The city recognizes that there are houses and related residential
facilities within the community that due to their location, design,
size, or status as a home that may have been occupied by a celebrity
or other famous person, are desirable for the staging of special events.
The city allows such events to be staged in residential areas of the
city so long as such events do not unreasonably interfere with the
public health and safety of the residents or unreasonably endanger
any property within the city.
It is the purpose and intent of this chapter to provide the
means by which such events may be reasonably regulated to preserve
the public health and safety, provide for the protection of property,
and to maintain harmonious relations between the community or neighborhood
and those engaged in such activities.
(Ord. 1745 § 1, 2008)
For purposes of this chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this section:
means the owner of the event house.
means that person acting in the capacity of the city manager
of the city of Palm Springs or the city manager's designee.
means an occurrence or social occasion or other activity
that involves a gathering of persons, including without limitation,
a reception or party.
means one or more residential dwellings, including either
a single-family detached or multiplefamily attached unit, or any portion
of such a dwelling or the property, rented for occupancy for the purpose
of staging an event.
means the registration for an event submitted to the city
pursuant to this chapter.
means a local property manager, owner, or agent of the owner,
who is available twentyfour hours per day, seven days per week for
the purpose of responding within forty-five minutes to complaints
regarding the condition, operation, or conduct of occupants of the
event house, or any agent of the owner authorized by the owner to
take remedial action and respond to any violation of this code.
means the person(s) or entity(ies) that hold(s) legal and/or
equitable title to an event house. The term "owner" includes any lessee
of an owner who has an exclusive lease of the event house for a term
of at least one calendar month.
means a residential legal lot of record on which an event
house is located.
means an occupant of an event house who is at least eighteen
years of age and who shall be legally responsible for compliance of
all occupants of the unit and/or their guests with all provisions
of this chapter and/or this code.
means any consideration of any kind, including without limitation
money, services, or goods, of any kind or in any amount, but does
not include reimbursements for actual clean-up costs.
(Ord. 1745 § 1, 2008)
Except as otherwise provided in Section 5.75.040, it is unlawful for any person to stage an event at any property unless such person has first been issued an event house permit from the city manager for such event.
(Ord. 1745 § 1, 2008)
The provisions of this chapter shall not apply to any event
for which the owner does not receive any remuneration for an event
or for the owner's use of the owner's property as an event house.
(Ord. 1745 § 1, 2008)
(a)
Prior
to each use of a property as an event house, the applicant shall submit
a complete application to the city manager on an application form
furnished by or acceptable to the city manager and signed by the applicant
under penalty of perjury. Each application shall be filed at least
sixty days prior to the proposed event and contain the following information:
(1)
The name, address, and telephone number of the owner of the unit
for which the permit is to be issued;
(2)
The name, address, and telephone number of the agent, if any, of
the owner of the unit;
(3)
The name, address, and twenty-four-hour telephone number of the local
contact person;
(4)
The address of the residential property proposed to be used as an
event house, a description of the event, date of the event, hours
of operation including all pertinent operation descriptions including
without limitation the setup and cleanup, a descriptive list of all
activities proposed to be carried on as part of the event and the
location of such activities, and a list of all facilities which applicant
desires to use in conjunction with the proposed event;
(5)
Evidence of a valid business license issued by the city for the separate
business of operating an event house or similar business activity
or submission of a certificate that owner is exempt or otherwise not
covered by the city's Business Tax Ordinance (Division II, Title 3
of the Palm Springs Municipal Code) for such activity;
(6)
Acknowledgement of receipt and inspection of a copy of all regulations
pertaining to the operation of an event house;
(7)
The applicant shall provide conclusive evidence that the applicant
mailed or delivered written notice of the application to the all property
owners shown on the last equalized county assessment roll and all
occupants of each dwelling unit within three hundred feet of the proposed
event house and to the office of neighborhood involvement of the city.
Such notice shall have been commenced no more than fifteen days before,
and completed no more than three days prior to, the submission of
the application to the city manager. The notice shall include:
(A)
The date, time, hours of operation, and a complete description of
all activities for the event house as required to be submitted as
part of the application pursuant to subsections (1) through (4) of
this subsection,
(B)
The name and twenty-four hour contact phone number of the local contact
person for the property, and
(C)
Direction that written comments regarding the event or the use of
the property as an event house may be submitted to the city manager
within twenty days of the date of the notice;
(8)
Such other information as the city manager deems reasonably necessary
to administer this chapter.
(b)
The
application shall be accompanied by a fee established by resolution
of the city council, provided, however, the fee shall be no greater
than reasonably necessary to cover the full cost incurred by the city
in administering the provisions of this chapter.
(c)
An application for an event house permit may be denied if an event house permit for the same unit and issued to the same owner has previously been revoked pursuant to this chapter or if the city manager determines that the applicant failed to provide the information required in this section or failed to provide the notice as required in subsection (a)(7) of this section.
(d)
All
information provided on an application for an event house permit shall
be deemed public information and the owner and/or the applicant shall
consent to the distribution of all such information in such manner
or format as the city manager may determine appropriate, including
posting on a city-sponsored web page.
(Ord. 1745 § 1, 2008)
(a)
The
city manager shall review the application and shall circulate the
application to such departments or agencies as the city manager deems
appropriate for recommendation.
(b)
Upon
a determination by the city manager that the activities described
in the application form, as may be reasonably conditioned or otherwise
limited, do not pose a threat to the public health and safety and
reasonably provide for the protection of property, the application
may be approved. The city manager may impose such conditions to approval
as are necessary or appropriate to make such a determination. if such
a determination cannot be made, the application for an event house
shall be denied.
(Ord. 1745 § 1, 2008)
(a)
The
city manager shall issue an event house permit to applicant upon the
approval or conditional approval of the application for an event house
permit, and after applicant has:
(1)
Procured general liability insurance in the amount of one million
dollars combined single limit naming the city of Palm Springs as co-insured
(this requirement may be waived by the city's risk management officer);
and
(2)
Executed an agreement to indemnify, defend and save the city harmless
from any and all claims and liability of any kind whatsoever resulting
from or arising out of the issuance of such permit; and
(3)
Prepaid such costs as the city manager reasonably estimates will
be incurred by city for the use of its personnel and facilities, with
overpayments to be reimbursed and underpayments billed for payment
to the applicant thirty days after the event.
(b)
The
permit shall be subject to the conditions of the approved application.
(Ord. 1745 § 1, 2008)
(a)
The
owner shall use reasonably prudent business practices to ensure that
the event house complies with all applicable codes regarding fire,
building and safety, health and safety, and all other relevant laws.
(b)
The
owner or his or her agent, and/or the local contact person designated
by the owner shall be available at the event house during all activities
related to the set up and break down of the event and at all times
during the event for the purpose of responding promptly to complaints
regarding the condition, operation, or conduct of occupants of the
event house.
(c)
The
owner shall use reasonably prudent business practices to ensure that
the occupants and/or guests of the event house do not create unreasonable
noise or disturbances, engage in disorderly conduct, or violate provisions
of the Municipal Code or any state law.
(d)
Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within an enclosed event house.
(e)
Prior
to each event, the owner or the owner's agent or representative shall
obtain the name, address, and driver's license number of the responsible
person and shall require such responsible person to execute a formal
acknowledgement that he or she is legally responsible for compliance
of all occupants of the event house or their guests with all provisions
of this chapter and/or the Municipal Code. This information shall
be readily available upon request of any officer of the city responsible
for the enforcement of this chapter.
(f)
The
owner, or his or her agent, shall, upon notification that the occupants
and/or guests of the event house have created unreasonable noise or
disturbances, engaged in disorderly conduct, or committed violations
of provisions of the Municipal Code or any state law, shall promptly
respond in a timely and appropriate manner to prevent a recurrence
of such conduct by those occupants or guests. Failure of the owner
or his or her agent to respond to calls or complaints regarding the
condition, operation, or conduct of occupants of the event house in
a timely and appropriate manner, shall be grounds for imposition of
penalties as set forth in this chapter.
(g)
Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the collectors and between the hours of five a.m. and eight p.m. on scheduled trash collection days. The owner of the event house shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and Diversion).
(h)
The
owner of the event house shall post a copy of the permit and a copy
of the conditions set forth in this section in a conspicuous place
within the event house.
(i)
The
owner shall provide each responsible person of an event house with
the following information prior to occupancy of the event house and/or
post such information in a conspicuous place within the event house:
(1)
The name of the managing agency, agent, rental manager, local contact
person, or owner of the unit, and a telephone number at which that
party may be reached on a twenty-four-hour basis;
(2)
The maximum number of occupants permitted to occupy the property
during the event;
(3)
The trash pick-up day and applicable rules and regulations pertaining
to leaving or storing trash or refuse on the exterior of the property;
(4)
Notification that the amplification of music outside of the event
house unit is a violation of this chapter;
(5)
Notification that the occupant may be cited or fined by the city
and/or immediately evicted by the owner pursuant to state law, in
addition to any other remedies available at law, for creating a disturbance
or for violating other provisions of this chapter;
(6)
Notification that failure to conform to the occupancy requirements
of the event house is a violation of this chapter.
(j)
The
use of an event house shall not violate any applicable conditions,
covenants, or other restrictions on real property.
(k)
The
city manager shall have the authority to impose additional standard
conditions, applicable to all event house units, as necessary, to
achieve the objectives of this chapter. A list of all such additional
standard conditions shall be maintained and on file in the office
of the city clerk and such offices as the city manager designates.
(l)
The
standard conditions may be modified by the city manager upon request
of the owner or his or her agent based on site-specific circumstances
for the purpose of allowing reasonable accommodation of an event house.
All requests must be in writing and shall identify how the strict
application of the standard conditions creates an unreasonable hardship
to a property such that, if the requirement is not modified, reasonable
use of the property for an event house would not be allowed. Any hardships
identified must relate to physical constraints to the subject site
and shall not be selfinduced or economic. Any modifications of to
the standard conditions shall not further exacerbate an already existing
problem.
(Ord. 1745 § 1, 2008)
The applicant shall reimburse the city for all costs incurred
by the city which result from the issuance of the permit and/or the
activities authorized therein, including without limitation any costs
for public safety services.
(Ord. 1745 § 1, 2008)
The city manager is authorized to promulgate such rules and
regulations as are necessary to realize the purpose and intent of
this chapter and which are not inconsistent therewith.
(Ord. 1745 § 1, 2008)
(a)
Any person who uses, or allows the use of, property in violation of the provisions in this chapter is guilty of a misdemeanor for each day in which such property is used, or allowed to be used, in violation of this chapter. Violations are punishable pursuant to Sections 1.01.140 and 1.01.150 and the administrative citation provisions of Chapter 1.06 of the Municipal Code, except that the fine for any violation shall be five hundred dollars for each violation.
(b)
Notwithstanding the provisions of Chapter 1.06, any pre-citation or courtesy notice issued for violations specified in this section may provide for a reasonable compliance date or time of less than fifteen calendar days but at least thirty minutes from the date or the time the pre-citation notice is given if, due to the nature of the violation, a shorter compliance period is necessary or appropriate, as determined in the reasonable judgment of the city official issuing the notice.
(c)
If the applicant violates any of the conditions of approval, performs those activities described in the application for an event house permit in a manner that poses a threat to the public health and safety, endangers the preservation of property, engages in activities outside the scope of the activities described in the application, or fails to timely reimburse the city for costs incurred as provided in Section 5.75.090, the city manager may summarily deny, suspend, or revoke any current or pending event house permit.
(d)
The
remedies provided for in this section are in addition to, and not
in lieu of, all other legal remedies, criminal or civil, which may
be pursued by the city to address any violation of this code or other
public nuisance.
(Ord. 1745 § 1, 2008)
Any person aggrieved by an action taken by the city manager may appeal such action pursuant to the provisions of Chapter 2.50 of the Palm Springs Municipal Code.
(Ord. 1745 § 1, 2008)
