HomeMy WebLinkAboutORD 751ORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING TITLE 11, PARKS, OF THE PALM DESERT MUNICIPAL
CODE.
WHEREAS, the City of Palm Desert has established several beautiful
new parks during the last few years; and
WHEREAS, the park amenities within these parks now serve many more
residents throughout the community; and
WHEREAS, it is important to preserve and protect the park amenities
and the City's investment through appropriate rules and
regulations; and
WHEREAS, the enforcement of the rules and regulations will promote
the health, safety and welfare of the neighborhood residents and
park visitors.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, does hereby ordain as follows:
Section 1. That Title 11. Parks. be amended as reflected in
Exhibit A (Attached)
Section 2. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be printed
once in the Palm Desert Post, a newspaper of general circulation,
printed, published and circulated in the City of Palm Desert, and
the same shall be in full force and effect thirty (30) days after
its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Palm Desert, California on this 9th day of Jnn - 1994, by the
following vote, to wit: -
AYES: BENSON, SNYDER, WILSON
NOES: KELLY
ABSENT: CRITES
ABSTAIN: NONE
S.
� C
ATTES'i' :
SHEILA R -.--GIL IGAN,, ty Clerk
City of Palm Desert, California
W- WI N, MAYOR
OF PALM DESERT, CALI RNIA
AMENDED
BY ORDINANCE *...16 1
.....:....
DAr_u: c3�/3•D�
ORDINANCE NO. 751
CITY OF PALM DESERT
CHAPTER 11.01
GENERAL PROVISIONS
Sections:
11.01.010
Definitions
11.01.020
Hours of Use
11.01.030
Authority to Close Parks
11.01.040
Application of Chapter
11.01.050
Enforcement Powers of Peace Officers and
City Personnel
11.01.060
Permits for Outdoor Gatherings
11.01.070
Rules and Regulations; Promulgation by City
Manager
11.01.080
Prohibited, Restricted Conduct Generally
11.01.090
Use of Pedestrian, Bicycle, and Golf Cart Ways
11.01.100
Obstructing Pathways
11.01.110
Children Visiting Parks With Lakes
11.01.120
Duty to Care for Animals
11.01.130
Amplified Sound - Purpose of Regulations
11.01.140
Amplified Sound - Permit Required
11.01.150
Amplified Sound - Grant or Denial of Park Use
Permit
11.01.160
Amplified Sound - Power Source Designated
11.01.170
Amplified Sound - Regulation of Volume
11.01.180
Additional Alternate Power Sources - Approval,
Inspection and Fees
11.01.190
Amphitheater - General
11.01.200
Amphitheater - Reservations
11.01.210
Amphitheater - Reservation, Permit Application
11.01.220
Amphitheater - Permit Fee, Insurance
11.01.230
Violation - Penalty
11.01.010 Definitions
For the purpose of this title, the words and phrases set out
in this section shall apply:
A. "Alcoholic beverage" means beer, wine, whiskey,
bourbon, any distillant of wine or any beverage, brew or
distilled liquid containing any portion of alcohol as one of
its contents.
1
Rev 6-2-94
ORDINANCE NO. 751
B. "Amplified sound" means music, sound wave, vibration,
or speech projected or transmitted by electronic equipment,
including amplifiers.
C. "Camping" means the pitching of tents, use of
sleeping bags, cots, beds or other paraphernalia usually
associated with living in the out-of-doors. This includes the
use of motor homes, recreation vehicles or camper trailers in
parking lots.
D. "Chief of Police" is the chief of police of the city.
E. "City" is the City of Palm Desert.
F. "City Manager" is the city manager of the city.
G. "Director" means the director of public works, or any
other person authorized by him/her, pursuant to law, to act in
his/her stead.
H. "Fire Chief" is the chief of the fire department of
the city.
I. "Group 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 thirty or more persons. Parades and outdoor athletic
contests which are otherwise permitted or approved by the city
council, or the city manager, or director of public works, or
chief of police, are not included within this definition.
J. "Overnight. sleeping" means sleeping during the hours
between sunset and sunrise.
K. "Park" means any park, playground, athletic
facilities, recreation area or centers, or any other area or
structure maintained and operated by the city itself or in
conjunction with any other governmental or private entity.
L. "Permit" or "Reservation" means written authorization
for exclusive, or semi -exclusive use of parks or buildings or
portions thereof, as provided for and defined in this chapter.
M. "Person" is any person, firm, partnership,
association, group, corporation, company, or organization of
any kind.
2
ORDINANCE NO. 751
N. "Special Event" means any group gathering as defined
in 11.01.010 (I) desiring to reserve more than one park
amenity or charging for admission or publicly advertised or
having more than 150 participants.
O. "Vehicle" means any device by which any person or
property may be propelled, moved, or drawn, excepting a device
moved by human power.
11.01.020 Hours of Use
There shall be a park curfew from 11:00 P.M. to dawn on the
use of a public park except as provided in other sections of
this chapter.
11.01.030 Authority to Close Park
A. In an emergency or when the city manager, chief of
police or the director of public works, emergency services
manager (or an appropriately designated representative of any
such official) shall determine that the public* safety, or
public health, or public morals, or public interest demands
such action, any park, square, avenue, grounds or recreation
center or any park or portion thereof, may be closed against
the public and all persons may be excluded therefrom until
such emergency or other reason upon which determination of the
city manager, chief of police or the director of public works
is based has ceased, and upon the cessation thereof the park,
square, avenue, grounds or recreation center or part or
portion thereof so closed shall again be reopened to the
public by order of proper authority.
B. No person having knowledge of or having been advised
of any closure order issued pursuant to subsection (A) of this
section, shall refuse or fail immediately to remove himself
from the area or place so closed, and no such person shall
enter or remain within any such area or*place known by him to
be so closed, until such area or place has been reopened to
the public by order of the proper authority.
11.01.040 Application of Chapter
A. The provisions of this chapter shall apply to and be
in full force and effect at all park and recreation areas
which are now or which may hereafter be under the jurisdiction
and control of the city, including all grounds, roadways,
avenues, parks, buildings, when they are in use as
recreational facilities, and areas, under the control,
management or direction of the director of public works of the
K
ORDINANCE NO. 751
city. The provisions of this chapter shall govern the use of
all such parks and recreation areas and the observance of such
provisions shall be a condition under which the public may use
such parks and further be applicable outside such parks and
recreation areas where the context indicates an intention that
they so applied.
B. The provisions of this chapter shall not apply to any
public officer, employee or peace officer who is acting in the
course of and within the scope of the public business, nor to
any other person conducting public business or related
activities for, on behalf of, and pursuant to lawful authority
of, an appropriate public entity.
11.01.050 Enforcement Powers of Peace Officers and City Personnel
A. Power and authority is hereby given to the city
manager, the director of public works, or his/her designees,
and to any of the department of public works attendants
employed in such parks or recreation areas, in their
discretion, to eject and expel from such parks or recreation
areas or building thereon, any person who shall violate any of
the provisions of this chapter or any other law, ordinance or
adopted for the regulation and government of such parks or
recreation areas, or of public places in general. In addition
to his ordinary powers of arrest or citation, any peace
officer enforcing any such law or regulation shall be
authorized, in lieu of arresting or citing any violator, in
his discretion to so eject and expel such violator.
B. No person being ejected or expelled pursuant to the
authority of subsection (A) shall refuse to leave as ordered,
nor shall any person who has been so ejected or expelled,
return, during the calendar day in which he was ejected, to
the same park, recreation area or building, unless
specifically permitted to do so by the person who ejected him
or by the city manager or the director of public works.
11.01.060 Permits For Group Gatherings
No person shall hold, conduct, participate in, attend or
address any meeting, organized gathering or assemblage, group
picnic celebration, parade, service or exercise, of thirty or
more persons, in any park or recreation area without a written
permit granted by the Director as provided herein.
The application process for a Park Use Permit for group
gatherings is described in detail in Section 11.04.030.
4
ORDINANCE NO. 751
11.01.070 Rules and Regulations; Promulgation by City Manager
A. The city manager shall have power and authority to
promulgate rules and regulations governing the use and
enjoyment by the public and by individual members of the
public, or any park, recreation area, recreation or community
center, or any portion thereof, or governing the use and
enjoyment of any building, structure, equipment, apparatus or
appliances thereon, or governing any portion of the foregoing.
A copy of such rules and regulations, or a synopsis thereof
shall be posted in some conspicuous place at or near the
premises where such rules and regulations are to be effective,
or in lieu thereof, signs or notices may be posted at or near
said premises in order to give public notice of said rules and
regulations.
B. No person having knowledge of or having been advised
of any such rule or regulation promulgated pursuant to
subsection (A) or this section, shall disobey, violate, or
fail to comply with, any such rule or regulation.
C. No person shall disobey, violate, or fail to comply
with, any instruction, sign or notice posted in any park
recreation area, or community or recreation center, or in any
building or structure thereon, for the control, management, or
direction of such premises, when said instruction, sign or
notice has been posted in implementation of any rule or
regulation promulgated pursuant to subsection (A) of this
section.
11.01.080 Prohibited Conduct Generally
Within the limits of any public park or recreation area of the
city, no person shall:
(1) Ride or drive any horse or other animal, or propel any
vehicle, cycle or automobile, except at a place especially
designated and provided for such purpose;
(2) Carry or discharge any firearm, air gun, slingshot or
other device designed or intend to discharge, or capable of
discharging any dangerous missile, provided that this
subsection shall not apply to any peace officer or other
person lawfully licensed to carry a concealed weapon or who
regularly carries a weapon in connection with private
employment protecting property or persons (e.g.) private
patrol services and bodyguards);
(3) Carry or discharge any firecracker, rocket, torpedo or any
other fireworks, provided that this subsection shall not be
deemed to prohibit the possession or use of safe and sane
fireworks not otherwise prohibited by law, at places
5
ORDINANCE NO. 751
designated or provided for such purpose;
(4) Cut, break, injure, deface, or disturb any tree, shrub,
plant, rock, building, cage, pen, monument, fence, bench or
other structure, apparatus or property; or pluck, pull up,
cut, take or remove any shrub, bush, plant or flower; or mark
or write upon, paint or deface in any manner, any building,
monument, fence, bench or other structure;
(5) Cut or remove any wood, turf, grass, soil, rock, sand,
gravel, or fertilizer;
(6) Swim, bathe, wade in, or pollute the water of any
fountain, pond, lake or stream, except at a place especially
designated and provided for such purpose;
(7) Make or kindle a fire except in a picnic stove, brazier,
fire pit, or other appropriate device provided or approved for
that purpose by the public authorities;
( 8 ) Camp or lodge therein at any time, or otherwise remain
overnight, whether or not in a structure permanently affixed
to the ground, except at a place especially designated and
provided for such purpose (including, if overnight camping is
involved, the place shall have been cleared for such use by
the chief of police);
( 9 ) Wash dishes or empty salt water or other waste liquids
elsewhere than in facilities provided for such purpose;
(10) Leave garbage, cans, bottles, papers or other refuse
elsewhere than in receptacles provided therefor;
(11) Play or bet at or against any game which is played,
conducted, dealt or carried on. with cards, dice, or other
device, for money, chips, shells, credit or any other
representative of value, or maintain or exhibit any gambling
table or other instrument of gambling or gaming;
(12) Indulge in riotous, offensive, threatening, or indecent
conduct, or abusive, threatening, profane or indecent
language;
(13) Disturb in any unreasonable manner any picnic, meeting,
service, concert, exercise or exhibition;
(14) Distribute any commercial handbill without a prior permit
to do so from the department of code enforcement or city
manager, which permit shall be issued only after due
processing of an application and then only if the city manager
determines that it would be affirmatively in the public
interest to allow upon public property the commercial activity
6
ORDINANCE NO. 751
involved;
(15) Post, place, erect, or leave posted, placed or erected,
any commercial or noncommercial bill, handbill, circular,
notice, paper, or advertising device or matter of any kind, in
or upon any building, structure, pole, wire, or other
architectural or natural feature of whatever character, except
upon a bulletin board or such place especially designated and
provided for such purposes, unless prior approval to do so has
been obtained from the city manager, which approval shall be
given only if the city manager determines that it would be
affirmatively in the public interest to allow the use of
public property for such purposes, or that constitutional
principles require that the same be allowed;
(16) Place barricades, ropes, tape, or other restricting
device for the purpose of limiting the use of any park amenity
from persons or groups unless prior approval to do has been
obtained from the Director or city manager. Which approval
shall be given only to city personnel or city designee to
install or inspect installation.
(17) Sell or offer for sale any merchandise, article or thing
whatsoever, or practice, carry on, conduct, or solicit for,
any trade, occupation, business or profession, unless such
activity has been expressly allowed pursuant to specific
provisions to such effect contained in either:, a concession
agreement or franchise or the like duly entered into or
granted by the city council;
(18) Remain, stay or loiter therein between the hours of
eleven p.m. and dawn of the following day, except while
attending a gathering or meeting for which a permit has been
issued or which is being sponsored or conducted by the city
department of community services. This subsection shall not
apply to persons lawfully lodging, camping or otherwise
remaining overnight at a place especially designated and
provided for such purposes ( including, if overnight camping is
involved, the place shall have been cleared for such use by
the chief of police);
(19) Use any restroom, washroom or dressing facility
designated for the opposite sex, except that this subsection
shall not apply to children six years of age or younger who
are accompanied by an adult or other older person;
(20) Row, sail or operate any boat, craft or other device, on
or in any pond, lake, stream of water except at such place as
is especially designated and provided for use of such boat,
craft or device;
(21) Hunt, frighten, chase, set snare for, catch, injure or
7
ORDINANCE NO. 751
destroy any animal or bird, or destroy, remove or disturb any
of the young or eggs of same, or injure or maltreat any
domestic or other animal;
(22) Fish with hook and line, seine, trap, spear or net, or by
any other means, in any pond, lake, stream or water, except at
a place especially designated and provided for such purpose;
(23) No person shall bring into, consume, or have in their
possession in any park an alcoholic beverage as defined in
Section 11.01.010A, except as provided by Palm Desert
Municipal Code 9.58.040.
(24) No person shall urinate or evacuate their bowels within
any public area except in a public restroom.
11.01.090 Use of Pedestrian and Bicycle or Golf Cart Ways
A. No person shall drive or operate any motorized
vehicle, motorcycle, motor driven cycle on any area which has
been designated, set aside, or is used, as a pedestrian
walkway, trail, path, lane or way, or as a bicycle or golf car
trail, path, lane or way without written approval of the city
manager, director of public works or maintenance supervisor.
Section 11.01.090 (A) does not apply to electric golf carts
unless otherwise posted.
B. The public entity having ownership or control over
any such trail, path, lane, way or walkway may cause the same
to be posted with an appropriate sign or signs expressly
allowing the use of vehicles or devices otherwise prohibited
under the provisions of subsection (A) of this section shall
be inapplicable.
C. The provisions of subsection (A) of this section
shall not apply. to any electrically -driven wheelchair,
carrying a physically limited or otherwise physically
incapacitated person.
D. The public entity having ownership or control over
any trail, path, lane, way or walkway mentioned in subsection
(A) of this section, may, by the posting of any appropriate
sign or signs, further restrict the use of such trail, path,
lane, way or walkway by persons riding bicycles or other non -
motorized vehicles or devices, and when any such sign is
posted, no person all disobey any prohibition, restriction,
direction or other regulation expressed thereon.
8
ORDINANCE NO. 751
11.01.100 Obstructing Pathways
No persons shall assemble, collect or gather together in any
walk, driveway, passageway or pathway in any park or in other
places set apart for the travel of persons or vehicles in or
through any park or recreation area, or occupy the same so
that the free passage or use thereof by persons or vehicles
passing along the same shall be obstructed in any unreasonable
manner.
11.01.110 Children Visiting Parks with Lakes
No parent, guardian, or any person having the custody of any
child under the age of eight years, shall cause, permit or
allow such child to enter or visit any public park or
recreation area having a lake within the boundaries of such
park or recreation area unless such child is accompanied by a
person of not less than sixteen years of age.
11.01.120 Duty to Care for Animals
A. Dogs or cats must be led by a cord or chain not more
than six feet long or properly confined within the interior of
a vehicle, except:
(1) When dogs which have been specially trained and are
being used by blind or disabled persons to aid and guide
them in their movements;
(2) When dogs are within the boundaries of Canine
Commons and not posing a threat to other animals, persons
or property;
(3) Small pets which are. kept on the person of the
possessor at all times;
(4) In connection with activities authorized in writing
by the Director, including fowl or other animals turned
loose at the direction of the Director.
B. It is the mandatory duty of all persons owning,
possessing, in control of, or otherwise responsible for a dog,
cat or an equine animal in a city park to promptly collect,
pick up and remove all fecal matter left behind by said animal
in or upon the park; but this section shall not apply to guide
dogs for blind or disabled persons.
9
ORDINANCE NO. 751
11.01.130 Amplified Sound - Purpose of Regulations
The city has enacted those sections of this Chapter regulating
amplified sound for the sole purpose of securing and promoting
the public health, comfort, safety and welfare of its
citizenry. The use of electrical equipment of any kind in a
city park poses physical risks of harm for which the city may
have liability unless such use is reasonably regulated.
Additionally, the right of persons to speak is properly
limited with regard to time, place and manner by balancing the
correlative constitutional rights of the citizens of this
community to privacy and freedom from the public nuisance of
excessively loud and unnecessary sound.
11.01.140 Amplified Sound - Permit Required
It is unlawful for any person to install, use, and operate
within a park a loudspeaker or any sound amplifying equipment
for the purposes of giving instructions, directions, talks,
addresses, or lectures, or of transmitting music to any
persons or assemblages of persons in a park or in the vicinity
thereof, except when installed, used, or operated in
compliance with one of the following provisions:
A. By authorized city personnel or a contractor of the city
retained for this purpose; or
B. Under a reservation or park use permit issued by the
Director, and when operated in accordance with terms of that
reservation or permit.
11.01.150 Amplified Sound - Grant or Denial of Park Use Permit
A. In determining whether to grant or deny a park use permit
pursuant to Chapter 11.04, the Director shall be guided by the
following considerations:
1. The extent to which sound may carry into private or
residential areas of the city.
2. Any actual conflict with other scheduled park uses or
events.
3. The necessity for careful and safe provision of
electricity and the safety of individuals near such
electrical sources.
10
ORDINANCE NO. 751
B. If the Director denies the park use permit based on
applicant's desire to have amplified sound, the applicant may
appeal the Director's decision to the city council as
described in Chapter 11.04 of this Code.
C. The Director shall not deny a permit on the basis of
any dislike for or disagreement with the content of any
proposed talks, addresses, lectures, or musical presentations.
11.01.160 Amplified Sound - Power Source Designated
Amplifiers permitted in parks shall be operated only through
a power source provided by the city.
11.01.170 Amplified Sound - Regulation of Volume
A. If, at any time, the Director, Chief of Police or
Director of Code Compliance determines that the sound produced
by an amplified sound system in a park is in violation of
acceptable noise levels, a city employee or officer shall
request the person in charge of the assembly, or any other
person appearing to be involved in the production of the
sound, to immediately reduce the level thereof. If the sound
is not reduced within five minutes from the first notice to
the acceptable level as determined by the authorized
representative, the employee or officer shall immediately
cause the city power source to be terminated.
B. The maximum sound level in the park shall be set at
a 70 decibel average for any fifteen minute period. Sound
levels shall be measured at specified points as determined by
the city engineer. To protect the health, safety and welfare
of park users and adjacent residents.
11.01.180 Additional Alternate Power Sources - Approval,
Inspection and Fees
Any additional or alternate power source for lighting or other
purposes which may be required must be approved for such use
by the Department of Public Works or by the City Building and
Safety Director. The Building and Safety Department, or their
designee, must inspect all connections, wiring and components
of sound, lighting and/or wiring systems prior to rehearsal
and/or performance, and each may impose a fee for such
inspections.
11
ORDINANCE NO. 751
ll.01.190 Amphitheater - General
A. The reservation, use, operation of the City
Amphitheater shall be the responsibility of the Director. A
description of the facility may be obtained from the Director.
B. Person or groups using the facility must provide all
audio and lighting equipment, patch and electrical cords and
personnel required for set up/tear down, clean-up, event
management, security, dressing facilities, backdrops and
props.
11.01.200 Amphitheater - Reservation
A. Amphitheater hours are Monday through Sunday between
9:00 A.M. to 10:30 P.M. exclusive of set-up or sound checks,
tear down and warm-up time.
B. The users of the Amphitheater may charge admission or
request donations of attendees upon specific approval given by
either the City Manager or City Council within amphitheater
permit. However, the facility is designed as public area and
does not lend itself to restricted access events. A specific
plan must be developed identifying separated areas and type of
admission or donation collection.
C. The City shall not be held liable or responsible if
the facilities are deemed unusable for a scheduled event for.
any reason.
11.01.210 Amphitheater - Reservation, Permit Application
A. An application form to reserve the Amphitheater may
be obtained from the Director. The procedure to reserve the
amphitheater is set by PDMC Section 11.04.030, except the
following information shall be provided on the amphitheater
permit:
(1) Any admission or donation collection and use of
funds;
(2) Age group performance is directed to;
(3) Anticipated size of audience;
(4) Proposed sound and lighting equipment;
(5) Proposed event management;
12
ORDINANCE NO. 751
(6) Time schedule for set-up, sound checks, performance
and tear -down; 11"I
(7) Proposed crowd control and security measures;
(8) Parking requirements.
B. The applicant is solely responsible for consequences
resulting from promotion, advertising, tickets sales, and
other costs and responsibilities associated with the holding
of the event.
C. The City Manager shall be responsible for final
approval of all applications.
(1) No application for the use of the amphitheater shall
be transferable without the written consent of the City
Manager.
D. The application may be approved, rejected, or
approved with conditions. Should the application be rejected,
applicant shall be notified by letter. The letter will state
why the application is being denied.
E. The applicant may appeal the decision pursuant to
Section 11.04.080 of this Code.
11.01.220 Amphitheater - Permit Fee and Insurance
A. The Director shall keep a list of current fees and
charges associated with the reservation of the amphitheater
for dissemination to the public. In addition to the permit
fee, the user shall agree to:
(1) Bear the cost of all police and security;
(2) Make a security deposit to cover costs to oversee
the event, city staff time, and facility preparation;
(3) Reimburse the city for any additional costs incurred
for unusual clean-up, facility repair and additional
services.
B. (1) Any person or group holding an event at the
amphitheater shall provide evidence of current insurance, with
the city named as an additional insured, insuring the city
from any and all liability for injury to persons or property
resulting from the activity; or
(2) Obtain insurance through the city, based on
city insurance schedule and rates at user's cost.
13
ORDINANCE NO. 751
11.01.230 Violation - Penalty
It is unlawful for any person to violate any provision or fail
to comply with any of the requirements of this chapter. Any
person violating any provision of this chapter or failing to
comply with any of the requirements is deemed guilty of a
misdemeanor in accordance with Chapter 1.12 of this Code.
14
ORDINANCE NO. 751
CHAPTER 21.04
PARK RESERVATIONS AND PARK USE PERMIT
Sections:
11.04.010
Reservation - Responsibility
11.04.020
Reservation - Without Formal Park Use
11.04.030
Reservation - Formal Park Use Permit
11.04.040
Reservation Fee & Cleaning Deposit
11.04.050
Issuance of Permit for Park Use
11.04.060
Notice of Rejection
11.04.070
Late Application
11.04.080
Appeal
11.04.090
Persons to be Notified
11.04.100
Violation - Penalty
11.04.110
Severability
ll..04.010 Reservation - Responsibility
Permit
The Director, or his designee, shall be responsible for
scheduling and controlling the use of parks, or portions
thereof, for the maximum benefit and participation by
interested persons or groups, both public and private. All
reservable areas in the city parks shall be subject to
reservation according to the rules and regulations of the city
or the city's recreation provider. Activities sponsored by
the city or its recreation provider shall be given preference
in the use of city, parks.
11.04.020 Park Use Without Formal Park Use Permit
A. General Park Use
Use of the park amenities, including athletic courts and
fields, picnic areas and tables, playgrounds, sitting areas,
pathways, and other recreation and open space areas are on a
first -come, first -served basis unless otherwise specified by
the city. Some park areas are for general public use and are
not reservable.
B. Groups of less than thirty persons desiring the use of
park areas or structures, deemed by the Director as
15
ORDINANCE NO. 751
reservable, may request the Director to reserve designated
park areas for such use. If the group of less than thirty
desires to reserve a specific park area, the group must make
application for a formal park use permit. If the group of
less than thirty desires to have an activity in the park, the
group may utilize the park areas on a first -come, first -served
basis as long as the park area is not reserved and the
proposed activity meets all other city requirements for park
use and the use is reasonable in relation to the use of the
park by other persons or as to the effect of such use upon the
peace of the neighborhood.
11.04.030 - Reservation - Formal Park Use Permit
Any person desiring to hold, conduct or manage a group
gathering as defined in Section 11.01.010(I) shall, not less
than 30 nor more than 120 days before the date on which it is
proposed to conduct or hold such group gathering, file with
the Director, or their designee, a verified application on a
form furnished by the city, setting forth the following
information:
A. The name of the person or organization wishing to
conduct or hold such group gathering;
B. If the outdoor gathering is proposed to be conducted
or held for, or on behalf of, or by any organization, the
name, address and telephone number of the headquarters of
organization and the authorized responsible head of such
organization;
C. The name, address and telephone number of the person
who will be the chairman or who will be responsible for
conducting or holding of the group 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 group gathering is to be conducted
or held;
F. The place at which the group gathering is desired to
be held;
G. The approximate number of persons who will attend
such group gatherings;
H. The time the group gathering is to commence and the
time it will terminate;
I. All of the specific park areas or amenities or
16
ORDINANCE NO. 751
portions of a given public park area such group gathering will
occupy, use or reserve;
J. Any specific needs or amenities such as water,
electricity or any other serivice;
R. Whether the group will apply for the use of amplified
sound.
11.04.040 Reservation Fee and Cleaning Deposit
A. The applicant shall submit a refundable cleaning
deposit. The amount of the deposit shall be determined by the
Director, based upon the number of persons expected to attend
the group gathering. The deposit shall be used exclusively
for cleaning of the facility after the conclusion of the group
gathering. Any portion of the deposit not used for such
cleaning shall be automatically refunded within fifteen (15)
days after the event.
B. The applicant shall submit a non-refundable
administration fee at the time of park use permit application
submittal. The amount of the fee shall be determined by the
Director, based on the cost of administrating the reservation,
processing the application, and guaranteeing the availability
of the facility.
C. The applicant shall submit a reservation fee at the
time of the park use application submittal. The amount of
reservation fee shall be determined by the Director, based on
the actual cost of posting the permit, supervising the group
gathering and inspecting the recreation area after the
conclusion of the group gathering. The Director may establish
a fee.schedule discounting the reservation fee for applicants
residing within Palm Desert. The reservation fee shall be
refundable only when:
(1) The Director receives a written notice from the
responsible person or chairman of the group cancelling
the permit; and
(2) The notice cancelling the permit is received a
minimum of one day (24 hours) prior to the permitted
event; and
(3) No city or public entity funds were expended for
recreation improvements prior to the written
cancellation. If funds were expended by the permitted
organization or group, the group is entitled to the
difference between the fee and the expenditures, if any.
17 a
ORDINANCE NO. 751
D. The applicant shall submit to the Director any and
all special fees as described in the Palm Desert Municipal
Code including but not limited to Section 11.01.180,
Additional Alternate Power Sources - Approval Inspection and
Fees. These fees shall be imposed by the Director and are not
refundable.
E. The Director shall keep a list of current park use
fees and charges associated with the reservation of the
recreation and park amenities for dissemination to the.public.
The Director shall also keep a current procedure for payment
of said fees along with the rules and regulations of all park
use.
11.04.050 Issuance of Permit for Park Use
The 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 of 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 group gathering;
B. The concentration of and conduct of persons attending
such group gathering will not unduly interfere with the proper
police and fire protection of, or ambulance service to, the
public park or areas contiguous to the public park;
C. The holding or conducting of such group gathering not
reasonably likely to cause injury to person or property or to
provoke disorderly conduct or create a disturbance;
D. The holding or conducting of such group gathering
will not require the diversion of so great a number of police
officers to maintain proper order, so as to prevent normal
police protection to the city;
E. Such group gathering
purpose of advertising the
merchandise of an individual
establishments or wholesale
(Part),1979)
18
is not to be held for the sole
goods, wares, services or
or specific groups of business
or retail vendors. (Ord.21051
ORDINANCE NO. 751
11.04.060 Notice of Rejection
The Director shall act upon the application for a group
gathering permit within ten days after the filing thereof. If
the Director disapproves the application, he shall mail to the
applicant within fifteen days after the date upon which the
application has been 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 by the applicant on the
application for permit. (Ord.210 S1 (Part), 1979)
11.04.070 Late Application
The Director shall have discretionary authority to consider
any application for a permit for a group gathering which is
filed less than thirty days before the date such group
gathering is proposed to be held (Ord.210 Sl (Part), 1979)
11.04.080 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
Director of the notice of rejection or denial. (Ord.210 sl
(Part),1979)
11.04.090 Persons to be Notified
Immediately upon the granting of a permit for a group
gathering, the Director shall send a copy of the approved
permit to the following:
A. City Manager
B. Coachella Valley Recreation and Park District
C. Fire Chief
D. YMCA
E. Planning Director
F. Riverside County Sheriff's department
G. Any public official whose authority or functions may be
affected by the holding of a group gathering or problems
• which may arise as a result of the group gathering.
11.04.100 Violation - Penalty
It is unlawful for any person to violate any provision or fail
to comply with any of the requirements of this chapter. Any
person violating any provision of this chapter or failing to
19
ORDINANCE NO. 751
comply with any of the requirements is deemed guilty of a
misdemeanor in accordance with Chapter 1.12 of this Code.
11.04.110 Severability
If any provision, clause, sentence, or paragraph of this
chapter, or application thereof, to any person, establishment,
or circumstances, shall be held invalid, such validity shall
not affect the other provisions of this chapter which can be
given effect without the invalid provision or application, and
to this end, the provisions of this chapter are hereby to be
severable.
20