This is what I was trying to bring to your attention with relation to the lost teenagers. Because Mike Castro receives consideration (required toll) he has a potential liability for any injury received by a paying customer.
These teenagers paid Mike Castro his required toll and were placed at risk because he allowed them to go through at night after curfew. This negligence gives the hotsprings a bad reputation. In cases where law enforcement is called out due to a person's negligence, the County has taken the position that the person should be sent a bill for the cost involved. Mike Castro could be billed for their services. In addition, Mike Castro is extremely lucky that nothing happened to those teenagers or he could be sued by their parents.
This Civil Code Section is designed to protect from liability, property owners that don't charge for access to the public lands for recreation.
Civil Code Section
846. An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, owes no duty of care to keep
the premises safe for entry or use by others for any recreational
purpose or to give any warning of hazardous conditions, uses of,
structures, or activities on such premises to persons entering for
such purpose, except as provided in this section.
A "recreational purpose," as used in this section, includes such
activities as fishing, hunting, camping, water sports, hiking,
spelunking, sport parachuting, riding, including animal riding,
snowmobiling, and all other types of vehicular riding, rock
collecting, sightseeing, picnicking, nature study, nature contacting,
recreational gardening, gleaning, hang gliding, winter sports, and
viewing or enjoying historical, archaeological, scenic, natural, or
scientific sites.
An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, who gives permission to another
for entry or use for the above purpose upon the premises does not
thereby (a) extend any assurance that the premises are safe for such
purpose, or (b) constitute the person to whom permission has been
granted the legal status of an invitee or licensee to whom a duty of
care is owed, or (c) assume responsibility for or incur liability for
any injury to person or property caused by any act of such person to
whom permission has been granted except as provided in this section.
This section does not limit the liability which otherwise exists
(a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (such as M. Castro's grossly negligent failure to provide sanitary facilities)..( Mikes failure to warn people that he is violent....hahaha)
(b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where consideration has been
received from others for the same purpose; or ($4.00 per person toll or $5.00 overnight)
(c) to any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner.
Nothing in this section creates a duty of care or ground of liability for injury to person or property.