[Ord. 1654, 5-15-2014]
The purpose of this Chapter is to protect public health, safety, and general welfare in two ways. First, this Chapter enhances the ability of law enforcement to deter alcohol and controlled substance consumption by minors. Second, this Chapter serves to preserve the quiet enjoyment of property by reducing the costs of providing law enforcement services to loud or unruly events.
[Ord. 1654, 5-15-2014; Ord. 1787, 11-2-2022]
As used in this chapter, the following words and phrases have the meaning set forth below:
ALCOHOL
Shall have the same meaning as in Business and Professions Code Section 23003 or any successor statute.
ALCOHOLIC BEVERAGE
Shall have the same meaning as in Business and Professions Code Section 23004 or any successor statute.
CONSUME or CONSUMPTION
To use, eat, drink, absorb, smoke or ingest.
CONTROLLED SUBSTANCE
Any drug or substance, including marijuana, whose possession and/or use are regulated under the California Uniform Controlled Substances Act codified at Health and Safety Code Section 11000 et seq., or any successor statute, or illegal under the laws of the State of California as defined under the Penal Code and any related statutes. Such term shall not include any drug or substance otherwise legally possessed or consumed.
DANGEROUS FIREWORKS
Has the same meaning ascribed to it in California Health and Safety Code § 12505, and § 101.02 of this code, as presently adopted or further amended from time to time.
ENFORCEMENT OFFICER
The Chief of Police and any employee or agent of the city so designated by them and charged with enforcing any provision of the City of Indio Municipal Code.
EVENT
A party, gathering, or event where a group of two (2) or more persons have assembled or are assembling for a social occasion or for a social activity at a residence or other private property or public place property.
LEGAL GUARDIAN
Either of the following: (i) a person who, under court order, is the guardian of the person of a minor; or (ii) a public or private agency with whom a minor has been placed by the court.
LOUD OR UNRULY EVENT
Loud or unruly conduct arising from an Event. Such loud or unruly conduct includes, but is not limited to:
(1) 
Excessive noise;
(2) 
Excessive traffic or gridlock;
(3) 
Obstruction of public streets or crowds that have spilled into public streets;
(4) 
Public drunkenness or unlawful public consumption of alcoholic beverages or controlled substances;
(5) 
Service to, or consumption of alcoholic beverages or controlled substances by any minor except as permitted by law;
(6) 
Assaults, batteries, fights, domestic violence or other disturbances of the peace;
(7) 
Vandalism;
(8) 
Litter;
(9) 
Lewd acts;
(10) 
Dangerous fireworks; or
(11) 
Any conduct which constitutes a threat to public health, safety, quiet enjoyment of property or general welfare.
MINOR
Any person under twenty-one (21) years of age.
PARENT
A person who is a natural parent, adoptive parent, or step-parent of a minor.
PERSON(S) RESPONSIBLE
Means and includes, but is not limited to:
(1) 
The person who owns, rents, leases or otherwise has control of the premises where the loud or unruly event occurs;
(2) 
The person or persons in charge or purportedly in charge of the premises where the loud or unruly event occurs;
(3) 
The person or persons authorizing the use of the premises for the loud or unruly event;
(4) 
The person or persons who organized the loud or unruly event; or
(5) 
The person who the enforcement officer believes is causing, performing or permitting to exist or otherwise maintaining the loud or unruly as a public nuisance, including but not limited to any other person in real or apparent charge or control of the property such as a landlord, management company or resident.
PUBLIC PLACE
Any place in which the public or a substantial group of the public has access, including but limited to, streets, highways, parks, common area developments and common areas inside of country clubs and gated communities.
RESIDENCE OR OTHER PRIVATE PROPERTY
A home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.
SUBSEQUENT POLICE RESPONSE
Any police response to the location of a loud or unruly event made within three (3) months after the issuance or posting of a written warning for a previous loud and unruly event at that location or within three (3) months after a prior subsequent police response.
[Ord. 1654, 5-15-2014]
(A) 
Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her place of residence or other private property or host an event at a public place under his or her control where alcoholic beverages or controlled substances are being consumed or have been consumed by a minor, when said person either knows or reasonably should know that a minor has consumed an alcoholic beverage, or controlled substance. Whenever such person is present during such an event where alcoholic beverages or controlled substances are being served to, possessed by or consumed by a minor, it shall be a rebuttable presumption that the person has actual or constructive knowledge that a minor has consumed an alcoholic beverage or controlled substance if the person has not taken all reasonable steps necessary to prevent such consumption, as set forth in division (B) below.
(B) 
It is the duty of any person who permits, allows or hosts an event at his or her place of residence or other private property or hosts an event at a public place under his or her control, where minors will be present, to take all reasonable steps to prevent the illegal consumption by minors of alcoholic beverages and controlled substances. Reasonable steps shall, at a minimum, include all of the following:
(1) 
Verifying the age of persons attending the event by inspecting driver licenses or other government-issued identification cards;
(2) 
Controlling access to alcoholic beverages or controlled substances present at the event;
(3) 
Controlling the quantity of alcoholic beverages present at the event;
(4) 
Prohibiting the possession and/or use of marijuana or other controlled substances at the event; and
(5) 
Supervising the activities of minors at the event.
(C) 
A person who permits, allows or hosts an event shall not be in violation of this Section if he or she seeks immediate assistance from the Indio Police Department to remove any person(s) who refuses to abide by the hosts duty to abide by this chapter from the event provided that the person has taken all reasonable steps to necessary to prevent the illegal consumption of alcohol or controlled substances.
(D) 
This section shall not apply to conduct involving the use of alcoholic beverages, which occurs exclusively between a minor and his or her parent or legal guardian.
(E) 
This section shall not apply to any premises regulated by the California Department of Alcoholic Beverage Control.
[Ord. 1787, 11-2-2022]
It is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her place of residence or other private property or host an event at a public place under his or her control where dangerous fireworks are being sold, offered for sale, discharged, used or manufactured.
[Ord. 1654, 5-15-2014]
(A) 
Written warning - Issuance. For the first police response to a loud or unruly event, the enforcement officer who responds to the scene shall leave a written warning with a person responsible for the loud or unruly event. If the person responsible for the loud and unruly event cannot be located, the enforcement officer shall post the written warning on the front door of the primary entrance to the loud and unruly event, or at a location which is visible from the street and which is close to the front door or primary entrance to the loud and unruly event as is reasonably possible.
(B) 
Written warning - Contents. The written warning issued pursuant to this section shall:
(1) 
Identify the date, time and location of the enforcement officer's response;
(2) 
Include an explanation of why the gathering qualifies as a "loud or unruly event" under this chapter;
(3) 
Include a general explanation of the consequences of a subsequent police response, including the fact that a citation and/or administrative fines and fees may be issued on each person responsible and that all persons responsible will be charged for the costs associated with a subsequent City response; and
(4) 
Order all persons responsible to take immediate actions to terminate the loud or unruly event.
(C) 
The written warning provided or posted pursuant to this chapter shall constitute constructive notice to a person responsible for a loud or unruly event regardless of actual receipt of the written warning, and such notice shall be imputed to all persons responsible for the loud and unruly event.
[Ord. 1654, 5-15-2014]
(A) 
Any person responsible for a loud and unruly event to which a subsequent police response is required shall be guilty of a misdemeanor.
(B) 
In addition to other remedies, whenever an enforcement officer makes a subsequent police response to a loud or unruly event, all costs associated with the response, including costs for abatement, may be recovered from any or all persons responsible for the event through procedures set forth in Chapter 95A of the Indio Municipal Code. All persons responsible shall be jointly and severally liable for such costs. The city may also recover unpaid costs or penalties by initiation of a judicial action or collection process, as it deems appropriate.
(C) 
Whenever an enforcement officer makes a subsequent police response to a loud or unruly event, the enforcement officer may issue an administrative citation and fine, pursuant to procedures set forth in Chapter 12 of this Code, to each person responsible for the event.
(D) 
Appeals. A person against whom subsequent police costs and/or penalties are imposed may appeal the costs and/or penalties pursuant to Chapter 95A of the Code.
[Ord. 1654, 5-15-2014]
In any administrative proceeding or special proceeding to abate a public nuisance relating to a violation of this chapter, the prevailing party may recover all of its incurred attorneys' fees, provided that the City elected, at the initiation of such action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, issuance of City's costs and recovery therefrom, or appeal from an administrative proceeding or citation.
[Ord. 1654, 5-15-2014]
Any violation of this Chapter may be enforced by the City by criminal prosecution, civil action for restraining order or injunctive relief, administrative action or any other means authorized by law. These and all other remedies available by law are intended to be cumulative and not exclusive and may be pursued by the city individually, consecutively, or in conjunction with each other.
[Ord. 1654, 5-15-2014]
Failure of the City to strictly apply any procedure, fine or penalty provided by this Chapter or in parts of the Indio Municipal Code referenced by this Chapter, either in whole or in part, shall not invalidate any enforcement procedure or action commenced or concluded by the City, whether under this Chapter or otherwise.