HomeMy WebLinkAboutNoise Disturbance Ordinances - Mtg of 11/20/08 CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approve first reading of Ordinance No. 1170 and 1172 related to
noise disturbances and multiple responses to loud or unruly parties
and gatherings and approve urgency ordinances No. 1169 and 1171
related to same.
SUBMITTED BY: Lauri Aylaian,
Director of Community Development
DATE: November 20, 2008
CONTENTS: Ordinance No.1170 amending Chapter 9.24 Noise Control
Ordinance No.1172 adding Chapter 9.25 regarding multiple responses
to loud or unruly parties, gatherings, or other similar events
Urgency Ordinance No. 1169
Urgency Ordinance No. 1171
Recommendation:
Waive further reading and: 1) Adopt Urgency Ordinance No. 1169
amending Chapter 9.24 Noise Control; 2) pass Ordinance No. 1170 to
second reading amending Chapter 9.24 Noise Control; 3) adopt Urgency
Ordinance No. 1171 adding Chapter 9.25 regarding multiple responses
to loud or unruly parties, gatherings, or other similar events; 4) pass
Ordinance No. 1172 to second reading adding Chapter 9.25 regarding
multiple responses to loud or unruly parties, gatherings, or other similar
events.
Background:
At the October 23, 2008 City Council meeting, staff received direction from the City
Council to include language in Ordinance 1172 to address situations in which the city
receives ongoing complaints that are proven to be frivolous. Staff has crafted language
that would make a person legally responsible for costs the city incurs responding to
ongoing complaints proven to be without merit. Section 9.25.070 has been amended to
reflect this.
Noise and Multiple Response Ordinances
November 20, 2008
Page 2 of 2
Borrowing some of the language used successfully in California State Law, a false,
ongoing noise complaint will be determined based on "...An intent to annoy or harass
[that] is established by proof of repeated calls over a period of time, however short, that
are unreasonable under the circumstances...". This requirement assures that persons
that honestly believe that there exists a violation that should be reported will not be
charged for the cost to respond to the alleged violation.
Where the responding police, fire, or code compliance officer establishes that a
complaint is a false report, one written warning will be issued. For subsequent false
reports from the same individual, a fee equivalent to the actual cost of the subsequent
response will be assessed. This scheme mirrors the fines associated with those for
individuals who sponsor loud or unruly gatherings that require repeated intervention by
law enforcement officers.
Submitted by:
___.--
`.��.--�G�'��--%-� APP OVEDNCIL ACSION:
Lauri A laian � DENIED
y RECEIVED 0 HER �"
Director of Commu ity Development Rp. �(70,— �
MEETING D�TE �,, p. � U� ���Q�� �/`f�
� AYES;�
, NOES: ` t� ,�f2$-�
� _ _. ., A1�S EN�.':__—�'A1L:�''� -----�.
..�iL3ST1�1�1`�', v _
omer Croy VER.iFIELI By; ��
ACM for Develop ent Services Originaa. ar� F��Q W j t �it� ��erk's Offi.cF
Carlos L. Orte a
City Manager
G:\PlanningWanine Judy\W ord Files\Urgency Ordinance\Staff Reportl1-20-08 Noise and Multiple Response Ordinances(2).doc
, �
� �` i � �at� `�, )�``rl�'�
October 23, 2008 ��'!-�`� ����,� � �r�.,
Honorable Jean Benson ?��?��� �� �'� I: Q�3
And City Council Members
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert , CA 92260
Dear Mayor Benson:
I am writing to express my concerns about the city's short term rental property policies
and asking that the city review its policies and practices to enhance monitoring and
enforcement.
I live next door to a property with out of town owners who have rented their property out
for short term weekend rentals. (73000 Grapevine Street) This practice has resulted in
ongoing problems with parking, noise, light and other related impacts to the quality of
life in our neighborhood.
The most recent example occurred October 10, 2008. Weekend renters invaded the
neighborhood on Friday and commenced partying. On Friday night at 11:15 my neighbor
and I had finally had enough of the noise, lights and profane language. I called the
property Management Company (Homes Run) and never received a call back while my
neighbor called the house and spoke to one of the renters. The woman sounded very
intoxicated and claimed that they had rented the home for her 40th birthday party. When
asked to please keep the noise down she stated "For $1000 a night I should be able to do
whatever l damn well please."
That says it all.
We visited city hall last week to register our concerns once again and the code
enforcement department is going to look into the matter. Staff suggested that neighbors
just call the police if things get too loud. (The City Planning Commission has a large file
on this issue from September of last year should you wish to review this matter in detail.)
While we certainly will do just that, it does not address the issue — short term rentals
should not be allowed in our residential neighborhoods. Our neighborhoods are not zoned
for hotel uses. Short term rentals are just that—hotels for the day.
Please consider banning all short term rentals in residential neighborhoods to keep our
neighborhoods what they were intended to be—residential.
Thank you, ,
V���
� ���'���
Lilli Mandeli 72960 Grapevine Street Palm Desert, CA (760)346-3750
ORDINANCE NO. 1169
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT
AMENDING CHAPTER 9.24 NOISE CONTROL
WHEREAS, the City of Palm Desert is authorized to implement amendments to
its current ordinances; and
WHEREAS, Government Code Section 36937(b) authorizes the City Council to
adopt urgency ordinances that are effective immediately, when necessary, for the
immediate preservation of public peace, health and safety; and
WHEREAS, Government Code Section 36937(b) requires that urgency
ordinances be passed by four-fifths vote of the City Council; and
WHEREAS, all the legal prerequisites relating to the adoption of this Urgency
Ordinance have occurred;
NOW THEREFORE, the City Council hereby of the City of Palm Desert does
ordain as follows:
SECTION 1. The City Council hereby incorporates by reference the recitals of
this Urgency Ordinance and finds that the adoption of this Urgency Ordinance
amending Chapter 9.24 is immediately necessary to promote the immediate
preservation of the public peace, health, and safety because inadequately controlled
noise presents a growing danger to the immediate health and welfare of the City of
Palm Desert.
SECTION 2. Chapter 9.24 is amended as follows:
"9.24.010 PURPOSE.
The City Council finds and declares that:
A. Inadequately controlled noise presents a growing danger to the health and
welfare of the residents of the City of Palm Desert; and
B. The making and creation of excessive, unnecessary or unusually loud
noises within the limits of the City of Palm Desert is a condition that has existed for
some time, however, the extent and volume of such noises is increasing; and
C. The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusually loud noises that are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, comfort, convenience,
safety, welfare and prosperity of the residents of the City of Palm Desert; and
ORDINANCE NO. 1169
D. Every person is entitled to an environment in which the noise in not
detrimental to his life, health, or enjoyment of property; and
E. The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted, is declared as a matter of legislative determination
and public policy, and it is further declared that the provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the residents of the City of Palm Desert.
9.24.020 DEFINITIONS.
"A weighted sound level" means the sound pressure level in decibels as
measured on a sound level meter using the A-weighting network. The level to read is
designated db (A) or dBA.
"Ambient noise level" means the all encompassing noise level associated with a
given environment, being a composite of sounds from all sources, excluding the alleged
offensive noise, at the location and approximate time at which a comparison with the
alleged offensive noise is to be made.
"Amplified music" means instrumental and/or vocal music amplified through
electronic means.
"Average sound level" means a sound level typical of the sound levels at a
certain place during a given period of time; also, means an equivalent continuous sound
level.
"Commercial establishments" includes, but not limited to, any nightclub,
restaurant, sports bar, industrial, retail or business establishment or combination
thereof.
"Construction equipment" means any tools, machinery or equipment used in
connection with construction operations, including all types of "special construction"
equipment as defined in the pertinent sections of the California Vehicle Code when
used in the construction process on any construction site, home improvement site or
property maintenance site, regardless of whether such site be located on-highway or
off-highway.
"Cumulative period" means an additive period of time composed of individual
time segments which may be continuous or interrupted.
"Decibel" means a unit measure of sound level noise.
"Disturbance" means any disturbance of the peace as defined by Penal Code
Section 415 or as otherwise defined herein.
ORDINANCE NO. 1169
"Disturbing, excessive or offensive noise" means any sound or noise from any
source in excess of the sound level or noise level set forth in Section 9.24.030.
"Emergency machinery," "vehicle" or "work" means any machinery, vehicle or
work used, employed or performed in an effort to protect, provide or restore safe
conditions in the community or for the citizenry, or work by private or public utilities
when restoring utility service.
"Fixed noise source" means a stationary device which creates sounds which are
fixed or motionless including but not limited to industrial and commercial machinery and
equipment, pumps, fans, compressors, generators, air conditions and refrigeration
equipment.
"Gathering" means any convergence of five or more persons.
"Impact noise" means the noise produced by the collision of one mass in motion
with a second mass which may be either in motion or in rest.
"Noise level" means the same as "sound level." The terms may be used
interchangeably herein.
"Peace officer" means a duly appointed officer of the City, as defined in Cal.
Penal Code, Ch. 4.5, §§ 830 et seq.
"Person" means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
"Portable powered blower" means any mechanically powered device, regardless
of the source of power, which is not stationary, and used for the purpose of blowing
leaves, dirt or other debris off sidewalks, lawns or other surfaces.
"Premises" means any real property or location at which a gathering may be
held.
"Sound level" (noise level) in decibels is the quantity measured using the
frequency weighting of A of a sound level meter as defined herein.
"Sound level meter" means an instrument meeting American National Standard
Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument
and the associated recording and analyzing equipment which will provide equivalent
data.
ORDINANCE NO. 1169
9.24.030 Sound level limits as related to fixed noise sources.
A. Regardless of whether an objective measurement by sound level meter is
involved, it shall be unlawful for any person to make, continue, or cause to be made or
continued, within the city limits any disturbing excessive or offensive noise or vibration
which causes discomfort or annoyance to any reasonable person of normal sensitivity
residing in the area or that is plainly audible at a distance greater than 50 feet from the
sources point for any purpose. The following ten-minute average sound level limits,
unless otherwise specifically indicated, shall apply as indicated in the following table as
it relates to a fixed noise source or pool equipment pursuant to 25.16.110 or leaf
blowers pursuant to Section 9.24.075.
Applicable Ten-Minute
Average Decibel Limit
Zone Time (A-weighted)
Residential - 7:00 a.m. to 10:00 p.m. 55
All Zones 10:00 p.m. to 7:00 a.m. 55
Public Institutional Zone 7:00 a.m. to 10:00 p.m. 65
10:00 p.m. to 7:00 a.m. 55
Commercial zone 7:00 a.m. to 10:00 p.m. 65
10:00 p.m. to 7:00 a.m.
Manufacturing Industrial 7:00 a.m. to 10:00 p.m. 70
Agricultural zone 10:00 p.m. to 7:00 a.m. 55
B. If the measured ambient noise level exceeds the applicable limit as noted
in the table in subsection A of this section, the allowable average sound level shall be
the ambient noise level. The ambient noise level shall be measured when the alleged
noise violation sources is not operating.
C. The sound level limit between two zoning districts shall be measured at
the higher allowable district.
9.24.040 Prohibited noise generally
A. It is unlawful for any person or property owner within the City of Palm
Desert to make, cause, or continue to make or cause, loud, excessive, impulsive or
intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.
B. The factors, standards, and conditions that may be considered in
determining whether a violation of the provisions of this section has been committed,
include, but are not limited to, the following:
ORDINANCE NO. 1169
1. The level of the noise;
2. The level and intensity of the background (ambient) noise, if any;
3. The proximity of the noise to residential or commercial sleeping
areas;
4. The nature, density and zoning of the area within which the noise
emanates;
5. The density of inhabitation of the area within which the noise
emanates;
6. The time of day and night the noise occurs;
7. The duration of the noise;
8. Whether the nature of the noise is natural or unnatural;
9. Whether the noise is constant, recurrent or intermittent;
10. Whether the noise is produced by a commercial or noncommercial
activity;
9.24.050 Disturbing, excessive, offensive noises ---- Declaration of certain
acts constituting.
The following activities are declared to be deemed disturbing, excessive or
offensive noises and any of the following shall constitute prima facie evidence of a
violation.
A. Horns, Signaling Devices, Muffler Systems, Car alarms, etc. Unnecessary
use or operation of horns, signaling devices, uncontrolled muffler noises, car alarms on
vehicles of all types, including motorcycles, and other equipment.
1. The operation of any such sound production or reproduction device,
radio receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in such a manner as to be
plainly audible at a distance of 50 feet or more from the building, structure or vehicle in
which located, or from the source point.
2. The operation of any sound amplifier, which is part of, or connected to,
any radio, stereo receiver, compact disc player, cassette tape player, or other similar
device when operated in such a manner as to be plainly audible at a distance of 50 feet
from the source point or when operated in such a manner as to cause a person to be
aware of vibration at a distance of 50 feet or more from the source point.
ORDINANCE NO. 1169
B. Uses restricted: the use, operation, or permitting to be played, used or
operated, any sound production or reproduction device, radio receiving set, musical
instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or
other machine or device for the producing or reproducing of sound in such a manner as
to disturb the peace, quiet, and comfort of any reasonable person of normal
sensitiveness.
C. Prima Facie Violations: Any of the following shall constitute evidence of a
prima facie violation of this section:
1. The operation of any such sound production or reproduction device,
radio receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in such a manner as to be
plainly audible at a distance of 50 feet from the building, structure or vehicle in which
located, or from the source point.
2. the operation of any sound amplifier, which is part of, or connected to,
any radio, stereo receiver, compact disc player, cassette tape player, or other similar
device when operated in such a manner as to be plainly audible at a distance of 50 feet
from the source point or when operated in such a manner as to cause a person to be
aware of vibration at a distance of 50 feet from the source point.
D. Enforcement of Prima Facie Violations: Any peace office, as defined in
Cal. Penal Code, Ch. 4.5 §§ 830 et seq., and/or the city manager or his designees who
are authorized to enforce the provisions of this chapter and who encounters evidence of
a prima facie violation of this section whereby the component(s) amplifying or
transmitting the sound in such a manner as to disturb the peace, quiet, or comfort of any
reasonable person of normal sensitivity in any area of the city shall be empowered to
issue a citation and/or to confiscate and impound as evidence, any or all of the
components amplifying or transmitting the sound.
9.24.060 Special provisions — Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. School bands, school athletic and school entertainment events;
B. Outdoor gatherings, public dances, shows and sporting and entertainment
events; provided, the events are authorized by the city;
C. Activities conducted in public parks and public playgrounds;
D. Any mechanical device, apparatus or equipment used, related to or
connected with emergency machinery, vehicle or work;
E. All mechanical devices, apparatus or equipment which are utilized for the
protection or salvage of agricultural crops during periods of potential or actual frost
damage or other adverse weather conditions;
ORDINANCE NO. 1169
F. Mobile noise sounds associated with agricultural operations provided such
operations do not take place between the hours of eight p.m. and seven a.m. on
weekdays, including Saturdays, or at any time on Sunday or a federal holiday;
G. Mobile noise sources associated with agricultural pest control through
pesticide application;
H. Noise Sources Associated with Property Maintenance. Refer to Section
9.24.075, "Properiy maintenance activities."
I. The provisions of this regulation shall not preclude the construction,
operation, maintenance and repairs of equipment, apparatus or facilities of park and
recreation departments, public work projects or essential public services and facilities,
including those of public utilities subject to the regulatory jurisdiction of the California
Public Utilities Commission;
J. Carillon chimes between the hours of eight a.m. to seven p.m.
K. Noise sources associated with construction activities. Refer to 9.24.070,
"Construction activities."
9.24.070 Construction activities.
No person shall perform, nor shall any person be employed nor shall any person
cause any other person to be employed to work for which a building permit is required
by the city in any work of construction, erection, demolition, alteration, repair, addition to
or improvement of any building, structure, road or improvement to realty except
between the hours as set forth as follows:
October 1 St through April 30tn
Monday through Friday: Seven a.m. to five-thirty p.m.
Saturday: Eight a.m. to five p.m.
Sunday: None
Government code holidays: None
May 1 St through September 30tn
Monday through Friday: Six a.m. to seven p.m.
Saturday: Eight a.m. to five p.m.
Sunday: None
Government code holidays: None
Emergency w�rk and/or unusual conditions may cause work to be permitted with
the consent of the city manager upon recommendation of the building director or the city
engineer.
ORDINANCE NO. 1169
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 1�through April 30tn
Monday through Sunday: Nine a.m. to five-thirty p.m.
Government code holidays: Not allowed.
May 1st through September 30tn
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. 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.
D. Leaf blowers shall not be operated within a horizontal distance of ten feet
of any operable window, door, or mechanical air intake opening or duct.
9.24.080 Refuse and waste collection hours.
The city contractor for collection of refuse and waste shall be authorized to
provide service as indicated in the following table:
A. Commercial.
1. Collection during winter months shall be between six a.m. and six
p.m.
2. Collection during summer months shall be between five-thirty a.m.
and six p.m.
ORDINANCE NO. 1169
B. Residential.
1. Collection during winter months shall be between six-thirty a.m. and
six p.m.
2. Collection during summer months shall be between five-thirty a.m.
and six p.m.
9.24.090 Schools, hospitals and churches—Special provisions.
It is unlawful for any person to create any noise which causes the noise level at
any school, hospital or church while the same is in use, to exceed the noise limits, as
specified in subsection A of Section 9.24.030, prescribed for the assigned noise zone in
which the school, hospital or church is located, or which noise level unreasonably
disturbs or annoys patients in the hospital.
9.24.100 Air conditioning, refrigeration and pool equipment.
The noise standards enumerated in Section 9.24.030 shall be increased by 8dBA
when the alleged offensive noise source is an air conditioning or refrigeration system or
associated equipment which was installed prior to the effective date of the ordinance
codified in this chapter. Installation of new equipment must be certified to be within the
provisions of this chapter. Installation of new equipment must be certified to be within
the provisions of this chapter for night and day operation noise level.
9.24.110 Noise level measurement.
A. The location selected for measuring exterior noise levels between
residential properties shall be at the property line of the affected residential property.
Affected residential property shall be the address from which the complaint was
received. Interior noise measurement shall be made within the affected residential unit.
The measurement shall be made at a point at least four feet from the wall, ceiling or
floor nearest the noise source.
The location selected for measuring exterior noise levels between non-residential
properties shall be at the property line of the affected property.
B. The location selected for measuring exterior noise levels between two
zoning districts shall be at the boundary of the two districts.
9.24.120 Interference with authorized personnel is prohibited.
No person shall interfere with, oppose or resist any authorized person charged
with enforcement of this chapter while such person is engaged in the performance of his
duty.
9.24.130 [Deleted]
ORDINANCE NO. 1169
9.24.140 Pre-existing noise source— Time extension.
Those commercial and/or industrial noise sources in existence prior to the date of
adoption of the ordinance codified in this chapter, which noise sources are an integral
part of a building, structure or similar fixed and permanent installation if in compliance
with local zoning structures, shall be granted a three-year period from the date of
adoption with which to comply with the provisions of the chapter. If, at the end of the
three-year period, it can be shown that compliance with the provisions herein
constitutes a hardship in terms of technical and economic feasibility, the time to comply
may be extended on an annual basis until such time as compliance may be affected.
9.24.150 Violation — Infractions
Any person violating any of the provisions of this chapter shall be deemed guilty
of an infraction.
9.24.160 Continuing or subsequent violations — Misdemeanor
Any person having been convicted of a violation of any provisions of this chapter
who thereafter commits a violation of the same provisions of this chapter shall be guilty
of a misdemeanor.
9.24.170 Severability
If any provision of this chapter is held to be unconstitutional or otherwise invalid
by any court of competent jurisdiction, the remaining provisions of this chapter shall not
be invalidated."
SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance complies with the "City of Palm Desert Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the ordinance is exempt because there is no possibility that
the adoption of the ordinance will have any significant negative effect on the
environment.
SECTION 4. SEVERABILITY
If any provision of this Urgency Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Urgency Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Urgency Ordinance are
severable. The City Council hereby declares that it would have adopted this Urgency
Ordinance irrespective of the invalidity of any particular portion thereof.
ORDINANCE NO. 1169
SECTION 5. ADOPTION
This Urgency Ordinance, as adopted by the necessary four-fifths (4/5) vote of the
members of this City Council, pursuant to Government Code Sections 36934 and 36937
shall take effect immediately upon its adoption.
SECTION 6. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this Urgency Ordinance once within fifteen (15) days of adoption in the Desert Sun, a
newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall post a certified copy of this Urgency Ordinance, including the vote
for and against the same, in the Office of the City Clerk in accordance with Government
Code § 36933.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
Best Best & Krieger LLP, City Attorney
City of Palm Desert, California
ORDINANCE NO. 1170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.24
NOISE CONTROL
The City Council of the City of Palm Desert, California does hereby ordain as
follows:
SECTION 1.
That Sections 9.24.010 through 9.24.170 be and the same are hereby amended in their
entirety to read as follows:
"9.24.010 PURPOSE.
The City Council finds and declares that:
A. Inadequately controlled noise presents a growing danger to the health and
welfare of the residents of the City of Palm Desert; and
B. The making and creation of excessive, unnecessary or unusually loud
noises within the limits of the City of Palm Desert is a condition that has existed for
some time, however, the extent and volume of such noises is increasing; and
C. The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusually loud noises that are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, comfort, convenience,
safety, welfare and prosperity of the residents of the City of Palm Desert; and
D. Every person is entitled to an environment in which the noise in not
detrimental to his life, health, or enjoyment of property; and
E. The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted, is declared as a matter of legislative determination
and public policy, and it is further declared that the provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the residents of the City of Palm Desert.
9.24.020 DEFINITIONS
"A weighted sound level" means the sound pressure level in decibels as
measured on a sound level meter using the A-weighting network. The level to read is
designated db (A) or dBA.
ORDINANCE NO. 1170
"Ambient noise level" means the all encompassing noise level associated with a
given environment, being a composite of sounds from all sources, excluding the alleged
offensive noise, at the location and approximate time at which a comparison with the
alleged offensive noise is to be made.
"Amplified music" means instrumental and/or vocal music amplified through
electronic means.
"Average sound level" means a sound level typical of the sound levels at a
certain place during a given period of time; also, means an equivalent continuous sound
level.
"Commercial establishments" includes, but not limited to, any nightclub,
restaurant, sports bar, industrial, retail or business establishment or combination
thereof.
"Construction equipment" means any tools, machinery or equipment used in
connection with construction operations, including all types of "special construction"
equipment as defined in the pertinent sections of the California Vehicle Code when
used in the construction process on any construction site, home improvement site or
property maintenance site, regardless of whether such site be located on-highway or
off-highway.
"Cumulative period" means an additive period of time composed of individual
time segments which may be continuous or interrupted.
"Decibel" means a unit measure of sound level noise.
"Disturbance" means any disturbance of the peace as defined by Penal Code
Section 415 or as otherwise defined herein.
"Disturbing, excessive or offensive noise" means any sound or noise from any
source in excess of the sound level or noise level set forth in Section 9.24.030.
"Emergency machinery," "vehicle" or "work" means any machinery, vehicle or
work used, employed or performed in an effort to protect, provide or restore safe
conditions in the community or for the citizenry, or work by private or public utilities
when restoring utility service.
"Fixed noise source" means a stationary device which creates sounds which are
fixed or motionless including but not limited to industrial and commercial machinery and
equipment, pumps, fans, compressors, generators, air conditions and refrigeration
equipment.
"Gathering" means any convergence of five or more persons.
ORDINANCE NO. 1170
"Impact noise" means the noise produced by the collision of one mass in motion
with a second mass which may be either in motion or in rest.
"Noise level" means the same as "sound level." The terms may be used
interchangeably herein.
"Peace officer" means a duly appointed officer of the City, as defined in Cal.
Penal Code, Ch. 4.5, §§ 830 et seq.
"Person" means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
"Portable powered blower" means any mechanically powered device, regardless
of the source of power, which is not stationary, and used for the purpose of blowing
leaves, dirt or other debris off sidewalks, lawns or other surfaces.
"Premises" means any real property or location at which a gathering may be
held.
"Sound level" (noise level) in decibels is the quantity measured using the
frequency weighting of A of a sound level meter as defined herein.
"Sound level meter" means an instrument meeting American National Standard
Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument
and the associated recording and analyzing equipment which will provide equivalent
data. (Ord. § 1, 1997; Ord. 691 § 1, 1992; Ord. 420 (part), 1985).
9.24.030 Sound level limits as related to fixed noise sources.
A. Regardless of whether an objective measurement by sound level meter is
involved, it shall be unlawful for any person to make, continue, or cause to be made or
continued, within the city limits any disturbing excessive or offensive noise or vibration
which causes discomfort or annoyance to any reasonable person of normal sensitivity
residing in the area or that is plainly audible at a distance greater than 50 feet from the
sources point for any purpose. The following ten-minute average sound level limits,
unless otherwise specifically indicated, shall apply as indicated in the following table as
it relates to a fixed noise source or pool equipment pursuant to 25.16.110 or leaf
blowers pursuant to Section 9.24.075.
ORDINANCE NO. 1170
Applicable Ten-Minute
Average Decibel Limit
Zone Time (A-weighted)
Residential - 7:00 a.m. to 10:00 p.m. 55
All Zones 10:00 p.m.to 7:00 a.m. 55
Public Institutional Zone 7:00 a.m. to 10:00 p.m. 65
10:00 p.m.to 7:00 a.m. 55
Commercial zone 7:00 a.m. to 10:00 p.m. 65
10:00 p.m. to 7:00 a.m.
Manufacturing Industrial 7:00 a.m. to 10:00 p.m. 70
Agricultural zone 10:00 p.m. to 7:00 a.m. 55
B. If the measured ambient noise level exceeds the applicable limit as noted
in the table in subsection A of this section, the allowable average sound level shall be
the ambient noise level. The ambient noise level shall be measured when the alleged
noise violation sources is not operating.
C. The sound level limit between two zoning districts shall be measured at
the higher allowable district.
9.24.040 Prohibited noise generally
A. It is unlawful for any person or property owner within the City of Palm
Desert to make, cause, or continue to make or cause loud, excessive, impulsive or
intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.
B. The factors, standards, and conditions that may be considered in
determining whether a violation of the provisions of this section has been committed,
include, but are not limited to, the following:
1. The level of the noise;
2. The level and intensity of the background (ambient) noise, if any;
3. The proximity of the noise to residential or commercial sleeping
areas;
4. The nature, density and zoning of the area within which the noise
emanates;
5. The density of inhabitation of the area within which the noise
emanates;
6. The time of day and night the noise occurs;
7. The duration of the noise;
ORDINANCE NO. 1170
8. Whether the nature of the noise is natural or unnatural;
9. Whether the noise is constant, recurrent or intermittent;
10. Whether the noise is produced by a commercial or noncommerciat
activity;
9.24.050 Disturbing, excessive, offensive noises ---- Declaration of certain
acts constituting.
The following activities, are declared to be deemed disturbing, excessive or
offensive noises and any of the following shall constitute prima facie evidence of a
violation.
A. Horns, Signaling Devices, Muffler Systems, Car alarms, etc. Unnecessary
use or operation of horns, signaling devices, uncontrolled muffler noises, car alarms on
vehicles of all types, including motorcycles, and other equipment.
1. The operation of any such sound production or reproduction device,
radio receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in such a manner as to be
plainly audible at a distance of 50 feet or more from the building, structure or vehicle in
which located, or from the source point.
2. The operation of any sound amplifier, which is part of, or connected
to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar
device when operated in such a manner as to be plainly audible at a distance of 50 feet
from the source point or when operated in such a manner as to cause a person to be
aware of vibration at a distance of 50 feet or more from the source point.
B. Uses restricted: the use, operation, or permitting to be played, used or
operated, any sound production or reproduction device, radio receiving set, musical
instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or
other machine or device for the producing or reproducing of sound in such a manner as
to disturb the peace, quiet, and comfort of any reasonable person of normal
sensitiveness.
C. Prima Facie Violations: Any of the following shall constitute evidence of a
prima facie violation of this section:
1. The operation of any such sound production or reproduction device,
radio receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in such a manner as to be
plainly audible at a distance of 50 feet from the building, structure or vehicle in which
located, or from the source point.
ORDINANCE NO. 1170
2. The operation of any sound amplifier, which is part of, or connected
to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar
device when operated in such a manner as to be plainly audible at a distance of 50 feet
from the source point or when operated in such a manner as to cause a person to be
aware of vibration at a distance of 50 feet from the source point.
D. Enforcement of Prima Facie Violations: Any peace office, as defined in
Cal. Penal Code, Ch. 4.5 §§ 830 et seq., and/or the city manager or his designees who
are authorized to enforce the provisions of this chapter and who encounters evidence of
a prima facie violation of this section whereby the component(s) amplifying or
transmitting the sound in such a manner as to disturb the peace, quiet, or comfort of any
reasonable person of normal sensitivity in any area of the city shall be empowered to
issue a citation and/or to confiscate and impound as evidence, any or all of the
components amplifying or transmitting the sound.
9.24.060 Special provisions — Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. School bands, school athletic and school entertainment events;
B. Outdoor gatherings, public dances, shows and sporting and entertainment
events; provided, the events are authorized by the city;
C. Activities conducted in public parks and public playgrounds;
D. Any mechanical device, apparatus or equipment used, related to or
connected with emergency machinery, vehicle or work;
E. All mechanical devices, apparatus or equipment which are utilized for the
protection or salvage of agricultural crops during periods of potential or actual frost
damage or other adverse weather conditions;
F. Mobile noise sounds associated with agricultural operations provided such
operations do not take place between the hours of eight p.m. and seven a.m. on
weekdays, including Saturdays, or at any time on Sunday or a federal holiday;
G. Mobile noise sources associated with agricultural pest control through
pesticide application;
H. Noise Sources Associated with Property Maintenance. Refer to Section
9.24.075, "Property maintenance activities."
I. The provisions of this regulation shall not preclude the construction,
operation, maintenance and repairs of equipment, apparatus or facilities of park and
recreation departments, public work projects or essential public services and facilities,
including those of public utilities subject to the regulatory jurisdiction of the California
Public Utilities Commission;
J. Carillon chimes between the hours of eight a.m. to seven p.m.
K. Noise sources associated with construction activities. Refer to 9.24.070,
"Construction activities."
ORDINANCE NO. 1170
9.24.070 Construction activities.
No person shall perform, nor shall any person be employed nor shall any person
cause any other person to be employed to work for which a building permit is required
by the city in any work of construction, erection, demolition, alteration, repair, addition to
or improvement of any building, structure, road or improvement to realty except
between the hours as set forth as follows:
October 18t through April 30th
Monday through Friday: Seven a.m. to five-thirty p.m.
Saturday: Eight a.m. to five p.m.
Sunday: None
Government code holidays: None
May 1gt through September 30tn
Monday through Friday: Six a.m. to seven p.m.
Saturday: Eight a.m. to five p.m.
Sunday: None
Government code holidays: None
Emergency work and/or unusual conditions may cause work to be permitted with
the consent of the city manager upon recommendation of the building director or the city
engineer.
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 30tn
Monday through Sunday: Nine a.m. to five-thirty p.m.
Government code holidays: Not allowed.
May 1�`through September 30tn
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.
ORDINANCE NO. 1170
B. No person shall willfully make or continue, or wilifully 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.
D. Leaf blowers shall not be operated within a horizontal distance of ten feet
of any operable window, door, or mechanical air intake opening or duct.
9.24.080 Refuse and waste collection hours.
The city contractor for collection of refuse and waste shall be authorized to
provide service as indicated in the following table:
A. Commercial.
1. Collection during winter months shall be between six a.m. and six
p.m.
2. Collection during summer months shall be between five-thirty a.m.
and six p.m.
B. Residential.
1. Collection during winter months shall be between six-thirty a.m. and
six p.m.
2. Collection during summer months shall be between five-thirty a.m.
and six p.m.
9.24.090 Schools, hospitals and churches—Special provisions.
It is unlawful for any person to create any noise which causes the noise level at
any school, hospital or church while the same is in use, to exceed the noise l`rmits, as
specified in subsection A of Section 9.24.030, prescribed for the assigned noise zone in
which the school, hospital or church is located, or which noise level unreasonably
disturbs or annoys patients in the hospital.
ORDINANCE NO. 1170
9.24.100 Air conditioning, refrigeration and pool equipment.
The noise standards enumerated in Section 9.24.030 shall be increased by 8dBA
when the alleged offensive noise source is an air conditioning or refrigeration system or
associated equipment which was installed prior to the effective date of the ordinance
codified in this chapter. Installation of new equipment must be certified to be within the
provisions of this chapter. Installation of new equipment must be certified to be within
the provisions of this chapter for night and day operation noise level.
9.24.110 Noise level measurement.
A. The location selected for measuring exterior noise levels between
residential properties shall be at the property line of the affected residential property.
Affected residential property shall be the address from which the complaint was
received. Interior noise measurement shall be made within the affected residential unit.
The measurement shall be made at a point at least four feet from the wall, ceiling or
floor nearest the noise source.
The location selected for measuring exterior noise levels between non-residential
properties shall be at the property line of the affected property.
B. The location selected for measuring exterior noise levels between two
zoning districts shall be at the boundary of the two districts.
9.24.120 Interference with authorized personnel is prohibited.
No person shall interfere with, oppose or resist any authorized person charged
with enforcement of this chapter while such person is engaged in the performance of his
duty.
9.24.130 [Deleted]
9.24.140 Pre-existing noise source—Time extension.
Those commercial and/or industrial noise sources in existence prior to the date of
adoption of the ordinance codified in this chapter, which noise sources are an integral
part of a building, structure or similar fixed and permanent installation if in compliance
with local zoning structures, shall be granted a three-year period from the date of
adoption with which to comply with the provisions of the chapter. If, at the end of the
three-year period, it can be shown that compliance with the provisions herein
constitutes a hardship in terms of technical and economic feasibility, the time to comply
may be extended on an annual basis until such time as compliance may be affected.
9.24.150 Violation — Infractions
Any person violating any of the provisions of this chapter shall be deemed guilty
of an infraction.
ORDINANCE NO. 1170
9.24.160 Continuing or subsequent violations — Misdemeanor
Any person having been convicted of a violation of any provisions of this chapter
who thereafter commits a violation of the same provisions of this chapter shall be guilty
of a misdemeanor.
9.24.170 Severability
If any provision of this chapter is held to be unconstitutional or otherwise invalid
by any court of competent jurisdiction, the remaining provisions of this chapter shall not
be invalidated."
SECTION 2. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance complies with the "City of Palm Desert Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the ordinance is exempt because there is no possibility that
the adoption of the ordinance will have any significant negative effect on the
environment.
SECTION 3. SEVERABILITY
Any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable. The City
Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 4. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance once within fifteen (15) days of adoption 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.
ORDINANCE NO. 1170
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
Best Best & Krieger LLP, City Attorney
City of Palm Desert, California
ORDINANCE NO. 1171
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT AMENDING
CHAPTER 9.25 REGARDING MULTIPLE RESPONSES TO LOUD OR
UNRULY PARTIES, GATHERINGS OR OTHER SIMILAR EVENTS
WHEREAS, the City of Palm Desert is authorized to implement amendments to its
current ordinances; and
WHEREAS, Government Code Section 36937(b) authorizes the City Council to
adopt urgency ordinances that are effective immediately, when necessary, for the
immediate preservation of public peace, health and safety; and
WHEREAS, Government Code Section 36937(b) requires that urgency
ordinances be passed by four-fifths vote of the City Council;
WHEREAS, all the legal prerequisites relating to the adoption of this Urgency
Ordinance have occurred;
NOW THEREFORE, the City Council of the City of Palm Desert does ordain as
follows:
SECTION 1.
The City Council hereby incorporates by reference the recitals of this urgency
ordinance and finds that the adoption of this Urgency Ordinance regarding multiple
responses to loud or unruly parties, gatherings or other similar events is necessary to
prevent a current and immediate threat to the public peace, public health, and safety in
that there is an immediate and recurring problem within the City of loud and unruly
parties that harass and annoy citizens and cause multiple law enforcement responses
that are costly and detract law enforcement resources from more important duties.
SECTION 2.
Chapter 9.25 is amended as follows:
Chapter 9.25
Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events
9.25.010 Declaration of findings and policy.
9.25.020 Loud or unruly gatherings— Public nuisance.
9.25.030 Notice of unruly gatherings— Posting, mail.
9.25.040 Persons liable for subsequent response to a gathering constituting a
public nuisance.
9.25.050 Schedule of civil penalties.
9.25.060 Collection of delinquent costs for a subsequent city response.
ORDINANCE NO. 1171
9.25.010 Declaration of findings and policy.
It is hereby found and declared that:
A. Due to inadequate supervision, some large gatherings of people, such as
parties, frequently become loud and unruly to the point that they constitute a threat to the
peace, health, safety, or general welfare of the public as a result of conduct such as one
or more of the following: excessive noise, excessive traffic, obstruction of public streets or
crowds who have spilled over into public streets, public drunkenness, the service of alcohol
to minors, fights, disturbances of the peace, and litter.
B. The City of Palm Desert is required to make multiple responses to such unruly
gatherings in order to restore and maintain the peace and protect public safety. Such
gatherings are a burden on scarce city resources and can result in police responses to
regular and emergency calls being delayed and police protection to the rest of the city
being reduced.
C. In order to discourage the occurrence of repeated foud and unruly
gatherings, the persons responsible for the public nuisance created by these gatherings
should be fined.
9.25.020 Loud or unruly gatherings— Public nuisance.
It shall be unlawful and a pubtic nuisance to conduct a gathering of ten 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 of 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.
9.25.030 Notice of unruly gatherings— Posting, mail.
A. When the city intervenes at a gathering which constitutes a public nuisance
under this chapter, the premises at which such nuisance occurred shall be posted with a
Notice substantially in the form attached hereto as Exhibit "A" stating that a public
nuisance under this chapter was caused by a gathering at the premises, the date and
time of the police intervention, and that any subsequent or second police intervention
with respect to a nuisance under this chapter at said premises, including a second
intervention that same day or night, within 60 days of the first intervention, shall result in
the joint and several liability of any guests causing the public nuisance, persons who are
residents or in control of the property at which the public nuisance occurred, persons
who sponsored the gathering constituting the public nuisance, and owners of the
premises as more fully set forth in sections 9.25.040 — 9.25.060 below. The residents
and persons in control of such property, and the sponsors of the event, shall be
ORDINANCE NO. 1171
responsible for ensuring that such Notice is not removed or defaced and shall be liable
for a civil penalty of $100 in addition to any other penalties which may be due under this
chapter, if such Notice is removed or defaced, provided, however, that the residents of
the premises or sponsor of the event, if present, shall be consulted as to the location in
which such Notice is posted in order to achieve both the security of the Notice and its
prominent display. The Notice shall remain posted for the entire 60-day period.
B. Notice of the police intervention shall also be mailed to any property owner
at the address shown on the city's property tax assessment records and shall advise the
property owner that any subsequent gathering resulting in a public nuisance within 60
days on the same premises necessitating city intervention shall result in liability of the
property owner for all penalties associated with such intervention as more particularly set
forth below.
ORDINANCE NO. 1171
EXHIBIT A
IMPORTANT NOTICE REGARDING
PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN THAT, pursuant to Palm Desert Municipal Code Chapter
(PDMC) 9.25, on:
Date: , 20 , at a.m. / p.m.
The Palm Desert Police Department found that a gathering, at the below-listed premises
caused a public nuisance as defined by PDMC Chapter 9.25 e.g., disturbance of the
peace, threat to public safety, etc.):
Address:
WARNING
IF THE POLICE RESPOND TO ANOTHER DISTURBANCE CONSTITUTING A
NUISANCE (AS DEFINED BY PDMC CHAPTER 9.25) AT THE ABOVE PREMISES
WITHIN 60 DAYS OF THIS NOTICE, INCLUDING BUT NOT LIMITED TO A
DISTURBANCE LATER TODAY OR TONIGHT, A SUBSEQUENT RESPONSE FEE
WILL BE IMPOSED UPON:
1. ALL GUESTS CAUSING THE NUISANCE
2. ALL SPONSORS OF THE GATHERING
3. ALL RESIDENTS OF THE PREMISES
4. ALL PERSONS IN CONTROL OF THE PREMISES
5. ALL OWNERS OF THE PREMISES THAT RESIDE ON OR ADJACENT TO THE
PREMISES, OR ARE PRESENT AT THE PREMISES WHEN THIS NOTICE IS
FIRST POSTED.
Property owners who do not reside on or adjacent to the above premises, and who are not
present when this Notice is first posted, are also jointly and severally liable for said fee, if
the next disturbance occurs after two weeks after this Notice is mailed to said owner.
THIS NOTICE MUST REMAIN POSTED ON THE PREMISES FOR 60 DAYS
$100 FINE FOR UNAUTHORIZED REMOVAL OF THIS NOTICE
(Name and Signature of the Officer Issuing This Notice)
(Officer's Phone Number)
Date:
Case Number:
ORDINANCE NO. 1171
9.25.040 Persons liable for subsequent response to a gathering constituting a
public nuisance.
If the city is required to intervene as to a gathering constituting a public nuisance
on the same premises more than once in any 60-day period, including a second
intervention during the same day or night as the first intervention, the following persons
shall be jointly and severally liable for civil penalties as set forth in Section 9.25.050
below, in addition to liability for any injuries to city personnel or damage to city property.
A. The person or persons who own the premises where the gathering owner
resides on or adjacent to the premises, (2) said owner was present when the Notice
described in Exhibit "A" was first posted, or (3) the Notice described in Exhibit "A" was
mailed to said owner and fourteen (14) days have elapsed since the date of said mailing.
For purposes of this subsection, where a gathering takes place within the confines of a
single unit in a building owned by a housing cooperative, the owner of the property shall
be deemed to be the owner of the single unit and not the members of the housing
cooperative in general. Where the gathering took place in the common area of a building
owned by a housing cooperative, only the members of the cooperative owning units in
the building where the gathering took place shall be deemed the owners of the property
for purposes of this subsection. Other members of the housing cooperative may still be
liable if they fall within the categories of person made liable by section 9.25.040,
subsections B., C., or D., below.
B. The person or persons residing on or otherwise in control of the property
where such gathering took place.
C. The person or persons who organized or sponsored such gathering.
D. All persons attending such gathering who engaged in any activity resulting
in the public nuisance.
E. Nothing in this section shall be construed to impose liability on the resident
or owners of the premises or sponsor of the gathering, for the conduct of persons who are
present without the express or implied consent of the resident or sponsor, as long as the
resident and sponsor have taken all steps reasonably necessary to exclude such uninvited
participants from the premises. Where an invited guest engages in conduct which the
sponsor or resident could not reasonably foresee and the conduct is an isolated instance
of a guest at the event violating the law which the sponsor is unable to reasonably control
without the intervention of the police, the unlawful conduct of the individual guest shall not
be attributable to the sponsor, owner, or resident for the purposes of determining whether
the event constitutes a public nuisance under this section.
ORDINANCE NO. 1171
F. There shall be no liability for civil penalties under this chapter for a
subsequent intervention during the same day or night as the prior intervention, unless a
reasonable time has been provided to abate the public nuisance, taking into account the
size of the gathering, the time of day, and other relevant factors.
G. There shall be no liability for civil penalties under this chapter for a second
response during the same day or night as the first response when a person who would
otherwise be liable under subdivision (A) seeks assistance from the Police Department to
abate a public nuisance under this Chapter, and the person cooperates fully with the police
while taking reasonable action to abate the public nuisance.
H. If the city is required to intervene at a gathering constituting a public
nuisance on the same premises more than once in any 60-day period, excluding a
second intervention during the same day or night as the first intervention, the 60-day
period shall be extended by another 60 days from the date of the second intervention.
9.25.050 Recovery of subsequent response fee.
A. After given proper notice pursuant to section 9.25.030 and a reasonable
opportunity to abate a gathering constituting a public nuisance, a subsequent response
fee shall be assessed against all persons liable for the city's intervention. The subsequent
response fee shall include:
1. The actual cost to the city of law enforcement services incurred as a
result of a subsequent response;
2. The actual cost of any medical treatment required by a police officer
for injuries sustained during a subsequent response;
3. The cost of repairing or replacing any city equipment or property
damaged or destroyed during a subsequent response.
B. Except as provided in subsection (A) of this section, the subsequent
response fee shall not exceed One Thousand Dollars ($1,000.00) for any subsequent
response.
C. The remedies set forth in this chapter shall be in addition to any other
penalties imposed by law for particular violations of law committed during the course of an
event which is a public nuisance under this ordinance, provided however, that if the only
violation of law which constituted the public nuisance under this chapter is excessive
noise, the remedies provided under this chapter shalf be exclusive of any other remedies
provided by law to the city for such excessive noise.
ORDINANCE NO. 1171
D. The city shall bill all persons liable for subsequent response fees by mail by
sending a letter in substantially the form attached hereto as Exhibit "B." Payment of the
fees shall be due within thirry (30) days of the date the bill is deposited in the mail. If full
payment is not received within the required time for payment, the bill will be delinquent,
and all persons liable for the fees shall be charged interest at the maximum legal rate
from the date the payment period expires and a further civil penalty in the amount of
$100.
ORDINANCE NO. 1171
EXHIBIT B
Date:
To:
Dear:
The City of Palm Desert was required to abate the public nuisance caused by a gathering
of 10 or more persons at (location of property), which substantially disrupted the quiet
enjoyment of property in a significant segment of the adjacent neighborhood. This is the
(second/third/fourth, etc.) such public nuisance at this property within the last 60 days,
and thus, a fee of is imposed on you. If you fail to remit this fine to the city of
Palm Desert by (30 days from the date of this notification) you will be liable for an
additional $100 penalty, plus interest. The payment should be remitted to the address
listed below. Your liability is based on the fact that you were:
[ ] An owner of the properry to whom was sent prior notice of a public nuisance at the
property within the previous 60 days; and/or
[ ] An owner of the property who resided on or adjacent to the property when the public
nuisance took place; and/or
[ ] An owner of the property who was present when a Notice of a public nuisance was
first posted at the property; and/or
[ ] A person who resided on or was otherwise in control of the property when the public
nuisance took place there; and/or
[ ] A person who organized or sponsored the event that created the public nuisance at
such property; and/or
[ ] A person who attended the event constituting the public nuisance at such property
and engaged in the conduct which resulted in the public nuisance.
If you believe that you are not liable you may defend this claim in the civil action which the
City of Palm Desert will file against you upon your failure to remit the fee. You should be
aware, however, that if you fail to prevail in that action you will be liable for the additional
penalty of $100 and interest on the total fee.
Sincerely yours,
(Name, title, address and phone number of signatory)
9.25.060 Collection of delinquent costs for a subsequent city response.
A. The penalties assessed as a result of a subsequent city response to a
loud or unruly gathering shall constitute a debt of all persons liable for the penalties in
favor of the city and may be collected in any manner authorized by law and are
recoverable in a civil action filed by the city in a court of competent jurisdiction. The
remedies provided by this chapter are in addition to all other civil and criminal remedies
available to the city with respect to the unlawful conduct constituting the public nuisance
which gave rise to the need for the city response under this chapter.
B. The City of Palm Desert may also collect the fees assessed against the
owner of the property as provided in chapter 8.20.11.
9.25.070 False reports prohibited.
A. The police department, fire department, code enforcement, and/ or other
peace officer will respond to a noise complaint. However, filing of false noise
complaints or reports is prohibited, and repeated violators will be liable for the city's
response costs.
B. A false noise complaint or report will be determined based on the false
reporter's intent to annoy or harass and/or the reporter's repeated verifiable false
reports. An intent to annoy or harass is established by proof of repeated calls over a
period of time, however short, that are unreasonable under the circumstances.
C. After the false reporter is given one (1) warning, a subsequent response
fee shall be assessed against the false reporter for the city's intervention in any
subsequent false report within a 60-day period. The subsequent response fee shall
include the actual cost to the city of law enforcement services incurred as a result of a
subsequent response. The city shall bill the false reporter for subsequent response
fees by mail by sending a written citation. Payment of the fees shall be due within thirty
(30) days of the date the bill is deposited in the mail. If full payment is not received
within the required time for payment, the bill will be delinquent, and the false reporter
shall be charged interest at the maximum legal rate from the date the payment period
expires and a further civil penalty in the amount of $100.
D. The penalties assessed as a result of a subsequent city response to a
false complaint or report shall constitute a debt of the false reporter in favor of the city
and may be collected in any manner authorized by law and are recoverable in a civil
action filed by the city in a court of competent jurisdiction. The remedies provided by
this chapter are in addition to all other civil and criminal remedies available to the city
with respect to the false report which gave rise to the need for the city response under
this chapter.
E. In lieu of issuing a subsequent response fee letter, the city may issue an
administrative citation, and/or assess an administrative fine consistent with the
response fee set out above, pursuant to Title 8, Chapter 8.81."
ORDINANCE NO. 1171
SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance complies with the "City of Palm Desert Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the ordinance is exempt because there is no possibility that
the adoption of the ordinance will have any significant negative effect on the
environment.
SECTION 4. SEVERABILITY
If any provision of this Urgency Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Urgency Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Urgency Ordinance are
severable. The City Council hereby declares that it would have adopted this Urgency
Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. ADOPTION
This Urgency Ordinance, as adopted by the necessary four-fifths (4/5) vote of the
members of this City Council, pursuant to Government Code Sections 36934 and 36937
shall take effect immediately upon its adoption.
SECTION 6. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this Urgency Ordinance once within fifteen (15) days of adoption in the Desert Sun, a
newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall post a certified copy of this Urgency Ordinance, including the vote
for and against the same, in the Office of the City Clerk in accordance with Government
Code § 36933.
ORDINANCE NO. 1171
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
Best Best & Krieger LLP, City Attorney
City of Palm Desert, California
ORDINANCE NO. 1172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING CHAPTER 9.25 REGARDING
MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES,
GATHERINGS OR OTHER SIMILAR EVENTS
The City Council of the City of Palm Desert, California does hereby ordain as follows:
SECTION 1.
That Chapter 9.25 be and the same is hereby added to the Code of the City of Palm
Desert, California to read as follows:
CHAPTER 9.25
MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES, GATHERINGS OR OTHER
SIMILAR EVENTS
9.25.010 Declaration of findings and policy.
9.25.020 Loud or unruly gatherings— Public nuisance.
9.25.030 Notice of unruly gatherings— Posting, mail.
9.25.040 Persons liable for subsequent response to a gathering constituting a
public nuisance.
9.25.050 Schedule of civil penalties.
9.25.060 Collection of delinquent costs for a subsequent city response.
Section 9.25.010 Declaration of findings and policy.
It is hereby found and declared that:
A. Due to inadequate supervision, some large gatherings of people, such as
parties, frequently become loud and unruly to the point that they constitute a threat to the
peace, health, safety, or general welfare of the public as a result of conduct such as one
or more of the following: excessive noise, excessive traffic, obstruction of public streets or
crowds who have spilled over into public streets, public drunkenness, the service of alcohol
to minors, fights, disturbances of the peace, and litter.
B. The City of Palm Desert is required to make multiple responses to such unruly
gatherings in order to restore and maintain the peace and protect public safety. Such
gatherings are a burden on scarce city resources and can result in police responses to
regular and emergency calls being delayed and police protection to the rest of the city
being reduced.
C. In order to discourage the occurrence of repeated loud and unruly
gatherings, the persons responsible for the public nuisance created by these gatherings
should be fined.
ORDINANCE NO. 1172
9.25.020 Loud or unruly gatherings— Public nuisance.
It shall be unlawful and a public nuisance to conduct a gathering of ten 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 of 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.
9.25.030 Notice of unruly gatherings— Posting, mail.
A. When the city intervenes at a gathering which constitutes a public nuisance
under this chapter, the premises at which such nuisance occurred shall be posted with a
Notice substantially in the form attached hereto as Exhibit "A" stating that a public
nuisance under this chapter was caused by a gathering at the premises, the date and
time of the police intervention, and that any subsequent or second police intervention
with respect to a nuisance under this chapter at s�id premises, including a second
intervention that same day or night, within 60 days of the first intervention, shall result in
the joint and several liability of any guests causing the public nuisance, persons who are
residents or in control of the property at which the public nuisance occurred, persons
who sponsored the gathering constituting the public nuisance, and owners of the
premises as more fully set forth in sections 9.25.040 — 9.25.060 below. The residents
and persons in control of such property, and the sponsors of the event, shall be
responsible for ensuring that such Notice is not removed or defaced and shall be liable
for a civil penalty of $100 in addition to any other penalties which may be due under this
chapter, if such Notice is removed or defaced, provided, however, that the residents of
the premises or sponsor of the event, if present, shall be consulted as to the location in
which such Notice is posted in order to achieve both the security of the Notice and its
prominent display. The Notice shall remain posted for the entire 60-day period.
B. Notice of the police intervention shall also be mailed to any property owner
at the address shown on the city's property tax assessment records and shall advise the
property owner that any subsequent gathering resulting in a public nuisance within 60
days on the same premises necessitating city intervention shall result in liability of the
property owner for all penalties associated with such intervention as more particularly set
forth below.
ORDINANCE NO. 1172
EXHIBIT A
IMPORTANT NOTICE REGARDING
PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN THAT, pursuant to Palm Desert Municipal Code Chapter
(PDMC) 9.25, on:
Date: , 20 , at a.m. /p.m.
The Palm Desert Police Department found that a gathering, at the below-listed premises
caused a public nuisance as defined by PDMC Chapter 9.25 e.g., disturbance of the
peace, threat to public safety, etc.):
Address:
WARNING
IF THE POLICE RESPOND TO ANOTHER DISTURBANCE CONSTITUTING A
NUISANCE (AS DEFINED BY PDMC CHAPTER 9.25) AT THE ABOVE PREMISES
WITHIN 60 DAYS OF THIS NOTICE, INCLUDING BUT NOT LIMITED TO A
DISTURBANCE LATER TODAY OR TONIGHT, A SUBSEQUENT RESPONSE FEE
WILL BE IMPOSED UPON:
1. ALL GUESTS CAUSING THE NUISANCE
2. ALL SPONSORS OF THE GATHERING
3. ALL RESIDENTS OF THE PREMISES
4. ALL PERSONS IN CONTROL OF THE PREMISES
5. ALL OWNERS OF THE PREMISES THAT RESIDE ON OR ADJACENT TO THE
PREMISES, OR ARE PRESENT AT THE PREMISES WHEN THIS NOTICE IS
FIRST POSTED.
Property owners who do not reside on or adjacent to the above premises, and who are
not present when this Notice is first posted, are also jointly and severally liable for said
fee, if the next disturbance occurs after two weeks after this Notice is mailed to said
owner.
THIS NOTICE MUST REMAIN POSTED ON THE PREMISES FOR 60 DAYS
$100 FINE FOR UNAUTHORIZED REMOVAL OF THIS NOTICE
(Name and Signature of the Officer Issuing This Notice)
(Officer's Phone Number)
Date:
Case Number:
ORDINANCE NO. 1172
9.25.040 Persons liable for subsequent response to a gathering constituting a
public nuisance.
If the city is required to intervene as to a gathering constituting a public nuisance
on the same premises more than once in any 60-day period, including a second
intervention during the same day or night as the first intervention, the following persons
shall be jointly and severally liable for civil penalties as set forth in Section 9.25.050
below, in addition to liability for any injuries to city personnel or damage to city property.
A. The person or persons who own the premises where the gathering
constituting a public nuisance took place if any of the following are the case: (1) said
owner resides on or adjacent to the premises, (2) said owner was present when the
Notice described in Exhibit "A" was first posted, or (3) the Notice described in Exhibit "A"
was mailed to said owner and fourteen (14) days have elapsed since the date of said
mailing. For purposes of this subsection, where a gathering takes place within the
confines of a single unit in a building owned by a housing cooperative, the owner of the
property shall be deemed to be the owner of the single unit and not the members of the
housing cooperative in general. Where the gathering took place in the common area of a
building owned by a housing cooperative, only the members of the cooperative owning
units in the building where the gathering took place shall be deemed the owners of the
property for purposes of this subsection. Other members of the housing cooperative may
still be liable if they fall within the categories of person made liable by section 9.25.040,
subsections B., C., or D., below.
B. The person or persons residing on or otherwise in control of the property
where such gathering took place.
C. The person or persons who organized or sponsored such gathering.
D. All persons attending such gathering who engaged in any activity resulting
in the public nuisance.
E. Nothing in this section shall be construed to impose liability on the resident
or owners of the premises or sponsor of the gathering, for the conduct of persons who are
present without the express or implied consent of the resident or sponsor, as long as the
resident and sponsor have taken all steps reasonably necessary to exclude such uninvited
participants from the premises. Where an invited guest engages in conduct which the
sponsor or resident could not reasonably foresee and the conduct is an isolated instance
of a guest at the event violating the law which the sponsor is unable to reasonably control
without the intervention of the police, the unlawful conduct of the individual guest shall not
be attributable to the sponsor, owner, or resident for the purposes of determining whether
the event constitutes a public nuisance under this section.
ORDINANCE NO. 1172
F. There shall be no liability for civil penalties under this chapter for a
subsequent intervention during the same day or night as the prior intervention, unless a
reasonable time has been provided to abate the public nuisance, taking into account the
size of the gathering, the time of day, and other relevant factors.
G. There shall be no liability for civil penalties under this chapter for a second
response during the same day or night as the first response when a person who would
otherwise be liable under subdivision (A) seeks assistance from the Police Department to
abate a public nuisance under this Chapter, and the person cooperates fully with the police
while taking reasonable action to abate the public nuisance.
H. If the city is required to intervene at a gathering constituting a public
nuisance on the same premises more than once in any 60-day period, excluding a
second intervention during the same day or night as the first intervention, the 60-day
period shall be extended by another 60 days from the date of the second intervention.
9.25.050 Recovery of subsequent response fee.
A. After given proper notice pursuant to section 9.25.030 and a reasonable
opportunity to abate a gathering constituting a public nuisance, a subsequent response
fee shall be assessed against all persons liable for the city's intervention. The subsequent
response fee shall include:
1. The actual cost to the city of law enforcement services incurred as a
result of a subsequent response;
2. The actual cost of any medical treatment required by a police officer
for injuries sustained during a subsequent response;
3. The cost of repairing or replacing any city equipment or properry
damaged or destroyed during a subsequent response.
B. Except as provided in subsection (A) of this section, the subsequent
response fee shall not exceed One Thousand Dollars ($1,000.00) for any subsequent
response.
C. The remedies set forth in this chapter shall be in addition to any other
penalties imposed by law for particular violations of law committed during the course of an
event which is a public nuisance under this ordinance, provided however, that if the only
violation of taw which constituted the public nuisance under this chapter is excessive
noise, the remedies provided under this chapter shall be exclusive of any other remedies
provided by law to the city for such excessive noise.
D. The city shall bill all persons liable for subsequent response fees by mail by
sending a letter in substantially the form attached hereto as Exhibit "B." Payment of the
fees shall be due within thirty (30) days of the date the bill is deposited in the mail. If full
payment is not received within the required time for payment, the bill will be delinquent,
and all persons liable for the fees shall be charged interest at the maximum legal rate
from the date the payment period expires and a further civil penalty in the amount of
$100.
ORDINANCE NO. 1172
EXHIBIT B
Date:
To:
Dear:
The City of Palm Desert was required to abate the public nuisance caused by a gathering
of 10 or more persons at (location of properry), which substantially disrupted the quiet
enjoyment of property in a significant segment of the adjacent neighborhood. This is the
(second/third/fourth, etc.) such public nuisance at this property within the last 60 days,
and thus, a fee of is imposed on you. If you fail to remit this fine to the city of
Palm Desert by (30 days from the date of this notification) you will be liable for an
additional $100 penalty, plus interest. The payment should be remitted to the address
listed below. Your liability is based on the fact that you were:
[ ] An owner of the property to whom was sent prior notice of a public nuisance at the
property within the previous 60 days; and/or
[ ] An owner of the property who resided on or adjacent to the property when the public
nuisance took place; and/or
[ ] An owner of the property who was present when a Notice of a public nuisance was
first posted at the property; and/or
[ ] A person who resided on or was otherwise in control of the property when the public
nuisance took place there; and/or
[ ] A person who organized or sponsored the event that created the public nuisance at
such properry; and/or
[ ] A person who attended the event constituting the public nuisance at such property
and engaged in the conduct which resulted in the public nuisance.
If you believe that you are not liable you may defend this claim in the civil action which the
City of Palm Desert will file against you upon your failure to remit the fee. You should be
aware, however, that if you fail to prevail in that action you will be liable for the additional
penalty of $100 and interest on the total fee.
Sincerely yours,
(Name, title, address and phone number of signatory)
ORDINANCE NO. 1172
9.25.060 Collection of delinquent costs for a subsequent city response.
A. The penalties assessed as a result of a subsequent city response to a
loud or unruly gathering shall constitute a debt of all persons liable for the penalties in
favor of the city and may be collected in any manner authorized by law and are
recoverable in a civil action filed by the city in a court of competent jurisdiction. The
remedies provided by this chapter are in addition to all other civil and criminal remedies
available to the city with respect to the unlawful conduct constituting the public nuisance
which gave rise to the need for the city response under this chapter.
B. The City of Palm Desert may also collect the fees assessed against the
owner of the property as provided in chapter 8.20.11.
9.25.070 False reports prohibited.
A. The police department, fire department, code enforcement, and/ or other
peace officer will respond to a noise complaint. However, filing of false noise
complaints or reports is prohibited, and repeated violators will be liable for the city's
response costs.
B. A false noise complaint or report will be determined based on the false
reporter's intent to annoy or harass and/or the reporter's repeated verifiable false
reports. An intent to annoy or harass is established by proof of repeated calls over a
period of time, however short, that are unreasonable under the circumstances.
C. After the false reporter is given one (1) warning, a subsequent response
fee shall be assessed against the false reporter for the city's intervention_ in any
subsequent false report within a 60-day period. The subsequent response fee shall
include the actual cost to the city of law enforcement services incurred as a result of a
subsequent response. The city shall bill the false reporter for subsequent response
fees by mail by sending a written citation. Payment of the fees shall be due within thirry
(30) days of the date the bill is deposited in the mail. If full payment is not received
within the required time for payment, the bill will be delinquent, and the false reporter
shall be charged interest at the maximum legal rate from the date the payment period
expires and a further civil penalty in the amount of $100.
D. The penalties assessed as a result of a subsequent city response to a
false complaint or report shall constitute a debt of the false reporter in favor of the city
and may be collected in any manner authorized by law and are recoverable in a civil
action filed by the city in a court of competent jurisdiction. The remedies provided by
this chapter are in addition to all other civil and criminal remedies available to the city
with respect to the false report which gave rise to the need for the city response under
this chapter.
E. In lieu of issuing a subsequent response fee letter, the city may issue an
administrative citation, and/or assess an administrative fine consistent with the
response fee set out above, pursuant to Title 8, Chapter 8.81."
ORDINANCE NO. 1172
SECTION 2. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance complies with the "City of Palm Desert Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the ordinance is exempt because there is no possibility that
the adoption of the ordinance will have any significant negative effect on the
environment.
SECTION 3. SEVERABILITY
Any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable. The City
Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 4. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance once within fifteen (15) days of adoption 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.
- 8 -
ORDINANCE NO. 1172
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
Best Best & Krieger LLP, City Attorney
City of Palm Desert, California
- 9 -