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Home My WebLink AboutORD 209ORDINANCE NO. 209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE USE OF PUBLIC PARKS WITHIN SAID CITY AND PROVIDING FOR THE ISSUANCE OF A PERMIT. The City Council of the City of Palm Desert, California DOES HEREBY ORDAIN as follows: ' SECTION 1: That Chapter 11 be and the same is hereby added to the Palm Desert Municipal Code to read as follows: TITLE II Chapter 11: PARKS. Sec. 11.01.010 - Definitions. (a) "City Manager" is the City Manager of the City of Palm Desert. (b) "Chief of Police" is the Chief of Police of the City of Palm Desert. (c) "Public Works Director" is the Public Works Director of the City of Palm Desert. (d) "City" is the City of Palm Desert. (e) "Fire Chief" is the Chief of the fire department of the City of Palm Desert. (f) "Person" is any person, firm, partnership, association, group, corporation company or organization of any kind. (g) "Public Park" means any place in the City set aside for the general or limited use by the public, for the purpose of picnicking, recreation and re- --- Taxation. (h) "Camping" means the pitching of tents, use of sleeping bags, cots, beds or other paraphernalia usually assodtated with living in the out-of-doors. (i) "Overnight Sleeping" means sleeping during the hours between sunset and sunrise. (j) "Alcoholic Beverage" means beer, wine, whiskey, bourbon, any distillant of wine or any beverage, brew or distilled liquid containing any port ion of alcohol as one of its contents. (k) "Outdoor Gathering" means any music festival, art festival, public dance, political rally, organized meetings with or without speakers or entertainment, or food, or similar gatherings at which music, entertainment, or speeches are provided for professional or amateurs or by prerecorded or other means, to which members of the public are invited or admitted for a charge or free of charge, or which is attended by more than thirty persons. Parades and outdoor athletic contests which are otherwise permitted or approved by the City Council, or the Chief of Police, Ordinance 209 page .2 are not included within this definition of an outdoor gathering. Sec. 11.01.020 - Hours of use. There shall be no restrictions on the use of a "public park", except as provided in other sections of this chapter. Sec. 11.01.030 - Authority to Close Public Parks. The City Manager, the Chief of Police, the Fire Chief and the Director of Public Works for the City shall have joint authority to close any public park to public or private use when it is in the best interest of the City and the public welfare to do so. Sec. 11.01.040 - Restrictions. (a) Camping or Sleeping. No person shall pitch. a tent, or camp or sleep in any public park as defined in this chapter, except in areas specifically pro- vided for camping, except that it shall not be unlawful to sleep without the use of camping or overnight sleeping paraphernalia during the hours between sunrise and sunset. - (b) Fires. No person shall make or kindle a fire in any public park, except in designated picnic stoves, barbecues or fire pits provided for such purposes, without having first obtained express written permission of the Fire Chief to do so. Persons making or kindling fires in other than designated facilities must have written permission in their possession at the time of making or kindling a fire. (c) Alcoholic Beverages. No person shall bring into, consume, or have in their possession in any public park, an alcoholic beverage as defined in Section 1(j)- (d) Outdoor Gatherings. No person shall hold, conduct or manage an outdoor gathering as defined in this chapter, in any public park unless and until a permit 'to do so has first been obtained from the Director of Public Works as required by this chapter, and said permit shall be carried at all times by the person in charge of heading or managing said outdoor gathering. Sec. 11.04.010 - Application for Park Use Permit. Any person desiring to hold, conduct or manage an outdoor gathering as defined in Section 1(k) shall, not less than thirty nor more than sixty days before the date on which it is proposed to conduct or hold such outdoor gathering, file with the Public Works Director a verified application on a form furnished by the City, setting forth the followinq information. Qrd; i�nce No. 209 ,,..� �+"�►, page 3 (a) The name of the person or organization wishing to conduct or hold such outdoor gathering; (b) If the outdoor gathering is proposed to be conducted or held for, or on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and the authorized responsible head of such or- ganization; - (c) The name, address and telephone number of the person who will be the chairman or who will be responsible for the conducting or holding of the outdoor gathering; (d) The name, address and telephone number of the person or organization to whom the permit is desired to be issued; (e) The date when such outdoor gathering, is to be conducted or held; (f) The place at which the outdoor gathering, is desired to be -held; (g) The approximate number of persons who will attend such outdoor gatherings; (h) The time the outdoor gathering is to commence and the time it will terminate; (i) Whether such outdoor gathering will occupy all or a portion of a given public park area; (j) The applicant shall submit a refundable cleaning deposit. The amount of said deposit shall be determined by the Public Works Director, based upon the number of persons expected to attend the outdoor gathering. Said deposit shall be used exclusively for cleaning of the facility after the conclusion of the outdoor gathering. Any portion of said deposit not used for such cleaning shall be auto- matically refunded within 15 days after the event. Section 11.04.020 - Issuance of Permit For Park Use. The Public Works Director shall issue a permit as provided for by this chapter when, after investigation and consideration of information contained in the application, or information from any other source he finds that: (a) The holding or conducting of such outdoor gathering will not substantially interrupt or prevent the safe and orderly use of the public park by persons other than those attending the outdoor gathering; (b) The concentration of and conduct of persons attending such outdoor gathering will not unduly interfere with the proper police and fire protection of, or ambulance service to, the public park or areas contiguous to said public park; (c) The holding or conducting of such outdoor gathering is not reasonably likely to cause injury to person or property or to provoke disorderly conduct or create a disturbance; Ordinance No. 209 pa-, 4 (d) The holding or conducting of such outdoor gathering will not require the diversion of so great a number of police officers to maintain proper order, so as to prevent normalpolice protection to the City; (e) Such outdoor gathering is not to be held for the sole purpose of ad- vertising the goods, wares, services or merchandise of an individual or specific groups of business establishments or wholesale or retail vendors. Section 11.04.030 - Notice of Rejection. The Public Works Director shall act upon the application for an outdoor gathering permit within ten days after the filing thereof. If the Public Works Director disapproves the application, he shall mail to the applicant within fifteen days after the date upon which the application was filed a notice of his action, stating the reasons for his denial of the permit. Such notice shall be in writing and mailed to the address given by the applicant on the application for permit. Section 11.04.040 - Late Application. The Public Works Director shall have discretionary authority to consider any application for a permit for an outdoor gathering which is filed less than thirty days before the date such outdoor gathering is proposed to be held. Section 11.04.050 - Appeal. Any person who had been denied a permit required by this chapter may appeal to the City Council by filing a written notice of the appeal within five days after the mailing by the Public Works Director of the notice of rejection or denial. - Section 11.04.060 - Persons to Be Notified. Immediately upon the granting of a permit for an outdoor gathering, the Public Works Director shall send a copy of the approved permit to the following: (a) The City Manager; (b) The Fire Chief; (c) The City Planning Director; (d) The Riverside County Sheriff's department; (e) Any public official whose authority or functions may be affected -by the holding of an outdoor gathering or problems which may arise as a result of the outdoor gathering. SECTION 2: The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm desert, and shall certify to the passage and adoption of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. ,OrdioAnce 209 page 5 PASSED, APPROVED and ADOPTED, this 28 th day of June, 1979 by the City Council by the following vote: AYES: Brush, McPherson, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: None ATTEST: n a SHEILA R. GILLI.GAN, CITY PURK City of Palm Desert, California