.
  (a) In addition to the authority conferred in Section 5539.5, the Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15...
• Section 5539.10.
  (a)(1) The Legislature hereby finds and declares that the land acquisition, improvements, and services provided by the regional district formed pursuant to Section 5506.10 will specifically...
• Section 5540.
  A district may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and...
• Section 5540.1.
  Notwithstanding Section 5540, the Midpeninsula Regional Open Space District shall not exercise the power of eminent domain to acquire any real property or any interest...
• Section 5540.2.
  (a) The Legislature finds and declares as follows:(1) The sale of private watershed lands owned by the water company in the Upper Guadalupe watershed, including the Los...
• Section 5540.5.
  (a) Notwithstanding Section 5540, a district, with the approval by a unanimous vote of the members of its board of directors, may exchange real property, or...
• Section 5540.6.
  Notwithstanding Section 5540, a district may, with the approval by a four-fifths vote of the board of directors, convey to another public agency any real...
• Section 5541.
  A district may plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain a system of public parks, playgrounds, golf courses,...
• Section 5541.1.
  The East Bay Regional Park District may plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain vehicular recreational areas and...
• Section 5541.2.
  The Riverside County Regional Park and Open-Space District may plan, acquire, preserve, protect, and otherwise improve, extend, control, operate, and maintain open-space areas, greenbelt areas,...
• Section 5541.3.
  The district may develop, improve, operate, and maintain the real property conveyed pursuant to Section 5003.12 as a part of the Midpeninsula Regional Open Space...
• Section 5542.
  A district may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this article.A district may...
• Section 5542.5.
  (a) Notwithstanding any other provision of law to the contrary, and except as provided in subdivision (b), when property, whether owned in fee or lesser title...
• Section 5543.
  A district may make contracts, employ labor, and do all acts necessary for the full exercise of its powers.(Added by Stats. 1939, Ch. 94.)
• Section 5544.
  A district may borrow money, incur indebtedness, and issue bonds or other evidences of such indebtedness, but it shall not incur any funded indebtedness except...
• Section 5544.1.
  Notwithstanding any other provisions of this article, the board may borrow money by the issuance of promissory notes or other evidences of indebtedness in an...
• Section 5544.2.
  (a) A district may acquire all necessary and proper lands and facilities, or any portion thereof, by means of a plan to borrow money or by...
• Section 5544.3.
  The district may, pursuant to Section 5544, borrow not to exceed one hundred thousand dollars ($100,000) to cover operating expenses between the time of formation...
• Section 5545.
  It may levy and collect, or cause to be levied and collected, taxes to carry out any of its objects or purposes and to pay...
• Section 5545.1.
  The board may submit a proposition to the electors of the district for an increase in the maximum rate of tax specified by Section 5545....
• Section 5545.3.
  In the event the board of directors proposes to submit a special tax, as provided in Section 50077 of the Government Code, and a bond...
• Section 5545.5.
  (a) In addition to the tax authorized by Section 5545, the East Bay Regional Park District may, beginning with the fiscal year 1972–1973, levy and collect,...
• Section 5545.6.
  Any tax imposed under Section 5545 by a district formed pursuant to Section 5506.5 shall be used exclusively for the acquisition of open-space, park, or...
• Section 5546.
  A district may contribute money, in those amounts the board of directors, by resolution, finds to be proper, to the State Park and Recreation Commission...
• Section 5547.
  The board of directors shall act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. The ayes and noes...
• Section 5548.
  The president shall preside over all meetings of the board. He shall sign all contracts and conveyances on behalf of the district after they have...
• Section 5549.
  (a) The general manager has the following administrative and executive functions, powers, and duties. The general manager shall do all of the following:(1) Enforce this article and...
• Section 5550.
  (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, applies to all districts.(b) A board of...
• Section 5551.
  The secretary of the board, the administrative secretary, or the clerk, as the case may be, shall countersign and affix the seal to all contracts...
• Section 5552.
  The controller is the custodian of the funds of the district and shall make payments by check or by warrant drawn upon the district’s depositories...
• Section 5552.1.
  Notwithstanding Section 5552, the boards of directors of the Riverside County Regional Park and Open-Space District and the Sonoma County Agricultural Preservation and Open Space...
• Section 5553.
  The controller shall install and maintain a system of auditing and accounting, which will at all times show the financial condition of the district, and...
• Section 5553.5.
  All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940)...
• Section 5555.
  The directors of the district, before assuming the duties of their office, shall take and subscribe an official oath, and file it in the office...
• Section 5556.
  The board may appoint, employ, or contract for the services of attorneys, consultants, advisers, and such other experts as they deem necessary, and shall authorize...
• Section 5557.
  The board shall have a suitable office in the district where its maps, plans, documents, records, and accounts shall be kept, subject at all reasonable...
• Section 5557.1.
  The board may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the original or a permanent photographic reproduction...
• Section 5557.2.
  A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.(Amended by...
• Section 5558.
  (a) The board shall superintend, control, and make available to all of the inhabitants of the district, subject to its ordinances, rules, and regulations, all public...
• Section 5558.1.
  The Board of Directors of the East Bay Regional Park District shall superintend, control, and make available to all of the inhabitants of the district,...
• Section 5559.
  The board may adopt regulations, and it shall cause the regulations made by it to be posted upon park or other property of the district...
• Section 5560.
  (a) Violation of an ordinance, rule, or regulation adopted pursuant to this article is a misdemeanor punishable by a fine not to exceed one thousand dollars...
• Section 5560.1.
  In order to protect property, improvements, and facilities of parks under its management or belonging to the district and to preserve the peace within such...
• Section 5560.5.
  (a) A district may enact in its ordinances clauses which provide that if any person is arrested for a violation of the ordinance, and such person...
• Section 5560.6.
  A district may enact in its ordinances clauses which prohibit any person from willfully violating his written promise to appear in court regardless of the...
• Section 5560.7.
  A district may further provide in its ordinance that when a person signs a written promise to appear at the time and place specified in...
• Section 5560.8.
  A district may enact the foregoing as a separate and distinct ordinance which shall apply to all or one or more of its ordinances.(Amended by...
• Section 5561.
  The police appointed or employed by the board shall have, within the district for which they are appointed or employed, all the powers of police...
• Section 5561.5.
  The board may provide by resolution or regulation for the care, restitution, sale, or destruction of unclaimed property in the possession of the district. Any...
• Section 5561.6.
  The district shall be primarily responsible for the prevention and suppression of all fires on any lands in its possession or control, excluding all lands...
• Section 5562.
  The board may acquire, construct, improve, maintain, and operate golf courses, bathhouses, boathouses, tennis courts, gymnasiums, and other special amusements and forms of recreation, and...
• Section 5563.
  If, in the opinion of the board, any land or property owned by the district, or any interest therein, becomes unnecessary for the purposes of...
• Section 5563.5.
  Notwithstanding Sections 5540 and 5563, the Board of Directors of the Midpeninsula Regional Open Space District may, and the Board of Directors of the East...
• Section 5563.7.
  Notwithstanding Sections 5540 and 5563, the Board of Directors of the East Bay Regional Park District may, without obtaining the consent of the voters, lease...
• Section 5564.
  Whenever it is necessary or advisable to acquire or construct any works, structures, or embankments, in order to protect the property of the district from...
• Section 5565.
  The legal title to all property acquired by the district under the provisions of this article shall immediately and by operation of law vest in...
• Section 5565.5.
  (a) With the consent of the board of directors of a district, an irrevocable offer of dedication of real property or any interest in real property...
• Section 5566.
  It is the intent of the Legislature to provide a district with authority to impose special taxes. A district may impose special taxes pursuant to...
• Section 5567.
  Every director and every other officer named in this article who is, in any manner interested, directly or indirectly, in any contract awarded, or to...
• Section 5568.
  For the purpose of acquiring, constructing, or completing any improvement or improvements authorized by this article, or for the purpose of acquiring any land or...
• Section 5569.
  For the purpose of paying all sums coming due for principal and interest on all bonds of the district, there shall be levied and collected...
• Section 5570.
  On or before the second Monday in August of each year, the county auditor of each county in which any portion of a district is...
• Section 5571.
  The board of supervisors of each county in which any part of the district is located, shall, at the time of making the general tax...
• Section 5572.
  The boundaries of any district may be altered and new contiguous territory annexed, incorporated, and included and made a part of the district.(Amended by Stats....
• Section 5572.1.
  Where the annexation of territory to a district would otherwise be valid, except that such annexed territory was not within the boundaries of a municipal...
• Section 5580.
  (a) Notwithstanding Section 5594 or any other law, upon approval by the board of directors of the Midpeninsula Regional Open Space District, the design-build process described...
• Section 5590.
  The bonds of any district issued pursuant to this article, are legal investments for all trust funds, and for the funds of all insurance companies,...
• Section 5591.
  All bonds issued under the provisions of this article shall have the same force, value, and use as bonds issued by any municipality in this...
• Section 5593.
  All matters and things necessary for the proper administration of the affairs of districts which are not provided for in this article shall be provided...
• Section 5594.
  All contracts for furnishing supplies, materials, labor, or other valuable consideration furnished the district, for maintenance projects involving contractor services to preserve, maintain, or repair...
• Section 5595.
  This article shall be liberally construed to promote its objects and to carry out its intents and purposes.(Added by Stats. 1939, Ch. 94.)

Last modified: October 22, 2018