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HomeMy WebLinkAboutORD 1243ORDINANCE NO. 1243 AN ORDINANCE OF THE CITY COUNCIL OF THE -- CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.10.050, 8.20.020, 9.24.075 AND 9.25.020 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, DEALING WITH PROPERTY MAINTENANCE ISSUES The City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION 1. That Sub -Section A of Section 5.10.050 of the Code of the City of Palm Desert, California be and the same is hereby amended to read as follows: "Section 5.10.050 Short-term rental permit —Required. A. The Operator is required to obtain a short-term rental permit from the city, pursuant to the provisions of this chapter and Chapter 3.28 respectively, before renting or advertising for rent any privately owned residential dwelling to any transient for a period less than a monthly basis." SECTION 2. ftwo That Section 8.20.020 of the Code of the City of Palm Desert, California be and the same is hereby amended to read as follows: "8.20.020 Unlawful property nuisances. It is unlawful and a public nuisance for any person that owns, leases, rents, occupies, has charge of or possesses any property in the city to maintain such property such that any of the following conditions, or similar conditions, exist thereon, including but not limited to: H. Any dust, sand, gravel, trash or other refuse and waste matter or debris which is allowed to interfere with the reasonable enjoyment of property by neighbors, or detrimentally affects property values in surrounding neighborhoods or community and /or resulting from construction activities within the city." SECTION 3. That Section 9.24.075 of the Code of the City of Palm Desert, California be and the same is hereby amended to read as follows: 72500.0000 1 \7525487.2 ORDINANCE NO. 1243 "Section 9.24.075 Property maintenance activities. A. Noise sources associated with property maintenance activity and all portable blowers, lawnmowers, edgers or similar devices shall be prohibited except during the following hours: October 1st through April 30th Monday through Sunday: Nine a.m. to five -thirty p.m. Government code holidays: Not allowed. May 1st through September 30th Monday through Friday: Eight a.m. to five -thirty p.m. Saturday and Sunday: Nine a.m. to five -thirty p.m. Government code holidays: Not allowed. Notwithstanding the hours of permitted operations, such equipment that constitutes a public nuisance may be abated as otherwise provided in this code. With the exception of blowers, all maintenance activities associated with golf courses and/or tennis courts can operate from five -thirty a.m. to seven p.m., seven days a week B. All Municipal maintenance activities are not subject to Subparagraph A." B. No person shall willfully make or continue, or willfully cause to be made or continued, any noise from any portable powered blower at a level which exceeds seventy decibels dBA measured at the midpoint of a wall area twenty feet long and ten feet high and at the horizontal distance fifty feet away from the midpoint of the wall, or not more than seventy-six decibels dBA at a horizontal distance of twenty-four feet using a sound level meter. C. No portable powered blower shall be operated in a manner which will permit dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or deposited onto neighboring property or public right-of-way. All waste shall be removed and disposed of in a sanitary manner by the use or property occupant. -2- ro No OR .r me .. 72500.00001 \7525487.2 ORDINANCE NO. 1243 SECTION 4. That Section 9.25.020 of the Code of the City of Palm Desert, California be and the same is hereby amended to read as follows: "Section 9.25.020 Loud or unruly gathering — Public nuisance. It is unlawful and a public nuisance to conduct a gathering of one or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction or public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, litter. A gathering constituting a public nuisance may be abated by the city by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and state statutes." SECTION 5. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and WOM circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ... -3- 72500.00001 \7525487.2 ORDINANCE NO. 1243 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 27T" day of September, 2012, by the following vote, to wit: MR AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIE L, yo ATTEST: E L D. K SS ,City Clerk City of Palm Desert, California 1o'`f-2�ta— -4- 72500.00001 \7525487.2 .r am .r .A aw