ORD 541ORDINANCE NO. 541
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SECTION 11.44.020 OF
THE LA QUINTA MUNICIPAL CODE RELATING TO EJECTING
AND EXPELLING REPEAT VIOLATORS FROM PARKS AND
RECREATION AREAS
WHEREAS, the City of La Quinta currently operates and maintains park lands
and recreation areas for the peaceful and safe enjoyment of its residents and visitors;
and,
WHEREAS, unlawful behavior in the City of La Quinta's park lands and
recreation areas diminishes these areas by depriving citizens of the full use and
enjoyment of the natural beauty, recreational opportunities, and peaceful purpose
that such lands are intended to preserve; and,
WHEREAS, criminal, prohibited and disorderly behavior has required the City of
La Quinta to increase law enforcement and code enforcement activity in. its park lands
and recreational areas to ensure public safety and park maintenance; and,
WHEREAS, enabling City officials and law enforcement to eject and expel
individuals who repeatedly violate the law in such park lands or recreation areas is
necessary to ensure the public safety and general welfare for use of these lands; and,
WHEREAS, pursuant to the City of La Quinta's police powers, City officials and
law enforcement may have the ability to expel repeat offenders from park lands and
recreational areas for extended periods of time to maintain the peace, tranquility, and
safety of the City's park lands and recreational areas, but at the same time, the City
recognizes the importance of providing adequate administrative protections for
persons who wish to challenge the imposition of the expulsion from park lands and
recreational areas.
NOW THEREFORE, the City Council of the City of La Quinta does hereby ordain
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. This Ordinance shall be known and may be cited as the "La Quinta
Public Park and Recreational Areas Safety Ordinance."
SECTION 3. Section 11.44.020 shall be amended in the La Quinta Municipal Code
as written in Exhibit A attached hereto, which is incorporated herein by reference.
Ordinance No. 541
Amending Section 11.44.020 of Title 11- Peace, Morals, and Safety
Adopted: May 17, 2016
Page 3 of 7
ATTEST:
SUSAN MAYSELS, Cittlerk
City of La Quinta, California
(CITY SEAL)
APPROVED -AS TO FORM:
LINDA EVANS, Mayor
City of La Quinta, California
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 541
Amending Section 11.44.020 of Title 11- Peace, Morals, and Safety
Adopted: May 17, 2016
Page 5 of 7
EXHIBIT A
CHAPTER 11.44 Parks and recreation areas.
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 B of this section shall
refuse to leave as ordered, nor shall any person who has been so ejected or
expelled return, during the calendar day in which he or she was ejected, to the
same park, recreation area or building, unless specifically permitted to do so by
the person who ejected him 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
Ordinance No. 541
Amending Section 11.44.020 of Title 11- Peace, Morals, and Safety
Adopted: May 17, 2016
Page 7 of 7
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. 541 which was
introduced at a regular meeting on the 3rd day of May, 2016, and was adopted at a
regular meeting held on the 17th day of May, 2016, 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 City Council Resolution No. 2014-013.
SUSAN MAYSELS, City (4'erk
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 May 20, 2016 pursuant to Council Resolution.
SUSAN MAYSELS, City Werk
City of La Quinta, California