Author Topic: CA State Park Provision Conflict  (Read 1865 times)

2Rivers

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CA State Park Provision Conflict
« on: April 14, 2015, 09:04:48 PM »
Hello,

I'm hoping that some here can share any experiences regarding this provision. I'm a kiteboarder, surfer, and paddler. I've seen some chatter online about individuals who have gone to CA State Parks and have been told that they are not permitted to paddle or kite there. The rangers have sited CA's Code of Regulations pertaining to Floating Devices (provision 4652).

It states: "No person shall use, operate, or bring into and open zone, floating devices such as rubber crafts, surfboards, surfmats, buoys, kites, experimental crafts, or any other floating device other than those approved boats, aquaplanes or water-skis and related equipment. The Department may permit the use of certain unauthorized floating devices in open zones on occasions where traffic is such as to render them safe and during special events, games, test, or experiments."

I contacted the state department and inquired about this provision as it is quite vague. What was unclear was the definition of an "open zone". They inquired with their lawyer and were told that an "open zone" is any area that's not restricted or protected (i.e. wildlife sanctuary, swimming zone, marina, etc). The person in charge was quite baffled that a provision like this even existed. They said they're willing to remove or at least revise this provision to be more clear and concise, but they need to document some experiences of park users being sited and/or restricted by rangers based on this provision in order to take action.

If anyone here has encountered any issues pertaining to this provision, please share your experience(s) and the specific CA State Park(s) in which it took place. The more evidence that's provided the better. Not only will the provision be revised or removed, but they've indicated that they'll also re-train their rangers to the correct protocols regarding this provision. Thanks.
https://govt.westlaw.com/calregs/Document/IE41D06E0D48511DEBC02831C6D6C108E?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
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Califoilia

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Re: CA State Park Provision Conflict
« Reply #1 on: April 14, 2015, 09:16:46 PM »
2rivers, you might want to take a look at the "SUP Advocacy" forum on this site, and take a look at this thread to start with.

You are not the first to encounter this, nor the first to take up the cause...I wish you the best, and offer my assistance when and where you might need it.  I offered this last September....if that's of any help.
Me: 6'1"/185...(2) 5'1" Kings Foil/Wing Boards...7'10 Kings DW Board...9'6" Bob Pearson "Laird Noserider"...14' Lahui Kai "Manta"...8'0" WaveStorm if/when the proning urges still hit.

2Rivers

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Re: CA State Park Provision Conflict
« Reply #2 on: April 14, 2015, 10:01:33 PM »
Thanks for the response SanoSup. I overlooked the SUP Advocacy page. (moderators please move this if preferred)
I'm not 100% positive, but I believe these provisions are for inland waters like the SF Bay, Sacramento/San Joaquin Delta, and various lakes around the state. I'll try to confirm this.
The oddest part is this specific provision is basically saying that anyone that's playing on the water (accessed through the park) with something that floats is in violation. Huh? This is why the person in charge of these provisions was so confused and baffled that this existed... it makes zero sense. So far I got their full support, including their lawyer, on getting this provision fixed. They just need as much documentation as possible. So far I've found three incidents. Another park sited this provision to some users, but stated they were not going to enforce it because it was so vague. This evidence shows an inconsistent pattern on how this provision is being addressed and enforced and it supports the need to have it removed or revised. Thanks.
« Last Edit: April 14, 2015, 10:09:26 PM by 2Rivers »
King's Type-S 14' | Soul Firestorm 8'9
ZRE Power Surge ZX4 80sq" | Kialoa Big Eddy
Larry Allison Dolphin Keel

 


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