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ORD 151ORDINANCE NO. 151 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 11.08.005 AND 11.08.040 AND ADDING SECTION 11.08.090 OF CHAPTER 11.08, DISORDERLY CONDUCT, TO THE LA QUINTA MUNICIPAL CODE. WHEREAS, the regulation of public drinking and liquor possession in the park and recreation areas within the City of La Quinta will promote the health, safety and welfare of the community; and WHEREAS, it is deemed necessary and desirable to provide standards to determine when the production of noise constitutes disorderly conduct. NOW, THEREFORE, the City Council of the City of La Quinta, California, does hereby ordain as follows: Section 1. That Section 11.08.005 of Chapter 11.08 be amended to read as follows: 11.08.005 Public Drinking and Liquor Possession. A. A person shall not consume or possess any alcoholic beverage, as defined in Section 23004 of the California Business and Professions Code, upon any public street, sidewalk, highway, road, lane, alley or upon any other publicly owned property which is open to the public, including all park and recreational areas which are located within the City limits. Possession shall include any alcoholic beverage contained in any bottle, can, or other receptacle which (i) has been opened, (ii) has a seal broken, or (iii) the contents of which have been partially removed. B. A person shall not commit any act prohibited in Subsection A of this Section when such person is upon privately owned property which is open to the use or patronage of the general public at the time, unless the person committing the act has the express or implied permission or invitation to do so from the owner or lessee or person in charge of the private property or business premises involved. C. Subsection A of this Section shall not apply to consumption or possession of alcoholic beverages within the City limits if a permit, entitlement or permission has been issued by the City Manager or City Council in connection with a special event located on the premises where the consumption or possession would otherwise be prohibited. Subsection A shall not apply with respect to public property owned and controlled by a public entity other than the City if the other public entity has given its express permission or invitation allowing use of the premises for purposes otherwise prohibited in Subsection A of this Section. Section 2. That Section 11.08.040 of Chapter 11.08 be amended to read as follows: 11_nR_n4n Nn1RP_ No person shall willfully make any unreasonably loud noise to the extent that it disturbs the peace and quiet of any neighborhood or imposes upon the privacy and rights of others. The standards which may be considered in determining whether a violation of this Section exists, may include, but is not limited to, the following: a) The level of noise; (b) The nature of the area within which the noise emanates; (c) The density of the inhabitation of the area within which the noise emanates; d) The time of day or night: e) The duration of the noise; f) Whether the noise is recurrent, intermittent or constant; or g) Whether the noise is produced by a commercial or noncommercial activity. Section 3. That a Section 11.08.090 be added to Chapter 11.08 and be titled as follows: 11 nR nQn V;nlah;nn Any violation of Chapter 11.08 shall constitute an infraction pursuant to Section 1.01.200 of this Code. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted in three public places in the City of La Quinta, and the same shall be in full force and effect immediately after its adoption. -2- PASSED, APPROVED, AND ADOPTED by the City Council of the City of La Quinta, California, on this 1-7 day of October, 1989. by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PE Mayot City of La inta,llCalifornia ATTEST: SAUNDRA JUHOLA, ty Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, �CitvyAttorney City of La Quinta, California 6012n STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 151 which was introduced on the 3rd day of October, 1989 and was adopted at a regular meeting held on the 17th day of October, 1989, not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in th ee (3) places with the City of La Quinta as specified in a re olutio of t ty ouncil. tc-eflf It, AUNDRA L. JUHOLA, City Cler -3- Chapter 11.08 DISORDERLY CONDUCT Sections: 11.08.005 Public drinking and liquor possession. 11.08.040 Noise. 11.08.080 Trespass. 11.08.090 Violation. 11.08.005 Public drinking and liquor possession. A. A person shall not consume or possess any alchoholic beverage, as defined in Section 23004 of the California Business and Professions Code, upon any public street, sidewalk, highway, road, lane, alley or upon any other publicly owned property which is open to the public, including all park and recreational areas which are located within the City limits. Possession shall include any alcoholic beverage contained in any bottle, can, or other receptacle which (i) has been opened, (ii) has a seal broken, or (iii) the contents of which have been partially removed. B. A person shall not commit any act prohibited in Subsection A of this Section when such person is upon privately owned property which is open to the use or patronage of the general public at the time, unless the person committing the act has the express or implied permission or invitation to do so from the owner or lessee or person in charge of the private property or business premises involved. C. Subsection A of this Section shall not apply to consumption or possession of alcoholic beverages within the City limits if a permit, entitlement or permission has been issued by the City Manager or City Council in connection with a special event located on the premises where the consumption or possession would otherwise be prohibited. Subsection A shall not apply with respect to public property owned and controlled by a public entity other than the City if the other public entity has given its express permission or invitation allowing use of the premises for purposes otherwise prohibited in Subsection A of this Section. 11.08.040 Noise. No person shall willfully make any unreasonably loud noise to the extent that it disturbs the peace and quiet of any neighborhood or imposes upon the privacy and rights of others. The standards which may be considered in determining whether a violation of this Section exists, may include, but is not limited to, the following: a) The level of noise; b) The nature of the area within which the noise emanates; c) The density of the inhabitation of the area within which the noise emanates; d) The time of day or night; e) The duration of the noise; f) Whether the noise is recurrent, intermittent or constant; or g) Whether the noise is produced by a commercial or noncommercial activity. 11.08.080 Trespass. No person shall commit a trespass on residential property or on public property. "Trespass" for the purpose of this section means: A. Entering upon, or refusing to leave, any residential property of another, either where the property has been posted with NO TRESPASSING signs, or where immediately prior to the entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or continued presence, is prohibited. B. Entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property, where the regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, the regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer. (Ord. 10 Section 1 (part), 1982) 5877n - 2 - 11.08.090 violation. Any violation of Chapter 11.08 shall constitute an infraction pursuant to Section 1.01.200 of this Code. 5877n - 3 -