HomeMy WebLinkAboutCC RES 2012-30RESOLUTION NO. 2012 -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, SETTING FORTH THE ADMINISTRATIVE
CITATION SCHEDULE OF FINES FOR CERTAIN VIOALTIONS OF
THE PALM DESERT MUNICIPAL CODE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA:
Section 1. SCHEDULE OF FINES
The administrative citation fine amounts set forth are hereby established for
violations(s) of the Palm Desert Municipal Code as set forth in Exhibit A, (attached
hereto):
Section 2. Except as otherwise specifically set forth in Section 1 above, the fine amount
for a second violation of the same Municipal Code section by the same person within a thirty-
six (36) month period shall be equal to one hundred twenty-five percent (125%) of the fine
amount listed in this Resolution for a violation of that Municipal Code section.
Section 3. Except as otherwise specifically set forth in Section 1 above, the fine
amount for a third and subsequent violation of the same Municipal Code section by the
same person within a thirty-six (36) month period shall be and equal to one hundred
fifty percent (150%) of the fine amount listed in this Resolution for a violation of that
Municipal Code section.
Section 4. Any fine amount imposed pursuant to Chapter 8.81 of the Palm Desert
Municipal Code and this Resolution shall be deemed delinquent if it is not paid in
accordance with the terms and conditions of Chapter 8.81. Any person who fails to pay
to the City the amount of any fine imposed pursuant to the provisions of Chapter 8.81
of the Palm Desert Municipal Code and this Resolution on or before the date that fine
amount is due shall be liable for the payment of an additional delinquency penalty. The
delinquency penalty is equal to ten percent (10%) of the amount of the fine due to the
City, or ten percent (10%) of the amount of the fine remaining unpaid to the City if a
portion of the fine amount was timely paid. Interest shall accrue on all delinquent fine
amounts, exclusive of delinquency penalties, at the rate of one-half of one percent per
month, pro rata, of the total delinquent fine amount, from the date the fine amount
becomes delinquent until the date that all delinquent fine amounts are paid to the City.
Section 5. This Resolution shall go into full force and effect immediately, but shall be
subject to the terms and conditions of Ordinance Nos. 864, 865, and 868.
RESOLUTION NO. 2012-30
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this loth day of may , 2012, by the following vote, to
wit:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
itt-___Prittars.
RA ELLE D. KLASS , CITY
CITY OF PALM DESERT, CALIFORNIA
BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NONE
NONE
NONE
2
ROBERT A. SPIE EL„( M
Resolution No. 2012-30
Exhibit A
City of Palm Desert, Schedule of Fines for Administrative Citations
Section
Description Offense Fine
Chapter 3.28 Transient Occupant Tax
3.28.060 (A thru B) (Transient Registration Occupation Permit
$100
Chapter 5.04 Business Licensing and Taxing
5.04.020 Business license tax certificate required $100
5.04.200 (A thru F) Posting and keeping of license $50
5.04.240 Operating a business without food handler permit $100
5.04.250 Operating a business without certificate of occupancy $100
5.04.320 Refusing to allow audit of books and records $50
Chapter 5.08 Deceptive Trade Practices
5.08.010 (B thru G) (Prohibited conduct for going out of business sales
Chapter 5.10 Short -Term Rentals
5.10.050 (A thru B Short-term Rental Permit- Required
5.10.070 (A thru R Operational requirements and standard conditions
5.10.090 (F) Public Nuisance
Chapter 5.80 Charitable Solicitations
$100
1st citation $1,000
2nd citation $1,500
3rd citation $2,500
1st citation $250
2nd citation $500
3rd citation $1,000
1st citation $250
2nd citation $500
3rd citation $1,000
5.80.020 (A thru C) Solicitation permit required
5.80.080 Manner of solicitation
Chapter 5.82 Regulation of Special Event Sales
5.82.020 (Permit required for garage, patio, yard type sales
$100
$100
$25
Chaoter 5.84 Distribution of Literature, Peddling and Solicitation
5.84.020 (A thru B) Distribution of commercial !iteration $75
Distribution of non-commercial literature to unwilling
5.84.030 recipients $75
5.84.050(A) Commercial solicitation prohibited in residential district $75
5.84.060 'Littering
$751
1
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
5.84.090
Refusal to leave unlawful
$100
5.84.100
Lawful solicitation - hour limit
$100
5.84.120
Peddling and soliciting in commercial/industrial services
$100
Chapter 5.86 Bathhouse, Escort Bureau and Introductory
Service
5.86.030(A thru F)
Bathhouse, escort bureau and introductory service permit
required
$100
5.86.070(A thru H)
Operational Criteria
$100
5.86.110(A thru M)
5.86.120(A thru C)
5.86.130
Registration of customers -records open to inspection
Bathhouse - operating requirements
Prohibition regarding specified anatomical areas and
specified sexual activities
Employment of and services to minors prohibited
$100
$100
$100
$100
Chapter 5.87 Massage Establishment and Massagists
5.87.030 (A thru E)
Massage and massagists permit required
5.87.070
Special events permit required
$100
$100
5.87.090 (A thru S)
Massage establishment operating requirements
5.87.100 (A thru C)
Prohibition regarding specified anatomical areas
5.87.110
Employment of and services rendered to minors
prohibited
5.87.190
Inspection required
$100
$100
$100
$100
5.87.220
Conducting a business as a nuisance
Chapter 5.88 Operation of Adult Entertainment Establishment
$100
5.88.030
5.88.070 (A thru S)
5.88.080
Adult entertainment establishment and adult
entertainment permits required
Operational criteria
Employment of and services to minors prohibited
$100
$100
$100
5.88.140
Inspection required
5.88.210 (A thru B)
Regulations pertaining to adult entertainers
5.88.220 (A thru B)
Hours of operation
5.88.230 (A thru B)
Public nudity at adult entertainment establishments is
prohibited
$100
$100
$100
$100
Chapter 5.90 Massagists Permits
5.90.020 (A thru D)
Massage therapy permit required
5.90.140 (A thru C)
Therapist's dress and identification
$100
$100
2
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
5.90.150 (A thru G)
5.90.170(B)
5.91.040 (A thru E)
5.91.050
5.92.020 (A thru D)
5.92.030
Other prohibited activities
Suspension and revocation of permit (CMTC)
Chapter 5.91 Abandoned Shopping Carts
Mandatory effective shopping cart nuisance abatement
program
RemovaI of shopping carts from retail establishments
prohibited
Chapter 5.92 Sound Trucks
Non-commercial use of sound trucks
Commercial advertising by sound trucks prohibited
Chapter 5.94 Motion Picture and Television Production
$100
$100
$50
$50
$100
$100
5.94.030
Motion picture and television production permit required
$100
Chapter 5.96 Bingo
5.96.020 (A thru C)
5.96.040 (A thru I)
Bingo license - application
Operation of licensed bingo games
$75
$50
Chapter 5.97 Food Vending Vehicles
5.97.030
(Food vending permit required $100
5.97.100 (A and B) Food vending truck regulations $100
5.97.110 (A thru G)
5.97.120 (A thru E)
5.97.130 (A and B)
5.97.140 (A thru C)
5.98.020
Prohibited conduct for food vending vehicles $100
Insurance provisions $100
Inspection of food vending trucks $100
Required signs and lettering $100
Chapter 5.98 Taxicabs
Issuance of taxicab permit $100
5.98.040
Display of business license tax vehicle decal $50
5.98.050 (A thru J) Regulations $50
5.98.060
Insurance requirements $50
5.98.080 (A thru F) Reports $50
Chapter 5.99 Food Sale from Pushcarts
5.99.030
5.99.100 (A thru C)
Food sale permit required
Prohibited conduct
$100
$100
15.99.110 (A thru G) Pushcart regulations $100
3
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
5.99.130
Insurance required
$100
Chapter 5.100 Entertainment Permits
5.100.020(A thru D)
Special event temporary entertainment permit required
$100
5.100.030 (A thru E)
Entertainment site plan required
$100
Chapter 6.08 Dog Licenses
6.08.010
Dog license required
$50
6.08.060
Anti -rabies vaccination required
$50
6.08.080
Tag - attachment required
$50
6.08.090
Tag - display required
$50
6.08.100
Tag - removal prohibited
$50
6.08.120
Kennels
$50
6.08.130
Cattery
$50
Chapter 6.12 Animal Control Officer
6.12.020
Interference with animal control duties
$100
Chapter 6.20 Impoundment
6.20.070 (A thru F)
Control and impoundment of dangerous or vicious animal
$50
Chapter 6.28 Offenses
6.28.010
Dogs running at large
$50
6.28.020 (A thru D)
Noise disturbances by animals
$50
6.28.025 (A thru C)
Dog defecation to be removed by owner
$50
6.28.030
Retention of dog by other than owner
$50
6.28.040
Unauthorized removal of animal from shelter
$100
6.28.050
Dogs at public schools prohibited
$50
6.28.070
Number of pets allowed
$50
6.28.090 (A thru C)
Violation penalty
$50
Chapter 8.04 Food Handlers
8.04.010
Food handler certificate required
$100
Chapter 8.12 Trash Enclosures
8.12.010 (Trash
enclosure required I
$75
4
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
Chapter 8.16 Solid Waste
8.16.020
8.16.030
8.16.035
8.16.040
Owner's responsibility
Container specifications
Storage of containers in residential district
Removal prohibited of containers
$50
$50
$50
$100
8.16.050
Noncompactable solid waste
$50
8.16.060
Hauling permit - exception
Chapter 8.17 Recyclable Materials
$100
8.17.030 (A and B)
Removing recyclable materal
$100
8.17.040 (A thru F)
Operation of recyclable business
$100
Chapter 8.20 Public Nuisance
8.20.020 (A thru T)
Unlawful property nuisances
$100
Chapter 8.23 Fireworks
8.23.020
Prohibitions of fireworks
$100
Chantar g_7a I ittarinc
8.24.010
8.24.020
8.24.040
8.24.050
8.24.070
Littering in private or public places
Illegal depositing of littering in receptacles
Depositing litter in gutters
Litter thrown from vehicles
Littering in parks
$100
$100
$100
$100
$100
Chapter
8.32 Vehicle Parking and Repairs in Residential Districts
8.32.030 (A and B)
(Certain parking and repairing of vehicles prohibited
Chapter 8.34 Tobacco Retailer License
I $50
8.34.020 (A thru C)
Tobacco retailer license requirements
$50
8.34.050
Display of license
$50
8.34.080 (A)
Tobacco license violation
$50
Chapter 8.36 Regulation and Prohibition of Smoking
8.36.030
Smoking Prohibited in unenclosed areas
$50
8.36.060
Failing to post no smoking signs
$50
8.36.100
Violation -penalty
$50
5
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
Chapter 8.40 Recreational Vehicles on Privarte Property
8.40.050 (A thru C)
Permitted and non -permitted uses of recreational vehicles
$50
8.40.080 (A thru F)
Temporary parking permit procedure
$50
8.40.100 (A thru C)
General conditions
$50
Chapter 8.55 Regulation of the Discharge of Sewage
8.55.010 (A and B)
Sewage discharge -alteration of plumbing facilities -
unlawful
$100
Chapter 8.70 Property Maintenance
8.70.010 thru
8.70.380
Property maintenance
$100
Chapter 8.85 Skate Park Regulations
8.85.050 (A thru D)
Use of the skate park and surrounding areas
$50
8.85.060 (A thru H)
Skate park regulations
$50
Chapter 9.12 Display and Sale of Drug Paraphernalia
9.12.010
9.12.020
Display of drug paraphernalia
Proprietor not to allow entry of minors
$100
$100
9.12.030
Minors not to enter
$100
9.12.040
Sale of drug paraphernalia to minors
$100
Chapter 9.20 Indecent Exposure
9.20.030 (A thru C) 'Exposure of female breast prohibited
9.20.040 (A thru C) 'Prohibition against display of private parts
$100
$100
Chapter 9.24 Noise Control
9.24.030 (A thru C)
Sound level limits
$100
9.24.040 (A and B)
Prohibited noise generally
$100
9.24.050 (A thru D)
Disturbing, excessive, offensive noise
$100
9.24.065
Parking lot sweepers
$100
9.24.070
Construction activities
$100
9.24.075 (A thru D)
Property maintenance activities
$100
9.24.080 (A and B)
Refuse and waste collection hours
$50
9.24.120
Interference with authorized personnel is prohibited
$100
Chapter 9.25 Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events
9.25.020
Loud or unruly gatherings - public nuisance
$250
6
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
Chapter 9.26 Unlawful Camping
9.26.020 (A and B)
Prohibited acts
$100
9.26.030(A 1 thru 3)
Storage of personal property in public places
$100
Chapter 9.30 Trespassing on Private Property
9.30.010 (A and B)
Trespassing on privately owned and operated business
premises
$100
Chapter 9.40 Graffiti
9.40.020 (A thru C)
Aerosol containers of paint and wide -tip markers. Sales to
persons under 18 years of age
$100
Storage and display of aerosol paint containers and
9.40.025
marking pens
$100
9.40.035
Possession of spray actuator prohibited when defacing or
damaging
$100
9.40.050
Graffiti prohibited
Chapter 9.48 Psychic Activities
$100
9.48.010 (A thru F)
(Fortune-telling, spiritism, and related activities
I
$100
Chapter 9.56 Curfew and Truancy of Minors
9.56.020 (A and B)
Curfew restrictions
$50
9.56.030 (A and B)
Truancy restrictions
$50
Chapter 9.58 Public Drinking and Liquor Possession
9.58.010
9.58.020 (Possession
Consumption of alcoholic beverage on public property
of alcoholic beverage on public property
Chapter 9.68 Discharge of Firearms
$100
$100
9.68.010
Discharge of firearms prohibited
$100
9.68.040
Parent or guardian not to permit use of firearms by minor
in hazardous manner
$100
Chapter 9.69 Laser Pointers
9.69.020
Laser pointers prohibited acts
$100
9.69.030
Possession by minor
$100
Chapter 9.70 Protection of Peace and Security at Medical Facilities
9.70.020 (A)
Prohibition against intentional interference with the
normal operations of a medical facility
$100
9.70.040 (A)
Failure to disperse or subsequently re -assembling
following an order from the police to disperse
$100
7
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
9.70.050
Prohibition against targeted demonstrations focused upon
and at or about a private residence
$100
Chapter 10.24 Act of Abandonment
10.24.160
Act of Abandonment
$100
Chapter 10.28 Miscellaneous Driving Rules
10.28.010
10.28.020
10.28.030
10.28.040
Driving through funeral procession or parade
Clinging to moving vehicle
Commercial vehicle using private driveways
Riding or driving on sidewalk
$50
$50
$50
$50
10.28.050
New pavement or markings
$50
10.28.060
Obedience to barriers and signs
$50
Chapter 10.32 Traffic -Control Devices
10.32.090
Unauthorized painting of curbs
$100
Chapter 10.48 Stopping, Standing and Parking
10.48.020
Stopping or standing in parkways prohibited
$50
10.48.030
No stopping and no parking zones
$50
10.48.040 (A thru J) No parking areas
10.48.050
10.48.060
10.48.070
10.48.080
Use of streets for storage of vehicles prohibited
Parking for demonstration
Repairing or greasing vehicle in public street
Washing or polishing vehicle in public street
10.48.090 (A and B) No parking adjacent to schools where posted
10.48.100 (A and B) No parking on narrow street where posted
10.48.120 (A thru D) Unlawful parking for peddler and vendor
$50
$50
$50
$50
$50
$50
$50
$50
10.48.130 (A and B)
Emergency parking signs
$50
10.48.150
10.48.160
10.48.170
10.48.180
Twenty-four minute parking
Forty -minute parking
One -hour parking
Two-hour parking
10.48.190 (A thru D) Parallel parking on one-way streets
10.48.200 (A)(1 & 2) Diagonal parking
10.48.210 Parking space markings
10.48.220 No stopping zones
10.48.230(A) Street sweeping in commercial district -parking restriction
$50
$50
$50
$50
$50
$50
$50
$50
$50
8
Resolution No. 2012-30
Exhibit A
Section Description Offense
Fine
10.48.250 (A thru D)
10.48.260 (A thru C)
10.50.010 (A and B)
10.50.030 (A and B)
10.50.035 (A and B)
Handicapped parking without placard
Blocking area surrounding handicapped parking
Chapter 10.50 Valet Parking
Valet parking permit required
Permits - issuance with conditions
Penalty and procedures
Chapter 10.56 Loading and Unloading
$330
$330
$100
$100
1st citation $100
2nd citation $250
3rd citation $500
4th citation $1,000
10.56.040
10.56.050
Standing for loading and unloading only
Standing in passenger loading zone
$50
$50
10.64.030
10.64.100
Chapter 10.64 Parade Permits
Parade permit required
Interference with parade prohibited
Chapter 10.68 Restricted use of Certain Streets
$100
$100
10.68.050
Commercial vehicle prohibited from using certain streets
$100
10.68.060 (A thru D) Permitted signs on taxi cabs
Chapter 10.76 Golf Carts
10.76.110 (A and B) !Golf cart operator safety criteria
Chapter 10.78 Electronic Personal Assistive Mobility Devices
General prohibition: electronic personal assistive mobility
10.78.030 (A) devices
10.78.040(A1) EPAMD: Safety regulations
$100
$100
$100
$100
Chapter 10.84 Ambulance Service
10.84.020 (Ambulance permit required
$100
Chapter 10.88 Off -Road Vehicles
10.88.010 (Off -road vehicles prohibited
$250
Chapter 10.96 Recreational Vehicles
10.96.020 (A thru E) !Temporary parking permit procedures for public street
$50
Chapter 10.98 Commercial Vehicles
10.98.010 (A thru C) !Commercial parking prohibtions and restrictions $150
9
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
Chapter 11.01 General Provisions Parks
11.01.020
Hours of use
$50
11.01.060
Permits for group gatherings
$50
11.01.080 (A thru Y)
Prohibited conduct generally
$50
11.01.090 (A thru D)
Use of pedestrian and bicycle or golf cart ways
$50
11.01.110
Children visiting parks with lakes
$50
11.01.120(A1 thru 6)
Duty to care for animals
$50
11.01.140 (A and B)
Amplified sound - permit required
$50
11.01.160
Amplified sound - power source designated
$50
11.01.210
Amphitheater- reservation, permit required
$50
Chapter 12.04 Encroachments and Excavations
12.04.010
Permit required for encroachments and excavations
$100
Chapter 12.24 Skateboarding and Roller Skating
12.24.010
Skateboard, roller skating prohibited in commercial and
office professional district
$50
Chapter 12.32 Tree Pruning
12.32.060
Tree pruning regulations
$100
Chapter 24.04 Water and Efficient Landscape
24.04.130 (A thru D)
Nuisance and water waste prevention
$100
24.04.150 (A and B)
Enforcement and penalties
$100
Chapter 24.12 Fugitive Dust (PM 10) Control
24.12.040 (A thru F)
PM 10 subject sources and control requirements
$500
24.12.060
PM 10 compliance, enforcement and penalties
$500
Chapter 24.16 Outdoor Lighting Requirements
24.16.150 (A and B)
Outdoor lighting violations and penalties
$100
24.20.060
Discharge in violation of municipal NPDES permit
$100
24.20.070
Illicit connection
$100
24.20.080
Reduction of pollutants in storm water
$100
24.20.090
Outdoor storage areas in commercial and industrial
facilities
$100
24.20.200
Concealment
$100
Chapter 25 Zoning
25.10.030
Conditional use permit required in agricultural district
$50
10
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
25.10.040
Prohibited uses in agricultural district
$50
25.14.030 (A thru K)
Conditional use permit required in estate residential
district
$50
25.14.040
Prohibited uses in estate residential district
$50
25.15.022 (A)
Conditional use permit in hillside planned residential
$50
25.16.030 (A thru K)
Conditional use permit required in R-1 District
$50
25.16.040
Prohibited uses in estate residential district
$50
25.18.030(A thru M)
Conditional use permit required in R-2 District
$50
25.18.040
Prohibited uses in R-2 District
$50
25.20.030(A thru 0)
Conditional use permit required in R-3 District
$50
25.20.040
Prohibited uses in R-3 District
$50
25.21.030
CUP required for second unit
$50
25.22.030 (A1)
CUP required in R-1-M district
$50
25.24.025 (A1)
CUP required in PR District
$50
25.25.014 (A1)
CUP required for OP District
$50
25.28.030(A thru N)
CUP required in C-1 District
$50
25.28.040 (A thru C)
Prohibited uses in C-1 District
$50
25.28.140 (A thru F)
All uses shall be conducted within a building
$50
25.28.150
Outdoor seating requirements for restaurant
$50
25.28.170
Incidental seating for restaurant and food stores
$50
25.30.026 (A and B)
Prohibited uses in PC district
$50
25.34.030 (A thru E)
CUP required in SI district
$50
25.34.050 (A thru C)
Prohibited uses in SI district
$50
25.38.030 (A thru R)
CUP required in P district
$50
25.38.040
Prohibited uses in P district
$50
25.42.040 (A thru D)
Prohibited uses in OS district
$50
25.46.030 (A thru D)
CUP required in D district
$50
25.46.040 (A thru C)
Prohibited uses in D district
$50
25.56.200
Traffic sight obstruction (line -of -sight)
$50
25.56.280 (A thru D)
Detached accessory building
$50
25.56.300 (A thru C)
Height regulations for structures, tower, spires, flag poles,
TV, radio antennas
$50
25.56.301 (A thru C)
Regulations for home satellite receiver
$50
25.56.302
Sale of alcoholic beverages in commercial zones rquire
CUP for certain types of businesses
$100
11
Resolution No. 2012-30
Exhibit A
Section
Description Offense
Fine
25.56.520
Approval required for exterior color modifications on any
commercial/residential building
$100
25.58.310 (A thru H)
Commercial / industrial off-street parking
$50
25.64.020
Temporary use permit
$50
25.66.020 (A and B)
Home occupation permit required
$50
25.66.030 (A thru J)
Violation of use and development standards
$50
25.66.080 (A and B)
Prohibited home occupation uses
$50
25.68.030 (A thru D)
Sign permit required
$50
25.68.050(A thru Q)
Prohibited signs
$50
26.68.060(A thru N)
General provisions for all signs
$100
25.68.080 (A thru L)
Standards for specific types of permanent signs
$100
25.68.090 (A thru E)
Regulations for temporary signs
$100
25.68.120 (A thru C)
Abatement of abandoned signs
$50
25.68.130 (A thru C)
Abatement of illegal signs
$50
25.72.100 (A)
Public nuisance of large family day care home use permits
$100
25.76.020
Non-conformings lots, buildings and uses in residential
zone
$50
25.76.030
Non-conformings lots, buildings and uses in non-
commercial zones
$50
25.76.060
Outdoor storage in non-resident zones must be screened
from view
$50
25.90.010
Certificate of use and occupancy required
$50
25.115.020
Medical marijuana dispensaries prohibited
$100
Chapter 27 Requirements and Standards of Land Alteration
27.12.010 (A thru C)
Land alteration permit required
$100
27.12.067
Blowing dust control required
$500
Chapter 27.28 Administration
27.28.035
Land alteration work without required permit
$100
27.28.155 (A thru C)
Stock piling and and mining permit required
$100
All other sections not listed herein
$50
Revised May 2012
12