Article 1 - General Provisions

California Public Resources Code — §§ 5780-5780.9

Sections (6)

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(a)This chapter shall be known and may be cited as the Recreation and Park District Law.

(b)The Legislature finds and declares that recreation, park, and open-space facilities and services are important to improving and protecting the quality of life for all Californians. The Legislature further finds and declares that the provision of recreation, park, and open-space facilities and services are essential services which are important to the public peace, health, and welfare of California residents. Among the ways in which local communities have provided these facilities and services has been the creation and operation of recreation and park districts. For at least seven decades, state laws have authorized recreation and park districts to provide recreation programs, local parks, and open spaces. Local officials have used this statutory authority to serve the diversity of California’s communities and residents. In enacting this chapter, it is the intent of the Legislature to create and continue a broad statutory authority for a class of special districts that provides community recreation, park, and open-space facilities and recreation services within specified boundaries and under local control. It is also the intent of the Legislature that recreation and park districts cooperate with other public agencies and private organizations to deliver those facilities and services. Further, the Legislature encourages local communities and local officials to adapt the powers and procedures provided by this chapter to meet the diversity of their own local circumstances and responsibilities.

§ 5780.1

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

As used in this chapter:

(a)“Board of directors” means the board of directors of a district.

(b)“City” means any city whether general law or charter, including a city and county, and including any city the name of which includes the word “town.”

(c)“Community recreation” means recreation facilities and services engaged in under the control of a district.

(d)“District” means a recreation and park district created pursuant to this chapter or any of its statutory predecessors.

(e)“Local agency” means a city, county, city and county, special district, school district, community college district, community redevelopment agency, joint powers agency, or any other political subdivision of the state.

(f)“Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district.

(g)“Recreation” means any voluntary activity which contributes to the education, entertainment, or cultural, mental, moral, or physical development of the individual, group, or community that attends, observes, or participates. “Recreation” includes, but is not limited to, any activity in the fields of art, athletics, drama, habitat conservation, handicrafts, literature, music, nature study, open-space conservation, science, sports, and any formal or informal play that includes these activities.

(h)“Recreation facility” means an area, place, structure, or other facility under the jurisdiction of a public agency that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. “Recreation facility” includes, but is not limited to, an arts and crafts room, auditorium, beach, camp, community center, golf course, gymnasium, lake, meeting place, open space, park, parkway, playground, playing court, playing field, recreational reservoir, river, and swimming pool. A recreation facility may be owned or operated jointly by a district and other public agencies.

(i)“Voter” means a voter as defined by Section 359 of the Elections Code.

(j)“Zone” means a zone formed pursuant to Article 12 (commencing with Section 5791).

§ 5780.3

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(a)This chapter provides the authority for the organization and powers of recreation and park districts. This chapter succeeds the former Chapter 4 (commencing with Section 5780) as added by Chapter 2165 of the Statutes of 1957, as subsequently amended, and any of its statutory predecessors.

(b)Any recreation and park district organized or reorganized pursuant to the former Chapter 4 or any of its statutory predecessors which was in existence on January 1, 2002, shall remain in existence as if it had been organized pursuant to this part. Any zone of a recreation and park district formed pursuant to the former Article 10 (commencing with Section 5788) of the former Chapter 4 or any of its statutory predecessors which was in existence on January 1, 2002, shall remain in existence as if it had been formed pursuant to this chapter.

(c)Any general obligation bond, special tax, benefit assessment, fee, election, ordinance, resolution, regulation, rule, or any other action of a district taken pursuant to the former Chapter 4 or any of its statutory predecessors which was taken before January 1, 2002, shall not be voided solely because of any error, omission, informality, misnomer, or failure to comply strictly with this chapter.

§ 5780.5

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

This chapter is necessary for the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.

§ 5780.7

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

If any provision of this chapter or the application of any provision of this chapter in any circumstance or to any person, city, county, special district, school district, the state, or any agency or subdivision of the state is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application of the invalid provision, and to this end the provisions of this chapter are severable.

§ 5780.9

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

Any action to determine the validity of the organization of or of any action of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.