Section 409.6 Of Title 11. Of Crimes Against The Public Peace From California Penal Code >> Title 11. >> Part 1.
409.6
. (a) Whenever a menace to the public health or safety is
created by an avalanche, officers of the Department of the California
Highway Patrol, police departments, or sheriff's offices, any
officer or employee of the Department of Forestry and Fire Protection
designated a peace officer by subdivision (g) of Section 830.2, and
any officer or employee of the Department of Parks and Recreation
designated a peace officer by subdivision (f) of Section 830.2, may
close the area where the menace exists for the duration thereof by
means of ropes, markers, or guards to any and all persons not
authorized by that officer to enter or remain within the closed area.
If an avalanche creates an immediate menace to the public health,
the local health officer may close the area where the menace exists
pursuant to the conditions which are set forth above in this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, or sheriff's offices, or officers of the
Department of Forestry and Fire Protection designated as peace
officers by subdivision (g) of Section 830.2, may close the immediate
area surrounding any emergency field command post or any other
command post activated for the purpose of abating hazardous
conditions created by an avalanche to any and all unauthorized
persons pursuant to the conditions which are set forth in this
section whether or not that field command post or other command post
is located near the avalanche.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within that area, or any unauthorized person who willfully
remains within an area closed pursuant to subdivision (a) or (b),
after receiving notice to evacuate or leave from a peace officer
named in subdivision (a) or (b), shall be guilty of a misdemeanor. If
necessary, a peace officer named in subdivision (a) or (b) may use
reasonable force to remove from the closed area any unauthorized
person who willfully remains within that area after receiving notice
to evacuate or leave.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.