HomeMy WebLinkAbout2006-07-26 STAFF REPORTS 2Q MAGDALENA MOLINA
2650 VINCENTiA RU
PALM SPRINGS,CA 92262
760-320-7429 Home.
760-567-5602 Cell
nanamo I i na2006Lyah oo..com
July 26, 2006
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
To The Honorable Mayor, Ron Oden
Dear Mayor Oden,
My appearance at this council meeting is in regards to the "expected adoption of
an ordinance today that will, crack down on illegal camping, panhandling and
loitering in Palm Springs-"
1) Will this ordinance have a negative effect on the homeless people presently
on the streets?
2) If there is a negative effect, will the City provide a shelter beforehand for the
homeless people before the ordinance can be enforced?
3) What is the determined punishment for illegal camping, panhandling and
loitering?
4) Will these three reasons be considered separate punishments so that a
person can be punished for three separate offenses?
5) If these offenses are punishable, will these be considered misdemeanors?
6) What will happen if one person is arrested on three separate occasions, will
one or the three offenses become a felony?
These are but a few questions that come to mind. I am sure many persons
have other questions.
C y� t���1eDiG
' Incidentally and for your Information, the decision in "Jones v. City of Los
i Angeles ordinance criminalizing the lack of shelter space in the city', might
delineate future problems for the City of palm Springs if this ordinance is passed.
" 'The Eight Amendment prohibits the City from punishing involuntary sitting,
lying, or sleeping on public sidewalks that is an unavoidable consequence of
being human and homeless without shelter in the City of Los Angeles,' wrote
Judge Kim M. Wardlaw for the majority opinion-"
I urge all the City council members, community members, neighbors and friends
to consider a humane solution to our problem with homelessness. Should not
having a home be considered a crime? That is not the solution!
A copy of the article is attached to this letter.
Sincerely,
( raqdlwlien�a
r6, � �J2l `Molina
cc: Council Members
ICTORY FOR HOMELESS RIGHTS
LU of Southern California secured
_ V! The ACLU/SC, acting in conjunction with
is victory for homeless rights in { , _ _- _ - - ' 1 the National Lawyers Guild, originaIIy
hen the Ninth Circuit Court of 3 Filed the suit in February, 2003 on behalf
ruled that arresting homeless of six homeless persons. It was argued in
Asing public spaces when no
_ December, 2005,
space is available was cruel and
punishment. Mark Rosenbaum, ACLWSC legal
director, called the decision "brave."
'ision in Jorxes e', City of Los
marks khe first time in a decade =_ '� �[��E+� .. "This decision is the most significant
ourt has struck down an ordinance -
_ _ judicial opinion involving homelessness
lining the lack of shelter space in in the history of[lie nation," Rosenbaum
said. "The decision means it is no longer a
'per ''fir crime to be homeless in Los Angeles, For
who cares about homelessness
homeless in our communi 115 of vrhom==:
ling positive solutions to this are veterans and nearly a quarter are
issue in our community will CLUB co-uouustl Cam[Saho[a¢tl AGLU189 Legal Rlruclar Mtrk Rostnhaum tptak WIR[he press MEMO hls[ariu 4luiory[or children, they can no Ionger be treated as
hied and encouraged by this enough beds to serve less than half of the in jail. The appellnte court ordered criminals because of involuntary acts like
i," said Ramona Ripston, executive region's homeless. In lieu of adequate the District Court to create a narrow sleeping and sifting where there are not
of theACLU1SC. "The ACLU comprehensive services, [he county's jails injunction designed to stop the city Frain available shelter beds to take them off the
sys maintained that police should are routinely used to substitute for mental enforcing the code at will, mean streets of the city: My hope is that
:rious crime like rape and drug health facilities. the city will now treat homelessness as a
ng, and not criminalize people "The Eighth Amendment prohibits the social problem affecting all of us, not as a
)ing on the street when there is The 2.1 ruling by the circuit court nulled City from punishing involuntary sitting, crime."
else to go." a city code that's been used for more lying, or sleeping on public sidewalks that
than 35 years by police to round up the is an unavoidable consequence of being According to the LosAnge[es Times, the
re at least 88,000 men, woman homeless. The code forbids people from human and homeless without shelter in CityAttorney's office stated its plaas to
dren homeless in Los Angeles sitting, sleeping or Iying on any street, the City of Los Angeles," wrote judge Kim appeal the decision to the full appellate
%iq[h 8,000 to 10,000 of them sidewalk or public space. Violators could P& Wardlaw For the majority opinion. court. k
in downtown, The county provides Face a $1,000 Fine or up to six months
:LU /SC MOURNS THREE CIVIL LIBERTARIANS
F pALM S..
ry
U y,
City Council Staff Report
A<lFOFN
DATE: July 26, 2006 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1696 RELATING TO THE ADOPTION OF ADDITIONAL REGULATORY
PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND
PUBLIC AREAS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1696,
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1696, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 11.40.015, AMENDING
SUBSECTIONS 1.1.140, 11.40.010, 11.44.020, 11.44.030, 11.44.060, 11.44.080,
11,44.100, 11.68.010, AND 11.68.135, AND AMENDING SUBSECTIONS (a) AND (h)
OF SECTION 11.44.040 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING
TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING
THE USE OF PARKS, STREETS, AND PUBLIC AREAS."
STAFF ANALYSIS:
At its July 19, 2006, meeting the City Council introduced on first reading the proposed
ordinance.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
,la es Thompson David H. Ready
(/ ity Clerk City Manager
Attachment:
Ordinance No. 1696
Item 2 . Q.
ORDINANCE NO,
ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 11.40.015 TO,
AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44.020,
11.44.030, 11.44.060, 11.44.080, 11.44.100, 11.68.010,
AND 11,68.135 OF, AND AMENDING SUBSECTIONS (a)
AND (h) OF SECTION 11,44.040 OF, THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE ADOPTION OF
ADDITIONAL REGULATORY PROVISIONS GOVERNING
THE USE OF PARKS, STREETS, AND PUBLIC AREAS.
City Attorney's Summary
This ordinance prohibits aggressive solicitation in the park
and the streets. Aggressive solicitation prohibited under this
ordinance would include non-consensual contact, or actions
that are intended to cause fear of physical harm or cause
intimidation. It also prohibits solicitation that includes the
use of obscene or abusive language or gestures. This
ordinance also tightens up the current prohibition on
camping in the park by broadening the kinds of equipment
that would be considered part of one's camping gear, placing
a clear prohibition on being in the park when the park is
closed, and providing a prohibition on storing personal
property in public areas.
The City Council of the City of Palm Springs ordains:
SECTION 1. Section 1.1.140 of the Palm Springs Municipal Code is amended to read:
1.1.140 Violation — Misdemeanors; Infractions
A. It shall be unlawful for any person to violate any provision or to fail to comply with
any of the requirements of this Ordinance or the Palm Springs Municipal Code. Any
person violating any of the provisions or failing to comply with any of the mandatory
requirements of this Ordinance or the provisions of the Palm Springs Municipal Code
shall be guilty of a misdemeanor unless: (1) The violation is classified as an infraction in
the State Vehicle Code or the Palm Springs Municipal Code in which case the person
shall be guilty of an infraction; or (2) The City Attorney files a complaint charging the
offense as an infraction; or (3) A public safety officer or an enforcement officer, as
defined in Chapter 1.06 of the Palm Springs Municipal Code issues a citation charging
the offense as an infraction.
SECTION 2. Section 11.40.010 is amended by amending the definition of "Camp" and
adding definitions for "Camp facilities," Camp paraphernalia," "Chief of Police," "City
Manager," "Park," "Public area," 'Public property," and "Street" to read:
"Camp" means to pitch or occupy camp facilities; to use camp paraphernalia.
"Camp facilities" include, but are not limited to, tents, huts, or temporary shelters of any
kind.
"Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, hammocks, or non-city designated cooking facilities and similar equipment.
"Chief of Police" means the Chief of Police of the City of Palm Springs or the designee
or designees of the Chief of Police.
"City Manager" means the City Manager of the City of Palm Springs or the designee or
designees of the City Manager.
"Park" means park and recreation areas as described in Chapter 11.44 of the Palm
Springs Municipal Code, including but not limited to playgrounds.
"Public area" means an area to which the public or a substantial group of persons has
access, and includes, but is not limited to, streets, parks, bridges, buildings, driveways,
parking lots, plazas, malls, walkways, and the doorways and entrances to public or
private buildings and the grounds enclosing them.
"Public property" means any property owned by or in the possession of the United
States, the State of California, or any political subdivision thereof, with the exception of
the City of Palm Springs.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping,
to place or leave in a location.
"Street" means any public street and rights-of-way, including sidewalks and parkways,
as defined in Section 14.16.010 of the Palm Springs Municipal Code.
SECTION 3. Section 11.40.015 is added to the Palm Springs Municipal Code to read:
11.40.015 Camping and Storage of Personal Property on Streets, Parks, and
Public Areas
(a) Purpose.
The public streets, parks, and public areas within the city should be readily accessible
and available to residents and the public at large. The use of these areas for camping
purposes or storage of personal property interferes with the rights of others to use the
areas for which they were intended. The purpose of this section is to maintain public
streets and areas within the city in a clean and accessible condition.
(b) Unlawful Camping.
It shall be unlawful for any person to camp, occupy camp facilities, or use camp
paraphernalia in or on any street, park, public parking lot, or public area, improved or
unimproved.
(c) Storage of Personal Property in Public Places-
(1) It shall be unlawful for any person to deposit or store any movable or
immovable object of any kind or character whatsoever, including but not limited to
camping facilities and camping paraphernalia, upon any street, park, public parking lot,
or public area, improved or unimproved. except as expressly authorized under the
provisions of the Palm Springs Municipal Code.
(2) Any object installed, placed, or deposited in violation of this subsection
shall be summarily removed by City personnel and turned over to the Chief of Police for
storage. The owner, if readily ascertainable, shall be promptly notified. Upon failure of
the owner to claim such object and pay the expenses of removal and storage within
thirty (30) days after removal, the object shall be deemed unclaimed property and shall
be disposed of in accordance with the provisions of Section 11.76.060 et.seq, of the
Palm Springs Municipal Code.
SECTION 4. Section 11.44.020 of the Palm Springs Municipal Code is amended to
read:
11.44,020 Additional Enforcement Powers
(a) Power and authority is hereby given to the City Manager, in the City Manager's
discretion, to eject and expel from any park any person who shall violate any of the
provisions of Chapter 11.44 of the Palm Springs Municipal Code 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 of public areas in general. In addition to the
ordinary powers of arrest or citation, any peace officer enforcing any such law or
regulation shall be authorized, in lieu of arresting or citing any violator, in such officer's
discretion, to so eject and expel such violator.
(b) No person being ejected or expelled pursuant to the authority of subsection (a)
shall refuse to leave as ordered, nor shall any person who has been so ejected or
expelled, return during the calendar day in which such person was ejected and for the
two calendar days immediately following thereon, to the same park, unless specifically
permitted to do so by the person who ejected him or by the City Manager.
SECTION 5. Section 11.44.030 of the Palm Springs Municipal Code is amended to
read:
11.44.030 Exclusion of Public from Specific Areas
(a) In an emergency or when the City Manager 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 such
emergency or other reason upon which such determination of the City Manager is
I
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 the City Manager.
(b) No person having knowledge of or having been advised of any closure order
issued pursuant to subsection (a) of this section, or where a sign or signs have been
posted in accordance with this section, shall refuse or fail immediately to remove
himself from the area or place so closed, and no such person shall enter or remain
within any such area or place known by him to be so closed, until such area or place
has been reopened to the public by order of proper authority.
(c) Signs posted as provided in this section shall conform to the following
requirements:
1) Each sign shall not be less than eighteen (18) inches by twenty-four (24)
inches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two (2) inches in
height, and all other lettering shall be at least five-eighths ( 5/8) inches in height;
(5) Signs shall be posted every one hundred (100) feet; and
(6) The following wording shall appear on each sign:
"WARNING
This Area is Closed to the Public by Order of the City Manager. Standing, sitting, lying,
or moving on or through this Area is prohibited and punishable as a misdemeanor.
PSMC Section 11.44.030"
SECTION 6. Subsection (a) of Section 11.44.040 of the Palm Springs Municipal Code
is amended to read:
(a) No person, where a sign has been posted in accordance with subsection (h),
shall hold, conduct, participate in, attend or address any meeting, organized gathering
or assemblage, group picnic, celebration, parade, service or exercise, of six or more
persons, in any park or recreation area without a written permit granted by the city
manager as provided in Section 11.44.040 of the Palm Springs Municipal Code.
SECTION 7. Subsection (h) is added to Section 11.44.040 to read:
(h) Signs posted as provided in this section shall conform to the following
requirements:
(1) Each sign shall not be less than eighteen (18) inches by twenty-four (24)
inches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two (2) inches in
height, and all other lettering shall be at least five-eighths ( 5/8) inches in
height;
(5) Signs shall be posted everyone hundred (100) feet; and
(6) The following wording shall appear on each sign:
"WARNING
Permit Required for Use by Six or More Persons
Violation is a Misdemeanor
PSMC Section 11.44.040"
SECTION 8. Section 11.44.060 of the Palm Springs Municipal Code is amended by
amending subsections (1), (9), (10), and (20), and adding subsections (27), (28), (29),
and (30) to read:
(1) Hitch, fasten, lead, drive, or let loose any animal or fowl of any kind.
(9) No person starting or maintaining any fire in a park shall leave the area where
the fire is located without first completely extinguishing such fire.
(10) No person in a park shall conduct or participate in any picnic, or prepare or serve
any food, except in an area designated by the City Manager for such purpose.
(20) As a general rule, parks shall be open to the public every day of the year
between dawn and 10:00 pm. The City Manager may, in the City Manager's reasonable
discretion, extend or limit such hours for any park or a portion of any park. No person
shall enter, be, or remain in any park during the time when such park is closed, unless
he or she has obtained a permit therefore from the City Manager. Park closing hours
shall be posted at park entrances.
(27) No intoxicated person shall enter, be, or remain in any park.
(28) No person shall willfully mark, deface, or injure in any manner, or displace or
remove, or tamper with any park property of any kind, including but not limited to any
park sign.
(29) No person in a park shall operate a device producing amplified sound except
pursuant to a permit approved by the City Manager.
(30) No person in a park shall disobey any sign or notice posted or displayed by or at
the direction of the City Manager,
SECTION 9. Section 11,44.080 of the Palm Springs Municipal Code is amended to
read:
11.44.080 Loitering, Obstructing Passage; Signs
(a) No person, after first being warned by a law enforcement officer, or where a sign
or signs have been posted in accordance with this section, shall loiter, stand, sit, or lie in
or upon any public street, park, or public area so as to hinder, inconvenience, or
obstruct the free passage of pedestrians or vehicles thereon; nor shall any person
block, obstruct or prevent the free access to the entrance of any building open to the
public.
(b) Signs posted as provided in this section shall conform to the following
requirements:
(1) Each sign shall not be less than eighteen (18) inches by twenty-four (24)
inches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two (2) inches in
height, and all other lettering shall be at least five-eighths ( 5/8) inches in height;
(5) Signs shall be posted every one hundred (100) feet; and
(6) The following wording shall appear on each sign:
"WARNING
Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing,
sitting, or lying is prohibited and punishable as a misdemeanor.
PSMC Section 11.44.080"
SECTION 10 Section 11.44.100 of the Palm Springs Municipal Code is amended to
read:
11.44.100 Dogs in Parks and Recreation Areas
No person owning or having the control or care of any dog shall bring such dog (except
a Seeing Eye dog leading a blind person) into or upon a public park or recreation area;
nor shall any such person otherwise suffer or permit such dog to enter or remain in a
park, nor shall any such person otherwise suffer or permit such dog to enter or remain
in a public park or recreation area. This subsection shall not apply to the Palm Springs
Dog Park.
SECTION 11. Section 11.68.010 is amended by adding the following as definitions to
read:
"Aggressive manner" means and includes:
(A) Intentionally or recklessly making any physical contact with or touching
another person in the course of the solicitation without the person's
consent;
(B) Following the person being solicited, if that conduct is: (i) intended to or is
likely to cause a reasonable person to fear imminent bodily harm or the
commission of a criminal act upon property in the person's possession; or
(ii) is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation;
(C) Continuing to solicit within five (5) feet of the person being solicited after
the person has made a negative response, if continuing the solicitation is:
(i) intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation;
(D) Intentionally or recklessly blocking the safe or free passage of the person
being solicited or requiring the person, or the driver of a vehicle, to take
evasive action to avoid physical contact with the person making the
solicitation.
(E) Intentionally or recklessly using obscene or abusive language or gestures:
(i) intended to or likely to cause a reasonable person to Fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) words intended to or reasonably likely to intimidate the person into
responding affirmatively to the solicitation; or
(F) Approaching the person being solicited in a manner that;
(i) is intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
"Solicit" means to request an immediate donation of money or other thing of value from
another person, regardless of the solicitor's purpose or intended use of the money or
other thing of value. The solicitation may be, without limitation, by the spoken, written,
or printed word, or by other means of communication.
SECTION 12. Section 11.68.135 is added to the Palm Springs Municipal Code to read:
11.68.135 Aggressive Solicitation
It shall be unlawful for any person to solicit money or other things of value, or to
solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle, or bus station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check
cashing businesses or within fifteen (15) feet of any automated teller machine during the
hours of operation of such bank, automated teller machine or check cashing business
without the consent of the owner or other person legally in possession of such facilities.
Provided, however, that when an automated teller machine is located within an
automated teller machine facility, such distance shall be measured from the entrance or
exit of the automated teller machine facility;
(4) On private property if the owner, tenant, or lawful occupant has asked the
person not to solicit on the property, or has posted a sign clearly indicating that
solicitations are not welcome on the property; or
(5) From any operator of a motor vehicle that is in traffic on a public street,
whether in exchange for cleaning the vehicle's windows, or for blocking, occupying, or
reserving a public parking space, or directing the occupant to a public parking space;
provided, however, that this paragraph shall not apply to services rendered in
connection with emergency repairs requested by the operator or passengers of such
vehicle.
I
SECTION 13. 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, section, paragraphs, sentences or words of this ordinance shall
remain in full force and effect.
SECTION 14. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED AND ADOPTED THIS DAY OF 2006.
AYES:
NOES:
ABSTAIN:
ABSENT:
RON ODEN, MAYOR
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
Shall not apply to the Palm Springs Dog Park
No.25?7 (a) In an emergency or when the Clty Manager SECTION 11.Section 11.68 010 is amended by
ORDINANCE NO.1696 determines that the public safety,or public health, adding the folloWnlg as definitions to read
AN ORDINANCE OF rPIE Crl'Y OF PALM or Public morale,or public interest demands such
SPRINGS,CALIFORNIA,ADDING SECTION action,any park,square avenue,grounds or recro• "Aggressive manner' means and includes:
r.�•,,nn--l,r -t 11.40.015 TO,AMENDING SUBSECTIONS alien center or any part or portion thereof,may be (A) Intentionally or recklessly making any btI
R F7 C iE f 4 L.� closed against the public and all persons may be contact with or touching another person In the
PR UI r0 `1"UBEICATION 11.44 060011.44-080a11,44.100,11 G8 a110oAND excluded therefrom until such emergency or other course of the solicitation without the person's con
C ��titi 11 68.135 OF,AND AMENDING SUBSECTIONS reason upon Wilton such determination of the City sent;
('lb „7yl„�, (5)AND(h)CF SECTION 11 d4.040 OF,THE Manager Is based has ceased,and upon the ces- (8) Following the person being solicited,If Thai
�"� t-I Y:u! e7 _ PALM SPRINGS MUNICIPAL CODE,RELATING Batton thereof the park,square,avenue,grounds or conduct is (i)intended to or is likely to cause a
TO THE ADOPTION OF ADDITIONAL REGULATO• recreation center or part or portion thereof so reasonable person to[ear imminent bodily harm o
•j}"�`•>
i , Z t' f
i'r closed shah again be reopened to the public by the commission of a criminal act upon properly In
RY PROVISIONS GOVERNING THE USE OF order of the City Manager. the erson's ssession,or 11 is intended to or 1
C I it CLERK PARK5,STREETS,AND PUBLIC AREAS. p � I )
(6) No parson having knowledge of or having boon reasonably likely to imimidata the person being
advisod of any closuro order issued pursuant to solicited into responding affirmatively to the solicit
Clty Attorney's Summary subsection(a)of this section,or where a sign or tion;
This ordinance prohibits aggressive solicitation In signs have been posted in accordance with this (C) Continuing to solicit within five(5)feet of the
STATt OF CALIFORNIA the park and the streets Aggressive solicitation section,shell refuse or lau immediately to remove person being solicited after the person has made
prohibited under this ordinance would include non- himself Irom the area or place so closed,and no negative response U COotirlutog Um solicitation Is
County of Riverside 1 consensual contact,or actions that are intended to such person shall enter or remain within any such (I)intended to or Is likely to cause a reasonable
1 cause fear of physical harm or cause intimidation, area or place known by him to be so closed,until person to Fear imminent bodily harm or the comma
' It also prohibits solicitation Thai includes the use of such area or place has been reopened to the public lion of a criminal act upon property in IM parson
obscene or abusive language or gestures This by order of proper authority possession,or
ordinance also tightens up the current prohibition (c) Signs posted as provided in this section shall
On Camping in the park by broadening the kinds of conform to the following requirements: (11)is intended to or is reasonably likely to Infirri
equipment That would be considered part of one's the person being solicited Imo responding afflrmd
1) Each sign shall not be lass than eighteen its) lively to The solicitation,
I,m a citizen Of the United States and a resident camping gear,placing a clear prohibition on being Y
Lrtight of inches by twenty-four(24)inches;
the County aforesaid;1 sin over the age of eighteen p INl park o When the pack is Closed,ells public
rig a 7) Colors of such signs,hall be.Optional, free passage of or recklessly blockingis the olds ar
g �` prohibiden on Storing personal property in public ( 9 �' free passage of the parser being solicited of rc+qi'
1 years,and not a party to or interested in the areas. (3) All signs shall be clearly visible la purserls in mg the person,or the driver of a vehicle,to take
above-entitled matter.I am the principal clerk of a The City Council of the City of Palm Springs restricted locations, evasws action to avoid physical(.Orllact with the
printer of the,DESERT SUN PUBLISHING ordains: (4) Signs shall have the word"WARNING" not person making the solicitation.
COMPANY a newspaper of general circulation, SECTION 1 Section 1 1.140 of the Palm Springs lose than two(2)inches in hoight,and all other lei• (E) Intentionally or recklessly using obscene or
p an P •]
printed d published in the city of Paim Springs, Municipal Code is amended in read: Telling shall be at least five-eighths(S(a)inches in abusive language or gostuios; (i)intended to ut
height; likely to cause a reasonable person to fear Imml-
County of Riverside,and which newspaper has been (5) signs shall be posted every one hundred(100) vent bodily harm or The commission of a criminal
adjudged a newspaper of general circulation by the 1.1.140 Violation-Misdemeanors;Infractions feet;and act upon property in the person a possession or
Superior Court of the County of Riverside,State of 1 (6) The following wording shall appear on each (II)words intended to or reasonably likely to infirm
California under the date of March 24,1988•Case A It Shall be Unlawful for any pereen to violate Sign date the person into responding affirmatively to th
Number 191236;that Tile notice,OF which the
any provision or is fail to comply with any of the " solicitation'or
re uirements of this Ordinance or the Palm Springs WARNING
9manner
the poison Long solicited In a
annexed is 9 printed Copy(set in Type not smaller Municipal Cote. Any Person violating any of the This Area is Closed to me Public by Order of the manner that;
than non pariei,has been published in each regular provisions or f9iling To comply with any of the City M9ngger Standing,sitting,lying,or moving on mandatory requirements of this Ordinance or the or through this Area is prohibited and punishable as (i)is intended to or Is likely to cause a reasonablc
and entire issue of said newspaper and not in any a misdemeanor. person To fear Imminent bodily harm or the comm.
shall bons Ct the Palm Springs Municipal Code sion of a criminal act upon property in the person'
supplement thereof on the Following(later,to wit: „hall be guilty of a misdememler unless:(1)The PSMC Section 11.44.030"
vtelgtien IF clasE fled as an infraction in the State possession;or
.lilt Z9m 288E Vehicle Code or the Palm Springs Municipal Code Ili)is Intended to or is reasonably likely to intimide
Y r SECTION 6. Subsection a of Secnen
in which case the person shall be guilty of an O the person being solicited into responding alLrme
'�-- --�-- - Infraction;or(2)The City Attorney files a complaint 11. 4 040 of the Palm Springs Municipal Code is lively to ills solicitation.
charging the offense as an infraction of (3)A public amcndod to road: "Solicit' means to request an immediate donation
------- ----- safety office)of an enforcement officer,as defined (a) No person,where a sign has been posted in money or other thing of value Irom another polsoi
All in the year 200E In Chapter 106 of the Palm Springs Municipal accordance with subsection(h) shall hold conduct, rogardloss of file solictoi's purpose or Intended u
Code issues a citation charging the offense as an participate in attend or address any meeting, of the money or other thing of value The solicits
infraction. oigarilzed gathering or assemblage,group picnic, lion may be,without Imitation by the spoken,wri
I certifyor declare under ertalt of perjury that the celebration,parade service or exercise,of six or ton,or printed word,or by ethur moans of comma
( j p Y p 1 t7 SECTION 2. Section f"Camp"
Is amend- more arsons,in an ark or recreation area with-Foregoing it titre and Correct. ad in amending the definition ci"Camp"and P y P nlECTI .
adding definitions-for'Camp Facilities"Camp pars• out a written permit granted by the Clly manager a5 SECTION 12.Section 11.68.135 is added to the
Provided In Section ll.d4.040 of The P31m Springs Palm Springs Municipal Code to read
Dated at Palm Springs,California this—3I",--day 'public
-Creel Public
Police,"open City
"Street"mnarter ark, Code 3 p Municipal
'Pllbllc area;"'Puollc property," 17.68.13a Aggressive Solicitation
read: • SECTION 7 Subsection(h)is giddied To
Section 11.4d.040 to read. It shall be unlawful IDI any pelsen to SehCrt
of- .luly--- — 288E 'Camp"means to puce or Occupy camp facilities;to money or other things of value,or to solicit the sa
use camp paraphernalia. (h) Signs posted as provided in This Section shall of goods or services:
"Cam facilities"include,but are not limited to, conform to the following requirements:
p (1) In an aggressive manner in a public area;
tents,huts,or temporary spellers of any kind. in Each by Sign snail not be lass than eighteen(18)
inches by Twenty-four(2d)inches; so In any public transportation vehicle,or tills at;
Camp paraphernalia"Includes,but Is not limited to. lion or stop;
Tarpaulins,cols,beds,sleeping bags hammocks (2) Colors of such Signs Shall be optional;
Sign, re or non-ay dosignatod cooking facdltios and similar (3) All signs shall be clearly visible to persons in (3) Within fifteen(15)feet of any entrance of exit
equipment reslnCletl locations; of any bank or check cashing businesses or wthn
fifteen(15)loot of any automated teller machine
- Chief of Polics means the Chief of Police of the (4) $igns shall have the word"WARNING"not during The hours of operation of%cI1 bank,aum-
0� City of Palm Splings or the designee or designees less than two(2)inches in height,and all other let- mated teller machine or check cashing business
\� of the Chief of Police. coring shall be at least 1rvo-eighths(5l6)inches in Without 11 to consent of the owner of odor porson
t^• '� 'City Manager"means the City Manager of the City height, loyally in possession of such facilities. Provided,
of Palm Springs or the designee or designees of (5) Signs shall be posted every one hundred(100) however,that when an automated teller machine
the City Manager. feet;and located within an automated tcliut machine laehlty
"Pack"means park and recreation areas as (G) The following wording shall appear on each such distance shall be measured from the entrant
described in Chapter 11.44 of the Palm Springs sign or exit of the automated Teller machine facility;
Municipal Code including but not limited to play- "WARNING (4) On private properly if Iho owner,Nolan,of Is,
grounds. Permit Required for Use by Six or More Persons ful occupant has asked the person not to solicit M
'Public area' means an area to which the public or the property,or has posted a sign Clearly mecatir
a substantial group of persons has access and Violation is a Misdemeanor that solicitations are not welcome on The property
includes,but IS not limited to,streets,packs, PSMC Section 11.44040" _ or - -
bridges,buildings driveways,parking lots,plazas,
malls,walkways,and the doorways and cnlrancos SECTION 6 Section 11.d4 060 of the
to public or private buildings and The grounds Palm Springs Municipal Code is amended by
---enclosing-them.-- ---- ---- -----amandmgsub.,ecuone(11;(9):(1v),and 120),and
adding subsections(27),(28),(29),and(30)10
a AM� LOU (5) From any opc tarot of a motor vehicle that is in
... .. - -- .. -.•r ..-.. uaffit on a public street,whether in exchange for
cleaning the vehiCle'S Window., or for blocking.
_ __ _ occupying,or I cotcv„,y m P'bl, pis,l,,,,y,pauc W,
--- "Public property mr•an'e any property owned by oI -_.. dirocting the occupant to a public parking space
in the passe-start of the United States IhL Stale of provided,however,that'his paragraph shall not
0, "—�'� -apply to services rendered in connection with emcr-
Caldornia,or any political subdivision thereof With (1) I-liteh,fasten,lead,drive,, or let loose ally anI- gency reparrs rLquosted by the operator or Passes
the exception of the City of Palm Springs. Mal or low of any kind. gers of such vehicle.
"Storo means to put aside or accumulate for use (9) No person starting or maintaining any fire In a SECTION 13.The City Council declares that,
When needed to put for safakeepinq,to plate or park shall leave the area where the fire Is located should any provision,section paraorapll,sentence,
t I 1ptm M leave in a location. Without first completely extinguishing such fire. or word of lhl-ordinance be rendered or declared
Shock"means any public street and rights-of-way, (10)No person in a park shelf conduct or participate Invalid by any final court action in a court of compe-
Including sidewalks and parkways,as deemed in 11-1 any picnic or prepare or serve ally food,except tent jurisdiction or by reason of any preemptive leg-
- Section 1d,16.010 of the Palm Sprmos Municipal In an area designated by the City Manager for such istation.the remaining provisions section,para-
_ Code. - purpose, gl aphs,sentences of Words of this ordinance shell
if, NEW rs NIw4r.� ' SECTION 3. Section 11.40.015 is added (20)Aa 3 general rule,parks shall be open to the remain in full force and effect.
.xa.•v,n.,[ILJi,I..w,,air Z.` _ - to the Palm Springs Municipal Code to read public every day of the year between dawn and SECTION 14. The Mayor shall sign and the City
.I.r; •�fn rv1 MW41aWed..mii4,e, 11.40.015 Camping and Storage of Personal 10:00 pm. The City Manager may,in the Ciry Clerk shall certify to the passago and adoption of
Property on Streets,Parks,and Public Areas Manager's reasonable discretion.extend or limit this Ordinance and shall cause the same,or the
such hours for any park or a portion of any park summary thereof to be published and peeled our-
(a) Purpose. No person shall enter,be,or remain in any park suant to the provisions of law and this Ordinance
The public streets parks,and public areas within during the time When such perk Is closed,unless shall lake effect thirty(30)days after passage.
'♦,`*'l the city should be readily accessible and available he or She has obtamud a permit therefore from the
to residents and The public at large.The use of City Manager. Park closing hours shall be posted PASSED AND ADOPTED THIS 26th DAY OF JULY,
2000.
these areas for camping purposes or storage of
at park entrances. CERTIFICATION;
to use the
property Interferes with the rights a others (27)No intoxicated person shall enlol,be,or remain
to use the areas for which they were intended.The I SYA'rG OF CALIFORNIA
n any park. )
purpose of This section Is to maintain public streets ure COUNTY OF:RIVERSIDE )
`� •a and areas within the city in a clean and acces.,ilfio (2$)No person shall willfully mark,deface,or Inj
_ in any manner,or displace or remove,or tamper CITY OF PALM SPRINGS
condition. )
co Unlawful Camping. With any park property of any kind,Including but not I,JAMES THOMPSON,City Clerk of the City o1
limited to any park sign. Palm Springs,California,do hereby certify that
It shall be unlawful for any person to camp occupy (29)No par-on in a park shall operate a device pro• Ordinance No.16961s a full,true and correct copy,
camp facilities,or use camp paraphernalia In or on
any street,park,public parking lot or public area dueing amplitied sound except pursuant to a permit and was introduced at a regular meeting of the
Improved or unimproved. approved by the City Manager. Palm Springs Ciry Council on July 19,2006 and
adopted at a adjourned regular mooting of the City
b�
(30)a person in a pail shall disobey any sign or(c) Storage of Personal Property in Public Places. notice posted or displayed by or at the direction of Council hold on July 26 2000 by The following vote:
(1) It shall be unlawful for any person to deposit or The City Manager. AYES Councilmomber McCulloch,
'{N n i i• _` : 4.90A store any movable or immovable object of any land Councllmember Mills,Councilmomher Pougnol,
11;"'a'" ,. d I,•,. APR or character whatsoever,including Bel not limited to SECTION 9. Section 11.44 0d0 0l the
g Palm Springs Municipal Code is amended to read: Mayor Pro Tam post and Mayor Oden.
F,."�„ .e r• r,:ra�,n.,r_ — camping facilities and camping paraphernalia,upon NOES: None.
w rwµ�, ,+.v r ,N'x�' _ { an street,park,public parking let,or public area, 11 44.080 Loitering,Do
stNoting Passage;
rv1 -1 y ABSENT: None.
improved or unimproved.except as expressly Signs
7Lr11 P
•_ _ - +h'n+,,.,„ _ authorized tinder the provisions of the Palm (a) No person,after first bang warned by a law ABSTAIN: None.
- " -- 'Sid Springs Municipal Code enforcement officer,or where a sign or signs have James Thompson,City Clark
'b'� n^'1,•- - been posted in accordance with this section,shall City of Palm Springs Califorrlia
n vie Any object Installed,n rhall, a summand m P Y P
' Iollog stand,sit,or IIC In or upon any public street,
violation of this subsection^hall be summarily over to Published 7r25�2006
_r removed of ce[ personnel and lowed over to the park,or ct The area so as to hinder,inconvenience,
vehi- _
Chief or Police for storage. YHC Owner,If readily or ohslNC[the free passage of pedestrians of vehl--
- ascertainable,shall be promptly npnfied. Upon fail- ties thereon;nor shall any person black,obstruct or
ere of the owner to claim such object and pay the prevent the tree access To the entrance of any
expense-of removal and storage Within thirty(30) building open to the public.
raP'll`i;*,^�_„rr.e il'� a{, days after removal,the object shall Ile deemed (b) Signs posted as provided in this section shall
-�_.--._-• -,r�,� wh�iwnn „r•'i -- - unclaimed property and shall be disposed of In conform To the Iollowlnq requirements
accordance with the provisions of Section (I) Each sign shall not be Ies5 than eighteen(18)
11.76,060 etseq of the Palm Springs Municipal inches by Twenty-lour(24)inches;
W
Code. (P) Colors of such signs shall be optional,
SECTION 4. Section 11 d4.020 of the Palm (3) All signs shall be clearly visible to persons al
FORSprings Municipal Code is amended to read: restricted locations
11.44-020 Additional Enforcement Powers
a Power and authority is hereby given to tile City le thanSign shall have the word WARNING" not
O Y � less than two(7.)Inches In height,and all other let-
' .u,. - - -_- Manager,In the City Manager's discretion,to eject taring shall be at least five-eighths(5l8)Inches in
Story Report - and expel from any park any parson who shall via' hoiont,
late any of the provisions of Chapter 11,44 of the
Y Palm Springs Municipal Code or any other law, (5) Signs-hall ba pasted every one Hundred(100)
:heck eligibility test set;and
ordinance,or rule that may be In effect now or may
ano'F ioin(;Iclk rot'' hereafter be passed or adapted for the regulation - (6) The following wording shall appear on each
PgWertraln and government of parks or of public areas in gen- sign:
_ eral.In addition to the ordinary powers of arrest or "WARNING,
citation,any peace officer enforcing any such law Unreasonable obstruction of pedestrian traffic in
-I `• or regulation shall be authorized in lieu of arresling
chi-area by persons loitering,standing,sitting,or
or citing any violator,in such officer's discretion,to lying IS plolubrted and punishable as a misde-
;SlfitggCO so eject and expel such violator. moanor.'
�• (b) No person being ejected or expelled pursuant pSMC Section 11.44.0130"
9% APR on approved to The authority of subsection(a)Shall refuse to SECTION 10 Section 11 4d,100 of file
leave as ordered,not shall any person who has palm Springs Municipal Code Is amended to read:
Dtor Credit JNM -' -- V been so ejected or expelled,return during the Cal-
ander day Ill which such person was ejected and 11.44.100 Dogs In Parks and Recreation Areas
n for the two Calendar days Immediately following No person owning or having the control or care of
thereon,to the same park,unless specifically per• any dog shall bring such dog(except a Seeing Eye
nI�/ 'bly� � i milted to do se by the person Who ejected him or dog leading a blind Person)into or upon a public
�1` ''r fig' 1� li 'I� I' 1 �°• +�I>A Tim" ' by the City Manager park or recreation area,nor 5tla any such person
SECTIONS. Section 11 a4.030 of the Palm otherwise suffer or permit such dog to enter or
" 1 remain in a ark,nor shall any such person other•
Spring^Municipal Coda is amended le read: wl60 suffer or permit such dog to enter or Tumain In
11.44.030 Exclusion of Public from Specific a public park or recreation a,ea This subsection
-