Chapter 4 Safe Recreational Land Use
Chapter 5 Safe Recreational Water Use
Chapter 6 Pilot Project for School Athletics Safety

Terms Used In California Codes > Health and Safety Code > Division 104 > Part 10

  • Action: includes a civil action and a special proceeding of a civil nature. See California Government Code 14172
  • Action: means an action for partition under this title. See California Education Code 18743
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Anadromous fish: means fish which spawn in fresh water and spend a portion of their lives in the ocean. See California Government Code 51914
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Approved safety pool cover: means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91. See California Health and Safety Code 115921
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Government Code 51917
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • At risk of chronic homelessness: includes , but is not limited to, persons who are at high risk of long-term or intermittent homelessness, including persons with mental illness exiting institutionalized settings, including, but not limited to, jail and mental health facilities, who were homeless prior to admission, transition age youth experiencing homelessness or with significant barriers to housing stability, and others, as defined in program guidelines. See California Health and Safety Code 115924
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the California Health Facilities Financing Authority established pursuant to Part 7. See California Health and Safety Code 115924
  • Authorized officer: means any individual required or permitted, alone or with others, by any provision of law or by the issuing public entity, to execute on behalf of the public entity a certificated registered public obligation or a writing relating to an uncertificated registered public obligation. See California Insurance Code 935.9
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • Bycatch: includes discards. See California Government Code 52004
  • Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See California Insurance Code 935.9
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • Code: means the Internal Revenue Code of 1954, as amended. See California Insurance Code 935.9
  • Commission: means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845. See California Health and Safety Code 115843.6
  • Commission: means the Mental Health Services Oversight and Accountability Commission established by Section 5845. See California Health and Safety Code 115924
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
  • Committee: means the No Place Like Home Program Advisory Committee established pursuant to Section 5849. See California Health and Safety Code 115924
  • Committee: means the Mortgage Bond and Tax Credit Allocation Committee, which is renamed the California Tax Credit Allocation Committee. See California Public Resources Code 6304
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Competitive program: means that portion of the program established by Section 5849. See California Health and Safety Code 115924
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means a person who has a disability that meets the definition of developmental disability set forth in subdivision (a). See California Health and Safety Code 105110
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: includes a city receiving funds pursuant to Section 5701. See California Health and Safety Code 115843.6
  • County: includes , but is not limited to, a city and county, and a city receiving funds pursuant to Section 5701. See California Health and Safety Code 115924
  • County: includes "city and county. See California Education Code 17389
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Government Code 51925
  • County: includes city and county. See California Education Code 19428
  • County: includes "city and county. See California Education Code 94150
  • County: includes city and county. See California Education Code 24937
  • county psychiatric hospital: means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100. See California Health and Safety Code 116049
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Government Code 14172
  • custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Education Code 94155
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Housing and Community Development. See California Health and Safety Code 115924
  • department: means the Department of Water Resources. See California Public Resources Code 8001
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • department: means State Department of Health Services. See California Education Code 24943
  • depressed: means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield. See California Government Code 52005
  • Developmental disability: means a disability that originates before an individual attains 18 years of age. See California Health and Safety Code 105110
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Director: means "State Director of Health Services. See California Education Code 24944
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution program: means that portion of the program described in Section 5849. See California Health and Safety Code 115924
  • District: means fish and game district. See California Government Code 51929.5
  • Domestic: means organized under the laws of this State, whether or not admitted. See California Education Code 32031
  • Donor: The person who makes a gift.
  • Early psychosis and mood disorder detection and intervention: refers to a program that utilizes evidence-based approaches and services to identify and support clinical and functional recovery of individuals by reducing the severity of first, or early, episode psychotic symptoms, other early markers of serious mental illness, such as mood disorders, keeping individuals in school or at work, and putting them on a path to better health and wellness. See California Health and Safety Code 115843.6
  • Enclosure: means a fence, wall, or other barrier that isolates a swimming pool from access to the home. See California Health and Safety Code 115921
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Facsimile seal: means the reproduction by engraving, imprinting, stamping, or other means of the seal of the issuer, official or official body. See California Insurance Code 935.9
  • Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of a manual signature. See California Insurance Code 935.9
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • farmworker housing: means housing for agricultural workers that is available to, and occupied by, only farmworkers and their households. See California Public Resources Code 6304
  • Financial intermediary: means a bank, broker, clearing corporation, or other person, or the nominee of any of them, which in the ordinary course of its business maintains registered public obligation accounts for its customers, when so acting. See California Insurance Code 935.9
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Fishery: means both of the following:

    California Government Code 52008

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign: means not organized under the laws of this State, whether or not admitted. See California Education Code 32032
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the No Place Like Home Fund established pursuant to Section 5849. See California Health and Safety Code 115924
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Housing credit: means the tax credit for low-income rental housing provided under Section 42 of the federal Internal Revenue Code (26 U. See California Public Resources Code 6304
  • Housing credit applicant: means any owner, sponsor, or developer of a qualifying low-income building or project who applies to the committee for either of the following:

    California Public Resources Code 6304

  • Housing credit ceiling: means the amount specified in Section 42(h)(3)(C) of the federal Internal Revenue Code (26 U. See California Public Resources Code 6304
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Issuer: means a public entity which issues an obligation. See California Insurance Code 935.9
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lifeguard service: as used in this article , means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who possess, as minimum qualifications, current certificates from an American Red Cross or YMCA of the U. See California Health and Safety Code 116028
  • Lifeguard services: includes the supervision of the safety of participants in water-contact activities by lifeguards who are providing swimming lessons, coaching or overseeing water-contact sports, or providing water safety instructions to participants when no other persons are using the facilities unless those persons are supervised by separate lifeguard services. See California Health and Safety Code 116028
  • Local agency: means any county, city, public district, or other public agency. See California Public Resources Code 6331
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Marine living resources: includes all wild mammals, birds, reptiles, fish, and plants that normally occur in or are associated with salt water, and the marine habitats upon which these animals and plants depend for their continued viability. See California Government Code 52009
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Government Code 51937
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: includes affirmation. See California Education Code 1921
  • Obligation: means an agreement of a public entity to pay principal and any interest thereon, whether in the form of a contract to repay borrowed money, a lease, an installment purchase agreement, or otherwise, and includes a share, participation, or other interest in any such agreement. See California Insurance Code 935.9
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Official actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a registered public obligation. See California Insurance Code 935.9
  • Official or official body: means the officer or board that is empowered under the laws of this state to provide for original issuance of an obligation of the issuer, by defining the obligation and its terms, conditions, and other incidents, the successor or successors of any such official or official body, and such other person or group or persons as shall be assigned duties of such official or official body with respect to a registered public obligation under applicable law from time to time. See California Insurance Code 935.9
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • permanent supportive housing: shall include associated facilities if used to provide services to housing residents. See California Health and Safety Code 115924
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • Person: means any private person, partnership, association, limited liability company, or corporation. See California Public Resources Code 6331
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19426
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • Personal property: All property that is not real property.
  • Persons and families of low or moderate income: includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079. See California Public Resources Code 4649
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • pool: means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. See California Health and Safety Code 115921
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • Program: means the process for awarding funds and distributing moneys to applicants established in Sections 5849. See California Health and Safety Code 115924
  • project: has the meaning specified in Section 42(c)(2) of the federal Internal Revenue Code (26 U. See California Public Resources Code 6304
  • Property: includes both personal and real property. See California Education Code 17389
  • Property: includes real and personal property. See California Education Code 18743
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public library: means a library, or two or more libraries, that is operated by a single public jurisdiction and that serves its residents free of charge. See California Education Code 18710
  • Public swimming pool: as used in this article , means any public swimming pool, bathhouse, public swimming and bathing place and all related appurtenances. See California Health and Safety Code 116025
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered public obligation: means an obligation issued by a public entity pursuant to a system of registration. See California Insurance Code 935.9
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resort: as used in this article , means a resort, bathhouse, or other public place for the purpose of accommodating bathers, bordering upon or adjoining the seacoast or a lake where the public resort for the purpose of bathing in the open sea or lake. See California Health and Safety Code 115975
  • season: means "open season. See California Government Code 51939.2
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 25018.1
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • State board: means the California Library Services Board. See California Education Code 18710
  • Statute: A law passed by a legislature.
  • stock: means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. See California Government Code 52032
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • Subpoena: A command to a witness to appear and give testimony.
  • Suction outlet: means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump. See California Health and Safety Code 115921
  • Summons: Another word for subpoena used by the criminal justice system.
  • Swimming pool: includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. See California Health and Safety Code 115921
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • Target population: means individuals or households as provided in Section 5600. See California Health and Safety Code 115924
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uncertificated registered public obligation: means a registered public obligation which is not represented by an instrument. See California Insurance Code 935.9
  • Ungranted tidelands: means the tide and submerged lands owned by the State of California which have not been granted in trust to any local agency or to the United States or to private parties. See California Public Resources Code 6331
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389
  • Writing: includes printing and typewriting. See California Education Code 17389