HomeMy WebLinkAboutORD 1334ORDINANCE NO. 1334
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING AND UPDATING
VARIOUS CHAPTERS AND SECTIONS OF THE PALM
DESERT MUNICIPAL CODE.
WHEREAS, the City of Palm Desert ("City") is updating various sections of the Palm
Desert Municipal Code ("Municipal Code"), described particularly herein below in Ordinance
No. 1334, Amending and Updating Various Chapters and Sections of the Palm Desert
Municipal Code ("Ordinance"); and
WHEREAS, all other legal prerequisites to the presentation of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that the above recitals are true and correct
and, accordingly, are incorporated as a material part of this Ordinance.
Section 2. Amendment to Municipal Code Section 2.34.010. Municipal Code
Section 2.34.010 Terms of appointment —Residency requirement—unexcused absences —
Term length of the Municipal Code is hereby amended as follows:
"2.34.010 Terms of appointment —Residency requirement—Unexcused absences —
Term length.
A. The beginning date for all terms of appointment to any city committee or
commission will be January 1 and the ending date will be December 31, with the exception
of appointments made to fill unexpired terms of office, or appointments made to fill new
positions created during the year, but which will all be ultimately based upon the calendar
year thereafter. Following expiration of the term of office, each member shall continue to serve
until either he or she is reappointed or his or her successor is qualified and appointed.
B. All terms of office for city committee and commission members will be four
years, unless otherwise specified in the establishing ordinance, resolution, or bylaws therefor.
Each member of a committee or commission shall be eligible for reappointment at the
discretion of the city council, recognizing, however, that it is the city's goal to allow as many
qualified and willing individuals as possible an opportunity to serve their community.
C. Residency within the city limits of Palm Desert shall be a requirement for
appointment to a city committee or commission except in cases where the city council deems
it appropriate to appoint a nonresident to a board that has need of a specific expertise offered
by a nonresident.
ORDINANCE NO. 1334
D. Three unexcused absences from regular meetings in any one year (January
1—December 31) shall constitute an automatic resignation of members holding office on
boards that meet monthly.
E. Six unexcused absences from regular meetings in any one year (January 1—
December 31) shall constitute an automatic resignation of members holding office on boards
that meet twice monthly.
F. Two unexcused absences from regular meetings in any one year (January 1—
December 31) shall constitute an automatic resignation of members holding office on boards
that meet bimonthly.
G. One unexcused absence from regular meetings in any one year (January 1—
December 31) shall constitute an automatic resignation of members holding office on boards
that meet quarterly.
H. Upon written request by a member, the mayor may excuse an otherwise
unexcused absence.
1. Any or all members of any city committee or commission may be removed at
any time, with or without cause, by a vote of the city council."
Section 3. Amendment to Municipal Code Section 2.36.020. Additions and
deletions to Municipal Code Section 2.36.020 are hereby adopted as follows:
"2.36.020 Regular meetings.
Except as otherwise set by city council resolution, the city council shall hold regular
meetings on the date of second and fourth Thursday, at the location and time as may from
time to time be set forth by the council by resolution. If by reason of fire, flood, or other
emergency, it is unsafe to meet in the regular meeting place, the meetings may be held for
the duration of the emergency at such other place as is designated by the city council. When
the day for any regular meeting falls on a holiday, Christmas Eve or New Year's Eve, such
meeting shall be held at the same hour and place on the next succeeding day not a holiday,
or such other time as designated by the city council."
Section 4. Amendment to Municipal Code Section 8.12.030. Additions to Municipal
Code Section 8.12.030 are hereby adopted as follows:
Section 5. Amendment to Municipal Code Section 8.12.040. Additions to Municipal
Code Section 8.12.040 are hereby adopted as follows:
"8.12.040 Size.
The normal solid waste and recycling enclosure area shall be a minimum of twelve
feet deep, twenty-four feet two inches wide, with a six-foot six-inch ramp approach, and a six-
foot -high decorative wall and sight -obscuring gate. Equal space within the enclosure shall be
given to the recycling area and the solid waste area, or more space to the recycling area.
Mandatory organic waste recycling regulations may necessitate a larger trash enclosure to
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accommodate a third bin for organic waste material in cases where food -related businesses
are proposed or will be proposed in the future. Organic waste includes food waste, green
waste, landscape and pruning waste, nonhazardous wood waste, and food -soiled paper
waste that is mixed in with food waste. Deviation in size may be made by the director of
special programs."
Section 6. Amendment to Municipal Code Chapter 8.23. Additions and deletions to
Municipal Code Chapter 8.23 are hereby adopted as follows:
"Chapter 8.23 FIREWORKS
8.23.010 Fireworks defined.
As used in this chapter, the term "fireworks" includes, but is not limited to, firecrackers,
sparklers, roman candles, sky rockets, bottle rockets, smoke bombs, torpedoes, fountains,
and any device designated by its manufacturer as fireworks and any device classified as a
firework pursuant to Health and Safety Code Section 12511.
8.23.020 Prohibitions.
A. It is unlawful for any person to possess, store, use, discharge, manufacture,
sell, give or transport fireworks.
B. No person or organization shall maintain, conduct, advertise, produce, sell or
furnish tickets for a fireworks display unless a permit for said display is issued by the city. In
the event that a fireworks display occurs without issuance of a permit by the city, the person
and/or organization responsible for the fireworks display shall be subject to a five hundred
dollar fine.
C. In no case shall the discharge of a "salute" or any other similar class of
concussion style firework be permitted. In the event it is discovered that the discharge of a
"salute" or any other similar class of concussion style fireworks occurs, the person and/or
organization responsible for the fireworks display shall be subject to a two thousand dollar
fine.
8.23.030 Permit required.
A. An application for a permit to conduct a fireworks display (indoors and
outdoors) shall be submitted to the economic development and marketing department, no
less than thirty business days prior to the scheduled fireworks display_
B. No person or organization shall maintain, conduct, advertise, produce sell or
furnish tickets for a fireworks display unless a permit for said display is issued by the city. In
the event that a fireworks display occurs without issuance of a permit by the city, the person
and/or organization responsible for the fireworks display shall be subject to a five hundred
dollar fine.
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8.23.0340 EX ewe Exemption.
City -sponsored public fireworks displays shall be exempt from the prohibition against
the use of salutes.
8.23.050 Violations, penalties.
A. In addition to any other remedy allowed by law, and any other remedy provided
for in this chapter, any person who violates a provision of this chapter is subject to criminal
sanctions, civil actions, administrative penalties and, if applicable permit revocation.
B. Violations of this chapter constitute an infraction or misdemeanor and may be
enforced by any applicable law.
C. Violations of this chapter are hereby declared to be public nuisances.
D. Each person is guilty of a separate offense each day a violation is allowed to
continue and every violation of this chapter shall constitute a separate offense and shall be
subject to all remedies.
E. All remedies prescribed under this chapter shall be cumulative and the election
of one or more remedies shall not bar the city from the pursuit of any other remedy for the
purpose of enforcing the provisions hereof."
Section 7. Amendment to Municipal Code Section 10.08.030. Additions and
deletions to Municipal Code Section 10.08.030 are hereby adopted as follows:
10.08.030 Nonmoving traffic violations.
It is the duty of the traffic division, with such aid as may be rendered by other members
of the police department aver, members of the code division, volunteers approved by the
city manager, including Citizens on Patrol, to enforce nonmoving traffic violations under
Section 22507.8 and 22511.7 of the Vehicle Code, per Section 22507.9 of the Vehicle Code.
of the Gity, and to make arrests GF All parties shall be authorized to issue citations for violations
of such regulations; however; all parties except Citizens on Patrol may make arrests issue
Eitations for violation of such regulations.
Section 8. Amendment to Municipal Code Section 10.76.010. Additions and
deletions to Municipal Code Section 10.76.010 are hereby adopted as follows:
"10.76.010 Purpose and intent.
fer The California Streets and Highways Code authorizes the city to establish a golf cart
transportation plan. It is the intent of this legislation and the city to continue a golf cart
transportation system to accommodate the travel needs of commuters and other users. It is ...�
the further intent of the legislation to authorize the city to carry out a golf cart transportation
program that extends the use of the golf cart beyond the existing law; provided that the city.
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establish golf cart lanes, minimum golf cart standards, operation requirements, permit
procedures and reporting practices as provided therein."
Section 9. Amendment to Municipal Code Section 10.76.020. Additions and
deletions to Municipal Code section 10.76.020 are hereby adopted as follows:
"10.76.020 Definitions.
The following words and phrases when used in this chapter shall have the definitions
respectfully ascribed to them in this section. Whenever any words or phrases used in this
chapter are not defined but are defined in the California Vehicle Code and amendments
thereto, such definitions shall apply.
"City" means the city of Palm Desert.
"Golf cart" means an elertFiG poweFed a motor vehicle having not less than few three
wheels in contact with the ground and an unladen weight of less than three thous one
thousand three hundred (1,300) pounds which is designed to be and is operated at not more
than twenty-five miles per hour and is designed to carry not more than e�X four persons,
including the driver. For purposes of this chapter, "golf cart" includes, but is not limited to, a
utility style golf cart that is used for transporting maintenance equipment, and a shuttle style
golf cart.
"Golf cart lanes" is synonymous with "golf cart routes" and means all publicly owned
facilities that provide for golf cart travel including roadways designated by signs or permanent
markings which are shared with pedestrians, bicyclists, and other motorists in the plan area.
There shall be three categories of golf cart lanes:
1. Class I golf cart lanes provide a right-of-way completely separated from
any highway, with cross traffic by other motorists minimized, and designated for the
exclusive use of golf carts, or, where feasibly safe and when no parallel improvements
for pedestrians and bicyclists are available, designated for the shared use of golf carts,
bicyclists and pedestrians.
2. Class II golf cart lanes provide a restricted right-of-way on a highway
designated by striping and signage for the exclusive or semi -exclusive use of golf
carts, with through travel by motor vehicles or pedestrians prohibited, but with vehicle
parking and cross traffic by pedestrians and other motorists permitted.
3. Class III golf cart lanes are lanes on local streets with speed limits of
forty-five miles per hour or less and are shared with pedestrians, bicyclists and other
motorists."
Section 10. Amendment to Municipal Code Section 10.76.110. Additions and
deletions to Municipal Code section 10.76.110 are hereby adopted as follows:
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10.76.110 Golf cart operator safety criteria.
A. The city council finds that minimum golf cart operator safety criteria for golf cart
use on golf cart lanes have been established by the city engineer, police captain and golf cart
transportation committee.
B. The following safety criteria for operators are the minimum criteria set and
adopted by the city council:
1. A golf cart operator must have a valid driver's license issued by the state of
California or an acceptable foreign jurisdiction or be physically disabled and determined to be
able to operate an electric golf cart by their physician in writing and the city and to possess
knowledge of traffic signals, signs, rules, laws, and safety sufficient to have obtained a driver's
license in the absence of the disability.
2. Golf cart operators must comply with the financial responsibility requirements
of Vehicle Code Section 16020 et seq.
3. Golf cart operators must maintain golf cart in a safe condition and ensure that
an unobstructed view to the rear is maintained at all times the cart is in operation on public
streets.
4. Golf cart operators may only operate golf carts on public streets only during the
time period between one hour prior to sunrise and one hour after sunset.
5. A maximum of six four persons may ride in the golf cart and may only ride in
the main passenger compartment equipped with safety belts. The driver and all passengers
must wear safety belts at all times that the golf cart is being operated on public streets.
6. Except as otherwise provided by law, golf cart operators:
a. Must have a valid city golf cart permit for operation on public streets;
b. May travel on residential or business district streets with speed limits of twenty-
five m.p.h. or less;
C. May not travel on or along streets with speed limits in excess of twenty-five
m.p.h. except on designated golf cart routes; and
d. May not travel on, along or across state highways, except to cross at controlled
intersections as designated in the golf cart transportation plan and indicated on the golf cart
route map.
7. Golf cart permits issued by the city are valid only within, and designated golf
cart routes do not extend beyond, the geographic boundaries of the city. Possession of a
valid city golf cart permit does not authorize travel on or along public streets outside the
geographic boundaries of the city."
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Section 11. Amendment to Municipal Code Section 10.76.200. Additions and
deletions to Municipal Code section 10.76.200 are hereby adopted as follows:
"10.76.200 Enforcement of golf cart transportation plan.
The city council finds and determines that the city shall provide law
enforcement for the golf cart transportation plan and enforce the rules and regulations of the
Palm Desert Municipal Code, the Streets and Highways Code (Chapter 6, Division 2.5,
Sections 1950 through 196-71), and Section 21716 of the California Vehicle Code. Any person
operating a golf cart in violation of this chapter is guilty of an infraction punishable by a fine
not exceeding one hundred dollars."
Section 12. Amendment to Municipal Code Table 25.10-3. Additions and deletions
to Municipal Code Table 25.10-3 are hereby adopted as follows:
Table 25.10-3: Residential Zoning District Development Standards
Section 13. Amendment to Municipal Code Section 25.46.040(B). Municipal Code
Section 25.46.040(B) is hereby deleted in its entirety.
Section 14. Amendment to Municipal Code Section 25.52.040(B)(1). Municipal
Code Section 25.52.040(B)(1) is hereby deleted in its entirety.
Section 15. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of the Ordinance. The City Council declares that it
would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more section, subsection, sentence, clause or phrase
would be declared invalid, unconstitutional or unenforceable.
Section 16. CEQA. The City Council hereby finds and determines that the Project is
exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can
be seen with certainty that the Project would not have the potential or possibility for causing
a significant effect on the environment. Specifically, the proposed changes to the Municipal
Code are primarily administrative in nature and clean-up various inconsistencies that existed
in the prior version of the Municipal Code. Moreover, many of the changes are technical in
nature and do not allow for specific development. In reviewing the Project the City Council
has exercised its independent judgment and has reviewed and considered the Project in light
of all testimony received, both oral and written. Therefore, based upon the entire
administrative record, the City Council hereby determines that no further environmental
review is required for the proposed Project.
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SECTION 17. Publication. 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 circulated in the City of Palm Desert, California, and shall be in full ,
force and effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Palm Desert, California, on the 22nd day of February, 2018 by the following roll
call vote:
AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SAB JONA HAN, MAYOR
ATTEST:
RA HEL D. K21-
LASSE ,CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
c-'.a-o(;;;-9-oLg
APPROVED AS TO FORM:
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