Note: Prior ordinance history: Ords. 404, 209.
For the purpose of this title, the words and phrases set out
in this section shall apply:
means beer, wine, whiskey, bourbon, any distillant of wine
or any beverage, brew or distilled liquid containing any portion of
alcohol as one of its contents.
means music, sound wave, vibration or speech projected or
transmitted by electronic equipment, including amplifiers.
means the pitching of tents, use of sleeping bags, cots,
beds or other paraphernalia usually associated with living in the
out-of-doors. This includes the use of motor homes, recreation vehicles
or camper trailers in parking lots.
is the chief of police of the city.
is the city of Palm Desert.
is the city manager of the city, or designee.
means the director of public works, or any other person authorized
by him/her, pursuant to law, to act in his or her stead.
is the chief of the fire department of the city.
means any balloon constructed of electrically conductive
material, including foil, metallic foil, Mylar, or other transparent
plastic/polyester resin designed to be inflated with air or other
gas including a gas lighter than air causing it to float, and may
be used for decorative, toy, or entertainment purposes.
means a gas that has a lower density than normal atmospheric
gases and rises above them as a result, including, but not limited
to, helium, hydrogen, nitrous oxide, methane, and nitrogen.
means any music festival, art festival, public dance, political
rally, organized meetings, with or without speakers or entertainment
or food, or similar gatherings at which music, entertainment or speeches
are provided by professionals or amateurs or by prerecorded or other
means, to which members of the public are invited or admitted for
a charge or free of charge, or which is attended by fifty or more
persons. Parades and outdoor athletic contests which are otherwise
permitted or approved by the city council, or the city manager, or
director of public works, or chief of police, are not included within
this definition.
means a park that is twenty acres or larger in size. Up to
fifty people may gather in large parks without obtaining a permit.
Group gatherings of fifty people or more are required to obtain a
permit.
means sleeping during the hours between sunset and sunrise.
means any park, playground, athletic facilities, recreation
area or centers, or any other area or structure maintained and operated
by the city itself or in conjunction with any other governmental or
private entity.
means written authorization for exclusive, or semi-exclusive
use of parks or buildings or portions thereof, as provided for and
defined in this chapter.
is any person, firm, partnership, association, group, corporation,
company or organization of any kind.
means a park that is up to twenty acres in total size. Permits
are not issued for small parks. Up to thirty people may gather in
small parks. Group gatherings of thirty people or more are prohibited
at small parks, and visitors are directed to use large parks.
means any group gathering as defined in this section desiring
to reserve more than one park amenity or charging for admission or
publicly advertised or having more than one hundred fifty participants.
means the dog or dogs is within fifty feet of the owner and
the dog or dogs immediately obeys voice commands or signals.
means any device by which any person or property may be propelled,
moved or drawn, excepting a device moved by human power.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1064 § 1, 2004; Ord. 1355 § 10, 2020; Ord. 1396 § 3, 2023; Ord. 1397 §§ 2, 3, 2023)
There shall be a park curfew from eleven p.m. to dawn on the
use of a public park except as provided in other sections of this
chapter.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
In
an emergency or when the city manager, chief of police or the director
of public works, emergency services manager (or an appropriately designated
representative of any such official) shall determine that the public,
safety, or public health, or public morals, or public interest demands
such action, any park, square, avenue, grounds or recreation center
or any park or portion thereof, may be closed against the public and
all persons may be excluded therefrom until such emergency or other
reason upon which determination of the city manager, chief of police
or the director of public works is based has ceased, and upon the
cessation thereof the park, square, avenue, grounds or recreation
center or part or portion thereof so closed shall again be reopened
to the public by order of proper authority.
B.
No person having knowledge of or having been advised of any closure order issued pursuant to subsection A of this section, shall refuse or fail immediately to remove him or herself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him or her to be so closed, until such area or place has been reopened to the public by order of the proper authority.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
The
provisions of this chapter shall apply to and be in full force and
effect at all park and recreation areas which are now or which may
hereafter be under the jurisdiction and control of the city, including
all grounds, roadways, avenues, parks, buildings, when they are in
use as recreational facilities, and areas, under the control, management
or direction of the director of public works of the city. The provisions
of this chapter shall govern the use of all such parks and recreation
areas and the observance of such provisions shall be a condition under
which the public may use such parks and further be applicable outside
such parks and recreation areas where the context indicates an intention
that they so applied.
B.
The
provisions of this chapter shall not apply to any public officer,
employee or peace officer who is acting in the course of and within
the scope of the public business, nor to any other person conducting
public business or related activities for, on behalf of, and pursuant
to lawful authority of, an appropriate public entity.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
Power
and authority is given to the city manager, the director of public
works, or designees, and to any of the department of public works
attendants employed in such parks or recreation areas, in their discretion,
to eject and expel from such parks or recreation areas or building
thereon, any person who shall violate any of the provisions of this
chapter or any other law, or ordinance adopted for the regulation
and government of such parks or recreation areas, or of public places
in general. In addition to his or her ordinary powers of arrest or
citation, any peace officer enforcing any such law or regulation shall
be authorized, in lieu of arresting or citing any violator, in his
or her discretion to so eject and expel such violator.
B.
No person being ejected or expelled pursuant to the authority of subsection A of this section shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled, return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him, her or by the city manager or the director of public works.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
No person shall hold, conduct, participate in, attend or address
any meeting, organized gathering or assemblage, group picnic celebration,
parade, service or exercise, of thirty or more persons, in any small
park. The above listed activities may be conducted in large parks;
however, group gatherings of fifty people or more shall be required
to obtain a written permit granted by the director as provided herein.
Competitive recreation events on or off trails in the Santa Rosa Mountains,
including the use of developed trailheads in association with a competitive
event, are prohibited.
The application process for a park use permit for group gatherings is described in detail in Section 11.04.030.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1214 § 1, 2010; Ord. 1396 § 3, 2023)
A.
The
city manager shall have power and authority to promulgate rules and
regulations governing the use and enjoyment by the public and by individual
members of the public, or any park, recreation area, recreation or
community center, or any portion thereof, or governing the use and
enjoyment of any building, structure, equipment, apparatus or appliances
thereon, or governing any portion of the foregoing. A copy of such
rules and regulations or a synopsis thereof shall be posted in some
conspicuous place at or near the premises where such rules and regulations
are to be effective, or in lieu thereof, signs or notices may be posted
at or near said premises in order to give public notice of said rules
and regulations.
B.
No person having knowledge of or having been advised of any such rule or regulation promulgated pursuant to subsection A of this section shall disobey, violate or fail to comply with any such rule or regulation.
C.
No person shall disobey, violate or fail to comply with any instruction, sign or notice posted in any park recreation area, or community or recreation center, or in any building or structure thereon, for the control, management, or direction of such premises, when said instruction, sign or notice has been posted in implementation of any rule or regulation promulgated pursuant to subsection A of this section.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
Within the limits of any public park or recreation area of the
city, no person shall:
A.
Ride
or drive any horse or other animal, or propel any vehicle, cycle or
automobile, except at a place especially designated and provided for
such purpose. Bicycles are prohibited year-round from traveling crosscountry
in the Santa Rosa Mountains; travel by such conveyance is restricted
to authorized trails;
B.
Carry
or discharge any firearm, air gun, slingshot or other device designed
or intended to discharge, or capable of discharging any dangerous
missile, provided that this subsection shall not apply to any peace
officer or other person lawfully licensed to carry a concealed weapon
or who regularly carries a weapon in connection with private employment
protecting property or persons (e.g., private patrol services and
bodyguards);
C.
Carry
or discharge any firecracker, rocket, torpedo or any other fireworks,
provided that this subsection shall not be deemed to prohibit the
possession or use of safe and sane fireworks not otherwise prohibited
by law, at places designated or provided for such purpose;
D.
Cut,
break, injure, deface or disturb any tree, shrub, plant, rock, building,
cage, pen, monument, fence, bench or other structure, apparatus or
property; or pluck, pull up, cut, take or remove any shrub, bush,
plant or flower; or mark or write upon, paint or deface in any manner,
any building, monument, fence, bench or other structure;
E.
Cut
or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer;
F.
Swim,
bathe, wade in or pollute the water of any fountain, pond, lake or
stream, except at a place especially designated and provided for such
purpose;
G.
Make
or kindle a fire except in an appropriate device provided or approved
for that purpose by the public authorities;
H.
Camp
or lodge therein at any time, or otherwise remain overnight, whether
or not in a structure permanently affixed to the ground, except at
a place especially designated and provided for such purpose (including,
if overnight camping is involved, the place shall have been cleared
for such use by the chief of police);
I.
Wash
dishes or empty salt water or other waste liquids elsewhere than in
facilities provided for such purpose;
J.
Leave
garbage, cans, bottles, papers or other refuse elsewhere than in receptacles
provided therefor;
K.
Play
or bet at or against any game which is played, conducted, dealt or
carried on with cards, dice or other device, for money, chips, shells,
credit or any other representative of value, or maintain or exhibit
any gambling table or other instrument of gambling or gaming;
L.
Indulge
in riotous, offensive, threatening or indecent conduct, or abusive,
threatening, profane or indecent language;
M.
Disturb
in any unreasonable manner any picnic, meeting, service, concert,
exercise or exhibition;
N.
Distribute
any commercial handbill without a prior permit to do so from the department
of code enforcement or city manager, which permit shall be issued
only after due processing of an application and then only if the city
manager determines that it would be affirmatively in the public interest
to allow upon public property the commercial activity involved;
O.
Post,
place, erect, or leave posted, placed or erected, any commercial or
noncommercial bill, handbill, circular, notice, paper, or advertising
device or matter of any kind, in or upon any building, structure,
pole, wire or other architectural or natural feature of whatever character,
except upon a bulletin board or such place especially designated and
provided for such purposes, unless prior approval to do so has been
obtained from the city manager, which approval shall be given only
if the city manager determines that it would be affirmatively in the
public interest to allow the use of public property for such purposes,
or that constitutional principles require that the same be allowed;
P.
Place
barricades, ropes, tape or other restricting device for the purpose
of limiting the use of any park amenity from persons or groups unless
prior approval to do has been obtained from the director or city manager.
Which approval shall be given only to city personnel or city designee
to install or inspect installation;
Q.
Sell
or offer for sale any merchandise, article or thing whatsoever, or
practice, carry on, conduct or solicit for, any trade, occupation,
business or profession, unless such activity has been expressly allowed
pursuant to specific provisions to such effect contained in either:
a concession agreement or franchise or the like duly entered into
or granted by the city council;
R.
Remain,
stay or loiter therein between the hours of eleven p.m. and dawn of
the following day, except while attending a gathering or meeting for
which a permit has been issued or which is being sponsored or conducted
by the city department of community services. This subsection shall
not apply to persons lawfully lodging, camping or otherwise remaining
overnight at a place especially designated and provided for such purposes
(including, if overnight camping is involved, the place shall have
been cleared for such use by the chief of police);
S.
Use
any restroom, washroom or dressing facility designated for the opposite
sex, except that this subsection shall not apply to children six years
of age or younger who are accompanied by an adult or other older person;
T.
Row,
sail or operate any boat, craft or other device, on or in any pond,
lake, stream or water except at such place as is especially designated
and provided for use of such boat, craft or device;
U.
Hunt,
frighten, chase, set snare for, catch, injure or destroy any animal
or bird, or destroy, remove or disturb any of the young or eggs of
same, or injure or maltreat any domestic or other animal;
V.
Fish
with hook and line, seine, trap, spear or net, or by any other means,
in any pond, lake, stream or water, except at a place especially designated
and provided for such purpose;
X.
No
person shall urinate or evacuate their bowels within any public area
except in a public restroom;
Y.
Cross-country
travel is prohibited in the Santa Rosa Mountains from January 1st
through September 30th, and allowed from October 1st through December
31st. Cross-country travel is defined as travel off authorized trails.
During the period when cross-country travel is prohibited, individuals
may venture no more than fifty feet from centerline of trails on either
side for purposes of resting, nature study, or other similar activities;
this use does not constitute cross-country travel. Holders of permits
issued for research and extended study are exempt from the cross-country
prohibition;
Z.
No
person shall feed or cause to be fed or leave food for consumption
by any wild or domestic birds and/or fowl.
AA.
Possess,
bring, decorate with, or use a foil balloon that is filled with a
gas lighter than air.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1214 § 1, 2010; Ord. 1254 § 1, 2013; Ord. 1317 § 14, 2017; Ord. 1379 §§ 3, 4, 2022; Ord. 1397 § 4, 2023)
A.
No
person shall drive or operate any motorized vehicle, motorcycle, motor
driven cycle on any area which has been designated, set aside or is
used, as a pedestrian walkway, trail, path, lane or way, or as a bicycle
or golf cart trail, path, lane or way without written approval of
the city manager, director of public works or maintenance supervisor.
This subsection does not apply to electric golf carts unless otherwise
posted.
B.
The public entity having ownership or control over any such trail, path, lane, way or walkway may cause the same to be posted with an appropriate sign or signs expressly allowing the use of vehicles or devices otherwise prohibited under the provisions of subsection A of this section shall be inapplicable.
C.
The provisions of subsection A of this section shall not apply to any electrically-driven wheelchair, carrying a physically limited or otherwise physically incapacitated person.
D.
The public entity having ownership or control over any trail, path, lane, way or walkway mentioned in subsection A of this section, may, by the posting of any appropriate sign or signs, further restrict the use of such trail, path, lane, way or walkway by persons riding bicycles or other nonmotorized vehicles or devices, and when any such sign is posted, no person shall disobey any prohibition, restriction, direction or other regulation expressed thereon.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
No persons shall assemble, collect or gather together in any
walk, driveway, passageway or pathway in any park or in other places
set apart for the travel of persons or vehicles in or through any
park or recreation area, or occupy the same so that the free passage
or use thereof by persons or vehicles passing along the same shall
be obstructed in any unreasonable manner.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
No parent, guardian, or any person having the custody of any
child under the age of eight years, shall cause, permit or allow such
child to enter or visit any public park or recreation area having
a lake within the boundaries of such park or recreation area unless
such child is accompanied by a person of not less than sixteen years
of age.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
Dogs
or cats must be led by a cord or chain not more than six feet long
or properly confined within the interior of a vehicle, except:
1.
When
dogs which have been specially trained and are being used by blind
or disabled persons to aid and guide them in their movements;
2.
When
dogs are within the boundaries of any city dog park and not posing
a threat to other animals, persons or property;
3.
In
connection with activities authorized in writing by the director,
including fowl or other animals turned loose at the direction of the
director;
4.
Homme-Adams
Park is designated as an "under immediate voice control" facility.
Leashes are required on the Homestead Trail and Gabby Hayes Trail
which emanate from Homme-Adams Park and Cahuilla Hills Park, respectively;
5.
Dogs
are prohibited on all trails and areas in the Santa Rosa Mountains
except the Homestead Trail, Gabby Hayes Trail, and segment of the
Hopalong Cassidy Trail connecting these two trails. This prohibition
does not apply to service animals accompanying persons with a disability.
B.
It
is the mandatory duty of all persons owning, possessing, in control
of, or otherwise responsible for a dog, cat or an equine animal in
a city park or other recreation area of the city to promptly collect,
pick up and remove all fecal matter left behind by said animal in
or upon the park or other recreation area of the city; but this section
shall not apply to guide dogs for blind or disabled persons.
C.
While
dogs are within the boundaries of city dog parks:
1.
Dogs
must never be left unattended.
2.
Unruly dogs are not allowed and are subject to ejection per Section 11.01.050(A) of Palm Desert Municipal Code.
3.
Owners
must stop their dogs from digging. Any holes created must be filled
by the owners.
4.
All
dogs must have current vaccinations and current dog license.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1064 § 1, 2004; Ord. 1214 § 1, 2010; Ord. 1230 § 1, 2012)
The city has enacted those sections of this chapter regulating
amplified sound for the sole purpose of securing and promoting the
public health, comfort, safety and welfare of its citizenry. The use
of electrical equipment of any kind in a city park poses physical
risks of harm for which the city may have liability unless such use
is reasonably regulated. Additionally, the right of persons to speak
is properly limited with regard to time, place and manner by balancing
the correlative constitutional rights of the citizens of this community
to privacy and freedom from the public nuisance of excessively loud
and unnecessary sound.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
It is unlawful for any person to install, use and operate within
a park a loudspeaker or any sound amplifying equipment for the purposes
of giving instructions, directions, talks, addresses or lectures,
or of transmitting music to any persons or assemblages of persons
in a park or in the vicinity thereof, except when installed, used
or operated in compliance with one of the following provisions:
A.
By
authorized city personnel or a contractor of the city retained for
this purpose; or
B.
Under
a reservation or park use permit issued by the director, and when
operated in accordance with terms of that reservation or permit.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
In determining whether to grant or deny a park use permit pursuant to Chapter 11.04, the director shall be guided by the following considerations:
B.
If the director denies the park use permit based on applicant's desire to have amplified sound, the applicant may appeal the director's decision to the city council as described in Chapter 11.04 of this code.
C.
The
director shall not deny a permit on the basis of any dislike for or
disagreement with the content of any proposed talks, addresses, lectures
or musical presentations.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
Amplifiers permitted in parks shall be operated only through
a power source provided by the city.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
If,
at any time, the director, chief of police or director of code compliance
determines that the sound produced by an amplified sound system in
a park is in violation of acceptable noise levels, a city employee
or officer shall request the person in charge of the assembly, or
any other person appearing to be involved in the production of the
sound, to immediately reduce the level thereof. If the sound is not
reduced within five minutes from the first notice to the acceptable
level as determined by the authorized representative, the employee
or officer shall immediately cause the city power source to be terminated.
B.
The
maximum sound level in the park shall be set at a seventy decibel
average for any fifteen minute period. Sound levels shall be measured
at specified points as determined by the city engineer to protect
the health, safety and welfare of park users and adjacent residents.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
Any additional or alternate power source for lighting or other
purposes which may be required must be approved for such use by the
department of public works or by the city building and safety director.
The building and safety department, or their designee, must inspect
all connections, wiring and components of sound, lighting and/or wiring
systems prior to rehearsal and/or performance, and each may impose
a fee for such inspections.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
The
reservation, use and operation of the city amphitheater shall be the
responsibility of the director. A description of the facility may
be obtained from the director.
B.
Persons
or groups using the facility must provide all audio and lighting equipment,
patch and electrical cords and personnel required for set up/tear
down, clean-up, event management, security, dressing facilities, backdrops
and props.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
Amphitheater
hours are Monday through Sunday between nine a.m. to ten-thirty p.m.
exclusive of setup or sound checks, tear down and warm up time.
B.
The
facility is designed as public area and does not lend itself to restricted
access events. A specific plan must be developed identifying separated
areas and type of admission or donation collection.
C.
The
city shall not be held liable or responsible if the facilities are
deemed unusable for a scheduled event for any reason.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 987 § 1, 2001)
A.
An application form to reserve the amphitheater may be obtained from the director. The procedure to reserve the amphitheater is set by Section 11.04.030, except the following information shall be provided on the amphitheater permit:
1.
Any
admission or donation collection and use of funds;
2.
Age
group performance is directed to;
3.
Anticipated
size of audience;
4.
Proposed
sound and lighting equipment;
5.
Proposed
event management;
6.
Time
schedule for set-up, sound checks, performance and tear-down;
7.
Proposed
crowd control and security measures;
8.
Parking
requirements.
B.
The
applicant is solely responsible for consequences resulting from promotion,
advertising, ticket sales, and other costs and responsibilities associated
with the holding of the event.
C.
The
city manager shall be responsible for final approval of all applications.
1.
No
application for the use of the amphitheater shall be transferable
without the written consent of the city manager.
D.
The
application may be approved, rejected or approved with conditions.
Should the application be rejected, applicant shall be notified by
letter. The letter will state why the application is being denied.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
The
director shall keep a list of current fees and charges associated
with the reservation of the amphitheater for dissemination to the
public. In addition to the permit fee, the user shall agree to:
B.
1.
Any
person or group holding an event at the amphitheater shall provide
evidence of current insurance, with the city named as an additional
insured, insuring the city from any and all liability for injury to
persons or property resulting from the activity; or
2.
Obtain
insurance through the city, based on city insurance schedule and rates
at user's cost.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
Note: Prior ordinance history: Ord. 404, 209.
The director or his designee shall be responsible for scheduling
and controlling the use of parks, or portions thereof, for the maximum
benefit and participation by interested persons or groups, both public
and private. All reservable areas in the city parks shall be subject
to reservation according to the rules and regulations of the city
or the city's recreation provider. Activities sponsored by the city
or its recreation provider shall be given preference in the use of
city parks.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
General
Park Use. Use of the park amenities, including athletic courts and
fields, picnic areas and tables, playgrounds, sitting areas, pathways
and other recreation and open space areas are on a first-come, first-served
basis unless otherwise specified by the city. Some park areas are
for general public use and are not reservable.
B.
Groups
of less than fifty persons desiring the use of large park areas or
structures, deemed by the director as reservable, may request the
director to reserve designated large park areas for such use. If the
group of less than fifty desires to reserve a specific large park
area, the group must make application for a formal park use permit.
If the group of less than fifty desires to have an activity in the
park, the group may utilize the park areas on a first-come, first-served
basis as long as the park area is not reserved and the proposed activity
meets all other city requirements for park use and the use is reasonable
in relation to the use of the park by other persons or as to the effect
of such use upon the peace of the neighborhood.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1396 § 3, 2023)
Any person desiring to hold, conduct or manage a group gathering as defined in Section 11.01.010 shall, not less than thirty nor more than one hundred twenty days before the date on which it is proposed to conduct or hold such group gathering, file with the director, or their designee, a verified application on a form furnished by the city, setting forth the following information:
A.
The
name of the person or organization wishing to conduct or hold such
group gathering;
B.
If
the outdoor gathering is proposed to be conducted or held for, or
on behalf of, or by any organization, the name, address and telephone
number of the headquarters of organization and the authorized responsible
head of such organization;
C.
The
name, address and telephone number of the person who will be the chairman
or who will be responsible for conducting or holding of the group
gathering;
D.
The
name, address and telephone number of the person or organization to
whom the permit is desired to be issued;
E.
The
date when such group gathering is to be conducted or held;
F.
The
place at which the group gathering is desired to be held;
G.
The
approximate number of persons who will attend such group gatherings;
H.
The
time the group gathering is to commence and the time it will terminate;
I.
All
of the specific park areas or amenities or portions of a given public
park area such group gathering will occupy, use or reserve;
J.
Any
specific needs or amenities such as water, electricity or any other
service;
K.
Whether
the group will apply for the use of amplified sound.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
A.
The
applicant shall submit a refundable cleaning deposit. The amount of
the deposit shall be determined by the director, based upon the number
of persons expected to attend the group gathering. The deposit shall
be used exclusively for cleaning of the facility after the conclusion
of the group gathering. Any portion of the deposit not used for such
cleaning shall be automatically refunded within fifteen days after
the event.
B.
The
applicant shall submit a nonrefundable administration fee at the time
of park use permit application submittal. The amount of the fee shall
be determined by the director, based on the cost of administrating
the reservation,, processing the application, and guaranteeing the
availability of the facility.
C.
The
applicant shall submit a reservation fee at the time of the park use
application submittal. The amount of reservation fee shall be determined
by the director, based on the actual cost of posting the permit, supervising
the group gathering and inspecting the recreation area after the conclusion
of the group gathering. The director may establish a fee schedule
discounting the reservation fee for applicants residing within Palm
Desert. The reservation fee shall be refundable only when:
1.
The
director receives a written notice from the responsible person or
chairman of the group canceling the permit; and
2.
The
notice canceling the permit is received a minimum of one day (twenty-four
hours) prior to the permitted event; and
3.
No
city or public entity funds were expended for recreation improvements
prior to the written cancellation. If funds were expended by the permitted
organization or group, the group is entitled to the difference between
the fee and the expenditures, if any.
D.
The applicant shall submit to the director any and all special fees as described in this code including but not limited to Section 11.01.180, additional alternate power sources — Approval, inspection and fees. These fees shall be imposed by the director and are not refundable.
E.
The
director shall keep a list of current park use fees and charges associated
with the reservation of the recreation and park amenities for dissemination
to the public. The director shall also keep a current procedure for
payment of said fees along with the rules and regulations of all park
use.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
The director shall issue a permit as provided for by this chapter
when, after investigation and consideration of information contained
in the application, or information from any other source, he finds
that:
A.
The
holding or conducting of such outdoor gathering will not substantially
interrupt or prevent the safe and orderly use of the public park by
persons other than those attending the group gathering;
B.
The
concentration of and conduct of persons attending such group gathering
will not unduly interfere with the proper police and fire protection
of, or ambulance service to, the public park or areas contiguous to
the public park;
C.
The
holding or conducting of such group gathering not reasonably likely
to cause injury to person or property or to provoke disorderly conduct
or create a disturbance;
D.
The
holding or conducting of such group gathering will not require the
diversion of so great a number of police officers to maintain proper
order, so as to prevent normal police protection to the city;
E.
Such
group gathering is not to be held for the sole purpose of advertising
the goods, wares, services or merchandise of an individual or specific
groups of business establishments or wholesale or retail vendors.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
The director shall act upon the application for a group gathering
permit within ten days after the filing thereof. If the director disapproves
the application, he shall mail to the applicant within fifteen days
after the date upon which the application has been filed a notice
of his action, stating the reasons for his denial of the permit. Such
notice shall be in writing and mailed to the address by the applicant
on the application for permit.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
The director shall have discretionary authority to consider
any application for a permit for a group gathering which is filed
less than thirty days before the date such group gathering is proposed
to be held.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
Any person who has been denied a permit required by this chapter
may appeal to the city council by filing a written notice of the appeal
within five days after the mailing by the director of the notice of
rejection or denial.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
Immediately upon the granting of a permit for a special event,
the director shall send a copy of the approved permit to the following:
A.
City
manager;
B.
Desert
recreation district;
C.
Fire
chief;
D.
Riverside
County sheriff's department;
E.
Development
services director;
F.
Economic
development director;
G.
City
risk manager;
H.
Any
public official whose authority or functions may be affected by the
holding of a group gathering or problems which may arise as a result
of the group gathering.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1396 § 3, 2023)
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code.
(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)
