ORD 568ORDINANCE NO. 568
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING TWENTY CHAPTERS
AND DELETING THREE CHAPTERS OF TITLE 11 OF THE
MUNICIPAL CODE RELATING TO PEACE, MORALS AND
SAFETY REGULATIONS
WHEREAS, Title 11 of the Municipal Code contains the chapters that address
peace, morals and safety regulations, and;
WHEREAS, a comprehensive review of Title 11 was undertaken to examine
each chapter for accuracy, relevance, streamlining, straight -forward language, and
compliance with State law, and;
WHEREAS, amendments to several chapters of Title 11 are needed as a result
of the comprehensive review to update the Municipal Code,
NOW THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 11.04 shall be deleted in its entirety.
SECTION 2. CHAPTER 11.08 DISORDERLY CONDUCT shall be retitled and amended
as written in "Exhibit A" attached hereto.
SECTION 3. CHAPTER 11.13 BINGO shall be retitled amended as written in "Exhibit A"
attached hereto.
SECTION 4. CHAPTER 11.16 WEAPONS shall be amended as written in "Exhibit A"
attached hereto.
SECTION 5. CHAPTER 11.20 EXPLOSIVES shall be amended as written in "Exhibit A"
attached hereto.
SECTION 6. CHAPTER 11.24 PARADES shall be amended as written in "Exhibit A"
attached hereto.
SECTION 7. CHAPTER 11.36 WILDLIFE PROTECTION shall be deleted in its entirety.
SECTION 8. CHAPTER 11.44 PARKS AND RECREATION AREAS shall be amended as
written in "Exhibit A" attached hereto.
SECTION 9. CHAPTER 11.48 SCHOOL GROUNDS shall be amended as written in
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""Exhibit A"" attached hereto.
SECTION 10. CHAPTER 11.50 DISTRIBUTION OF SAMPLE MEDICINES TO MINORS
PROHIBITED shall be added as written in "Exhibit A" attached hereto.
SECTION 11. CHAPTER 11.56 CURFEW shall be retitled and amended as written in
"Exhibit A" attached hereto.
SECTION 12. CHAPTER 11.64 TRESPASS shall be deleted in its entirety.
SECTION 13. CHAPTER 11.68 CHARITABLE SOLICITATIONS shall be amended as
written in ""Exhibit A"" attached hereto.
SECTION 14. CHAPTER 11.72 PUBLIC NUISANCES shall be amended as written in
"Exhibit A" attached hereto.
SECTION 15. CHAPTER 11.73 GRAFFITI shall be amended as written in ""Exhibit A""
attached hereto.
SECTION 16. CHAPTER 11.76 UNCLAIMED PROPERTY shall be amended as written in
""Exhibit A"" attached hereto.
SECTION 17. CHAPTER 11.80 VEHICLE CONTROL shall be amended as written in
""Exhibit A"" attached hereto.
SECTION 18. CHAPTER 11.84 FALSE STATEMENTS shall be retitled and amended as
written in "Exhibit A" attached hereto.
SECTION 19. CHAPTER 11.88 REGULATION OF SPECIAL SALE EVENTS shall be
amended as written in "Exhibit A" attached hereto.
SECTION 20. CHAPTER 11.96 SKATEBOARDS, BICYCLES AND ROLLER SKATES shall be
retitled and amended as written in "Exhibit A" attached hereto.
SECTION 21, SEVERABILITY. The City Council declares that, should any provision,
section, paragraph, sentence or word of this ordinance be rendered or declared invalid
by any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences or
words of this ordinance as hereby adopted shall remain in full force and effect.
SECTION 22. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
days after its adoption.
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SECTION 23. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 6th day of March 2018 by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
1=1�- 5
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cler
City of La Quinta, Californi
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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"EXHIBIT A" to
ORDINANCE 568
Chapter 11.04 [delete in its entirety]
Chapter 11.08 DISORDERLY CONDUCT AND TRESPASS
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, parking lot 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:
1. Has been opened;
2. Has a seal broken; or
3. 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. Exceptions. 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. Subsection A of this
section shall not apply to any municipally owned golf course and clubhouse.
11.08.040 Noise. [delete in its entirety]
11.08.080 Trespass.
No person shall commit a trespass on residential property, business property or on
public property.
"Trespass" for the purpose of this section means:
A. Entering upon, or refusing to leave, any residential or business 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.
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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 when the building is
regularly closed to the public 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, is prohibited.
11.08.082 Form of notification.
Within the meaning of Section 11.08.080, notification by the owner or lessee or other
person in charge of the property or premises may be satisfied by direct verbal
communication by any such person or by his/her duly delegated agent, including a
peace officer or private patrol person, or by sign conspicuously posted on the property
or premises giving notice of the prohibition of the particular form of trespass involved.
11.08.085 Exceptions.
Exceptions to the definition of trespass are any of the following instances:
A. Where its application results in or is coupled with an act prohibited by the Unruh
Civil Rights Act (which forbids a business establishment generally open to the public,
from unreasonably and arbitrarily excluding any prospective customer, and from
practicing any racial or other prohibited discrimination);
B. Where its application results in or is coupled with an act prohibited by any other
provision of law relating to unlawful discrimination against any person on account of
an actual or perceived protected class under federal, state, or local law, including
color, race, ethnicity, religion, creed, sex, gender, sexual orientation, ancestry, age,
physical or mental disability, or national origin;
C. Where its application results in or is coupled with an act prohibited by Section 365
of the California Penal Code or any other provision of law relating to duties of
innkeepers and common carriers;
D. Where its application would result in an interference with or inhibition of peaceful
labor picketing or other lawful labor activities;
E. Where its application would result in an interference with or inhibition of any other
exercise of a constitutionally protected right of freedom of speech such as (but not
limited to) peaceful expressions of political or religious opinions, not involving conduct
otherwise punishable criminally under the California Penal Code; or
F. Where the person who is upon another's private property or business premises is
there under claim or color of legal right. This exception is applicable (but not limited
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to) the following types of situations involving disputes wherein the participants
generally have suitable civil remedies readily available to them: Marital and post -
marital disputes; child custody or visitation disputes; disputes regarding title to or
rights in real property; landlord -tenant disputes; disputes between members of the
same family or between persons residing upon the property concerned up until the
time of the dispute; employer -employee disputes; business -type disputes such as
those between partners; debtor -creditor disputes; and instances wherein the person
claims rights to be present pursuant to order, decree or process of a court.
11.08.090 Violation.
Any violation of this chapter shall constitute an infraction pursuant to Section
1.01.200 of this code, unless the violation is specifically designated as constituting a
misdemeanor under city, state or federal law.
Chapter 11.13 BINGO AND REMOTE -CALLER BINGO PERMITS
11.13.010 Purpose.
The purpose of this chapter is to provide for the issuance of permits under which
certain bingo games may be allowed which would otherwise be unlawful under state
law. This chapter is enacted pursuant to the authority of Section 19 of Article IV of the
State Constitution and Section 326.5 of the Penal Code.
The provisions in this chapter shall be construed strictly in accordance with said
authority, and in the event of any apparent conflict or inconsistency, the provisions in
this chapter shall be given only such interpretation as will render them compatible
with Penal Code Section 326.5 and other applicable provisions of state law.
11.13.020 Definitions.
For the purposes of this chapter, certain words and phrases used in this chapter are
defined as follows:
A. "Bingo" is defined in Penal Code Section 326.5(o) as meaning a game of chance in
which prizes are awarded on the basis of designated numbers or symbols that are
marked or covered by the player on a tangible card in the player's possession and that
conform to numbers or symbols, selected at random and announced by a live caller.
B. "City manager" shall mean the city manager or his/her designee.
C. "Minors" are all persons under eighteen years of age, as specified in Civil Code
Section 25.
D. "Remote -caller bingo game" is defined as meaning a game of bingo, as defined in
subdivision (a) of Section 326.5, in which the numbers or symbols on randomly drawn
plastic balls are announced by a natural person present at the site at which the live
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game is conducted, and the organization conducting the bingo game uses audio and
video technology to link any of its in -state facilities for the purpose of transmitting the
remote calling of a live bingo game from a single location to multiple locations owned,
leased, or rented by that organization, or as described in subdivision (a) of Penal Code
Section 326.5. The audio or video technology used to link the facilities may include
cable, Internet, satellite, broadband, or telephone technology, or any other means of
electronic transmission that ensures the secure, accurate, and simultaneous
transmission of the announcement of numbers or symbols in the game from the
location at which the game is called by a natural person to the remote location or
locations at which players may participate in the game. The drawing of each ball
bearing a number or symbol by the natural person calling the game shall be visible to
all players as the ball is drawn, including through a simultaneous live video feed at
remote locations at which players may participate in the game.
E. "State -authorized organization" is defined as meaning (1) only organizations
exempted from the payment of the bank and corporation tax by Sections 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 237011 of the
Revenue and Taxation Code, (2) mobilehome park associations, (3) senior citizens
organizations, (4) charitable organizations affiliated with a school district, (5)
organizations that have been incorporated or in existence for three years or more, (6)
organizations licensed by the city, (7) organizations that use receipts of the game only
for charitable purposes, and (8) the operation of bingo is not be the primary purpose
for which the organization is organized.
11.13.025 Bingo -games and remote -caller bingo games authorized.
Bingo and remote -caller bingo games may be lawfully played in the city pursuant to
the provisions of Section 326.5 of the Penal Code and this chapter, and not otherwise.
11.13.030 Permits —Issued by city manager.
Pursuant to and in accordance with the provisions of this chapter, the city manager
may issue permits to state -authorized organizations to conduct bingo games and
remote -caller bingo games.
11.13.035 [deiete in its entiretyl
11.13.040 Inapplicability of Chapter 11.12.
The provisions of Chapter 11.12 of this code (Gambling) relating to prohibition of
gambling games not otherwise prohibited under state law shall not be deemed
applicable to any bingo or remote -caller bingo games conducted under valid permits
issued under this chapter.
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11.13.050 Permit fees.
Each applicant for a permit under this chapter or for permit renewal and each person
filing any appeal pursuant to provisions of this chapter, shall pay at the time of filing
the application or appeal a processing fee or fees in an amount or amounts as may
have been established by resolution of the city council, to defray the expense of
investigation and processing. If an application is denied, one-half of the application
fee shall be refunded to the organization. Appeal fees are not refundable unless
expressly otherwise ordered by the city council.
11.13.060 Applications for permits.
A. Applications for bingo permits shall be written, signed and verified under penalty of
perjury, and shall be filed with the city manager in such form, and with such
documentation as the city manager determines necessary to verify that the applicant
is an eligible State -authorized organization.
B. No application for a permit renewal shall be accepted unless, in addition to the
above information, there is also submitted therewith a full and accurate accounting
record, certified under penalty of perjury by the permittee's accountant or a member
of the permittee's management deemed by the city manager to be authorized and
appropriate to make the certification, setting forth in detail the income and expenses
received and disbursed in connection with the permittee's operation, conduct,
promotion, supervision and any other phase of bingo or remote -called bingo game
activities carried on under the existing or preceding permit. Such a certified
accounting record may also be required by the city manager in cases where the
application is not for a "renewal" but is for a new permit to be issued to an applicant
organization which at any previous time held a permit issued under this chapter.
11.13.07❑ Investigation.
Upon receipt of an application, the city manager shall conduct or cause to be
conducted whatever investigation is deemed necessary to verify the facts stated in
the application and assure the city manager that activities under the permit will
probably comply in all respects with the requirements set forth in Penal Code Section
326.5 and with local standard permit conditions, and with whatever other conditions
the city manager deems necessary or desirable to protect the public peace, health,
safety and welfare and to assure compliance with all laws, state and local.
11.13.080 Permits —Issuance —Denial.
A. The city manager shall issue permits as applied for, provided it appears that the
applicant has been, and will appropriately meet, all requirements of this chapter,
Penal Code Section 326.5, the applicable standards, rules, and regulations (including
special conditions which will be attached to the permit) pursuant to this chapter, and
other ordinances and laws.
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B. A permit shall be denied if the character, reputation or moral integrity of the
applicant organization's personnel (management or otherwise) is determined by the
city manager to be inimical or detrimental to the safety or general welfare of the
community, or if the applicant falsifies any information in the permit application or
omits any information required therein.
A permit denial shall, however, be made only after opportunity has been granted to
the applicant for a due process hearing before the city manager in accordance with
Sections 2.08.180 through 2.08.230 of this code.
C. No permit shall be issued for the conducting of any bingo game, remote caller
bingo game or other games by the city or any department or agency thereof, or for
such games to be conducted upon any premises owned, held or controlled by the city.
11.13.090 Permits —Conditions by state law.
All permits issued under this chapter to allow bingo games and remote call bingo
games shall be subject to the conditions as mandated by Penal Code Section 326.5 as
amended from time to time. A copy of Penal Code Section 326.5 shall be provided by
the city with every application.
11.13.100 Permit —Local standard conditions.
All permits issued pursuant to provisions of this chapter shall be subject to the
following additional special conditions:
A. Bingo and remote caller bingo games shall be conducted only between the hours
of twelve noon and eleven p.m., and for not more than four hours on any single day.
B. Bingo and remote caller bingo games shall not be conducted, by any organization
authorized to do so, for more than five days in any calendar month.
C. Any peace officer or official city inspector shall have free access to any bingo or
remote caller bingo game allowed under this chapter. The permittee shall have the
permit and lists of approved staff available for inspection at all time during period in
which bingo and/or remote caller bingo games are conducted.
D. No person who is obviously intoxicated shall be allowed to participate in a bingo or
remote caller bingo game.
E. Premises for which any bingo or remote caller bingo permit is issued shall qualify
for the public assembly numbers of the people anticipated, under applicable
provisions of zoning, fire, parking and occupancy ordinances and other laws and
regulations.
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F. Notwithstanding that bingo games are open to the public, attendance at any game
shall be limited to the occupancy capacity of the room in which the game is
conducted as determined by the fire department and building inspector of the city in
accordance with applicable laws and regulations.
G. Notwithstanding that remote -called bingo games are open to the public,
attendance at any remote -caller bingo game shall not exceed the greater of 750
players in a single location or the occupancy capacity of the room in which the game
is conducted as determined by the fire department and building inspector of the city
in accordance with applicable laws and regulations.
H. A permittee shall not reserve seats or space for any persons, except as might be
necessary for the reasonable accommodation of handicapped or infirm persons on a
nondiscriminatory basis.
I. The permittee shall display the permit in a conspicuous place in the premises where
bingo and remote caller bingo games are conducted.
I The permittee is responsible for ensuring that the conditions of this chapter and
Penal Code Section 326.5 are complied with by the organization and its officers and
members. A violation of any one or more of those conditions or provisions shall
constitute cause for the revocation of the organization's permit. At the request of the
organization, the city shall hold a public hearing before revoking any permit issued
pursuant to this chapter.
11.13.110 Permits —Additional special conditions.
The issuance of any bingo or remote caller bingo permit pursuant to this chapter shall,
if appropriate, have additional special conditions attached thereto which are deemed
by the city manager to be necessary to implement the purposes of this chapter and of
Penal Code Section 326.5, and to assure compliance with the provisions of this chapter
and said sections, and to protect the public peace, health, safety and welfare from
foreseeable adverse effects which might otherwise result from any of the activities
sanctioned by the permit, and the city manager shall have discretionary authority to
prescribe any such necessary or appropriate conditions. The permittee (applicant)
shall have the right to a due process hearing before the city manager, if the hearing is
duly requested, in order to protest, or to propose modification to any such additional
special condition existing or proposed.
11.13.120 Permits —Terms situ tronsferabiIit .
The term of a bingo permit shall be valid until the end of the calendar year, at which
time the permit shall expire. A new license shall only be obtained upon filing a new
application and payment of the license fee. The fact that a license has been issued to
an applicant creates no vested right on the part of the licensee to continue to offer
bingo for play. The city expressly reserves the right to amend or repeal this chapter at
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any time by resolution. If this chapter is repealed, all licenses issued pursuant to this
chapter shall cease to be effective for any purpose on the effective date of the
repealing resolution. Each permit issued under this chapter shall be issued to a
specified nonprofit organization to conduct bingo, or remote caller bingo games at a
specific location and shall in no event be transferable from one organization to
another, nor from one location to another.
11.13.130 Revocation or modification_ of permits.
Any permit granted pursuant to the provisions of this chapter may, after the permittee
has been afforded the opportunity of a due process hearing as stated in this chapter,
be revoked, suspended or modified by the city manager for any of the following
grounds or reasons:
A. There has been a violation of or a failure to comply with any condition attached to
the permit or any provision or regulation mentioned in this chapter, or in California
Penal Code Section 326.5, or any other rule or regulation or law specially applicable to
the permitted activities;
B. The character or moral integrity of the permittee or permittee's personnel is
determined inimical to the public safety or general welfare of the community;
C. There was given any false or fictitious information in connection with the
application for and obtaining of the permit;
D. Any one of the permittee's personnel (management or otherwise) has committed
any fraudulent, false, deceptive or dangerous act in connection with, or while
conducting, any permitted bingo game;
E. The permittee or any of its personnel has conducted any bingo game in a manner
contrary to the peace, health, safety or general welfare of the public;
F. The permittee or any of its personnel have, in connection with activities allowed by
the permit, failed to comply with any law or regulation in any of the following fields:
zoning, building codes, off-street parking requirements, controls related to public
assemblies, health regulations, or local and state fire regulations;
G. Any activities done under or occurring incidental to the permit have interfered or
tended to interfere with the normal flow of vehicular or pedestrian traffic on any
public right-of-way;
H. Any activities done under or occurring incidental to the permit have unduly and
unreasonably interfered with or adversely affected any private property owner's or
resident's rights to peaceful and unmolested enjoyment of his private premises;
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I. The permittee or any of its personnel have failed to comply with provisions of the
city's sign ordinance, or with conditions attached to the permit relating to sign control;
J. Any other reason exists for which the permit might have been lawfully denied in
the first instance, or that for any reason the continued operations under the permit
will be inimical to the public safety or general welfare of the community.
11.13.140 Procedure for revocation. suspension,_and modication.
A. A revocation, suspension or modification as referred to in the preceding section
shall be made only after opportunity has been granted to the permittee for a due
process hearing before the city manager, as set forth in Sections 2.08.180 through
2.08.220 of this code. Any person aggrieved by any decision of the city manager may
appeal to the city council pursuant to Sections 2.04.100 through 2.04.130 of this code.
B. Upon failure of the permittee to respond to the opportunity for hearing after
issuance of the notice of the hearing pursuant to Sections 1.01.300 and 1.01.310 of
this code, the permit may be suspended or revoked, or may be modified in such
particulars as are deemed necessary in the public interest. Any such suspension,
revocation or modification shall be effective upon the date the notice is deemed
served pursuant to Section 1.01.300 of this code. Any such order of suspension,
revocation or modification shall also be effective as to any employee or agent of the
permittee, which employee or agent has been notified orally or in writing of the
substance of the order.
C. Any such revocation or modification of any permit may be in addition to any
penalties otherwise provided for by law.
11.13.150 Appeals.
Any person aggrieved by, dissatisfied with, or excepting to any action, denial, order,
requirement, condition, permit, decision or determination made by the city manager
in administering the provisions of this chapter may appeal to the city council pursuant
to Chapter 2.04 of this code.
11.13.160 Permit renewal —Effect of otherpen_d_ ng proceedings.
In the event a renewal application is filed during the pendency of a proceeding to
suspend or revoke the permit, such filing shall continue the permit in full force and
effect until the making of the final order by the city manager terminating proceedings.
Failure of the city manager to revoke, suspend, limit, or condition the permit shall
have the effect of granting the renewal. The application for renewal shall become a
part of the pending proceeding and be subject to all evidence which has been or is
thereafter presented. No further notice to the applicant is required and the city
manager is authorized to consider and take action upon the application in accordance
with this chapter.
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11.13.170 [delete in its entireV1
11.13.180 Permit ineffective while conditions not observed.
Any permit issued pursuant to this chapter shall, during its term, be deemed in effect
so as to validate bingo games or remote caller bingo games thereunder (which would
otherwise be unlawful under state law) only throughout periods of time during which
the permittee and its personnel are fully complying with all permit conditions referred
to, and/or authorized in or by Sections 11.13.090, 11.13.100 and 11.13.110. If any
such permit conditions are being violated or not complied with, then the state laws
regarding bingo games shall be deemed fully applicable to the permittee and its
personnel managing, supervising or conducting the bingo games, to the same extent
as if no permit has ever been issued; provided, however, that members of the public
who are participating in the bingo games not as personnel of the permittee, which
members of the public have no knowledge or reason to know, of the aforesaid
violations of or noncompliance with the permit conditions, shall be deemed to be
participating in games for which a permit is in full force and effect, so long as a permit
is conspicuously displayed upon the premises in accordance with subsection I of
Section 11.13.100.
Chapter 11.16 WEAPONS
11.16.030 Shooting weapons prohibited.
No person shall discharge or cause the discharge of any pistol, gun or any firearm of
any kind or air gun or air rifle within this city except as provided in Section 11.16.050.
Any person violating this section is guilty of a misdemeanor.
11.16.040 [delete in its entiretyl
11.16.050 Exemptions to shooting weapons prohibition.
Section 11.16.030 shall not apply to the following persons:
1. Any peace officer, either federal, state, county or municipal, or member of the
armed services while acting in the lawful discharge of his/her duties, or
engaged in target practice at any range regularly established for such officers,
2. Operators or patrons of any shooting gallery, skeet club or target range holding
a permit from the city for the conduct thereof.
3. Any person using a firearm in the lawful defense of himself/herself, another
person or property.
11.16.060 Carrying and use of slings.
It is unlawful within the city limits for any person to carry or use a sling for the
purpose of throwing a missile of any kind that endangers the safety of the public.
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11.16.070 Sale of air uns to minors prohibited.
A. It is unlawful for any person to sell, give or loan to any person under eighteen (18)
years of age, any BB gun, air gun, pellet gun, or spring gun, within the city.
B. No person, under the age of eighteen (18) years, shall have in his/her possession
or control any BB gun, air gun, pellet gun, or spring gun, within this city, except while
in immediate custody of his/her parents as hereinafter provided.
C. Any person under the age of eighteen (18) years may, while in custody of and
under immediate control of his/her parent or guardian, use a BB gun, air gun, pellet
gun, or spring gun, to shoot at an inanimate target on a range or in a shooting gallery
which has been authorized by the chief of police.
Chapter 11.20 EXPLOSIVES
11.20.050 Definition.
"Explosives" means that definition published by the U.S. Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives as amended from time to time.
1120.010 Compliance with regulations.
A. No person, firm or corporation shall, within the city limits, do any of the following
without first having made application for and received a permit:
1. manufacture explosives
2. sell, furnish, or give away explosives
3. receive, store, or possess explosives
4. transport explosives
5. use explosives including all pyrotechnics and display fireworks
6. operate a terminal for handling explosives
7. park or leave standing any vehicle carrying explosives.
B. Application for a permit shall be made to, and all related permit fees paid to the
Office of the Fire Marshal, CAL FIRE, Riverside County Fire Department or successor
agency.
11.20.015 Compliance with Riverside County Fire Department regulations and
procedures.
A. Applicants shall be subject to the regulations and procedures of the Office of
the Fire Marshal, CAL FIRE, Riverside County Fire Department, County of Riverside,
California including regulations regarding revocations and appeals.
B. In the event the city takes official action to assume responsibility and control
over explosive permits within the city, then all applications and permits subject to this
chapter, shall remain subject to and governed by the policies, procedures and
regulations for explosives then in place by the Riverside County Fire Department,
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County of Riverside, California, except that the city shall be the governing agency with
jurisdiction over explosives. The city manager shall have the authority to enact any
and all regulations that would allow for the city to continue to regulate explosives
until such time as the city enacts an ordinance(s) amending this chapter or other
provisions of the code in furtherance of regulating explosives.
11.20.020 delete in its entiretyl
11.20.030 [delete in its entiretyl
11.20.040 [delete in its entiretyl
11.20.050 [delete in its entiretyl
11.20.060 [delete in its entiretyl
11.20.070 delete in its entirety]
11.20.080 delete in its entirety
11.20.090 delete in its entiret
11.20.100 (delete in its entirety
11.20.110 [delete in its entiretyl
11.20.120 Insurance.
In addition to any requirements of the Office of the Fire Marshal pursuant to Section
11.20.015, the city manager or designee shall have the authority to require additional
necessary or appropriate conditions, including primary insurance coverage,
endorsements or bonds in amounts determined to be necessary by the city manager
or designee, based on the scope of the operations, to protect public safety and the
general welfare of the community and naming the city as additionally insured. Each
such policy of insurance shall contain a provision or endorsement further holding the
city, its officers, agents and employees free and harmless from any death, injuries, or
damage occurring in connection with the acts done under the blasting permit. The
policy of insurance shall further contain a provision or endorsement providing that the
policy will not be cancelled until notice in writing has been given to the city, addressed
in care of the city manager at the city administrative offices and received by the city
manager at least ten days prior to the time the cancellation becomes effective.
11.20.130 [delete in its entirety]
11.20.140 [delete in its entiretyl
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11.20.150 [delete in its entirety]
11.20.160 [delete in its entirety]
11.20.170 [delete in its entirety]
11.20.180 Liability of city.
Supervision of the blasting by any city or county official or employee shall not relieve
the person, firm or corporation performing the work of any liability established by this
chapter or any other applicable law, nor shall it relieve the person, firm or corporation
performing the work from being liable for any injury to person or damage to property
caused by the blasting operation.
11.20.190 [delete in its entirety]
11.20.200 [delete in its entirety]
11.20.210 [delete in its entirety]
11.20.220 Safe and sane fireworks prohibited.
A. Except as provided in La Quinta Municipal Code Section 11.44.060, the storage, use,
sale, possession, discharge and handling of safe and sane fireworks as defined in
California Health and Safety Code Sections 12529 and 12562 is prohibited within the
city of La Quinta.
B. Safe and sane fireworks within the city of La Quinta are subject to confiscation and
disposal by any peace officer or other city official authorized to enforce the La Quinta
Municipal Code.
Chapter 11.24 PARADES
11.24.010 [delete in its entirety]
11.24.020 Purpose.
Parades and public events of a similar nature give rise to a festive atmosphere, uplift
the public spirit and act as boosters for charitable drives and philanthropic programs.
However, attendant with these public benefits are problems of traffic and pedestrian
control. Therefore, in order to facilitate the movement of traffic, fire trucks,
ambulances and other emergency vehicles and to preserve the peace, health, safety
and welfare of the people, it is necessary to enact this chapter regulating parades.
11.24.030 Definitions.
A. "City manager" shall mean the city manager of the city or his/her designee.
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B. Congested Traffic Areas. As used in this chapter, "congested traffic areas" include
Highway 111, Washington Street, Calle Tampico, Avenida Bermudas, Eisenhower
Drive, and Jefferson Street, since these streets at the present time are the main
streets leading into and out of the city and present the gravest traffic congestion
problems.
C. Parade. As used in this chapter, "parade" means and includes any march,
procession or assembly consisting of persons, animals or vehicles, or a combination
thereof, upon any public street, sidewalk, alley or other public right-of-way, which
does not comply with normal and usual traffic regulations or controls.
11.24.040 Permit —Required —Criteria.
A. No person shall conduct or manage any parade without a written permit. Such a
permit shall be issued by the city manager after report by the chief of police. The city
manager may refuse a permit for a parade when the primary function thereof is to
publicize or advertise a person, business organization or event unless the event serves
a public purpose and the overall good of the community. Permits shall not be issued if
the parade would require extraordinary police service or endanger public safety. The
criteria to be considered in the denial of a permit on the grounds of the endangering
of public safety are (1) the route of the parade, (2) the total period of elapsed time for
the event, (3) the proximity in time and area of other similar events, (4) the nature and
purpose of the parade, (5) the special traffic problems such an event would engender,
(6) the ability of the police department to control the event, (7) the number of persons,
animals or units involved and (8) any health, moral or safety hazards that might
threaten the community as a result of the activity.
11.24.043 Permit —Conditions may be attached.
As conditions attached to the granting, use and effectiveness of any parade permit,
the city manager may impose conditions concerning the time and place of the parade;
the area and manner of assembling and disbanding the parade; the maximum length
thereof; the maximum and minimum speed thereof; the number and types of vehicles,
if any; and such other requirements as are found by the city manager to be necessary
for the protection of persons or property and control of other traffic and to assure that
the parade will be conducted in conformance with the purposes, objectives and
requirements set forth in this chapter and in compliance with all other applicable laws,
rules and regulations, and in a manner not unduly detrimental to the public interest.
When it is practical to do so, the city manager shall give reasonable consideration to
the formulation of permit conditions which will enable the making of findings
prerequisite to permit issuance (per Section 11.24.080 and any other applicable
provisions in this chapter).
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11.24.046 Permit —Conditions re public costs and indemnity.
A. Each parade permit shall contain a condition for prepayment of a parade fee to the
city in an amount reasonably estimated by the city manager to be sufficient to cover
any extraordinary costs and expenses to the city which will be occasioned by the
parade for (but not limited to) such necessary public services as police department
added costs of policing, crowd control and traffic and parking control, placement and
removal of barricades and signs for parade routes and parking control, and for
cleanup of streets and sidewalks at the conclusion of the parade.
B. Unless specially waived by the city council, the city manager shall require, as a
condition to issuance of a parade permit, that the organization or party staging or
sponsoring the parade file evidence of insurance (or self-insurance) coverage for
public liability and property damage which might result from the conduct of the
parade. The coverage shall be in an amount reasonably found by the city manager (in
consultation with the city's risk manager and city attorney) to be adequate in view of
the particular parade activity contemplated. The city manager further shall have the
discretion to require that the city be named as an additional or co-insured in the
coverage and to require such other coverage, endorsements or bonds in the amounts
determined to be necessary by the city manager, based on the scope of the parade, to
protect public safety and the general welfare of the community. Each such policy of
insurance shall contain a provision or endorsement further holding the city, its
officers, agents and employees free and harmless from any death, injuries, or damage
occurring in connection with the acts done under the parade permit.
11.24.050 Permit —Application —Submission Deadlines and Contents.
A. Any person or organization desiring to conduct or manage a parade within a
congested traffic area as defined in this chapter shall make application therefor not
less than thirty days nor more than one hundred eighty days before the date on which
it is proposed to conduct such a parade.
B. Any person desiring to conduct or manage a parade in any area of the city falling
outside of the congested traffic area as defined in Section 11.24.030 shall make an
application therefor not less than twenty-one days or more than one hundred eighty
days before the date on which it is proposed to conduct such a parade.
C. The application for the permit shall include information as to the sponsoring
organization; the approximate number of vehicles, animals or other units to be in the
parade; the nature of items of equipment or persons to be utilized to produce music,
sound or noise during the parade; the name of the marshal or person in charge of the
parade while it is being conducted; the proposed assembly area, the route, duration,
speed and dispersal area of the parade; the proposed alternate routes or times, if any;
the nature and purpose of the parade, and any other similar information required by
the city manager at the time the application is filed. The city manager shall not
accept the application unless all of the required information is contained thereon, and
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unless the application is accompanied by payment of any application processing fee
as may have been established by resolution of the city council.
11.24.060 Permit —Application —Processing.
Upon receipt of an application for a parade permit, the city manager shall forthwith
refer it to the chief of police and such other relevant city officials who shall investigate
the facts, plan and program as set forth in the application. Within fourteen days after
receiving the application, the chief of police, and other city officials reviewing the
application shall make a recommendation to the city manager relative to issuing,
issuing with conditions or denying the parade permit. The city manager shall, upon
receipt of the recommendations, act thereon as soon as reasonably practicable.
11.24.070 [delete in its entirety
11.24.080 Permit —Issuance
The city manager shall issue the permit upon the following findings:
A. The parade will not unduly interrupt the safety and orderly movement of other
traffic along and across its route for an unreasonable period of time;
B. The conduct of the parade is not reasonably anticipated to require the diversion of
so great a number of police officers of the city as would be needed to police the line of
movement in the area contiguous thereto, that the result would be to deny and
prevent adequate police protection to the remainder of the city;
C. The conduct of the parade would not unduly interfere with ambulance or fire
department service;
D. The conduct of the parade is not unreasonably likely to cause injury to any person
or property;
E. The parade can be moved from its point of origin to its point of termination
expeditiously;
F. Where the parade is to traverse a stretch of the state highway, when no objection
thereto is filed by the State Division of Highways.
11.24.090 Appeals—Resubmittals—Late applications.
A. Any person aggrieved by any decision of the city manager with respect to denial or
issuance of any permit, conditions attached thereto, or any other administrative
action taken pursuant to the terms of this chapter, may appeal to the city council
pursuant to Section 2.04.100 through 2.04.130 of this code.
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B. If a permit for a parade is denied on the basis, in whole or in part, of the date, hour
or route of travel, the applicant may submit a new request proposing alternate dates,
hours or routes of travel.
B. The council may also directly consider any application for permit to conduct a
parade which is not filed within the time limits prescribed in this chapter if
placed upon the council agenda by a councilmember. In such case, the criteria
set forth in this chapter shall apply.
11.24.100 Officials to be notified.
Immediately upon the granting of a parade permit, the city manager shall send a copy
thereof to the chief of police, chief of the fire department, and to any other person
having particular interest in the parade.
11.24.110 Interference with parade.
No person shall, without the consent of the permittee, join or participate in a parade,
nor in any manner interfere with its orderly conduct.
11.24.120 Participation in parade with no permit.
No person shall participate as a member of a group conducting a parade for which no
permit has been issued pursuant to this chapter, when the person has knowledge of
the lack of the permit, or after s/he has been personally notified to this effect.
Chapter 11.36 WILDLIFE PROTECTION [DELETE IN ITS ENTIRETY]
Chapter 11.44 PARKS AND RECREATION AREAS
11.44.010 Application of chapter.
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 but not limited to all grounds, roadways,
avenues, parks, buildings, trails, open spaces/usable open spaces as defined in Title 9,
Section 9.280.030 of this code, school facilities when they are in use as recreational
facilities, and areas, under the control, management or direction of the city manager.
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 recreation areas. Certain provisions of this chapter
shall further be applicable outside such parks and recreation areas where the context
indicates an intention that they be 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.
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11.44.020 Enforcement powers of peace officers and city personnel.
A. For purposes of this section, the following definitions apply:
1. "Expulsion notice" constitutes an administrative citation pursuant to Chapter
1.09 of this code.
2. "Repeat violator" means an individual who has been arrested, cited, ejected, or
expelled as a violator of this chapter within thirty days of a previous arrest,
citation, ejection, or expulsion as a violator of this chapter.
3. "Violator" means an individual who has violated any of the provisions of this
chapter or any other law, ordinance or rule that may be in effect now or may
hereafter be passed or adopted for the regulation and government of parks or
recreation areas, or of public places in general, in the city.
B. Power and authority is hereby given to the city manager, the city manager's
authorized representatives, and to any of the attendants employed in such parks or
recreation areas, in their discretion, to eject and expel from the parks or recreation
areas or building thereon, any violator. In addition to his or her ordinary powers of
arrest or citation, any peace officer enforcing any law or regulation shall be
authorized, in lieu of arresting or citing any violator, in his or her discretion, to eject
and expel the violator. No person being ejected or expelled pursuant to the authority
of this subsection 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 or her, by the city manager or by an authorized
representative thereof.
C. In addition to the other powers and authorities in this section, any peace officer, in
addition to his or her ordinary powers of arrest or citation, who is enforcing any law or
regulation, shall be authorized, in lieu of arresting or citing any violator, in his or her
discretion, to eject and expel a violator or repeat violator. The ejection and expulsion
of a violator shall be accompanied by service of an expulsion notice that may include
a fifty dollar administrative fine for the initial violation, which shall be paid by the
violator. The ejection and expulsion of a repeat violator shall be accompanied by
service of an expulsion notice that may include a one hundred dollar administrative
fine for each subsequent violation, which shall be paid by the repeat violator, and may
expel the repeat violator from the same park, recreation area or building, for a period
of up to one year. No person being ejected or expelled pursuant to the authority of
this subsection as a violator or repeat violator 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 or her, by the city
manager or by an authorized representative thereof. Furthermore, no person being
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ejected or expelled as a repeat violator may return to the same park, recreation area
or building, for the period specified in the repeat violator's expulsion notice, unless the
period is modified by administrative action pursuant to a timely contesting of the
expulsion notice. Any person receiving an expulsion notice pursuant to this subsection
may contest the expulsion or fine, or both, in accordance with the procedures
provided in Chapter 1.09 of this code.
11.44.030 Public may be excluded.
A. In an emergency or when the city manager, chief of police (or an appropriately
designated representative of any such official) determines 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 part or portion thereof, may be
closed against the public and all persons may be excluded therefrom until the
emergency or other reason upon which the determination of the city manager of chief
of police 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 the area or
place has been reopened to the public by order of proper authority.
11.44.040 Permits for gatherings and meetings.
A. No person shall hold, conduct, participate in, attend or address any meeting,
organized gathering or assemblage, group picnic, celebration, parade, service or
exercise, of fifty or more persons, in any park or recreation area without a written
permit granted by the city manager as provided in this section.
B. The city manager (acting personally or by delegated designee) is empowered to
grant permits authorizing any person, society, association or organization to hold or
conduct a meeting, organized gathering or assemblage, group picnic, celebration,
parade, service or exercise for the observance of or commemoration of any public
celebration, event, or demonstration of a patriotic, municipal or memorial character,
or for social, educational, training, entertainment or recreational purposes.
C. An application for a permit shall be granted if the issuing authority determines:
1. That the requested activity is consistent and compatible with proper and
appropriate park and recreation area uses at the location applied for;
2. That the requested activity is reasonable and will not interfere with general use
of the park or recreation area by other individual or group members of the public;
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3. That the requested activity will in all respects comply with the provisions of this
code and of any other ordinance, law, rule or regulation in effect at the time and
place the activity is to be conducted;
4. That the requested activity is not reasonably anticipated to incite violence,
crime or disorderly conduct;
5. That the requested activity will not entail unusual, extraordinary or
burdensome expense or police operation by the city; and
6. That no other reason exists why the granting of the permit would be
detrimental to the public interest.
D. Except in cases where a fee is paid adequate in amount to fully reimburse the
public accounts for all involved costs and permits shall not be granted for the purpose
of conducting services of any religious denomination or sect, or for the purpose of
discussing, expounding, advocating or opposing the principles or creed of any religious
denomination or sect. In all other respects, however, applications for such permits
shall be considered and processed on an equal basis, subject to the same advantages,
qualifications and limitations as other applications by or for another nonreligious
organizations, groups or gatherings.
E. In the event it is proposed that an admission fee be charged for attendance at the
requested activity, or that contributions will be solicited or a collection taken up at the
requested activity, the application for a permit shall expressly state such proposal. No
person shall charge any such admission fee or solicit contributions or take up any
collection at or for any such activity unless a provision allowing it to be done is
included in a permit issued under this section.
F. The issuing authority may attach conditions to any such permit which are deemed
necessary or appropriate to assure that the activity will be carried on in conformance
with applicable laws, rules and regulations, in a manner consistent with proper park
and recreation area uses, and in a manner not detrimental to the public interest.
Where deemed appropriate, the issuing authority may require suitable insurance,
indemnity bond or other guarantee to protect city property from damage, to protect
the public from unusual and undue expense, or to protect the city from liability of any
kind or character. In this connection there may further be required a money deposit
or payment to defray unusual expenses to be incurred by the city, such as costs of
additional police services, fire protection services, cleanup services, or other municipal
services of whatever nature.
G. Any permit granted pursuant to the provisions of this section shall specify the time
when and the place where the activity shall be held or conducted, and shall designate
the name of the person, society, association or organization to whom the permit is
issued.
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11.44.050 Rules and -regulations —Promulgation b city manager.
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, of 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 portions of the
foregoing. A copy of the rules and regulations, or a synopsis thereof shall be posted in
some conspicuous place at or near the premises where the rules and regulations are
to be effective, or in lieu thereof, signs or notices may be posted at or near the
premises in order to give public notice of the rules and regulations.
B. No person having knowledge of or having been advised of any 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 the
premises, when the instruction, sign or notice has been posted in implementation of
any rule or regulation promulgated pursuant to subsection A of this section.
11.44.060 Prohibited conduct generally
Within the limits of any public park or recreation area of the city, no person shall:
A. Hitch, fasten, lead, drive or let loose any animal or fowl of any kind; provided, that
this shall not apply to a dog when led by a cord or chain, not more than six feet long;
B. Ride or drive any horse or other animal, or propel any street, off -road or farm
vehicle, cycle or automobile, except at a place especially designated and provided for
such purpose;
C. Carry or discharge any firecracker, rocket, torpedo or any other fireworks; provided,
that this subsection shall not be deemed to prohibit city -sponsored events or the
possession or use of safe and sane fireworks not otherwise prohibited by law, with a
permit and at places designated for such purpose by the city;
D. Cut, break, injure, deface, remove or disturb any tree, shrub, plant, flower, turf, soil,
sand, gravel, fertilizer, rock, building, cage, pen, monument, fence, bench or other
structure, apparatus or property; or mark or write upon, paint or deface in any
manner, any building, monument, fence, bench or other structure;
E. Install, plant, place, or add any landscape material, monument, park furniture, play
equipment or addition of any kind, including any memorial item without prior city
approval;
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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 as provided in subsection J;
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;
I. Bring a portable grill, stove or barbeque into the area;
J. Utilize anything other than the city -provided, permanent equipment to cook or
barbeque food;
K. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles
provided therefor;
L. Play or engage in model airplane flying, remote -controlled equipment or toys
operating in the air, on the ground or in water including airplanes, watercraft, vehicles
or drones of any kind, driving of golf balls, baseball, softball, football, soccer, volleyball
or any similar games of a hazardous nature except at such places where there is at
least 3,000 square feet of open land and/or water and in a clearing not obstructed by
trees or overhead wires;
M. 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 A"ny gambling table or other
instrument of gambling or gaming;
N. Indulge in riotous, offensive, threatening, or indecent conduct, or abusive,
threatening, profane, or indecent language;
0. Disturb in any unreasonable manner any picnic, meeting, service, concert, sporting
event, exercise or exhibition;
P. Distribute any commercial handbill (as defined in Section 5.20.020) without a prior
permit so to do from the city manager, which permit shall be issued only after due
processing of an application pursuant to Chapter 5.20, 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;
Q. 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
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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
it be allowed;
R. 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 the
activity has been expressly allowed pursuant to specific provisions to such effect
contained in either: a permit issued pursuant to Section 11.44.040; a permit issued
pursuant to Chapter 5.20; a permit issued pursuant to Chapter 5.48; a concession
agreement or franchise or the like duly entered into or granted by the city council;
S. Remain, stay or loiter therein between the hours of ten 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. This subsection shall
not apply to persons lawfully lodging, camping or otherwise remaining overnight at a
place especially designated and provided for such purposes;
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 the 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;
W. Feed, chase, capture, harass, injure any species of wild animal or damage the nest
or eggs of any wild animal, except as provided in Section 10.28.110 of this code;
X. Smoke within the boundaries of the city parks. Smoking shall include all tobacco
and cannabis products and all electronic or battery -operated devices that deliver
vapor for inhalation.
Nothing in this section shall replace or otherwise limit the applicability and
enforcement of Chapter 11.16 to all park and recreation areas which are now or which
may hereafter be under the jurisdiction and control of the city, including, but not
limited to, all grounds, roadways, avenues, parks, buildings, trails, open spaces/usable
open spaces as defined in Section 9.280.030 of this code, school facilities when they
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are in use as recreational facilities, and areas, under the control, management or
direction of the city manager.
11.44.070 Use of pedestrian and equestrian ways.
A. No person shall drive or operate any motor vehicle, motorcycle, motor -driven cycle
(as the foregoing are defined in the Vehicle Code) or any other motorized or self-
propelled vehicle or device upon which a person can ride, on, over or along any public
property or easement (whether or not on a public park or recreation area) which has
been designated, set aside, or is used, as a pedestrian walkway, trail, path, lane or
way, or as an equestrian trail, path, lane or way.
B. The public entity having ownership or control over any such trail, path, lane, way or
walkway may cause it 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, and to the extent that such signs allow variations from
such prohibitions, 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 person with a disability.
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 an
appropriate sign or signs, further restrict the use of the trail, path, lane, way or
walkway by persons riding bicycles or other non -motorized vehicles or devices, or by
equestrians, and when any such sign is posted, no person shall disobey any
prohibition, restriction, direction or other regulation expressed thereon.
11.44.080 Obstructing pathways.
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 vehicle so
that the free passage or use thereof by persons or vehicles passing along the same is
obstructed in any unreasonable manner.
11.44.090 Children visiting parks with lakes.
No parent or guardian, or any person having the custody of any child under the age of
eight years, shall cause, permit or allow the child to enter or visit any public park or
recreation area having a lake within the boundaries of the park or recreation area
unless the child is accompanied by a person of not less than sixteen years of age.
11.44.100 Dog park rules and regulations.
A. Dog parks are to be used by dog owners (handlers) and their dogs only. All other
activities are prohibited.
B. Dog owners using the dog park are using it at their own risk.
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C. The city is not responsible for injuries to people and dogs or illnesses dogs may
contract.
D. The city reserves the right to eject anyone from the dog park at any time for any
reason.
E. Adults must accompany children twelve years old and younger.
F. Dog park hours are dawn to ten p.m.
G. Dogs must never be left unattended.
H. No exception for dogs whose owners have opted to not vaccinate their dogs
based on the state exemption.
I. Unruly dogs are not allowed, including excessive barking. Courtesy to residents
surrounding parks is expected.
J. Female dogs in estrus (heat) are not allowed.
K. Dogs are only allowed in the area that is designated for their weight class.
L. Dogs in small dog areas are to be twenty-five pounds or less.
M. Dog owners must clean up after their dog(s).
N. Owners must stop their dog(s) from digging. Any holes created must be filled by
the owner of the dog(s).
0. No smoking, (including tobacco and cannabis products and electronic vaping
devices), alcohol, or illegal drug use is permitted.
P. No loitering permitted in the designated dog park.
Q. Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the
designated dog park (skateboards, scooters, bicycles, etc.).
R. No dog food (e.g., dog treats) or human food allowed in the dog park.
S. Glass containers are not allowed in the dog park.
T. Special events or contests are not allowed in the dog park without first obtaining
written authorization from the city.
U. Owners must keep dogs from disturbing or interfering with park maintenance
personnel.
Chapter 11.48 SCHOOL GROUNDS
11.48.010 Misuse of school grounds.
It is unlawful for any person to enter upon or to use the grounds of any public school
in this city for the purpose of meeting, idling, playing, picnicking or eating thereon,
without first having obtained written permission therefor from the board of school
trustees having charge of the public school grounds, or their authorized agent.
11.48.015 Dogs at public schools prohibited.
The provisions of Section 10.28.050 of this code shall apply.
11.48.020 Use by children.
Section 11.48.010 shall not apply to children using the grounds under the supervision
or permission of the school authorities.
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Chapter 11.50 DISTRIBUTION OF SAMPLE MEDICINES TO MINORS PROHIBITED
11.50.010 Distribution prohibited.
It is unlawful for any person to give away or otherwise distribute free of charge,
except when placed in the hands of adult persons, any sample package, parcel, bottle,
box or any other quantity of any remedy, nostrum, proprietary medicines or other
materials of alleged medical character, or purporting to be a curative agency; or, to
throw, place, deposit or leave the same, or cause the same to be thrown, placed,
deposited or left in any house, hallway, entranceway, area, yard, or lot on any
doorstep or porch or in any street, alley, court, square or public place, except with an
adult person.
Chapter 11.56 CURFEW AND TRUANCY
11.56.010 Children out at night —Restrictions.
No person under eighteen years of age shall remain, loiter or wander on or about the
public streets, sidewalks, alleys or public parks within this city between the hours of
ten p.m. and six a.m. unless the minor child:
A. Accompanied by Adult. Is accompanied by a parent, guardian or other adult
person having the legal control or custody of the child;
B. Authorized Errand. Is in performance of an errand or duty directed by the parent,
guardian or other adult person having the legal control or custody of the child; or
C. Employment. Is engaged in an employment which makes it necessary for the child
to be on or about the public streets, sidewalks, alleys and public parks between said
hours.
11.56.020 Allowiny children to be out at night.
No parent, guardian or other person having the legal care, custody or control of a child
under the age of eighteen years shall allow the child to go or be upon or about any
street, sidewalk or public park within the city during the period between the hours
abovementioned, unaccompanied by a parent, guardian, or other adult person having
the legal custody and control of the minor unless there exists a genuine necessity
therefor.
11.56.030 Truancy.
It is unlawful for any minor under the age of eighteen years, who is subject to
compulsory education or to compulsory continuation education pursuant to the
Education Code to loiter, idle, wander, or be in or upon the public streets, sidewalks,
alleys, public parks, shopping centers, malls or other places open to the public
generally or any unsupervised place during the hours of seven -thirty a.m. and two -ten
p.m. on days when school is in session. This section does not apply:
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A. When the minor is accompanied by his or her parent, guardian or other adult
person having legal control or custody of the child; or
B. When the minor is on an emergency errand directed by his or her parent or
guardian or other adult person having legal control or custody of the child; or
C. When the minor is going directly from or to their place of gainful employment or to
or from a medical appointment; or
D. To students who have permission to leave school campus for school related
activity, illness, or authorized to leave school early and have in their possession a
valid, school issued, off -campus permit; or
E. When student body is excused for the minimum class schedule or scheduled day
off, i.e., holiday, staff in-service day, summer vacation; or
F. When the minor is an "emancipated minor" as that term is defined in Family Code
Section 7002.
11.56.040 Enforcement.
A. The city may elect to enforce compliance with this chapter by taking action in the
name of the city in a court of competent jurisdiction, through prosecution for violation
of this chapter, or through injunctive or other civil relief.
B. Each violation of the provisions of this section shall constitute a separate offense.
11.56.050 Violation —Penalties.
A. Those found in violation of this chapter will receive a citation requiring mandatory
court appearance. Each time a juvenile is cited, the parent(s) or legal guardian will
receive a formal notification letter outlining their responsibility to care for and
supervise their child, and the violation which may include contributing to the
delinquency of a minor under Section 272 of the California Penal Code.
B. The bail schedule for violations of this chapter are as follows:
1. First offense: fifty dollars or ten hours of community service.
2. Second offense: seventy-five dollars or fifteen hours of community service.
3. Third and subsequent offenses: one hundred dollars or twenty hours of
community service. (Community service is offered to those who demonstrate financial
hardship and both the child and parent participate in the service.)
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Chapter 11.64 TRESPASS [DELETE IN ITS ENTIRETY]
Chapter 11.68 CHARITABLE SOLICITATIONS
11.68.010 Definitions.
For the purposes of this chapter, the following words are defined and shall be
construed as set forth in this section unless it is apparent from the context that they
have a different meaning:
A. "Charitable" includes the words "philanthropic," "social service," "benevolent,"
"patriotic," "humanitarian" either actual or purported.
B. "Charity" shall include any person who, or any nonprofit community organization,
fraternal, benevolent, educational, philanthropic, or service organization, or
governmental employee organization which, solicits or obtains contributions solicited
from the public for charitable purposes or holds any assets for charitable purposes.
C. "City manager" means the city manager or his/her authorized representative or
designee.
D. "Contribution" includes the words "money," "property", "gift" or "donations" of
money or property.
E. "Person" is construed as defined in Section 1.01.170.
F. "Solicitation for Charitable Purposes" means any oral or written request, plea,
entreaty, demand, or invitation, or attempt thereof, to give money or property, in
connection with which any of the following applies:
1. Any appeal is made for charitable purposes.
2. The name of any charity, philanthropic or charitable organization is used or
referred to in any such appeal as an inducement for making any such gift.
3. Any statement is made to the effect that the gift or any part thereof will go to
or be used for any charitable purpose or organization.
4. The name of any organization of law enforcement personnel, firefighters, or
other person who protect the public safety is used or referred to as an inducement
for transferring any money or property, unless the only expressed or implied
purpose of the solicitation is for the sole benefit of the actual active membership of
the organization.
G. "Sales Solicitation for Charitable Purposes" means and includes the following:
1. Any oral or written request to a potential customer by any means of
communication including but not limited to in person, telephone, U. S. mail, flyers,
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brochures, published advertisements, public postings, email, or any other
electronic means of communication;
2. The sale of, offer or attempt to sell any advertisement, advertising space, book,
card, change, coupon, device, magazine, membership, merchandise, subscription,
ticket of admission or any other thing or service in connection with which any of
the following applies:
a. Any appeal is made for any charitable purpose.
b. The name of any charity, philanthropic or charitable organization is used or
referred to in any such appeal as an inducement or reason for making any such
sale.
c. Any statement is made to the effect that the whole or any part of the
proceeds from any such sale will go to or be used for any charitable purpose or
association.
A solicitation as defined in this section shall be deemed completed when made,
whether or not the person making it receives any contribution or makes any sale
referred to in this chapter.
11.68.020 Compliance with chapter —Notice of intention.
No person shall solicit, nor shall any officer or member of any organization authorize
any person to solicit any contribution for any charitable purpose until the city
manager has supplied the applicant with a certificate provided for in this chapter and
marking it "APPROVED" or "FOR INFORMATION PURPOSES ONLY."
11.68.030 Solicitor to file notice of intention.
At least thirty days prior to the beginning of the solicitation, the applicant shall file
with the city manager or his/her designee, on a form, furnished by the citya written
notice of intention to solicit the contribution(s), which notice shall contain complete
information as follows:
A. The date(s) and times of day when the solicitation is to occur.
B. The location(s) where the solicitation is to occur.
C. The manner and conditions under which the solicitation is to occur.
D. Proof of a valid liability insurance policy in the amount of at least one million dollars
insuring the charity and the city against bodily injury and property damage arising out
of or in connection with the solicitation. No action by the city hereunder shall waive or
limit any immunity from liability provided by any provision of law.
E. All of the information required on the "Solicitation or Sale for Charitable Purposes
Card" set forth in subdivision (a) of Section 17510.3 of the California Business and
Professions Code.
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F. A statement that the signers of the notice have read and are familiar with the
provisions of this municipal code chapter and Article 1.3 (commencing with Section
17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code,
and will require all solicitors engaged in the solicitation to read and be familiar with all
sections of this municipal code chapter and Article 1.3 (commencing with Section
17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code,
prior to making any such solicitation.
11.68.040 Powers of the city manager.
The city manager shall have the following powers:
A. To receive the notice of intention as provided in Sections 11.68.030, investigate it
and supply to the applicant a copy of a certificate with either the word "APPROVED" or
"FOR INFORMATION PURPOSES ONLY" marked thereon;
B. To investigate the allegations of the notice of intention or any statement or
representations; the investigation shall be for the time prescribed in Section
11.68.030;
C. To have access to and inspect and make copies of all books, records and papers of
any applicant by or on whose behalf any solicitation is made;
D. To investigate at any time the methods of making or conducting any such
solicitation;
E. To publish results of any investigation provided for or authorized by Section
11.68.030 and to ascertain and to publicize any additional information obtained as
shall, in the opinion of the city manager, be of assistance to the public to determine
the nature and worthiness of the purpose for which the solicitation is made;
F. To give such publicity to any such results by the means as may be deemed best to
reach the general public and persons interested;
G. To waive the whole or any part of the provisions of this chapter for the purpose of
meeting any extraordinary emergency or calamity.
11.68.050 Standards.
The city manager shall approve the issuance of a certificate with the word
"APPROVED" marked thereon when the following facts are found to exist:
A. That all the statements made in the application are true;
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B. That the applicant has not been, or if the applicant is not an individual person that
none of its agents operating in the city have been, convicted of a crime, either felony
or misdemeanor, involving moral turpitude;
C. That the applicant has not engaged in any fraudulent transaction or enterprise;
D. That the solicitation will not be a fraud on the public. If the notice of intention
indicates the sum to remain available for application to the specific purposes declared
in the notice of intention as the object of the solicitation is less than sixty percent of
the amounts to be collected, the showing shall indicate and be prima facie evidence
that the solicitation will be a fraud on the public.
11.68.060 Fraud.
No person shall make or perpetuate any misstatement, deception or fraud in
connection with any solicitation of any contribution for any charitable purpose.
11.68.070 Name.
No person shall use in soliciting or give to any person whomsoever, either a fictitious
name or an alias or any other than his full, true and correct name, or make any such
solicitation without at the time giving to the person solicited his own full, true and
correct name, nor shall he impersonate any other person in making the solicitation.
11.68.080 Financial records and reports.
No person shall solicit any contributions for or on behalf of any charitable organization
unless the organization is maintaining financial records in accordance with Article 1.3
(commencing with Section 17510) of Chapter 1, Part 3, Division 7 of the California
Business and Professions Code.
In addition to any reporting requirements under state law, every person soliciting any
contribution for any charitable purpose must file with the city manager, within thirty
days after a demand therefor, a verified return stating the contributions secured from
or as a result of any such solicitation, and stating the uses and manner for which all
such contributions were or are to be disbursed or distributed. Every return shall be
signed under penalty of perjury, and the return, if made by an organization, shall be
signed by at least two officers thereof.
11.68.090 Unattended collection boxes or receptacles.
A. Public Property. No person shall solicit or collect any contribution, including
salvageable personal property, for any purpose by means of any unattended box or
receptacle, upon any public street, sidewalk or way, or in any public park, or in any
publicly owned or controlled place except by the express written permission of the city
manager.
B. Private Property.
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1. No person shall solicit or collect any charitable contribution, including
salvageable personal property, or any contribution for any real or purported
charitable purpose, by means of any box or receptacle in any place immediately
abutting upon any public sidewalk or way, or in any place of business open to the
public, or in any room, hallway, corridor, lobby or entranceway, or other place open
to or accessible to the public, or in any place of public resort, or on any other
privately owned property, without first filing with the city manager a "notice of
intention" as required by Section 11.68.030, and every person or organization so
soliciting must in all other respects comply with the provisions of this chapter.
2. All collection boxes and similar receptacles shall comply with the labeling
requirements of Section 151 of the California Welfare and Institutions Code.
3. Any collection box or similar receptacle in violation of this chapter may be
declared a public nuisance.
11.68.100 Private_ property (delete in its entirety]
11.68.110 Prerequisites to soliciting in the name of a charitable organization.
No person shall solicit in the name of or on behalf of any charitable organization
unless the solicitor has:
A. Written authorization of two officers of the organization, a copy of which shall be
filed with the city manager, and which authorization and copy shall each bear a
specimen signature of the solicitor; the written authorization shall expressly state on
its face the period for which it is valid which shall not exceed ninety days from the
date issued;
B. The authorization with him when making solicitations and exhibit it on request to
persons solicited, or police officers, or agents of the city manager.
11.68.115 Penalties for false personation and cheats.
In addition to any other fine or penalty authorized for a violation of this chapter,
pursuant to Section 532d of the California Penal Code, any person who solicits or
attempts to solicit or receives money or property of any kind for a charitable, religious
or eleemosynary purpose and who, directly or indirectly, makes, utters, or delivers,
either orally or in writing, an unqualified statement of fact concerning the purpose or
the organization for which the money or property is solicited or received, or
concerning the cost and expense of solicitation or the manner in which the money or
property or any part thereof is to be used, which statement is in fact false and was
made, uttered, or delivered by that person either willfully and with knowledge of its
falsity or negligently without due consideration of those facts which by the use of
ordinary care he or she should have known, is guilty of a misdemeanor, and is
punishable by imprisonment in the county jail for not more than one year, by a fine
not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine.
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An offense charged in violation of this section shall be proven by the testimony of one
witness and corroborating circumstances.
11.68.120 Verified return. delete in its entirety]
11.68.130_Provisions not applicable to certain solicitations.
The provisions of this chapter, except Sections 11.68.010 and 11.68.060, shall not be
applicable to any solicitation made upon premises owned or occupied by the
association upon whose behalf the solicitation is made, nor to any solicitation for the
relief of any individual specified by name at the time of the solicitation where the
solicitor represents in each case that the entire amount collected, without any
deduction whatever, shall be turned over to the named beneficiary, nor shall they be
applicable to any association soliciting contributions solely from persons who are
members thereof at the time of the solicitation, nor shall they be applicable to
solicitations made solely for evangelical, missionary or religious purposes; however,
that in any case where it comes to the attention of the city manager that any
solicitation has been or is being intended to be made for evangelical, missionary or
religious purposes but in such manner, as in the objective determination of the city
manager, is calculated to give or may give the impression to the person or persons
solicited in any such solicitation or to the public that the purpose of the solicitation is
either in whole or in part charitable, then the city manager, if the public interest will be
served thereby, may investigate the matter of the solicitation and may publish the
findings thereon in such manner as to best to advise the public of the facts of the
case.
11.68.140 Solicitation on Highway 111 prohibited.
No person shall park or stand any vehicle on Highway 111, within the city limits, for
the purpose of soliciting funds for any charitable institution, or otherwise.
Chapter 11.72 PUBLIC NUISANCES
11.72.010 Definitions.
As used in this chapter the following terms shall have the meanings indicated:
A. "Polluted water" means water in a swimming pool, pond, or other body of water
containing bacterial growth, algae, remains of insects or deceased animals, reptiles,
rubbish, refuse, debris, papers or any other foreign material constituting an unhealthy,
unsafe or unsightly condition.
B. "Premises" means any lot or lots and the buildings or structures located thereon.
C. "Property owner" means the owner of the premises where a public nuisance is
located as indicated on the last available tax assessment roll.
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D. "Refuse and waste matter" means unused or discarded matter having little or no
substantial market value including but not limited to: rubble, asphalt, concrete and
building materials, plaster, tile, rocks, bricks, soil, crates, cartons, containers, boxes,
machinery or parts thereof, scrap metal, furniture, inoperative vehicles, vehicle bodies
or parts thereof, trimmings from plants or trees, cans, bottles, and barrels.
E. "State of partial construction" means buildings and structures which are partially
constructed when the building permit for such construction has expired.
11.72.020 Public nuisances prohibited.
No person shall create, maintain, or allow any nuisance as declared in this chapter to
remain on any premises within the city.
11.72.030 Public nuisances declared.
The following are declared public nuisances:
A. Buildings or structures which are abandoned, partially destroyed or in a state of
partial construction;
B. Buildings or structures that have dry rot or warped materials, are infested with
termites, or the paint is cracked, peeled or blistered, rendering the building unsightly;
C. Exterior walls, fences, driveways or sidewalks in a condition of deterioration or
disrepair which are defective or unsightly;
D. Broken windows, damaged doors or gates which constitute a health or safety
hazard or which act as an invitation to trespassers, vagrants, wild or domestic animals
or minor children;
E. Parking or storing construction equipment, machinery or building materials in a
residential zone except during excavation, construction or demolition operations
conducted pursuant to a building or grading permit;
F. Land graded without a grading permit which causes or may cause eroding,
subsidence or surface water drainage problems and is injurious or potentially injurious
to adjacent properties and the public health, safety and welfare;
G. Any excavation, pit, well or hole maintained in a manner that is dangerous to life or
limb;
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H. Any accumulation of dust, sand, gravel, refuse and waste matter or discarded
materials including building and construction materials that endangers public health
and safety;
I. Outdoor stairs, porches, hand railings, balconies and swings not maintained in
accordance with the Uniform Building Code adopted by the city;
J. Allowing the following to exist on a property:
1. Any property, excluding water that has been artificially altered from its natural
condition so that it now supports the development, attraction, or harborage of
vectors. The presence of vectors in their developmental stages on a property is
prima facie evidence that the property is a public nuisance,
2. Any water that is a breeding place for vectors. The presence of vectors in their
developmental stages in the water is prima facie evidence that the water is a
public nuisance,
3. Any activity that supports the development, attraction, or harborage of vectors,
or that facilitates the introduction or spread of vectors,
4. "Vector" as used herein means any animal capable of transmitting the
causative agent of human disease or capable of producing human discomfort
or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other
arthropods, and rodents and other vertebrates,
5. "Public nuisance" as used herein shall not include agricultural operations that
are designed and managed consistent with the accepted standards and
practices for controlling fly development, as defined in Health and Safety Code
Section 2062(b);
K. Premises so maintained as to cause the accumulation of polluted or stagnant
water from any source which may cause a hazardous or unhealthy condition, breeding
area for insects or erosion of foundation walls or soil;
L. The use of any spray, paint, dye, chalk or similar substance to mark or deface any
building, structure, hillside, rock(s), storm channel, or any other surface open to public
view which is commonly known as graffiti;
M. Violation of any of the zoning or sign ordinances of the city or any of the uniform
codes adopted by the city including the Uniform Building Code, Uniform Code for the
Abatement of Dangerous Buildings, plumbing code, electrical code, mechanical code,
swimming pool code, fire code, health code and Uniform Housing Code;
N. Maintenance of property so out of harmony or conformity with the maintenance
standards of adjacent properties which causes a substantial diminution in the
enjoyment, use or value of adjacent properties;
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0. Outdoor burning of any material or structure unless sanction by the fire
department as a training fire or when used as a cooking or comfort fire contained in a
fireproof container no larger than four feet in diameter;
P. Permitting any abandoned, unattended or discarded icebox, refrigerator, freezer or
other similar container with an airtight door or lid that cannot be readily released from
the inside to remain unattended inside or outside any building or structure;
Q. Stockpiling fill dirt or other material without a grading permit;
R. Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the
public right-of-way which causes a substantial diminution in the enjoyment, use or
value of adjacent properties;
S. Landfills containing organic materials except those permitted by the city manager;
T. Allowing the following to exist on property:
1. Lumber, junk, refuse and waste matter or abandoned, discarded or unused
objects or equipment such as furniture, appliances, and play equipment which is
visible from the public right-of-way,
2. Attractive nuisances such as abandoned or broken equipment and machinery,
hazardous pools, excavations, and unsecured dwellings.
3. Clotheslines located in front yards or side yards of corner lots, clothes hung to
dry on walls, fences, trees, bushes or inside open garages or carports which can be
observed from the public right-of-way,
4. Materials stored on rooftops which are visible from the public right-of-way,
5. Trash containers or plastic bags causing offensive odors or a breeding place for
flies,
6. Gasoline, oil, grease, water or other materials flowing onto a right-of-way or an
accumulation of refuse, waste, grease and oil on any surface including but not
limited to, surfaces such as improved or unimproved ground, rights -of -way,
buildings, structures, walls or fences,
7. Any tree, shrubbery or plant growing onto or over the public right-of-way which
impairs pedestrian or vehicular traffic or prevents drivers from clearly observing
safety signs and signals,
8. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and
overgrown vegetation likely to harbor rats or vermin or constitute an unsightly
appearance or fire hazard;
U. Dumping or discharge of refuse, sewage, filthy water and waste matter upon the
following:
1. Any public or private highway or road,
2. Private property where the public is admitted by easement or license,
3. Private property with or without the consent of the property owner, and
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4. Any public property not designated for such purpose;
V. Dumping or placing any rocks or dirt upon public or private property without the
consent of the state or local agency retaining jurisdiction over such highway or
property;
W. Repairing, storing, or otherwise working on any motor vehicle or parts thereof not
belonging to the person residing on the premises in any residential area within the city
unless:
1. Such activities are completely enclosed and not visible from the public right-of-
way, or
2. Such activities constitute emergency repairs, provided that such repairs do not
exceed seventy-two hours;
X. Parking a vehicle, as defined in Chapter 11.80, in public view when a failure to
maintain its exterior causes such vehicle to constitute an eyesore. Vehicles shall be
deemed unsightly when body parts rust or become corroded, paint becomes faded,
chipped, or peeled or the vehicle exterior becomes otherwise dilapidated;
Y. Sanding or painting a vehicle, as defined in Chapter 11.80, anywhere in a residential
zone;
Z. Failure to obscure vehicles and equipment which are stored in a residential zone
out of public view;
AA. Storage of any item in a residential zone in a manner which endangers public
health and safety;
BB. Any business, factory, yard, establishment or other place which generates into or
pollutes the atmosphere with any unwholesome, offensive, or deleterious gas, fumes,
dust, smoke, or odors, or allows offensive odors to be emitted from offal, garbage or
any animal or vegetable matter;
CC. Any offensive or unwholesome business or establishment operated in a manner
dangerous to the public health, safety and welfare;
DD. Marijuana Dispensaries. As used in this chapter, a "marijuana dispensary" is a
facility or location which provides, makes available, or distributes recreational or
medical marijuana, or both, to a primary caregiver, a qualified patient, or any person,
with or without an identification card, as may otherwise be permissible under Division
10 (commencing with Section 26000) of the California Business and Professions Code,
Article 2 (commencing with Section 11357) or Article 2.5 (commencing with Section
11362.7) of Chapter 6 of Division 10 of the California Health and Safety Code, or any
other law or regulation of the State of California.
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EE. Those offenses declared a nuisance anywhere in the code of the city or the
statutes of the state of California or known at common law as nuisances when the
same exist within the jurisdiction of the city.
11.72.040 Inspections.
A. Authorized Representative. The city manager or his/her representative(s) are
authorized to make inspections and take such actions as may be required by this
chapter to provide for the abatement of public nuisances.
B. Right of Entry. Whenever there is reasonable cause to believe that a condition,
activity, or use of property exists which constitutes a public nuisance the city manager
or his/her representative(s) may enter the premises at a reasonable time for the
purpose of inspection. If such premises are occupied, entry shall be requested and
proper credentials shall be presented. If such premises are unoccupied, a reasonable
effort shall be made to locate the property owner. If entry is refused or if the property
owner cannot be located after a reasonable time, a twenty-four hour written notice of
intent to inspect shall be left at the premises. The notice shall state that the property
owner has the right to refuse entry and if such entry is refused, the city may seek
assistance from a court of competent jurisdiction to obtain entry to inspect the
premises.
11.72.050 Abatement of public nuisances.
A. Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings
shall apply and preempt the provisions of this chapter whenever the public nuisance
to be abated constitutes a dangerous building as defined in the Uniform Code for the
Abatement of Dangerous Buildings.
B. Notice of Public Nuisance. Upon determination that a public nuisance exists a
notice shall be issued to the property owner. The notice shall read "Notice of Public
Nuisance," and shall direct abatement of the nuisance, identify the nuisance by
referring to this chapter, and contain a general description of the property sufficient to
identify the location of the public nuisance.
C. Service. The notice of public nuisance shall be served in accordance with Section
1.01.300 of this code.
D. Time to Abate. Public nuisances shall be abated by the property owner no more
than thirty days from the date of service as defined by section 1.01.300 of this code..
If a public nuisance constitutes an immediate fire hazard, the public nuisance shall be
abated within five days of service.
E. Summary Abatement. Whenever a public nuisance exists which constitutes an
emergency presenting imminent danger to life or serious injury to persons or property,
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an authorized representative of the city may order without notice or judicial action the
immediate abatement of the public nuisance.
F. Appeal Procedure. Within ten days from the date of service the property owner
may appeal the determination that a public nuisance exists to the city manager
pursuant to Chapter 2.08 of this code. The appeal shall be in writing and filed with the
city clerk. .
G. Failure to Abate. If a public nuisance is not voluntarily abated after notification the
following shall apply:
1. Prosecution. Failure to abate shall constitute an infraction pursuant to Section
1.01.200 of this code which provides for prosecution as misdemeanor upon
committing three infractions.
2. City to Abate. The city may cause the public nuisance to be abated. The
manner of abatement and costs incurred by the city to abate the public nuisance
shall be reported to the city council by the city manager or his/her designee
immediately following abatement.
3. Judicial Action. The city may commence a civil action in a court of competent
jurisdiction to cause abatement of the public nuisance. Reasonable attorney's fees
and costs may be collected by the city in any action to abate a public nuisance.
11.72.060 Costs of abatement.
A. Responsibility for Costs. If the city abates a public nuisance pursuant to this
chapter, the cost of abatement may be collected as a recorded nuisance abatement
lien or may be collected as a special assessment against the property together with an
additional twenty-five percent of the cost of abatement for inspection and any
administrative and incidental costs incurred by the city to abate the public nuisance.
B. Hearing on Assessment. To determine if the cost of abatement shall be collected
as a recorded nuisance abatement lien or a special assessment against the property, a
public hearing shall be held by the city council. The city clerk shall schedule the
hearing for the first regular meeting that is held at least seven days following the filing
of the report on the costs and manner of abating the public nuisance pursuant to
Section 11.72.050(B). The property owner shall be served notice advising him/her of
the date, time and location of the hearing in accordance with Section 1.01.300 of this
code. A property owner may pay the assessment to the city clerk prior to the hearing
to avoid a lien or special assessment being placed against the property. The city
council shall consider any objections to the lien or special assessment at the hearing.
If the city council determines that the cost of abatement shall be collected as a
recorded nuisance abatement lien or a special assessment against the property, a
resolution shall be adopted by the city council stating the amount of the assessment.
The city clerk shall prepare and file a certified copy of the resolution with the county
recorder -auditor -controller.
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C. Assessment and Collection. Government Code Sections 38773.1 and 38773.5
are incorporated by reference as it currently exists and may be subsequently
amended. Section 38773.5 provides that the assessment shall be collected at
the same time and in the same manner as ordinary municipal taxes are
collected. If payment is delinquent the assessment shall be subject to the
same penalties and procedure and sale as provided for ordinary municipal
taxes.
Chapter 11.73 GRAFFITI
11.73.010 Definitions.
As used in this chapter, "graffiti" means any unauthorized inscription, word, figure,
mark or design that is written, marked, etched, scratched, drawn or painted on any
real or personal property, including but not limited to the structural component of any
building, structure, hillside, rock, storm channel, or any other surface open to public
view, regardless of the nature of the material of the structural component.
11.73.020 Inspections.
A. Authorized Representative. The city manager or his/her representative(s) are
authorized to make inspections and take such actions as may be required by this
chapter to provide for the abatement of graffiti.
B. Right of Entry. Whenever there is reasonable cause to believe that graffiti exists on
public or private property, the city manager or his/her representative(s) may enter the
premises at a reasonable time for the purpose of inspection. If such premises are
occupied, entry shall be requested and proper credentials shall be presented. If such
premises are unoccupied, a reasonable effort shall be made to locate the property
owner. If entry is refused or if the property owner cannot be located after a
reasonable time, a twenty -four-hour written notice of intent to inspect shall be left at
the premises. The notice shall state that the property owner has the right to refuse
entry, and if such entry is refused, the city may seek assistance from a court of
competent jurisdiction to obtain entry to inspect the premises.
11.73.030 Abatement of graffiti.
A. Notice to Abate Graffiti. Upon determination that graffiti exists, a notice shall be
issued to the property owner. The notice shall be entitled, "Notice to Abate Graffiti,"
and shall cite this chapter as authority for such abatement. The notice shall contain a
general description of the graffiti and a general description of the property on which
the graffiti is located, sufficient to identify the location of the property. The notice
shall inform the owner of the property that the graffiti must be abated within three
days from the date of service of the notice.
B. Service. The notice to abate graffiti shall be served in accordance with Section
1.01.300.
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C. Appeal Procedure. Within three days from the date of the notice to abate graffiti,
the property owner may appeal the determination that graffiti exists on the property
to the city manager, pursuant to Chapter 2.08 of this code.
D. Failure to Abate. If graffiti is not voluntarily abated after notification, the following
shall apply:
1. Prosecution. Failure to abate graffiti shall constitute an infraction pursuant to
Section 1.01.200 of this code, which provides for prosecution as misdemeanor
upon committing three infractions.
2. City to Abate. The city may cause the graffiti to be abated. The manner of
abatement and costs incurred by the city to abate the graffiti shall be reported
to the city council by the city manager or his/her designee immediately
following abatement.
3. Judicial Action. The city may commence a civil action in a court of competent
jurisdiction to cause abatement of the graffiti. Reasonable attorney's fees and
costs may be collected by the city in any action to abate graffiti.
E. Costs of Abatement. The costs of abatement of graffiti shall consist of the
"expense of abatement" allowable by California Government Code Section 38772
which may be assessed by the city in the same manner as set forth in Section
11.72.060 of this code. Government Code Sections 38773.2 and 38773.6 are
incorporated by reference as it currently exists and may be subsequently amended.
11.73.040 [delete in its entirety]
11.73.050 other applicable laws.
This chapter is intended to be construed with, and not superseding, Chapter 11.72 of
this code. To the extent nuisance abatement involves only graffiti, this chapter may be
applied. To the extent nuisance abatement involves graffiti with any additional public
nuisance, nothing in this chapter is to be construed to preempt the authority of the
city to abate the public nuisances pursuant to only Chapter 11.72, or to both Chapter
11.72 and this chapter.
11.73.060 Regulation of the sale of aerosol. spray paint.
Any retail business that sells aerosol spray paint shall be required to contain such
paint in securely locked areas.
Chapter 11.76 UNCLAIMED PROPERTY
11.76.010 Definitions.
In this chapter:
A. "Police" means the Riverside County Sheriffs Department, County of Riverside,
State of California pursuant to the law enforcement services agreement currently in
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force and as amended, renewed, or restated from time to time ("law enforcement
services agreement").
B. "Chief of police" means the chief of police then assigned to the city of La Quinta by
the Riverside County Sheriff's Department pursuant to the law enforcement services
agreement or agent of the chief of police, duly authorized by him or her.
C. "Unclaimed property" means money, chattels or property of all kinds and
descriptions, excepting animals, which property is lost, stolen, abandoned or
otherwise unclaimed.
11.76.020 Custody.
The chief of police shall be the custodian of all unclaimed property which may now be
in his or her possession or his or her control, or which may hereafter come into the
possession or control of the chief of police or any police officer of the city.
11.76.025 Compliance with Riverside County Sheriff's Department regulations and
procedures.
A. The policies, procedures and regulations for the handling, tracking, storage, return,
sale or other disposition of unclaimed property, and the policies, procedures and
regulations for accounting, sale proceeds and proceed deposits shall be subject to
and governed by any and all ordinances, resolutions, regulations, policies,
procedures and other official actions taken by the Riverside County Sheriff's
Department, County of Riverside, California during the term of the law
enforcement services agreement.
B. In the event the city takes official action to no longer be a party to the law
enforcement services agreement, then all unclaimed property subject to this
chapter shall remain subject to and governed by the policies, procedures and
regulations for the handling, tracking, storage, return, sale or other disposition of
unclaimed property, and the policies, procedures and regulations for accounting,
sale proceeds and proceed deposits shall be subject to and governed by any and
all ordinances, resolutions, regulations, policies, procedures and other official
actions then in place by the Riverside County Sheriffs Department, County of
Riverside, California, except that the city shall be the governing agency with
jurisdiction over unclaimed property. The city manager shall have the authority to
enact any and all regulations that would allow for the city to administer unclaimed
property until such time as the city enacts an ordinance(s) amending this chapter
or other provisions of the code in furtherance of regulating unclaimed property.
11.76,030 [delete in its entirety]
11.76.040 [delete in its entirety]
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11.76.050 [delete in its entirety]
11.76.060 [delete in its entirety]
11.76.070 [delete in its entirety]
11.76.080 [delete in its entirety]
11.76.090 [delete in its entirety]
11.76.100 [delete in its entiretXl
11.76.110 [delete in its entiretXl
CHAPTER 11.80 VEHICLE CONTROL
11.80.010 Definitions.
As used in this chapter the following terms shall have the meanings indicated:
A. "Abandoned vehicle" means a vehicle that is wrecked, dismantled or otherwise
inoperative which is parked, stored, or left standing in public view upon a private or
public property. A presumption of abandonment shall arise when a vehicle is located
in public view within a residential zone in an area not specifically designed for
vehicular parking. Areas not specifically designed for vehicular parking in residential
zones shall include, but are not limited to front and side yards and unpaved areas.
B. "Camping trailer" means a vehicular portable unit mounted on wheels and
constructed with collapsible partial sidewalks which fold for towing by another vehicle
and unfold at the campsite and designed for human habitation for recreational or
emergency occupancy.
C. "Highway" means a way or place of whatever nature, publicly maintained and open
to the use of the public for purposes of vehicular travel. Highway includes street.
D. "Motor home" means a vehicular unit built on, or permanently attached to a self-
propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of
the completed vehicle, designed for human habitation for recreational or emergency
occupancy.
E. "Motor vehicle" means a vehicle which is self-propelled.
F. "Motorcycle" means any motor vehicle other than a tractor having a seat or saddle
for use of the rider and designed to travel on not more than three wheels in contact
with the ground and weighing less than one thousand five hundred pounds, except
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that four wheels may be in contact with the ground when two of the wheels are a
functional part of a sidecar.
G. "Motor -driven cycle" means any motorcycle, including a motor scooter, with a
motor which produces less than fifteen gross brake horsepower, and every bicycle
with a motor attached, but does not include a motorized bicycle.
H. "Motorized bicycle" or "moped" means any two -wheeled or three -wheeled device
having fully operative pedals for propulsion by human power, or have no pedals if
powered solely by electrical energy, and an automatic transmission and a motor
which produces less than two gross brake horsepower and is capable of propelling the
device at a maximum speed of not more than thirty miles per hour on level ground.
I. "Off -highway motor vehicle" means a motor vehicle operated off the highways
including but not limited to:
1. Any motorcycle or motor -driven cycle;
2. Any snowmobile or other device designed to travel over snow or ice;
3. Any motor vehicle commonly referred to as a sandbuggy, dune buggy, or all -
terrain vehicle; and
4. Any motor vehicle commonly referred to as a jeep.
J. "Owner of the land" means the owner of the land on which the vehicle or parts
thereof is located, as shown on the last equalized assessment roll.
K. "Owner of the vehicle" means the last registered owner or legal owner of the
vehicle.
L. "Park trailer" means a trailer coach, designed for human habitation for recreational
or seasonal use only which meets all of the following criteria:
1. It contains four hundred square feet or less of gross floor area measured at the
maximum horizontal projections. However, it may not exceed twelve feet in width
or forty feet in length in the traveling mode;
2. It is built on a single chassis;
3. It may only be transported upon the public highways with a permit; and
4. It is constructed in accordance with the Standard No. A119.5 of the American
National Standards Institute, as it may be amended.
M. "Public view" means visibility from the street or from other public or private
property.
N. "Recreational vehicle" means a motor home, slide -in camper, travel trailer, truck
camper, park trailer, or camping trailer, with or without motive power, designed for
human habitation for recreational or emergency occupancy.
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0. "Registered owner" means a person registered by the Department of Motor
Vehicles as the owner of the vehicle.
P. "Slide -in camper" means a portable unit, consisting of a roof, floor and sides,
designed to be loaded onto and unloaded from a truck, and designed for human
habitation for recreational or emergency occupancy. A "slide -in camper" means a
truck camper.
Q. "Travel coach" means a vehicle, other than a motor vehicle, designed for human
habitation or human occupancy for industrial, professional, or commercial purposes,
for carrying property on its own structure, and for being drawn by a motor vehicle.
R. "Travel trailer" means a portable unit, mounted on wheels, of such a size and
weight so as not to require special highway movement permits when drawn by a
motor vehicle and for human habitation for recreational or emergency occupancy.
S. "Vehicle" means a device by which any person or property may be propelled,
moved or drawn upon any highway, including a recreational vehicle, excepting a
device moved exclusively by human power or used exclusively upon stationary rails or
tracks.
11.80.020 Prohibition.
It is unlawful and a public nuisance for a person to park, store or leave standing an
abandoned vehicle or parts thereof upon any public or private property within the city.
11.80.030 Exceptions.
A. Section 11.80.020 shall not apply to:
1. A vehicle or part thereof which is completely enclosed within a building in a
lawful manner where it is not in the public view;
2. A vehicle or part thereof which is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler, licensed vehicle
dealer or a junkyard.
B. Nothing in this section authorizes the maintenance of a public or private nuisance
under this code or any other applicable law.
11.80.040Ins ections.
The To the maximum extent permitted by law, the city manager or his/her authorized
representative is authorized to enter upon private property to examine a vehicle or
part thereof, obtain information as to the identity of the vehicle or part thereof, and to
take such actions necessary for the abatement and removal of a vehicle or part
thereof declared to be a public nuisance pursuant to this chapter.
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11.80.050 Abatement and removal.
A. Notice of Intention to Abate. Upon determination that a vehicle or parts thereof
constitutes a public nuisance, a notice of intention to abate and remove the vehicle or
parts thereof as a public nuisance shall be served pursuant to Section 1.01.300 of this
code to the owner of the land and the owner of the vehicle unless the vehicle cannot
be identified to determine ownership.
B. Exceptions. A notice of intention to abate shall not be required:
1. When the owner of the land and owner of the vehicle have signed releases
authorizing removal and waiving further interest in the vehicle or part thereof;
2. Prior to final disposition of such low -valued vehicle or part as provided in Section
11.80.050(F), for which evidence of registration was recovered, notice shall be
provided to the registered and legal owners of intent to dispose of the vehicle
or part. If the vehicle or part is not claimed and removed within twelve days
after the notice is mailed from a location specified in Section 11.80.050(F) final
disposition may proceed. This exception shall only apply to inoperable vehicles
located upon a parcel zoned for agricultural use or not improved with a
residential structure containing one or more dwelling units;
3. Motor vehicles which are parked, resting, immobilized, or otherwise abandoned
on any highway or public right-of-way and which lack an engine, transmission,
wheels, tires, doors, windshield, or any other part or equipment necessary to
operate safely on the highways of this state may be removed immediately
upon discovery by the city manager or his authorized representative.
C. Appeal of the Notice of Intention to Abate. The owner of the vehicle or the owner of
the land may appeal the Notice of Intention to Abate to the city manager or his/her
authorized representative(s) pursuant to Chapter 2.08 of this code. The appeal request
shall be made to the city clerk within ten days of service of the notice of intention to
abate, or at the time of signing a release. If the owner of the land submits a sworn
written statement within the ten day period denying responsibility for the presence of
the vehicle on his land such statement shall be deemed an appeal request which does
not require his/her presence.
D. City manager hearing.
1. The city manager or his/her authorized representative shall hear all testimony
relevant to determine:
a. Whether the vehicle or parts thereof are abandoned, wrecked, dismantled
or otherwise inoperative and should be abated and removed as a public nuisance; and
b. Whether the costs of abatement shall be charged against the owner of the
land pursuant to Section 11.72.060.
2. An order requiring abatement and removal shall be issued and sent pursuant to
Section 1.01.300 to the owner of the land and the owner of the vehicle if it is
determined that a public nuisance exists. The order shall identify the vehicle or parts
thereof including the license number if available.
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E. Appeal to the city council. The owner of the land and the owner of the vehicle
aggrieved by a decision of the city manager, may file a written appeal to the city
council pursuant to Sections 2.04.100 through 2.04.130 of this code.
F. Disposition of Vehicles or Parts.
1. If a request for a city manager hearing, or appeal to the city council, is not
received timely after mailing the notice of intention to abate or decision of the city
manager, as applicable, the abandoned vehicle may be impounded to a storage yard
or may be disposed of by removal to a scrapyard or automobile dismantler's yard or
other suitable site operated by a local authority for processing scrap.
2. If an order requiring abatement is issued, the abandoned vehicle may be
impounded or disposed of as provided in this section.
3. If an appeal is filed, the abandoned vehicle may be impounded or disposed of
as provided in this section following the decision of the city council authorizing
removal.
G. Disposition by Contractor. When the city has contracted for removal services the
contractor shall be authorized, to the maximum extent permitted by law, to enter
private property to remove or cause the removal of the abandoned vehicle declared a
public nuisance.
H. Reconstruction Following Removal. After an abandoned vehicle has been disposed
of by removal, it shall not be reconstructed or made operable unless it is a vehicle
which qualifies for a horseless carriage license plates or historical vehicle license
plates pursuant to Vehicle Code Section 5004 as it may be amended.
I. Notice to Department of Motor Vehicles. Within five days after the date of removal
from the owner's property, a notice shall be given to the Department of Motor Vehicles
identifying the abandoned vehicle and any evidence of registration available,
including but not limited to the registration card, certificates of ownership or license
plates.
J. Liability. Neither the city nor its officers, employees or agents nor a contractor hired
by the city shall be liable for damage to an abandoned vehicle or parts thereof by any
removal pursuant to this chapter.
11.80.060 Costs of abatement.
A. Responsibility for Costs. If the city disposes of an abandoned, wrecked, dismantled
or inoperative vehicle or part thereof by removal pursuant to Section 11.80.050(F), the
costs of abatement may be assessed as a lien against the land where the vehicle is
located, together with an additional twenty-five percent of the costs of abatement for
inspection, and any administrative costs incurred by the city to abate the public
nuisance. However, if it is determined at a city manager hearing that the abandoned
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vehicle was placed on the land without the consent of the owner of the land and that
s/he has not subsequently acquiesced in its presence, the cost of abatement shall not
be assessed against the land nor shall the city otherwise attempt to collect such costs
from the owner of the land.
B. Assessment and Collection. Pursuant to Section 38773.5 of the California
Government Code, as it currently exists and may be amended, the special assessment
collectable by the city shall be collected at the same time and in the same manner as
ordinary municipal taxes are collected. If payment is delinquent, the assessment shall
be subject to the same penalties and procedure and sale as provided for ordinary
municipal taxes.
11.80.070 Recreational vehicles.
A. Parking. No person shall park a recreational vehicle in one location without moving
such vehicle for more than six consecutive months. Recreational vehicles shall be
parked or stored out of the public right-of-way on a driveway, side or rear yard.
B. Hookup. Recreational vehicles shall not be connected to an electrical or water
source for more than four hours per week.
11.80.080 Vehicular nuisances.
The following shall constitute a public nuisance requiring abatement pursuant to
Chapter 11.72:
A. Any vehicle which becomes unsightly and detracts from the appearance of the
neighborhood due to such factors such as rust, corrosion, or faded, chipped or peeled
paint;
B. Any vehicle which is painted or designed in such a manner as to distract drivers
from the safe operation of their vehicles;
C. Sanding or painting a vehicle in a residential zone;
D. Failure to obscure vehicles, equipment, and machinery from public view in a
residential zone. If the parcel does not allow for storage from public view, a paved
area next to the driveway and closest to the property line shall be used for storage;
E. Parking a vehicle in a space not designated for parking by the applicable zoning
ordinance, unless the vehicle is parked for emergency service which shall not exceed
four hours.
F. Permitting any vehicle hauling or carrying or used for hauling or carrying any dead
animal(s), offal, market refuse, garbage, swill, night soil, butchers' scraps, manure or
other nauseous or offensive substances, to stand or remain in or upon any public
street or other public place, longer than is necessary for loading an hauling such
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substance(s) to its destination or to permit any such vehicle to be in a filthy or
offensive condition;
G. Using any vehicle, tub or other receptacle for hauling any offal, hog manure, or the
contents of a privy vault, cesspool or sink, or any nauseous or offensive substances,
unless the vehicle, tub, or other receptacle is sufficiently strong and tight to prevent
any of the contents from leaking or spilling therefrom and unless it is so tightly
covered as to not attract flies, and as to prevent any nauseous odors from escaping
therefrom.
11.80.090 Registration.
A. No person shall drive, move, or leave standing upon a highway or in an off-street
public parking facility any motor vehicle without registering the motor vehicle with the
department of motor vehicles or paying registration fees, as provided in Section 4000
of the California Vehicle Code, as it may be amended. For purposes of this section,
"off-street public parking facility" means:
1. Any publicly -owned parking facility; and
2. Any privately -owned parking facility where no fee is charged for the privilege to
park and which is held open for the common use of retail customers.
B. Vehicles located on private property which are in public view that are not registered
with the Department of Motor Vehicles will be deemed as being stored.
Chapter 11.84 FALSE STATEMENTS AND REPORTS
11.84.010 False statements Drohibited.
A. No person shall willfully make to or file with any city officer or department any
report, statement, application or information which is false or untrue in any particular
and which has a tendency to mislead any employee, officer, board, department or
other body of the city in the performance of official duty.
B. Whenever it is determined that a person has
misleading statement or information concerning a
any application for a permit, license, approval, en
city officer, employee, board, department or otl
ground for denial of such application. In the ca
generally be no refund of any application fee. No
filing of another application for the same or
entitlement or action.
willfully made or filed any false or
material issue or matter, in or with
titlement, or any other action by a
ier body, then this will constitute
se of any such denial, there shall
such denial shall prevent the new
similar permit, license, approval,
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11.84.020 False Reports of Public Nuisances Prohibited.
A. The filing of a false complaint or report of a public nuisance under this code is
prohibited, and repeated violators will be liable for the city's response costs
therefor.
B. A false complaint or report of a public nuisance under this chapter will be
determined based on the false reporter's intent to annoy or harass and/or the
reporter's repeated verifiable false reports. An intent to annoy or harass is
established by proof of repeated calls over a period of time, however short, that
are unreasonable under the circumstances.
C. After the false reporter is given one warning, the cost of a subsequent
response(s) shall be assessed against the false reporter for the city's response in
any subsequent false report within a sixty-day period. The city shall bill the false
reporter for the subsequent response costs by mail by sending a written citation.
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 the false reporter shall be charged
interest at the maximum legal rate from the date the payment period expires and
a further penalty in the amount of one hundred dollars ($100.00).
D. The costs assessed as a result of a subsequent city response to a false
complaint or report shall constitute a debt of the false reporter 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 administrative, civil and
criminal remedies available to the city with respect to the false report which gave
rise to the need for the city response under this chapter.
Chapter 11.88 REGULATION OF SPECIAL SALE EVENTS
11.88.010 Special sale event —Definition.
"Special sale events" shall include garage sales, yard sales, patio sales and other
similar event sales in residential districts for the purpose of offering for sale household
or personal goods of the occupant of the premises where such sale is permitted and is
not intended for commercial sale of goods purchased or acquired elsewhere for such
special sales events. All remaining items at the end of the garage sale shall be
removed from public view. A tarp used to cover from public view all remaining items
is not an acceptable remedy.
11.88.020 Permit required
No person shall conduct a special sales event within a residential district without
having procured a permit from the city to do so.
Ordinance No. 568
Re: Title 11 Revisions
Adopted: March 6, 2018
Page 55 of 59
11.88.030 Advertising by signs.
Persons granted a permit to conduct a special sale event shall comply with the
provisions of this code and zoning ordinance, regulating and controlling the use of
signs, and failure to comply shall result in the permit being revoked and cause to deny
future requests for a permit. Signs shall not be placed in prohibited locations noted in
Section 9.160.100 of this code.
11.88.040 Terms of permit.
No sale may be held for any period longer than seventy-two consecutive hours. Sales
may not be conducted earlier than seven a.m. nor later than seven p.m. No more than
four special sales events may be held at any residence in any calendar year. Any
person seeking a permit for a special sales event may be required to certify that
issuance of such a permit pursuant to this chapter is not inconsistent with any
recorded or unrecorded restrictive covenant, document, or other policy of a
homeowner association or other person or entity which has governing authority over
the property on which the special sales event will occur.
Chapter 11.96 SKATEBOARDS BICYCLES AND OTHER WHEELED RECREATIONAL
DEVISES
11.96.001 Application of chapter.
A. The provisions of this chapter shall apply to and be in full force and effect at all
areas which are now or which may hereafter be under the jurisdiction of the city. The
provisions of this chapter shall govern the use of all public property and the
observance of such provisions shall be a condition under which the public may use
such property. Certain provisions of this chapter shall further be applicable to private
property where the context indicates an intention that they be 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.
11.96.005 General prohibition in commercial districts.
No person shall operate, propel, or ride on skateboards, bicycles, roller skates, roller
blades, scooters or other wheeled recreational device(s), motorized and non -
motorized, upon any private open space area which is open to the public such as
sidewalk, mall, plaza walkways in any commercial and/or office professional facility
within the city. It shall be the responsibility of the property owner to post in a
conspicuous place or places signage stating that the above -mentioned devices are
prohibited and citing this code section. The signs shall be in letters not less than one
inch high and shall be placed along the walkways at intervals not to exceed two
hundred feet.
Ordinance No. 568
Re: Title 11 Revisions
Adopted: March 6, 2018
Page 56 of 59
11.96.010 prohibitions in certain designated areas on public property.
A. No person shall operate, propel, or ride on skateboards, bicycles, roller skates, roller
blades, scooters or other wheeled recreational device(s), motorized and non -
motorized on city property designated as a pedestrian mall, plaza or public gathering
area, other than such areas specifically designated by the city for such activities. The
city property where such activities are prohibited shall include, but are not limited to,
the Civic Center Campus and all city buildings.
B. No person shall operate, propel, or ride on skateboards, bicycles, roller skates,
roller blades, scooters or other wheeled recreational device(s), motorized and non -
motorized, on any public property within the city where notice of such prohibition has
been posted.
11.96.020 Use of skateboarding park areas.
A. All persons using a skateboarding park area within the city shall obey all rules and
regulations posted in any such area. In addition, all persons within a skateboarding
park area in the city shall comply with the following requirements.
1. No activities within a skateboarding park area at times other than those
established as the hours of operation posted at the facility and on the city's
website. Use of recreational wheeled devices within a skateboarding park area
shall be at the risk of the person using the device.
2. No person under the age of twelve shall use the skateboarding park area unless
supervised by a parent or guardian at least eighteen years of age. The
supervising person must assume full responsibility for the person under the age
of twelve using the skateboarding park area.
3. No activity is permitted when the skateboarding park area is wet or when
hazardous conditions, such as irregularities in the skating surface or
skateboarding park area exist.
4. No person shall cause or initiate any act of violence or harass another person
inside or around the skateboarding park area.
5. Any person using a skateboard or other wheeled recreational device shall
comply with all use requirements imposed on an operator of a skateboarding
park area pursuant to Section 11.96.030.
6. No person shall use the skateboarding park area unless they wear proper safety
equipment including, at a minimum, a helmet, elbow pads, and knee pads,
properly sized and designated for the intended use.
7. No person shall consume food or drink in the skateboarding park area.
8. No person shall use alcohol or drugs or smoke in the skateboarding park area
or surrounding areas.
9. All persons using the skateboarding park area must place trash in cans
provided by the city.
10. No person shall cause graffiti or tagging in or around the skateboarding park
area.
Ordinance No. 568
Re: Title 11 Revisions
Adopted: March 6, 2018
Page 57 of 59
11. No person shall skateboard or skate on curbs, planters, benches, steps, railings,
fences, playground equipment, driveways or areas intended for uses other than
skating within the area surrounding the skateboarding park area.
12. No unauthorized pieces of equipment (including motorized and non -motorized),
obstacles or apparatus may be brought into the skateboarding park area.
13.No spectators are allowed within the area designated for skateboarding except
those authorized by city permit.
14. Reckless or destructive skating that impacts the health or safety of other
persons or their property, based on substantial evidence, is prohibited.
15. Glass containers are prohibited in the skateboarding park area.
16. All organized events shall have prior written approval from the city manager.
17. Animals are not allowed in the skateboarding park area.
B. In addition to any other penalties that may be imposed by the city under the code,
a violation of any section in this chapter is deemed to be an infraction and is
punishable as such according to the provisions of this code and state law.
11.96.030 Additional regulations for skateboarding park areas.
A. An operator of a skateboard park area shall not permit a person to ride a
skateboard or other wheeled recreational device, motorized and non -motorized,
unless that person is wearing a helmet, elbow pads, and knee pads.
B. Any skateboard park area owned or operated by the city may comply with the
requirements of Subparagraph (A) of this section by posting signs at the facility
affording reasonable notice that any person riding a skateboard or other wheeled
recreational device must wear a helmet, elbow pads, and knee pads, and that failing
to do so will be subject to a citation under this chapter. Any citation issued shall be
processed pursuant to Chapter 1.09 of this code.
C. Riding a skateboard or other wheeled recreational device, motorized or non -
motorized, at a skateboard park area owned or operated by the city as a public
skateboard park area is and shall be deemed a hazardous recreational activity within
the meaning of Section 831.7 of the California Government Code if all of the following
conditions are met:
1. The person riding the skateboard is 12 years of age or older.
2. The riding of the skateboard that caused the injury was stunt, trick, or luge riding.
3. The skateboard park area is on public property that complies with Subparagraph
(A) or (B) of this section.
D. The city shall maintain or cause to be maintained a record of all known or reported
injuries incurred by a person riding a skateboard or other wheeled recreational device
in a skateboard park area owned by the city. The city shall also maintain or cause to
be maintained a record of all claims, paid and not paid, including any lawsuits and
their results, arising from those incidents that were filed against the city. Copies of the
Ordinance No. 568
Re: Title 11 Revisions
Adopted: March 6, 2018
Page 58 of 59
records of claims and lawsuits shall be filed annually, no later than January 30 each
year, with the Assembly Committee on Judiciary and the Senate Committee on
Judiciary for the State of California.
Ordinance No. 568
Re: Title 11 Revisions
Adopted: March 6, 2018
Page 59 of 59
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, 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. 568 which was
introduced at a regular meeting on the 20th day of February, 2018 and was adopted at
a regular meeting held an the 6th day of March, 2018, not being less than 5 days after
the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2015-023.
SUSAN MAYSELS, City Cler
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on March 7, 2018, pursuant to Council Resolution.
SUSAN MAYSELS, City Clerk
City of La Quinta, California