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APPENDIX C LEGAL ISSUES The following sections of the California State Codes apply to pedestrians, cycling and trails and are provided as convenient reference sources concerning the
legal implications of walking or operating a bicycle on the roadways within the state of California, as well as the statuatory immunities provided to property owners who allow trails
on their properties. 1. TRAIL LIABILITY DEFENSES AND IMMUNITIES 2. HAZARDOUS RECREATIONAL ACTIVITIES 3. RECREATIONAL TRAILS ACT 4. PEDESTRIAN USE OF ROADWAYS 5. BICYCLE USE OF ROADWAYS
6. UNAUTHORIZED MOTOR VEHICLE USE ON TRAILS
Legal Issues City of Temecula Page C-2 Appendix C 1. TRAIL LIABILITY DEFENSES AND IMMUNITIES Originally prepared by D. Wayne Brechtel, Esq. for the Southern California Regional Trails
and Open Space Conference on March 25, 2000; reprinted with permission. 1.1 Introduction The California Legislature has enacted a broad array of statutory immunities to protect private
and public land owners who allow their proper(a) Actual or constructive knowledge of the peril to be apprehended; (b) Actual or constructive knowledge of the injuries probable, as opposed
to a possible result of the danger; and (c) Conscious failure to act to avoid the peril. Example: Failing to warn of a road leading to the edge of a cliff. Termini v. U.S. (1992) 963
F.2d 1264. 2) Where money or other consideration is paid to the land owner for the recreational use; or 3) Where the user is expressly invited rather than merely permitted to enter the
premises. 1.3.3 Recent Case Law General invitations to the public have been held to not be “express invitations” that the defeat the immunity. Coryell v. U.S. (1994) 855 F.Supp. 1120.
[General invite by the government to an air show was not an express invitation]; Casas v. U.S. Marine Corp. (1998) 19 F.Supp. 2d 1104. [Government’s general invite to the public to participate
in a recreational race was not an “express invitation”.] However, a personal invitation, regardless of its purpose, is enough to defeat the immunity. In Calhoon v. Lewis (2000) 96 Cal.Rptr.2d
394, property owners invited a minor onto the property for the purpose of picking up their son. The minor skateboarded on the property and was injured. The Court held that the statutory
immunity did not apply because the minor had been “expressly” invited on the property. The rationale of the decision is that property owners knowingly assume responsibility for invited
guests. On a brighter note, the homeowners were still found not liable because the minor had knowingly assumed the risk of a dangerous hobby. The same rational would apply to trail trail
users who knowingly engage in activities that could cause injury, such as mountain biking or horse riding. In Shipman v. Boething Treeland Farms, Inc. (2000) 77 Cal.App.4th 1424, A teenager
drove his ATV on the dirt road of a private tree farm to look at a pond. He did not pay and was not invited onto the property. The teenager was struck by a worker who was driving a pickup
truck with an injured eye. The court found the recreational immunity of §846 barred recovery from the landowner and the driver of the truck who was an employee. The court made clear
that the protection of §846 is not limited to injuries caused directly by a condition of the land, but also encompasses injuries caused by the allegedly negligent operation of vehicles
on the land. Further, any negligence on the part of the driver was immunized by §846. In Bacon v. Southern California Edison Company (1997) 53 Cal.App.4th 854, Southern California Edison
was not liable for injuries caused to a thirteen year old boy who entered property and climbed an electrical transmission tower. There was no evidence that Edison “willfully and maliciously”
failed to guard or warn against the tower’s dangers. The plaintiff argued that the signs were hidden by a brush and the wire intended to block climbers was in disrepair. The Court found
that these facts established, at best, negligence which was immunized. Further, the fact that Edison made an effort to protect against a danger was sufficient evidence to overcome a
finding of willful or malicious failure to guard or warn.
Appendix C Page C-3 Multi-Use Trails and Bikeways Master Plan 1.4 Related Statutes 1.4.1 Right of Reimbursement For Legal Fees (Civil Code §846.1) Section 846.1 of the Civil Code, enacted
in 1996, provides private land owners and public land trusts with the right to seek reimbursement for attorney’s fees incurred to successfully defend a lawsuit arising from the recreational
use of their property. Up to $25,000.00 can be paid by the State Board of Control if the following requirements are met: 1. The property owner gave permission to the public for entry
or use of the real property pursuant to an agreement with a public or non-profit agency; 2. The property owner prevails in the civil action by way of motion, trail or dismissal without
payment to the claimant; and 3. The action arose from use of the property pursuant to the agreement with a public agency. This is not expressly set forth in the statute, but is likely
to be inferred as a requirement to any claim. In other words, claims wholly unrelated to the the recreational use of the property are not likely to be covered by the reimbursement provisions
of §846.1. The statute provides for reimbursement of up to $200,000.00 each year. To date, no claim for reimbursement of attorney’s fees has been made. Section 846.1 remains the unappreciated
step-child. 1.4.2 San Diego County Trail Defense And Indemnification Ordinance In August 2000, the County of San Diego adopted a Trail Defense And Indemnification Ordinance, Section
812.101 et seq. The Ordinance provides for a specific indemnification by the County for: “The owner of any parcel of land on which, or adjacent to which, a trail has been or is expressly
dedicated for public use as an equestrian, pedestrian, or other type of non-motorized recreational right-of-way and expressly accepted by the County of San Diego on behalf of the public...”
This is an additional tool that can be used effectively by individuals and organizations seeking to create and promote a countywide trail system in San Diego County. It could also serve
as a model for other jurisdictions. 1.4.3 California Recreational Trails Act Additional immunity for trail owners may be available through the California Recreational Trails Act, Pub.
Res. Code Section 5070 et seq. This Act provides for the creation of a statewide trail system in coordination with local cities, counties and other agencies. Section 5075.4 of the Act
provides indemnity for owners of property adjacent to public trails. No adjoining property owner is liable for any actions of any type resulting from, or caused by, trail users trespassing
on adjoining property, and no adjoining property owner is liable for any actions of any type started on, or taking place within, the boundaries of the trail arising out of the activities
of the parties. This immunity would definitely apply to property adjacent to trails within the California Recreational Trails System. The immunity may also apply to property adjacent
to other public trails given that one of the purposes of the act is to “[e]ncourage ncourage the development by cities, counties, districts and private groups of recreational interpretive
trails... Pub. Res. Code Section 5070.5(h). This is an initial opinion of the author of these materials and not a conclusive answer. At this point, there are no published cases interpreting
the extent of the immunity.
Legal Issues City of Temecula Page C-4 Appendix C 1.5 Public Property (Owned Or Controlled By Public Entities) A. What Is A Public Entity? “Public Entity” includes the State, the Regents
of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.” Government Code §811.2.
1.5.1 Trail Immunity (Government Code §831.4) Under Government Code §831.4, a public entity is absolutely immune from liability for injuries caused by a physical defect of a “trail”
used for hiking, riding, or access to recreational or scenic areas. Section 831.4 provides, in relevant part: A public entity, public employee, or grantor of a public easement to a public
entity for any of the following purposes is not liable for an injury caused by a condition of : (a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding,
including animal and all types of vehicular riding, water sports, recreational or scenic areas... (b) Any trail use for the above purposes. (c) Any paved trail…on an easement which provides
access to any unimproved property... 1. Use Of A Road Or Trail For Recreational Purposes Alone Is Enough. In Armenio v. County of San Mateo (1994) 28 Cal.App.4th 413, the Court conducted
an extensive review of the legislative history of §831.4 and concluded that its immunity provisions applied to recreational use of the trail itself for bike riding. 28 Cal.App. 4th 413,
417-18. 2. Paved Bike Trail Used for Recreational Purposes Covered By §831.4(b) In Farnham v. City of Los Angeles (1999) 68 Cal.App.4th 1097, the plaintiff was riding his bike on a bikeway
when the pavement gave way and sent him into a ditch. The Court held that immunity of §831.4(b) applied regardless of the fact that the bicycle path might also be part of the “streets
and highway systems” and regardless of the fact that it was paved. Subdivision (b) immunizes a public agency for injuries caused by a condition of “any trail used for...” defined defined
recreational purposes and is not limited to unpaved trails (68 Cal.App.4th 1097, 1100). See also, Carroll v. County of Los Angeles (1998) 60 Cal.App.4th 606 (County not liable for injuries
caused to in-line roller skater on county-owned, paved bicycle path). 3. No Liability For Injury To Horseback Rider Caused By An Allegedly Negligent Mountain Biker State of California
v. Superior Court (1995) 32 Cal.App.4th 325 (State not liable for injury caused to horseback rider who was thrown on a public trail when her horse was spooked by an allegedly negligent
mountain bike rider). 1.5.2 Natural Condition Immunity Section 831.2 of the Government Code provides that a public entity is not liable for injury caused by a “natural condition of any
unimproved public property.” This section might provide an additional layer of protection for informal trails that are not part of an established system. It would also apply to offthe-trail
injuries caused by natural conditions. 1. Attacks By Wildlife While Hiking On Trails Or In Unimproved Areas Covered By The Natural Condition Immunity.
Appendix C Page C-5 Multi-Use Trails and Bikeways Master Plan See Arroyo v. State of California (1995) 34 Cal.App.4th 755 (State not liable for injuries caused to a child who was mauled
by a mountain lion while hiking on a trail). 2. When Does Property Transform From A Natural To An Unnatural Condition? In many instances, work on real property is done to create, recreate
or maintain natural conditions. In these situations, the line between natural and unnatural conditions is blurred. The following is an overview of some guidance provided by case law.
The immunity provisions of §831.2 generally apply to man-made, as well as natural bodies of water. Case Osgood v. County of Shasta (1975) 50 Cal.App.3rd 586. Work which replicates historic
conditions may be deemed “natural” even though actually resulting from artificial influences. County of Sacramento v. Superior Court (1979) 89 Cal.App.3rd 215. (Artificially controlled
river flow did not defeat natural condition immunity) Just because a body of water is physically altered does not, in and of itself, remove it from the provisions of §831.2. However,
“reasonable risk management” may be necessary following physical changes. Keyes v. Santa Clara Valley Water District (1982) 128 Cal.App.3rd 882. See also Buchanan v. City of Newport
Beach (1975) 50 Cal.App.3rd 221 (no immunity where the plaintiff was injured while surfing at the Wedge in Newport Beach, a steeply sloped beach that had been raised 27 feet by deposits
of sand dredged from the harbor channel). The longer the period of time between the manmade modification and the occurrence of an accident, the more likely a Court will uphold §831.2
immunity. See Tessier v. City of Newport Beach (1990) 219 Cal.App.3rd 310. 1.5.3 Immunity For Hazardous Recreational Activities (Government Code 831.7) Government Code §831.7(a) provides
that “neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity... for any damage or injury to property or persons arising
out of that hazardous recreational activity.” Hazardous recreational activity is one which creates a substantial, rather than a minor or trivial risk of injury. Section 831.7(b) sets
forth a list of hazardous recreational activities, such as animal riding, bicycle racing or jumping, boating, hang gliding and surfing. The hazardous recreational immunity does not apply
in the following circumstances: 1. Where there is a failure to “guard or worn of a known dangerous condition or of another hazardous recreation activity known to the public entity or
employee that is not reasonably assumed by the participant as part of the hazardous recreational activity...” 2. Where the public agency received or charged a fee for the hazardous recreational
activity. The fee must be specific to the hazardous activity and not a general park admission or parking fee. Cal. Gov’t. Code §831.7(c)(2). 3. Failure to maintain in good repair any
structure or work of improvement used in the hazardous recreational activity. Cal. Gov’t. Code §831.7(c)(3). 4. Gross negligence. Cal. Gov’t. Code §831.7(c)(4)(5). 1.5.4 Design Immunity
(Government Code §830.6)
Legal Issues City of Temecula Page C-6 Appendix C In instances where a claimant alleges that an injury was caused by a design feature of a trail, such as the width or slope, §830.6 of
the Government Code would provide design immunity if the following requirements are satisfied: 1. The injury was caused by an approved feature of the design; 2. The design was approved
by an authorized public official; and 3. The plan or design was reasonable at the time it was approved. 1.6 Conclusion The statutory immunities provide a good umbrella of protection
for property owners who are willing to allow use of their property for recreational purposes. Insuring that concerned land owners are aware of these immunities should help alleviate
many concerns regarding potential liability. Of course, the immunities have their limits, and it is important that public agencies and private property owners maintain general liability
insurance for claims that might fall outside of the statutory immunities and also that they exercise due care to avoid triggering one of the exceptions to the statutory immunities.
Appendix C Page C-7 Multi-Use Trails and Bikeways Master Plan CALIFORNIA GOVERNMENT CODE HAZARDOUS RECREATIONAL ACTIVITIES SECTIONS 830-831.9 830. As used in this chapter: (a) “Dangerous
condition” means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is
used with due care in a manner in which it is reasonably foreseeable that it will be used. (b) “Protect against” includes repairing, remedying or correcting a dangerous condition, providing
safeguards against a dangerous condition, or warning of a dangerous condition. (c) “Property of a public entity” and “public property” mean real or personal property owned or controlled
by the public entity, but do not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public
entity. 830.1. For purposes of this chapter, seismic safety improvements or fire sprinkler sprinkler improvements which are owned, built, controlled, operated, and maintained by the
private owner of the building in which they are installed are not public property or property of a public entity solely because the improvements were financed, in whole or in part, by
means of the formation of a special assessment district. 830.2. A condition is not a dangerous condition within the meaning of this chapter if the trial or appellate court, viewing the
evidence most favorably to the plaintiff, determines as a matter of law that the risk created by the condition was of such a minor, trivial or insignificant nature in view of the surrounding
circumstances that no reasonable person would conclude that the condition created a substantial risk of injury when such property or adjacent property was used with due care in a manner
in which it was reasonably foreseeable that it would be used. 830.4. A condition is not a dangerous condition within the meaning of this chapter merely because of the failure to provide
provide regulatory traffic control signals, stop signs, yield right-of-way signs, or speed restriction signs, as described by the Vehicle Code, or distinctive roadway markings as described
in Section 21460 of the Vehicle Code. 830.5. (a) Except where the doctrine of res ipsa loquitur is applicable, the happening of the accident which results in the injury is not in and
of itself evidence that public property was in a dangerous condition. (b) The fact that action was taken after an injury occurred to protect against a condition of public property is
not evidence that the public property was in a dangerous condition at the time of the injury. 830.6. Neither a public entity nor a public employee is liable under this chapter for an
injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement
by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity
with standards previously so approved, if the trial or appellate court determines that there is any substantial evidence upon the basis of which (a) a reasonable public employee could
have adopted the plan or design or the standards therefor or (b) a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor.
Notwithstanding notice that constructed or improved public property may no longer be in conformity with a plan or design or a
Legal Issues City of Temecula Page C-8 Appendix C standard which reasonably could be approved by the legislative body or other body or employee, the immunity provided by this section
shall continue for a reasonable period of time sufficient to permit the public entity to obtain funds for and carry out remedial work necessary to allow such public property to be in
conformity with a plan or design approved by the legislative body of the public entity or other body or employee, or with a plan or design in conformity with a standard previously approved
by such legislative body or other body or employee. In the event that the public entity is unable to remedy such public property because of practical impossibility or lack of sufficient
funds, the immunity provided by this section shall remain so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of the condition not conforming
to the approved plan or design or to the approved standard. However, where a person fails to heed such warning or occupies public property despite such warning, such failure or occupation
shall not in itself constitute an assumption of the risk of the danger indicated by the warning. 830.8. Neither a public entity nor a public employee is liable under this chapter for
an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code. Nothing in this section exonerates a public entity or
public employee from liability for injury proximately caused by such failure if a signal, sign, marking or device (other than one described in Section 830.4) was necessary to warn of
a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care.
830.9. Neither a public entity nor a public employee is liable for an injury caused by the operation or nonoperation of official traffic control signals when controlled by an emergency
vehicle in accordance with the provisions of subdivision (a) of Section 25258 of the Vehicle Code. 831. Neither a public entity nor a public employee is liable for an injury caused by
the effect on the use of streets and highways of weather conditions as such. Nothing in this section exonerates a public entity or public employee from liability for injury proximately
caused by such effect if it would not be reasonably apparent to, and would not be anticipated by, a person exercising due care. For the purpose of this section, the effect on the use
of streets and highways of weather conditions includes the effect of fog, wind, rain, flood, ice or snow but does not include physical damage to or deterioration of streets and highways
resulting from weather conditions. 831.2. Neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including
but not limited to any natural condition of any lake, stream, bay, river or beach. 831.21. (a) Public beaches shall be deemed to be in a natural condition and unimproved notwithstanding
the provision or absence of public safety services such as lifeguards, police or sheriff patrols, medical services, fire protection services, beach cleanup services, or signs. The provisions
of this section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this division. (b) This section
shall only be applicable to causes of action based upon acts or omissions occurring on or after January 1, 1988. 831.25. (a) Neither a public entity nor a public employee is liable for
any damage or injury to property, or for emotional distress unless the plaintiff has suffered substantial physical injury, off the public entity’s property caused by land failure of
any unimproved public property if the land failure was caused by a natural condition of the unimproved public property.
Appendix C Page C-9 Multi-Use Trails and Bikeways Master Plan (b) For the purposes of this section, a natural condition exists and property shall be deemed unimproved notwithstanding
the intervention of minor improvements made for the preservation or prudent management of the property in its unimproved state that did not contribute to the land failure. (c) As used
in this section, “land failure” means any movement of land, including a landslide, mudslide, creep, subsidence, and any other gradual or rapid movement of land. (d) This section shall
not benefit any public entity or public employee who had actual notice of probable damage that is likely to occur outside the public property because of land failure and who fails to
give a reasonable warning of the danger to the affected property owners. Neither a public entity nor a public employee is liable for any damage or injury arising from the giving of a
warning under this section. (e) Nothing in this section shall limit the immunity provided by Section 831.2. (f) Nothing in this section creates a duty of care or basis of liability for
damage or injury to property or of liability for emotional distress. 831.3. Neither a public entity nor a public employee is liable for any injury occurring on account of the grading
or the performance of other maintenance or repair on or reconstruction or replacement of any road which has not officially been accepted as a part of the road system under the jurisdiction
of the public entity if the grading, maintenance, repair, or reconstruction or replacement is performed with reasonable care and leaves the road in no more dangerous or unsafe condition
than it was before the work commenced. No act of grading, maintenance, repair, or reconstruction or replacement within the meaning of this section shall be deemed to give rise to any
duty of the public entity to continue any grading, maintenance, repair, or reconstruction or replacement on any road not a part of the road system under the public entity’s jurisdiction.
As used in this this section “reconstruction or replacement” means reconstruction or replacement performed pursuant to Article 3 (commencing with Section 1160) of Chapter 4 of Division
2 of the Streets and Highways Code. 831.4. A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for
an injury caused by a condition of: (a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding, water
sports, recreational or scenic areas and which is not a (1) city street or highway or (2) county, state or federal highway or (3) public street or highway of a joint highway district,
boulevard district, bridge and highway district or similar district formed for the improvement or building of public streets or highways. (b) Any trail used for the above purposes. (c)
Any paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity, which easement provides access to any unimproved property, so long as such
public entity shall reasonably attempt to provide adequate warnings of the existence of any condition of the paved trail, walkway, path, or sidewalk which constitutes a hazard to health
or safety. Warnings required by this subdivision shall only be required where pathways are paved, and such requirement shall not be construed to be a standard of care for any unpaved
pathways or roads.
Legal Issues City of Temecula Page C-10 Appendix C 831.5. (a) The Legislature declares that innovative public access programs, such as agreements with public land trusts, can provide
effective and responsible alternatives to costly public acquisition programs. The Legislature therefore declares that it is beneficial to the people of this state to encourage private
nonprofit entities such as public land trusts to carry out programs that preserve open space or increase opportunities for the public to enjoy access to and use of natural resources
if the programs are consistent (1) with public safety, (2) with the protection of the resources, and (3) with public and private rights. (b) For the purposes of Sections 831.2, 831.25,
831.4, and 831.7, “public entity” includes a public land trust which meets all of the following conditions: (1) It is a nonprofit organization existing under the provisions of Section
501(c) of the United States Internal Revenue Code. (2) It has specifically set forth in its articles of incorporation, as among its principal charitable purposes, the conservation of
land for public access, agricultural, scientific, historical, educational, recreational, scenic, or open-space opportunities. (3) It has entered into an agreement with the State Coastal
Conservancy for lands located within the coastal zone, as defined in Section 31006 of the Public Resources Code, with the California Tahoe Conservancy or its designee for lands located
within the Lake Tahoe region, as defined in subdivision (c) of Section 66953 of the Government Code, or with the State Public Works Board or its designee for lands not located within
the coastal zone or the Lake Tahoe region, on such terms and conditions as are mutually agreeable, requiring the public land trust to hold the lands or, where appropriate, to provide
nondiscriminatory public access consistent with the protection and conservation of either coastal or other natural resources, or both. The conservancy or the board, as appropriate, shall
periodically review the agreement and determine whether the public land trust is in compliance with the terms and conditions. In the event the conservancy or the board determines that
the public land trust is not in substantial compliance with the agreement, the conservancy or the board shall cancel the agreement, and the provisions of Sections 831.2, 831.25, 831.4,
and 831.7 shall no longer apply with regard to that public land trust. (c) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7, “public
employee” includes an officer, authorized agent, or employee of any public land trust which is a public entity. 831.6. Neither the State nor an employee of the State is liable under
this chapter for any injury caused by a condition of the unimproved and unoccupied portions of: (a) The ungranted tidelands and submerged lands, and the beds of navigable rivers, streams,
lakes, bays, estuaries, inlets and straits, owned by the State. (b) The unsold portions of the 16th and 36th sections of school lands, the unsold portions of the 500,000 acres granted
to the State for school purposes, and the unsold portions of the listed lands selected of the United States in lieu of the 16th and 36th sections and losses to the school grant. 831.7.
(a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or
to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the
place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity. (b) As used in this
section, “hazardous recreational activity” means a recreational activity conducted on property of a public entity which creates a
Appendix C Page C-11 Multi-Use Trails and Bikeways Master Plan substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator.
“Hazardous recreational activity” also means: (1) Water contact activities, except diving, in places where or at a time when lifeguards are not provided and reasonable warning thereof
has been given or the injured party should reasonably have known that there was no lifeguard provided at the time. (2) Any form of diving into water from other than a diving board or
diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given. (3) Animal riding, including equestrian competition,
archery, bicycle racing or jumping, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel
driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving, sport parachuting, paragliding, body contact sports (i.e., sports
in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants), surfing, trampolining, tree climbing, tree rope swinging, waterskiing, white
water rafting, and windsurfing. For the purposes of this subdivision, “mountain bicycling” does not include riding a bicycle on paved pathways, roadways, or sidewalks. (c) Notwithstanding
the provisions of subdivision (a), this section does not limit liability which would otherwise exist for any of the following: (1) Failure of the public entity or employee to guard or
warn of a known dangerous condition or of another hazardous recreational activity known to the public entity or employee that is not reasonably assumed by the participant as inherently
a part of the hazardous recreational activity out of which the damage or injury arose. (2) Damage or injury suffered in any case where permission to participate in the hazardous recreational
activity was granted for a specific fee. For the purpose of this paragraph, a “specific fee” does not include a fee or consideration charged for a general purpose such as a general park
admission charge, a vehicle entry or parking fee, or an administrative or group use application or permit fee, as distinguished from a specific fee charged for participation in the specific
hazardous recreational activity out of which the damage or injury arose. (3) Injury suffered to the extent proximately caused by the negligent failure of the public entity or public
employee to properly construct or maintain in good repair any structure, recreational equipment or machinery, or substantial work of improvement utilized in the hazardous recreational
activity out of which the damage or injury arose. (4) Damage or injury suffered in any case where the public entity or employee recklessly or with gross negligence promoted the participation
in or observance of a hazardous recreational activity. For purposes of this paragraph, promotional literature or a public announcement or advertisement which merely describes the available
facilities and services on the property does not in itself constitute a reckless or grossly negligent promotion. (5) An act of gross negligence by a public entity or a public employee
which is the proximate cause of the injury. Nothing in this subdivision creates a duty of care or basis of liability for personal injury or for damage to personal property. (d) Nothing
in this section shall limit the liability of an independent concessionaire, or any person or organization other than the public entity, whether or not the person or organization has
a contractual relationship with the public entity to
Legal Issues City of Temecula Page C-12 Appendix C use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity
on public property by the concessionaire, person, or organization. 831.8. (a) Subject to subdivisions (d) and (e), neither a public entity nor a public employee is liable under this
chapter for an injury caused by the condition of a reservoir if at the time of the injury the person injured was using the property for any purpose other than that for which the public
entity intended or permitted the property to be used. (b) Subject to subdivisions (d) and (e), neither an irrigation district nor an employee thereof nor the state nor a state employee
is liable under this chapter for an injury caused by the condition of canals, conduits or drains used for the distribution of water if at the time of the injury the person injured was
using the property for any purpose other than that for which the district or state intended it to be used. (c) Subject to subdivisions (d) and (e), neither a public agency operating
flood control and water conservation facilities nor its employees are liable under this chapter for an injury caused by the condition or use of unlined flood control channels or adjacent
groundwater recharge spreading grounds if, at the time of the injury, the person injured was using the property for any purpose other than that for which the public entity intended it
to be used, and, if all of the following conditions are met: (1) The public agency operates and maintains dams, pipes, channels, and appurtenant facilities to provide flood control protection
and water conservation for a county whose population exceeds nine million residents. (2) The public agency operates facilities to recharge a groundwater basin system which is the primary
water supply for more than one million residents. (3) The groundwater supply is dependent on imported water recharge which must be conducted in accordance with court-imposed basin management
management restrictions. (4) The basin recharge activities allow the conservation and storage of both local and imported water supplies when these waters are available. (5) The public
agency posts conspicuous signs warning of any increase in water flow levels of an unlined flood control channel. (d) Nothing in this section exonerates a public entity or a public employee
from liability for injury proximately caused by a dangerous condition of property if all of the following occur: (1) The injured person was not guilty of a criminal offense under Article
1 (commencing with Section 552) of Chapter 12 of Title 13 of Part 1 of the Penal Code in entering on or using the property. (2) The condition created a substantial and unreasonable risk
of death or serious bodily harm when such property or adjacent property was used with due care in a manner in which it was reasonably foreseeable that it would be used. (3) The dangerous
character of the condition was not reasonably apparent to, and would not have been anticipated by, a mature, reasonable person using the property with due care. (4) The public entity
or the public employee had actual knowledge of the condition and knew or should have known of its dangerous character a sufficient time prior to the injury to have taken measures to
protect against the condition. (e) Nothing in this section exonerates a public entity or a public employee from liability for injury proximately caused by a dangerous. condition of property
if all of the following occur:
Appendix C Page C-13 Multi-Use Trails and Bikeways Master Plan (1) The person injured was less than 12 years of age. (2) The dangerous condition created a substantial and unreasonable
risk of death or serious bodily harm to children under 12 years of age using the property or adjacent property with due care in a manner in which it was reasonably foreseeable that it
would be used. (3) The person injured, because of his or her immaturity, did not discover the condition or did not appreciate its dangerous character. (4) The public entity or the public
employee had actual knowledge of the condition and knew or should have known of its dangerous character a sufficient time prior to the injury to have taken measures to protect against
the condition. (f) Subdivision (c) shall become inoperative on and after January1, 2002. 831.9. (a) The County of Los Angeles Department of Public Works shall maintain a record of all
known or reported injuries incurred by the public in the unlined flood control channels or adjacent adjacent groundwater recharge spreading grounds during the activities of groundwater
recharge. The County of Los Angeles Department of Public Works shall also maintain a record of all claims, paid and not paid, including any civil actions or proceedings and their results,
arising from those incidents, that were filed against the county. Beginning in 2000, copies of these records shall be filed annually, no later than January 1 of each year, with the Judicial
Council, which shall then submit a report to the Legislature on or before January 31, 2001, on the incidences of injuries incurred, claims asserted, and the results of any civil action
or proceeding filed, by persons injured at these facilities. (b) This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends that date.
Legal Issues City of Temecula Page C-14 Appendix C CALIFORNIA PUBLIC RESOURCES CODE RECREATIONAL TRAILS ACT SECTIONS 5070-5077.8 5070. This article shall be known and may be cited as
the California Recreational Trails Act. 5070.3. Unless the context otherwise requires, the following definitions shall govern construction of this article: (a) “Affirmative access area”
means an area of already existing disability access improvements along a heritage corridor. (b) “Committee” means the California Recreational Trails Committee. (c) “Heritage corridor”
means a regional, state, or nationwide alignment of historical, natural, or conservation education significance, with roads, state and other parks, greenways, or parallel recreational
trails, intended to have guidebooks, signs, and other features to enable self-guiding tourism, and environmental conservation education along most of its length and of all or some of
the facilities open to the public along its length, with an emphasis on facilities whose physical and interpretive accessibility meet “whole-access” goals. (d) “Heritage corridors access
map” means a 1:500,000 publicly distributed map combining listings and locations of parks, trails, museums, and roadside historical and natural access points, including disability and
interpretive access data, along designated heritage corridors. (e) “Plan” means the California Recreational Trails System Plan. (f) “System” means the California Recreational Trails
System. (g) “Whole-access” means a general level of trail and human accessibility that includes not only disabled persons but all others making up the “easyaccess” majority of the public.
This level of accessibility may also benefit from amplified concepts of natural terrain accessibility and cooperation with volunteer and nonprofit accessibility groups. 5070.5. The Legislature
hereby declares that it is the policy of the state to: (a) Increase accessibility and enhance the use, enjoyment, and understanding of California’s scenic, natural, historic, and cultural
resources. (b) Encourage hiking, horseback riding, and bicycling as important contributions to the health and welfare of the state’s population. (c) Provide for the use of recreational
trails by physically disabled persons, the elderly, and others in need of graduated trails with special safety features, particularly in conjunction with heritage corridors. (d) Increase
opportunities for recreational boating on designated waterways. (e) Increase opportunities for use of recreational vehicles in designated areas and trail corridors pursuant to Chapter
1.25 (commencing with Section 5090.01). (f) Provide for the development and maintenance of a statewide system of recreational and interpretive trails, including heritage corridors. (g)
Increase the recreational and educational use of public roads by developing guides, maps, and other interpretive materials concerning significant historical, agricultural, scenic, and
other resource areas. (h) Encourage the development by cities, counties, districts, and private groups of recreational and interpretive trails, including heritage corridors.
Appendix C Page C-15 Multi-Use Trails and Bikeways Master Plan 5070.7. The director shall cause to be prepared, and continuously maintained, a comprehensive plan for the development
and operation of a statewide system of recreation trails. The plan, which shall be titled the California Recreational Trails System Plan, shall: (a) Assess the present and future demand
for trailoriented recreation uses. (b) Recommend an integrated and interconnecting system of trail routes designed to provide a wide range of recreational opportunities and to assure
access and linkage to scenic, natural, historic, and recreational areas of statewide significance. 5071. The plan shall contain, but shall not be limited to, the following elements:
(a) Pedestrian trails. (b) Bikeways. (c) Equestrian trails. (d) Boating trails. (e) Trails and areas suitable for use by physically disabled persons, the elderly, and others in need
of graduated trails, especially along designated heritage corridors. (f) Cross-country skiing trails. (g) Heritage corridors. 5071.3. For each of the elements specified in Section 5071,
the plan shall: (a) Set forth the role of state government in providing increased opportunities associated with that particular recreational use. (b) Describe specific policies, standards,
and criteria to be followed by the department and other participating public agencies in acquiring, developing, operating, and maintaining land and water trails and areas as part of
the system. (c) Specify standards and criteria to be followed by the department and other participating public agencies in providing facilities such as overnight camps, hostels, rest
areas, access points, corrals, launching ramps, staging areas, and parking areas to complement trail routes and areas. (d) Identify, on a statewide basis, the general location and extent
of trail routes, areas, and complementary facilities to be included within the system. (e) Describe new and revised state policies, programs, and other actions of the executive and legislative
branches required to assure orderly development of the system. (f) Recommend to federal, regional, and local agencies and to the private sector actions which will assist and complement
state efforts to implement the system. 5071.5. In the preparation of the plan, the director shall actively seek participation of other units of state government and of appropriate federal,
regional, and local agencies. 5071.7. (a) (1) In planning the system, the director shall consult with and seek the assistance of the Department of Transportation. The Department of Transportation
shall plan and design those trail routes that are in need of construction contiguous to state highways and serve both a transportation and a recreational need. (2) The Department of
Transportation shall install or supervise the installation of signs along heritage corridors consistent with the plan element developed pursuant to this section and Section 5073.1; provided,
however, that it shall neither install nor supervise the installation of those
Legal Issues City of Temecula Page C-16 Appendix C signs until it determines that it has available to it adequate volunteers or funds, or a combination thereof, to install or supervise
the installation of the signs, or until the Legislature appropriates sufficient funds for the installation or supervision of installation, whichever occurs first. (b) The element of
the plan relating to boating trails and other segments of the system which are oriented to waterways shall be prepared and maintained by the Department of Boating and Waterways pursuant
to Article 2.6 (commencing with Section 68) of Chapter 2 of Division 1 of the Harbors and Navigation Code. Those segments shall be integrated with the California Protected Waterways
Plan developed pursuant to Chapter 1273 of the Statutes of 1968, and shall be planned so as to be consistent with the preservation of rivers of the California Wild and Scenic Rivers
System, as provided in Chapter 1.4 (commencing with Section 5093.50) of this division. (c) Any element of of the plan relating to trails and areas for the use of off/highway motor vehicles
shall be prepared and maintained by the Division of Off/Highway Motor Vehicle Recreation pursuant to Chapter 1.25 (commencing with Section 5090.01). (d) In planning the system, the director
shall consult with and seek the assistance of the Department of Rehabilitation, representatives of its California Access Network volunteers, and nonprofit disability access groups to
assure that adequate provision is made for publicizing the potential use of recreational trails, including heritage corridors by physically disabled persons. 5072. Upon preparation of
a proposed plan, the director shall hold at least four public hearings in different geographical regions of the state to solicit views of the public and interested private groups and
governmental agencies on the goals, policies, and proposals of the plan. 5072.3. After review and consideration of information secured at the plan hearings and no later than January
1, 1977, the director shall transmit the proposed plan to the Legislature through the Speaker of the Assembly and the Senate Rules Committee. The Legislature may hold hearings, solicit
testimony, and take other appropriate action to review and evaluate the proposed plan. Following such review and evaluation, the Legislature may act by resolution to comment upon the
proposed plan as an indication of legislative intent, state findings and conclusions, or request changes, deletions, or modifications to the proposed plan. 5072.5. The director shall
consider any advice offered by the Legislature, and, after considering such advice and making such modifications in the proposed plan as the director deems appropriate, shall complete
and formally transmit the plan to appropriate federal and state agencies, and to concerned cities, counties, and districts throughout the state. 5072.7. Following completion of the plan
as provided in Section, 5072.5, all state agencies and departments whose operations are affected by, or related to, the the goals, policies, and proposals of the plan shall utilize the
plan as a guide in their operations. 5072.8. (a) The Recreational Trails Fund is hereby created. Moneys in the Recreational Trails Fund shall be available, upon appropriation by the
Legislature, to the department for competitive grants to cities, counties, districts, state agencies, and nonprofit organizations with management responsibilities over public lands to
acquire and develop recreational trails. (b) The Controller shall promptly transfer all money received by the state from the federal government as allocations from the National Recreational
Trails Trust Fund pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 (P.L. 102-240) and deposited in the Federal Trust Fund, to the Recreational Trails Fund.
Appendix C Page C-17 Multi-Use Trails and Bikeways Master Plan The money in the Recreational Trails Fund shall be available to the department for expenditure, upon appropriation by the
Legislature, for grants pursuant to subdivision (a), in accordance with the Steve Symms National Recreational Trails Fund Act of 1991. Seventy percent of the money received by the state
from the federal government and transferred to the Recreational Trails Fund pursuant to this subdivision shall be available only for nonmotorized recreational trails with at least one-half
of that amount available only for grants to cities, counties, districts, and nonprofit organizations for the acquisition and development of new nonmotorized recreational trails and the
reconstruction or relocation of existing nonmotorized recreational trails. (c) The department shall prepare and adopt criteria and procedures for evaluating applications for grants,
which, at a minimum, shall include certification that the project is consistent with the applicant’s general plan or the equivalent planning document, complies with the California Environmental
Quality Act (Division 13 (commencing with Section 21000)) and other environmental protection laws and regulations, and is not required as a mitigation measure as a condition for a permit
or other entitlement. The department shall forward to the Director of Finance for inclusion in the Governor’s Budget of each fiscal year all projects that are recommended for funding
and those projects shall be contained in the Budget Bill for that fiscal year. (d) No grant shall be made from the Recreational Trails Fund to an applicant unless the applicant agrees
to both of the following conditions: (1) To maintain and operate the property acquired, developed, rehabilitated, or restored with the funds in perpetuity. With the approval of the department,
the applicant or its successors in interest in the property may transfer the responsibility to maintain and operate the property in accordance with this section. In the case of lands
not held in fee by the applicant (limited tenure projects), perpetuity shall be in accordance with the tenure or for the length of time sufficient to provide public benefits commensurate
with the type and duration of interest in land held by the applicant. (2) To use the property only for the purposes of the grant and to make no other use, sale, or other disposition
or conversion of the property except as authorized by a specific act of the Legislature and the property shall be replaced with property of equivalent value and usefulness as determined
by the department. The property acquired or developed may be transferred to another public agency if the successor agency assumes the obligations imposed under this chapter. (e) All
applicants for a grant pursuant to this section shall submit an application to the department for approval. Each application shall include in writing the conditions specified in paragraphs
(1) and (2) of subdivision (d). 5073. The plan shall be continuously reviewed, revised, and and updated by the director. Every two years following completion of the plan pursuant to
Section 5072.5, the director shall submit a report to the Legislature describing progress in carrying out the plan and recommending additional routes or other modifications in the system
as he determines are necessary or desirable. 5073.5. The Governor shall establish a California Recreational Trails Committee to advise the director in the development and coordination
of the system. The committee shall consist of seven members appointed by the Governor. Two members shall be selected from the northern, two members from the southern, and two members
from the central portions of the state, and one member shall be selected at large. Members shall be selected from lists submitted by private organizations which have a demonstrated interest
in the establishment of recreation trails. The chairman of the committee shall be elected by the members from their membership.
Legal Issues City of Temecula Page C-18 Appendix C 5073.7. The terms of the members of the committee shall be four years, except that such members first appointed to the committee shall
classify themselves by lot so that the term of three members shall expire January 15, 1976, the term of two members shall expire January 15, 1977, and the term of two members shall expire
January 15, 1978. Members of the committee shall serve without compensation, but shall be reimbursed for actual and necessar y expenses, including traveling expenses, incurred in the
performance of their duties. 5074. The committee shall have the following powers and duties: (a) Coordinate trail planning and development among cities, counties, and districts. In carrying
out this responsibility, the committee shall review records of easements and other interests in lands which are available for recreational trail usage, including public lands, utility
easements, other rights-of-way, gifts, or surplus public lands which may be adaptable for such use, and shall advise the director in the development of standards for trail construction
so that uniform construction standards may be available to cities, counties, and districts. (b) Advise the director in the preparation and maintenance of the plan. (c) Study the problems
and opportunities presented by the use of private property for recreational trail use and advise the director on measures to mitigate undesirable aspects of such usage. 5074.1. The director
shall be responsible for planning and for the orderly development and operation of the system. The director shall encourage other public agencies to acquire, develop, and manage segments
of the system which are outside of the exterior boundaries of state park system units, and other areas under state jurisdiction. The director may enter into contractual agreements under
which responsibility for state trail development and operation may be carried out by other public agencies. 5074.3. (a) The right of eminent domain may not be exercised to acquire acquire
property, any interest in property, or use of any property for the trails contemplated pursuant to this article. (b) Notwithstanding the provisions of subdivision (a) of this section,
the director may, pursuant to Section 5006, replace property or interests in property through the exercise of eminent domain whenever a trail, or a portion thereof, has been acquired
through the exercise of eminent domain by another public entity; provided, that the property to be acquired is in the immediate vicinity of the property being replaced, and the director
may, pursuant to Section 5006, acquire property or interests in property through the exercise of eminent domain for trails established pursuant to this article in hardship cases as determined
by the department. Acquisitions pursuant to this section shall be funded by moneys appropriated as provided in Section 5075. 5074.5. The location of a route or complementary facility
of the system across lands under the jurisdiction of a federal agency shall be by contractual agreement between the director and the appropriate federal agency. The director may enter
into such agreements, and, subject to the provisions of Section 5075, may expend funds in order to participate with federal agencies in the development and operation of state trail routes
across federal lands. The director may exercise similar authority with respect to segments of the system which cross other public lands.
Appendix C Page C-19 Multi-Use Trails and Bikeways Master Plan 5074.7. If lands included in the system are outside the boundaries of areas administered by public agencies, the director
may enter into agreements with private landowners in order to develop and manage such lands as part of the system. The director may accept fee title, easements, or an appropriate lesser
interest in private lands for purposes of the development and maintenance of trails designated as
part of the system. 5075. Following review of the plan by the Legislature as provided in Section 5072.3, the director shall prepare a list of recommended priority system projects for
the system. Projects recommended for funding during each fiscal year shall be submitted to the Governor for consideration for inclusion in the Budget Bill. When acquisition of private
lands for state trail purposes is proposed, the director shall provide information supporting the necessity for such acquisition, including verification that there is no feasible alternative
to the proposed acquisition, and that the proposed acquisition would be an essential part of the system, to the Governor and to any standing committee of the Legislature that requests
such information. No funds, whether derived from gift, donation, grant-in-aid, or other source, shall be utilized by the director for state acquisition of private property in connection
with the system unless appropriated by the Budget Bill. 5075.3. In specifying criteria and standards for the design and construction of trail routes and complementary facilities as provided
in subdivisions (b) and (c) of Section 5071.3, the director shall include the following: (a) The following routes shall be given priority in the allocation of funds: (1) Routes which
are in proximity or accessible to major urban areas of the state. (2) Routes which are located on lands in public ownership. (3) Routes which provide linkage or access to natural, scenic,
historic, or recreational areas of clear statewide significance. (4) Routes which are, or may be, the subject of agreements providing for participation of other public agencies, cooperating
volunteer trail associations, or any combination of those entities, in state trail acquisition, development, or maintenance. (b) Where feasible, trail uses may be combined on routes
within the system; however, where trail use by motor vehicles is incompatible with other trail uses, separate areas and facilities should be provided. (c) Trails should be located and
managed so as to restrict trail users to established routes and to aid in effective law enforcement. (d) Trails should be located so as to avoid severance of private property and to
minimize impact on adjacent landowners and operations. The location of any trail authorized by this article shall, if the property owner so requests, be placed as nearly as physically
practicable to the boundary lines of the property traversed by the trail, as such boundary lines existed as of January 1, 1975. (e) Insofar as possible, trails should be designed and
maintained to harmonize with, and complement, established forest, agricultural, and resource management plans. No trail, or property acquisition therefor, shall interfere with a landowner’s
water rights or his right to access to the place of exercise of such water rights. (f) Trails should be planned as a system and each trail segment should be part of the overall system
plan. (g) Trails should be appropriately signed to provide identification, direction, and information.
Legal Issues City of Temecula Page C-20 Appendix C (h) Rest areas, shelters, sanitary facilities, or other conveniences should be designed and located to meet the needs of trail users,
including physically handicapped persons, and to prevent intrusion into surrounding areas. (i) The department shall erect fences along any trail when requested to do so by the owner
of adjacent land, or with the consent of the owner of such land when the department determines it will be in the best interests of the users of the trail and adjoining property owners,
and shall place gates in such fences when necessary to afford proper access and at each point of intersection with existing roads, trails, or at used points of access to or across such
trail. The department shall maintain such fences and gates in good condition. (j) A landowner’s right to conduct agricultural, timber harvesting, or mining activities on private lands
adjacent to, or in the vicinity of, a trail shall not be restricted because of the presence of the trail. 5075.4. No adjoining property owner is liable for any actions of any type resulting
from, or caused by, trail users trespassing on adjoining property, and no adjoining property owner is liable for any actions of any type started on, or taking place within, the boundaries
of the trail arising out of the activities of other parties. 5075.5. The director shall prepare a guidebook or guidebooks, including trail maps, describing the system. The guidebook,
or guidebooks, shall include information regarding the responsibility of trail users and shall specify rules and regulations for trail use, including measures designed to prevent trespass
and damage to public and private property. The director may prepare a combined heritage corridors and accessible trails guidebook. However, the director shall prepare no guidebook or
guidebooks of heritage corridors until such time as he determines that the department has available to it adequate volunteers, funds, or a combination thereof, to prepare such guidebook
or guidebooks, or until such time as the Legislature appropriates funds sufficient to prepare the guidebook or guidebooks, whichever occurs first. 5075.7. Each study of potential trail
routes for inclusion in the system shall include an evaluation of the impact of the proposed trail route on adjacent landowners. In conducting studies of potential trail routes for inclusion
in the system, the director shall give priority to the following: (a) A trail route linking state parks, federal recreation areas, and other areas of statewide or national significance
located in coastal areas. (b) A trail route through the Sacramento-San Joaquin Delta linking scenic and recreation areas of the San Francisco Bay area with state and federal recreation
areas in the Lake Tahoe Basin. (c) East-west trail routes for nonmotorized use linking the state coastal trail route with the existing Pacific Crest Trail. (d) Trail routes designed
principally for boaters along the following waterways: (1) Eel River in Humboldt, Mendocino, and Trinity Counties. (2) Smith River in Del Norte County. (3) Russian River in Sonoma and
Mendocino Counties. (4) Big River in Mendocino County. (5) Albion River in Mendocino County. (6) Navarro River in Mendocino County. (7) Feather River from Thermalito Afterbay to mouth.
(8) Sacramento River from Keswick Dam to mouth. (9) American River from Folsom Dam to mouth. (10) South Fork of American River from Coloma to Folsom Lake. (11) Tuolumne River from O’Shaughnessy
Dam to New Don Pedro Reservoir. (12) Stanislaus River from the Stanislaus Power House to Melones Reservoir. (13) Colorado River from Needles to the international boundary.
Appendix C Page C-21 Multi-Use Trails and Bikeways Master Plan (e) A hiking, bicycling, and horseback riding trail route along the San Joaquin River from Friant Dam to State Highway
Route 99. 5075.8. (a) The department may convene a planning task force in order to facilitate the development of a comprehensive plan for the San Joaquin River Parkway. The task force
shall include, but not be limited to, a representative of the following entities: (1) State Lands Commission. (2) Department of Parks and Recreation. (3) Department of Fish and Game.
(4) State Reclamation Board. (5) County of Fresno. (6) County of Madera. (7) City of Fresno. (8) Fresno Co. and City Chamber of Commerce. (9) Fresno Sand and Gravel Producers. (10) San
Joaquin River Property Owners Association. (11) Upper San Joaquin River Association. (12) San Joaquin River Parkway and Conservation Trust. (13) San Joaquin River Committee. (14) Department
of Boating and Waterways. (b) The plan shall be submitted to the Legislature not later than June 1, 1991. 5076. In developing the open-space element of a general plan as specified in
subdivision (e) of Section 65302 of the Government Code, every city and county shall consider demands for trail-oriented recreational use and shall consider such demands in developing
specific open-space programs. Further, every city, county, and district shall consider the feasibility of integrating its trail routes with appropriate segments of the state system.
5077.2. In addition to utilizing criteria and standards for the design, interpretation, and implementation of heritage corridor routes and complementary facilities, as provided in subdivisions
(b) and (c) of Section 5071.3 and paragraphs (1), (2), (3), and (4) of subdivision (a) of Section 5075.3, the director shall include in the plan required by Section 5070.7 the following
routes which shall be given priority for designation as heritage corridors: (a) Routes which connect urban areas with the cross-section of landscape provided in parks and recreation
and outdoor outdoor resource areas in California. (b) Routes incorporating existing and planned facilities for ready accessibility for physically disabled persons utilizing coordinated
accessibility to several areas and experiences such as trails, water, visitor centers, campsites, parking, and rest rooms. (c) Existing and planned scenic highways. (d) Looping routes
radiating out of centers of population to allow optimum use. (e) Routes nominated by local governmental jurisdictions and local volunteer groups. (f) Routes providing access to the maximum
number of recreational trails and other recreational facilities. (g) Routes intended to direct the public away from areas where trespass or damage to public or private property or natural
resources is likely. 5077.5. (a) Because of California’s unique potential to encourage initial stages of a nationwide heritage network, the following northern California portions of
an eventual nationwide heritage network are hereby designated as heritage corridors: (1) The California Pioneer and Goldrush Heritage Corridor as the western end of the Transcontinental
Historic Heritage Corridor, from San Francisco Bay via the North Lincoln Highway, Highway 40, and present Interstate 80 to Sacramento, Truckee, and the Nevada border.
Legal Issues City of Temecula Page C-22 Appendix C (2) The Tahoe Pacific/Farms & Forests State Heritage Corridor, as the alternate western end of the Transcontinental Scenic Heritage
Corridor, to extend from Fort Bragg to the Pacific Crest along Highway 20, Interstate 80, and south along Highway 89 to South Lake Tahoe and the Nevada border. (3) The North Central
California Coast Heritage Corridor from the San Mateo County Line to Patrick’s Point State Park in Humboldt County. (b) In order to assist establishment and public involvement with the
heritage corridors established in subdivision (a), the director and affected state agencies shall work with nonprofit disability access groups in producing a heritage corridors access
map, as defined in Section 5070.3, to be called the North Central California Heritage Corridor Trails and Disability Access Map. 5077.6. Because of its clear function as the interpretive
highway of the Gold Rush, and because of outstanding efforts of public agencies and the private sector to increase accessibility to physically disabled persons along parts of its route,
State Highway Route 49 is hereby designated as a heritage corridor, including all sections which link the Counties of Sierra, Nevada, Placer, El Dorado, Amador, Calaveras, Tuolumne,
Mariposa, and Madera, known collectively as California’s Gold Country, and shall be recognized by the Department of Transportation and officially known as the Golden Chain Highway. 5077.7.
Because of the unique beauty and natural resources of the northern California coast, the desire of many Californians to visit the area, the heavy dependence of the area on the recreation
and tourism economy, the recent improvements in access for disabled persons by state and local agencies and nonprofit groups in the area, and the recent increase in available information
on access for disabled persons in the area, State Highway Route 1 from the Golden Gate Bridge to Route 101 near Leggett and State Highway Route 101 from that point to the Oregon state
line is hereby designated as the Coast Highway Heritage Corridor. 5077.8. In order to promote disability access along the heritage corridors, the director shall recognize the South Yuba
Independence Trail South Yuba Project as one of California’s primary wheelchair wilderness and backpacking trails.
Appendix C Page C-23 Multi-Use Trails and Bikeways Master Plan CALIFORNIA VEHICLE CODE: PEDESTRIAN USE OF ROADWAYS SECTIONS 21949-21971 21949. (a) The Legislature hereby finds and declares
that it is the policy of the State of California that safe and convenient pedestrian travel and access, whether by foot, wheelchair, walker, or stroller, be provided to the residents
of the state. (b) In accordance with the policy declared under subdivision (a), it is the intent of the Legislature that all levels of government in the state, particularly the Department
of Transportation, work to provide convenient and safe passage for pedestrians on and across all streets and highways, increase levels of walking and pedestrian travel, and reduce pedestrian
fatalities and injuries. 21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk
at an intersection, except as otherwise provided in this chapter. (b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian
may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop
or delay traffic while in a marked or unmarked crosswalk. (c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and
shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian. (d) Subdivision (b) does
not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
21950.5. (a) An existing marked crosswalk may not be removed unless. notice and opportunity to be heard is provided to the public not less than 30 days prior to the scheduled date of
removal. In addition to any other public notice requirements, the notice of proposed removal shall be posted at the crosswalk identified for removal. (b) The notice required by subdivision
(a) shall include, but is not limited to, notification to the public of both of the following: (1) That the public may provide input relating to the scheduled removal. (2) The form and
method of providing the input authorized by paragraph (1). 21951. Whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian
to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. 21952. The driver of any motor vehicle, prior to driving
over or upon any sidewalk, shall yield the right-of-way to any pedestrian approaching thereon. 21953. Whenever any pedestrian crosses a roadway other than by means of a pedestrian tunnel
or overhead pedestrian crossing, if a pedestrian tunnel or overhead crossing serves the place where the pedestrian is crossing the roadway, such pedestrian shall yield the right-of-way
to all vehicles on the highway so near as to constitute an immediate hazard. This section shall not be construed to mean that a marked crosswalk, with or without a signal device, cannot
be installed where a pedestrian tunnel or overhead crossing exists. 21954. (a) Every pedestrian upon a roadway at any point other than within a marked crosswalk
Legal Issues City of Temecula Page C-24 Appendix C or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute
an immediate hazard. (b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.
21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.
21956. (a) No pedestrian may walk upon any roadway outside of a business or residence district otherwise than close to his or her left-hand edge of the roadway. (b) A pedestrian may
walk close to his or her right-hand edge of the roadway if a crosswalk or other means of safely crossing the roadway is not available or if existing traffic or other conditions would
compromise the safety of a pedestrian attempting to cross the road. 21957. No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. 21959.
It is unlawful for any person to ski or toboggan on or across any roadway in such a manner as to interfere with the movement of vehicles thereon. A person on skis proceeding on or across
a highway at a pace no greater than a walk is not within the prohibition of this section and shall be considered to be a pedestrian with all the rights and duties thereof as prescribed
in this code. 21960. (a) The Department of Transportation and local authorities may, by order, ordinance, or resolution, with respect to freeways or designated portions thereof under
their respective jurisdictions, to which all rights of access have been acquired, prohibit or restrict the use of the freeways or any portion thereof by pedestrians, bicycles or other
nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, or motorized scooter. Any prohibition or restriction pertaining to bicycles, motordriven cycles,
or motorized scooters, shall be deemed to include motorized bicycles; and no person may operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding
any provisions of any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway may walk to the nearest exit, in either direction,
on that side of the freeway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. (b) The prohibitory regulation authorized by subdivision
(a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway and the approaches thereto. (c) No ordinance or resolution of local authorities shall
apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation. 21961. This chapter does not
prevent local authorities from adopting ordinances prohibiting pedestrians from crossing roadways at other other than crosswalks. 21962. Any peace officer having reasonable cause to
believe that any pedestrian is stopped or standing on any bridge or overpass for the purpose of violating Section 23110, may lawfully order such person from the bridge or overpass. 21963.
A totally or partially blind pedestrian who is carrying a predominantly white cane (with or without a red tip), or using a guide dog, shall have the right-of-way, and the driver of any
vehicle approaching this pedestrian, who fails to yield the right-of-way, or to take all reasonably necessary precautions to avoid injury to this blind pedes
Appendix C Page C-25 Multi-Use Trails and Bikeways Master Plan trian, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine
of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both. This section shall not preclude prosecution under any other applicable provision of
law. 21964. No person, other than those totally or partially blind, shall carry or use on any highway or in any public building, public facility, or other public place, a predominantly
white cane (with or without a red tip). 21965. As used in Sections 21963 and 21964, “blind,” “totally blind,” and “partially blind,” mean having central visual acuity not to exceed 20/200
in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter
of the visual field subtends an angle not greater than 20 degrees. 21966. No pedestrian shall proceed along a bicycle path or lane where there is an adjacent adequate pedestrian facility.
21967. Except as provided in Section 21968, a local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling
skateboards on highways, sidewalks, or roadways. 21968. No motorized skateboard may be propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path
or trail, equestrian trail, or hiking or recreational trail. 21969. A local authority may adopt rules and regulations by ordinance regulating persons engaged in roller skating on a highway,
sidewalk, or roadway. 21970. (a) No person may stop a vehicle unnecessarily in a manner that causes the vehicle to block a marked or unmarked crosswalk or sidewalk. (b) Subdivision (a)
does not preclude the driver of a vehicle facing a steady circular red light from turning right or turning left from a one-way street onto a one-way street pursuant to subdivision (b)
of Section 21453. 21971. Notwithstanding any other provision of law, any person who violates subdivision (a) or (b) of Section 21451, subdivision (b) of Section 21453, subdivision (a)
of Section 21950, or Section 21952, and causes the bodily injury of anyone other than the driver is guilty of an infraction punishable under Section 42001.18.
Legal Issues City of Temecula Page C-26 Appendix C CALIFORNIA VEHICLE CODE BICYCLE USE OF ROADWAYS SECTIONS 21200-21212 21200. (a) Every person riding a bicycle upon a highway has all
the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence
of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16. 7 (commencing with Section 39000), Division 17 (commencing with Section
40000. 1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application. (b) (1) Any peace officer, as defined in Chapter
4. 5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a),
except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances: (A) In
response to an emergency call. (B) While engaged in rescue operations. (C) In the immediate pursuit of an actual or suspected violator of the law. (2) This subdivision does not relieve
a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway. 21200. 5. Notwithstanding Section 21200, it is unlawful for any person
to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested
for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that
person’s blood, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two
hundred fifty dollars ($250). Violations of this section are subject to Section 13202. 5. 21201. (a) No person shall operate a bicycle on a roadway unless it is equipped with a brake
which will enable the operator to make one braked wheel skid on dry, level, clean pavement. (b) No person shall operate on the highway any bicycle equipped with handlebars so raised
that the operator must elevate his hands above the level of his shoulders in order to grasp the normal steering grip area. (c) No person shall operate upon any highway a bicycle which
is of such a size as to prevent the operator from safely stopping the bicycle, supporting it in an upright position with at least one foot on the ground, and restarting it in a safe
manner. (d) Every bicycle operated upon any highway during darkness shall be equipped (1) with a lamp emitting a white light which, while the bicycle is in motion, illuminates the highway
in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle; (2) 2) with a red reflector on the rear which shall be visible from a
distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle; (3) with a white or yellow reflector on each pedal visible from the front
and rear of the bicycle from a distance of 200 feet; and (4) with a white or yellow reflector on each side forward of the center of the bicycle, and with a white or red reflector on
each side to the rear of the center of the bicycle, except that bicycles which are equipped with reflectorized tires on
Appendix C Page C-27 Multi-Use Trails and Bikeways Master Plan the front and the rear need not be equipped with these side reflectors. Such reflectors and reflectorized tires shall be
of a type meeting requirements established by the department. (e) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet
in front and from the sides of the bicycle, may be used in lieu of the lamp required by clause (1) of subdivision (d). 21201. 5. (a) No person shall sell, or offer for sale, a reflex
reflector or reflectorized tire of a type required on a bicycle unless it meets requirements established by the department. If there exists a federal Consumer Product Safety Commission
regulation applicable to bicycle reflectors, the provisions of that regulation shall prevail over provisions of this code or requirements established by the department pursuant to this
code relative to bicycle reflectors. (b) No person shall sell, or offer for sale, a new bicycle that is not equipped with a red reflector on the rear, a white or yellow reflector on
each pedal visible from the front and rear of the bicycle, a white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to
the rear of the center of the bicycle, except that bicycles which are equipped with reflectorized tires on the front and rear need not be equipped with these side reflectors. (c) Area
reflectorizing material meeting the requirements of Section 25500 may be used on a bicycle. 21202. (a) Any person operating a bicycle upon a roadway at a speed less than the normal speed
of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: (1)
When overtaking and passing another bicycle or vehicle proceeding in the same direction. (2) When preparing for a left turn at an intersection or into a private road or driveway. (3)
When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width
lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656. For purposes of this section, a “substandard width lane” is a lane
that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane. (b) Any person operating a bicycle upon a roadway of a highway, which highway carries traffic
in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of such roadway as practicable. 21203. No person riding upon any motorcycle,
motorized bicycle, bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any streetcar or vehicle on the roadway. 21204. (a) No person operating a
bicycle upon a highway shall ride other than upon or astride a permanent and regular seat attached thereto. (b) No operator shall allow a person riding as a passenger, and no person
shall ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds
or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle. 21205. No person operating
a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars. 21206. This chapter does not prevent local authorities,
by ordinance, from regulating the registration of bicycles and the parking and operation
Legal Issues City of Temecula Page C-28 Appendix C of bicycles on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of this code. 21207.
(a) This chapter does not prohibit local authorities from establishing, by ordinance or resolution, bicycle lanes separated from any vehicular lanes upon highways, other than state highways
as defined in Section 24 of the Streets and Highways Code and county highways established pursuant to Article 5 (commencing with Section 1720) of Chapter 9 of Division 2 of the Streets
and Highways Code. (b) Bicycle lanes established pursuant to this section shall be constructed in compliance with Section 891 of the Streets and Highways Code. 21207. 5. Notwithstanding
Sections 21207 and 23127 of this code, or any other provision of law, no motorized bicycle may be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section
21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction
over such path or trail permits, by ordinance, such operation. 21208. (a) Whenever a bicycle lane has been established on a roadway pursuant to Section 21207, any person operating a
bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such person may move out of the
lane under any of the following situations: (1) When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and
passing cannot be done safely within the lane. (2) When preparing for a left turn at an intersection or into a private road or driveway. (3) When reasonably necessary to leave the bicycle
lane to avoid debris or other hazardous conditions. (b) No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after
giving an appropriate signal in the manner provided in Chapter 6 (commencing with Section 22100) in the event that any vehicle may be affected by the movement. 21209. (a) No person shall
drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows: (1) To park where parking is permitted. (2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of 200 feet from the intersection. (b) This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Section
21207. 5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and
in a manner which does not endanger the safety of bicyclists. 21210. No person shall leave a bicycle lying on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other
position, so that there is not an adequate path for pedestrian traffic. Local authorities may, by ordinance or resolution, prohibit bicycle parking in designated areas of the public
highway, provided that appropriate signs are erected.
Appendix C Page C-29 Multi-Use Trails and Bikeways Master Plan 21211. (a) No person shall stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section
890. 4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable
movement of any bicyclist. (b) No person shall place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which
impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law. (c)
This section does not apply to drivers or owners of utility or public utility vehicles, as provided in Section 22512. (d) This section does not apply to owners or drivers of vehicles
who make brief stops while engaged in the delivery of newspapers to customers along the person’s route. 21212. (a) A person under 18 years of age shall not operate a bicycle, or ride
upon a bicycle as a passenger, upon a street, bikeway, as defined in subdivision (a) of Section 2373 of the Streets and Highways Code, or any other public bicycle path or trail unless
that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of the American National Standards Institute (ANSI Z 90. 4 bicycle helmet standard) or the
Snell Memorial Foundation’s Standard for Protective Headgear for Use in Bicycling. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that
is attached to the bicycle or in a trailer towed by the bicycle. (b) Any helmet sold or offered for sale for u se by oper ator s and p a s senger s o f b icyc les shall be conspicuously
labeled in accordance with the standard described in subdivision (a) which shall constitute the manufacturer’s certification that the helmet conforms to the applicable safety standards.
(c) No person shall sell, or offer for sale, for use by an operator or passenger of a bicycle any safety helmet which is not of a type meeting requirements established by this section.
(d) (1) A person who violates a requirement of this section in 1994 shall be warned of the violation by the enforcing official, but shall not be issued a notice to appear. (2) Any charge
under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this
subdivision, unless it is otherwise established in court that the charge is not the first charge against the person. (e) Except as provided in subdivision (d), a violation of this section
is an infraction punishable by a fine of not more than twenty-five dollars ($25). The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates
this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision. (f) Notwithstanding Section 1463 of the Penal Code
or any other provision of law, the fines collected for a violation of this section shall be allocated as follows: (1) Seventy-two and one-half percent of the amount collected shall be
deposited in a special account of the county health department, to be used for bicycle safety education and for assisting low-income families in obtaining approved bicycle helmets for
children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this pro
Legal Issues City of Temecula Page C-30 Appendix C gram, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section
27360. (2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1). (3)
If the violation occurred within a city, 25 percent of the amount collected shall be transferred to and deposited in the treasury of that city. If the violation occurred in an unincorporated
area, this 25 percent shall be deposited and used pursuant to paragraph (1).
Appendix C Page C-31 Multi-Use Trails and Bikeways Master Plan 6. CALIFORNIA VEHICLE CODE UNAUTHORIZED MOTOR VEHICLE USE ON TRAILS SECTIONS 23100-23135 23100. The provisions of this
chapter apply to vehicles upon the highways and elsewhere throughout the State unless expressly provided otherwise. 23127. No person shall operate an unauthorized motor vehicle on any
state, county, city, private, or district hiking or horseback riding trail or bicycle path that is clearly marked by an authorized agent or owner with signs at all entrances and exits
and at intervals of not more than one mile indicating no unauthorized motor vehicles are permitted on the hiking or horseback riding trail or bicycle path, except bicycle paths which
are contiguous or adjacent to a roadway dedicated solely to motor vehicle use. For the purpose of this section “unauthorized motor vehicle” means any motor vehicle that is driven upon
a hiking or horseback riding trail or bicycle path without the written permission of an agent or the owner of the trail or path. This section does not apply to the operation of an authorized
emergency or maintenance vehicle on a hiking or horseback riding trail or bicycle path whenever necessary in furtherance of the purpose for which the vehicle has been classed as an authorized
emergency vehicle. Any person who violates this section is guilty of a misdemeanor.