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HomeMy WebLinkAboutOrd Nos. 1169, 1170, 1171, & 1172 - Noise Disturbances ���-�sr�� o���_�__.��� ��3- C�c� ���a�r�u���� _�/ - a?O � �� CITY OF PALM DES � �ASSEu TO 2NQ REA�iNG� _ DEPARTMENT OF COMMUNITY D STAFF REPORT REQUEST: APPROVE FIRST READING OF ORDINANCE NOS. 117o AND �172 RELATED TO NOISE DISTURBANCES AND MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES AND GATHERINGS. SUBMITTED BY: Lauri Aylaian, Director of Community Development DATE: October 23, 2008 CONTENTS: Ordinance No. ll�o amending Chapter 9.24 Noise Control Ordinance No. 11�2 adding Chapter 9.25 regarding multiple responses to loud or unruly parties, gatherings, or other similar events Urgency Ordinance No. 1169 Urgency Ord�nance No. 1171 Recommendation: Waive further reading and: 1) Adopt Urgency Ordinance No. 1169 amending Chapter 9.24 Noise Control; 2) pass Ordinance No. ii�o to second reading amending Chapter 9.24 Noise Control; 3) adopt Urgency Ordinance No. il�i adding Chapter 9.25 regarding multiple responses to loud or unruly parties, gatherings, or other similar events; 4) pass Ordinance No. 11�2 to second reading adding Chapter 9.25 regarding multiple responses to loud or unruly parties, gatherings, or other similar events. Background: In 2007, staff received direction from the City Council to investigate and make recommendations to address the issues confronting the City relative to noise disturbance and entertainment establishments. The City Attorney prepared three ordinances in late 2007 with input from all departments involved. These ordinances were then presented to the Public Safety Commission at its meeting of September 12, 2007. In early 2008, City staff began a series of ineetings with local business owners on the proposed ordinances. The group worked together to recraft the entertainment Noise and Multiple Response Ordinances October 23, 2008 Page 2 of 2 ordinance, but left the noise and multiple response ordinances generally as recommended by the Public Safety Commission. The entertainment ordinance was considered and passed by the City Council several months ago. After revisions to refine the methodology for the noise measurement and to define prima facie violations, the noise ordinance and multiple response ordinance are now also ready for consideration by the City Council. Passage of the ordinances as urgency measures would allow them to be enforced immediately so that they will be effective through the whole of the shoulder season. If the City Council chooses to process these ordinances through the standard timeframe, they could still be in effect by the end of the calendar year. Submitted by: --� Lauri Aylaian Director of Community Development �� �,� — . / . �-�_ �` /" Homer Croy ACM for Dev lo ent Services �Y Carlos L. Ort a City Manager G:\Planning\Tonya Monroe\word files\City Council Staff Reports\10-23-08 Noise and Multiple Response Ordinances.doc ORDINANCE NO. 1169 AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.24 - NOISE CONTROL - OF THE PALM DESERT MUNICIPAL CODE 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, URGENCY ORDINANCE NO. 1169 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 tevel 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-h ig hway. "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. 2 URGENCY 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. 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 3 URGENCY ORDINANCE NO. 1169 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: 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 URGENCY ORDINANCE NO. 1169 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. 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. 5 URGENCY ORDINANCE NO. 1169 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; 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." 6 URGENCY ORDINANCE NO. 1169 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 First through April Thirtieth 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 First through September Thirtieth 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 15t through April 30th Monday through Sunday: Nine a.m. to five-thirty p.m. Government code holidays: Not allowed. May 15`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. 7 URGENCY ORDINANCE NO. 1169 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 finrenty-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 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. 8 URGENCY ORDINANCE NO. 1169 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. 9 URGENCY ORDINANCE NO. 1169 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. 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. 10 URGENCY ORDINANCE NO. 1169 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAI N: 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 11 ORDINANCE NO. 1170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.24— NOISE CONTROL - OF THE PALM DESERT MUNICIPAL CODE 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. ORDINANCE NO. 1170 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 ptace 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 2 ORDINANCE NO. 1170 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. (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. 3 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 ORDINANCE NO. 1170 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. 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. 5 ORDINANCE NO. 1170 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; 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; 6 ORDINANCE NO. 1170 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." 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 First through April Thirtieth 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 First through September Thirtieth 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 30th Monday through Sunday: Nine a.m. to five-thirty p.m. Government code holidays: Not allowed. May 15t through September 30tn Monday through Friday: Eight a.m. to five-thirty p.m. 7 ORDINANCE NO. 1170 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. 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. 8 ORDINANCE NO. 1170 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 d uty. 9.24.130 [Deleted] 9 ORDINANCE NO. 1170 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 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. 10 ORDINANCE NO. 1170 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. 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 11 ORDINANCE NO. 1171 AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.25 OF THE PALM DESERT MUNICIPAL CODE, 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. URGENCY ORDINANCE NO. 1171 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. 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. 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. Itlustrative 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 2 URGENCY ORDINANCE NO. 1171 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 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. 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 120 DAYS OF THIS NOTICE, INCLUDING BUT NOT LIMITED TO A DISTURBANCE LATER TODAY OR TONIGHT, A SUBSEQUENT RESPONSE FEE WILL BE IMPOSED UPON: 3 URGENCY ORDINANCE NO. 1171 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: 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 4 URGENCY ORDINANCE NO. 1171 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. 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: 5 URGENCY ORDINANCE NO. 1171 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 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. 6 URGENCY 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 120 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 120 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) 7 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." 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 immediatety 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. 8 URGENCY 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 9 ORDINANCE NO. 1172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 9.25 OF THE PALM DESERT MUNICIPAL CODE, 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 ORDINANCE NO. 1172 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. 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 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 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. 2 ORDINANCE NO. 1172 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 particutarly set forth below. 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 120 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 3 ORDINANCE NO. 1172 (Name and Signature of the Officer Issuing This Notice) (Officer's Phone Number) Date: Case Number: 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 4 ORDINANCE NO. 1172 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. 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 5 ORDINANCE NO. 1172 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 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. 6 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 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 120 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 120 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) 7 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." 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 � October 23, 2008 �° ? F� C� :.� r � T, ��='� - -�.� �,nn���T � Honorable 7ean Benson `� :�'�� (: �� 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 40�' 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, _ �Gx.CC�� �1���2%I;� Lilli Mandeli 72960 Grapevine Street Palm Desert, CA (760)346-3750