ORD 151ORDINANCE NO. 151
AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA,
AMENDING SECTIONS 11.08.005 AND 11.08.040
AND ADDING SECTION 11.08.090 OF CHAPTER 11.08,
DISORDERLY CONDUCT, TO THE LA QUINTA MUNICIPAL CODE.
WHEREAS, the regulation of public drinking and liquor
possession in the park and recreation areas within the City of
La Quinta will promote the health, safety and welfare of the
community; and
WHEREAS, it is deemed necessary and desirable to provide
standards to determine when the production of noise constitutes
disorderly conduct.
NOW, THEREFORE, the City Council of the City of La Quinta,
California, does hereby ordain as follows:
Section 1. That Section 11.08.005 of Chapter 11.08 be
amended to read as follows:
11.08.005 Public Drinking and Liquor Possession.
A. A person shall not consume or possess any alcoholic
beverage, as defined in Section 23004 of the California
Business and Professions Code, upon any public street,
sidewalk, highway, road, lane, alley or upon any other publicly
owned property which is open to the public, including all park
and recreational areas which are located within the City
limits. Possession shall include any alcoholic beverage
contained in any bottle, can, or other receptacle which (i) has
been opened, (ii) has a seal broken, or (iii) the contents of
which have been partially removed.
B. A person shall not commit any act prohibited in
Subsection A of this Section when such person is upon privately
owned property which is open to the use or patronage of the
general public at the time, unless the person committing the
act has the express or implied permission or invitation to do
so from the owner or lessee or person in charge of the private
property or business premises involved.
C. Subsection A of this Section shall not apply to
consumption or possession of alcoholic beverages within the
City limits if a permit, entitlement or permission has been
issued by the City Manager or City Council in connection with a
special event located on the premises where the consumption or
possession would otherwise be prohibited. Subsection A shall
not apply with respect to public property owned and controlled
by a public entity other than the City if the other public
entity has given its express permission or invitation allowing
use of the premises for purposes otherwise prohibited in
Subsection A of this Section.
Section 2. That Section 11.08.040 of Chapter 11.08 be
amended to read as follows:
11_nR_n4n Nn1RP_
No person shall willfully make any unreasonably loud noise
to the extent that it disturbs the peace and quiet of any
neighborhood or imposes upon the privacy and rights of others.
The standards which may be considered in determining whether a
violation of this Section exists, may include, but is not
limited to, the following:
a) The level of noise;
(b) The nature of the area within which the noise
emanates;
(c) The density of the inhabitation of the area
within which the noise emanates;
d) The time of day or night:
e) The duration of the noise;
f) Whether the noise is recurrent, intermittent or
constant; or
g) Whether the noise is produced by a commercial or
noncommercial activity.
Section 3. That a Section 11.08.090 be added to Chapter
11.08 and be titled as follows:
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Any violation of Chapter 11.08 shall constitute an
infraction pursuant to Section 1.01.200 of this Code.
Section 4. The City Clerk shall certify to the passage
and adoption of this ordinance and shall cause the same to be
posted in three public places in the City of La Quinta, and the
same shall be in full force and effect immediately after its
adoption.
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PASSED, APPROVED, AND ADOPTED by the City Council of the
City of La Quinta, California, on this 1-7 day of October, 1989.
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JOHN J. PE Mayot
City of La inta,llCalifornia
ATTEST:
SAUNDRA JUHOLA, ty Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, �CitvyAttorney
City of La Quinta, California
6012n
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true
and correct copy of Ordinance No. 151 which was introduced on
the 3rd day of October, 1989 and was adopted at a regular
meeting held on the 17th day of October, 1989, not being less
than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in
th ee (3) places with the City of La Quinta as specified in a
re olutio of t ty ouncil.
tc-eflf It,
AUNDRA L. JUHOLA, City Cler
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Chapter 11.08
DISORDERLY CONDUCT
Sections:
11.08.005 Public drinking and liquor possession.
11.08.040 Noise.
11.08.080 Trespass.
11.08.090 Violation.
11.08.005 Public drinking and liquor possession.
A. A person shall not consume or possess any alchoholic
beverage, as defined in Section 23004 of the California
Business and Professions Code, upon any public street,
sidewalk, highway, road, lane, alley or upon any other publicly
owned property which is open to the public, including all park
and recreational areas which are located within the City
limits. Possession shall include any alcoholic beverage
contained in any bottle, can, or other receptacle which (i) has
been opened, (ii) has a seal broken, or (iii) the contents of
which have been partially removed.
B. A person shall not commit any act prohibited in
Subsection A of this Section when such person is upon privately
owned property which is open to the use or patronage of the
general public at the time, unless the person committing the
act has the express or implied permission or invitation to do
so from the owner or lessee or person in charge of the private
property or business premises involved.
C. Subsection A of this Section shall not apply to
consumption or possession of alcoholic beverages within the
City limits if a permit, entitlement or permission has been
issued by the City Manager or City Council in connection with a
special event located on the premises where the consumption or
possession would otherwise be prohibited. Subsection A shall
not apply with respect to public property owned and controlled
by a public entity other than the City if the other public
entity has given its express permission or invitation allowing
use of the premises for purposes otherwise prohibited in
Subsection A of this Section.
11.08.040 Noise.
No person shall willfully make any unreasonably loud noise
to the extent that it disturbs the peace and quiet of any
neighborhood or imposes upon the privacy and rights of others.
The standards which may be considered in determining whether a
violation of this Section exists, may include, but is not
limited to, the following:
a) The level of noise;
b) The nature of the area within which the noise
emanates;
c) The density of the inhabitation of the area
within which the noise emanates;
d) The time of day or night;
e) The duration of the noise;
f) Whether the noise is recurrent, intermittent or
constant; or
g) Whether the noise is produced by a commercial or
noncommercial activity.
11.08.080 Trespass.
No person shall commit a trespass on residential property
or on public property. "Trespass" for the purpose of this
section means:
A. Entering upon, or refusing to leave, any residential
property of another, either where the property has been posted
with NO TRESPASSING signs, or where immediately prior to the
entry, or subsequent thereto, notice is given by the owner or
occupant, orally or in writing, that such entry, or continued
presence, is prohibited.
B. Entering upon, or refusing to leave, any public
property in violation of regulations promulgated by the
official charged with the security, care or maintenance of the
property and approved by the governing body of the public
agency owning property, where the regulations have been
conspicuously posted or where immediately prior to such entry,
or subsequent thereto, the regulations are made known by the
official charged with the security, care or maintenance of the
property, his agent or a police officer. (Ord. 10 Section 1
(part), 1982)
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11.08.090 violation.
Any violation of Chapter 11.08 shall constitute an
infraction pursuant to Section 1.01.200 of this Code.
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