Coachella Municipal Code Ch. 12.34 Basin Use Regulations

This chapter shall be known and may be cited as the "City of Coachella Ordinance Regulating Use of the Basins."

(Ord. No. 1068, § 2, 9-24-14)

As used in this chapter, "basin(s)" are the Retention Basins that are maintained and are part of the City's Landscaping and Lighting Maintenance Districts, which were established pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code.

(Ord. No. 1068, § 2, 9-24-14)

No person or persons may engage in any commercial activity in a city basin and no person or persons may conduct any assembly, dance, meeting, or picnic for more than twenty-four (24) persons.

(Ord. No. 1068, § 2, 9-24-14)

Any activity or use of the basins by any person shall not:

A. Be unlawful.

B. Present a hazard to public health;

C. Be reasonably anticipated to incite violence, crime or disorderly conduct.

(Ord. No. 1068, § 2, 9-24-14)

Any person who uses any basins shall be bound by all basin rules and regulations and all applicable ordinances.

(Ord. No. 1068, § 2, 9-24-14)

Except as noted in Section 12.34.070, basins shall be open to the public between the hours of 6:00 a.m. and 10:00 p.m. every day of the year unless otherwise designated by the city manager or their designee. The opening and closing hours for each individual basin shall be posted for public information.

(Ord. No. 1068, § 2, 9-24-14)

A. In an emergency or when the city manager, chief of police, fire chief or the director of public works, emergency services manager (or an appropriately designated representative of any such official) shall determine that the public, safety, or public health, or public morals, or public interest demands such action, any basin, or portion thereof, may be closed against the public and all persons may be excluded therefrom until such emergency or other reason upon which determination of the city manager, chief of police, fire chief or the director of public works is based has ceased, and upon the cessation thereof the basin 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 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 the proper authority.

(Ord. No. 1068, § 2, 9-24-14)

A. It is unlawful for any person or persons to operate or park any motor vehicle, including motorcycles, upon any basin within the city.

B. Any person who shall be convicted of a violation of this section shall be guilty of a misdemeanor and shall make restitution and reimbursement to the city for any damage caused by any such operation of a motor vehicle or a motorcycle and shall be punished by fine, not exceeding fifty dollars ($50.00) for a motor vehicle other than a motorcycle and a fine not exceeding twenty-five dollars ($25.00) for violation with a motorcycle.

(Ord. No. 1068, § 2, 9-24-14)

The following activities and conduct are prohibited in all basins within the city by all persons:

A. To hitch, fasten, lead, drive or let loose any animal or fowl of any kind, except for dogs when they are led by a cord or chain not in excess of six feet in length.

B. To ride or drive any horse or animal, or to propel any vehicle, cycle or automobile within the basin area except on roadways posted for such use.

C. To cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other apparatus, or property; to pluck, pull up, cut, take or remove any shrub, plants, bush or flower; or to make or write upon, paint or deface in any manner, any building, monument, fence, bench, or other structure.

D. To cut or remove any wood, turf grass, soil, rock, sand, gravel or fertilizer.

E. To make or kindle a fire.

F. To wash dishes or to empty saltwater or other waste liquid elsewhere than in the receptacles provided for such purposes.

G. To leave garbage, cans, bottles, papers, or other refuse anywhere other than the receptacles provided for that purpose.

H. To indulge in riotous, boisterous, threatening, or indecent conduct, not protected by the First Amendment of the United States Constitution, or abusive, threatening, profane, or indecent language not protected by the First Amendment of the United States Constitution.

I. To use, throw, or release any arrows or crossbows, except in those areas where such activities are specifically permitted.

J. To take, seize or hunt any nondomestic bird or animal.

K. To disturb, in any manner, any picnic, meeting, service, concert; or other private events.

L. To sell or offer for sale any merchandise, article, or anything whatsoever.

M. To remain, stay, or loiter in any public basin between the hours of 10:00 p.m. and 6:00 a.m. of the following day.

N. To ride bicycles in any area except roadways, and in each case shall be parked in racks when provided.

O. To assemble, collect, or gather together on any walk, passageway, or roadway, or in any other place set apart for travel of persons in or through any basin or to occupy the same so that the free passage or use by other persons is obstructed in any manner.

P. To occupy any part of any basin by a group in excess of twenty-four (24) persons.

Q. To enter any dressing room, or structure at any time when a person lawfully in control is not in attendance.

R. To enter or use any restrooms designated for a member of the opposite gender by any person over the age of eight years of age.

S. To camp or lodge.

T. To conduct any carnival, exhibition, theater, tent or open air, public dance or other business or activity.

U. To bring into, consume, or have in their possession in any basin any beer, wine, whiskey, bourbon, any distillant of wine or any beverage, brew or distilled liquid containing any portion of alcohol as one of its contents.

V. To engage or participate in any organized sport, including but not limited to soccer, football and soccer, that is part of an association, league or similar organization.

W. To carry or discharge any firearm, air gun, slingshot or other device designed or intended to discharge, or capable of discharging any dangerous missile, provided that this subsection shall not apply to any peace officer or other person lawfully licensed to carry a concealed weapon or who regularly carries a weapon in connection with private employment protecting property or persons (e.g., private patrol services and bodyguards).

X. To carry or discharge any firecracker, rocket, torpedo or any other fireworks, provided that this subsection shall not be deemed to prohibit the possession or use of safe and sane fireworks not otherwise prohibited by law, at places designated or provided for such purpose.

Y. To leave garbage, cans, bottles, papers or other waster liquids elsewhere than in facilities provided for such use.

Z. To 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 any gambling table or other instrument of gambling or gaming.

AA. To place barricades, ropes, tape or other restricting device for the purpose of limiting the use of any basin amenity from persons or groups.

BB. To fail to obey the lawful orders of any employee of the city or agent of the city designated as having authority over the management of the basin who requests any person to cease and desist from any activities prohibited by this chapter or any other law applicable to basins.

CC. To fail to leave the basin premises when directed to do so by any employee of the city or agent of the city designated as having authority over the management of the basin because of violation of any provision of this chapter, or to return to the basin on the same calendar day after having complied with a direction to leave basin pursuant to this subsection.

DD. To carry or possess any lit tobacco product.

EE. To bring into or use inflatable jumpers, inflatable slides and similar outside equipment in any basin.

FF. To bring into or use a generator.

(Ord. No. 1068, § 2, 9-24-14)

A. Dogs or cats must be led by a cord or chain not more than six feet long or properly confined within the interior of a vehicle, except when dogs which have been specifically trained and are being used by blind or disabled persons to aid and guide them in their movements;

B. It is the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat or an equine animal in a city park or other recreation area of the city to promptly collect, pick up and remove all fecal matter left behind by said animal in or upon the basin; but this section shall not apply to guide dogs for blind or disabled persons.

(Ord. No. 1068, § 2, 9-24-14)

Officers, agents, or employees of the city are exempt from the prohibited activities or conduct described in Section 12.32.090 to the extent that the performance of their official duties may require such activities or conduct.

(Ord. No. 1068, § 2, 9-24-14)

Violation of any provision of this chapter shall constitute an infraction and conviction thereof shall be punishable pursuant to Section 1.08.010 of this code except that violations of the subsections B, H, I, O, P, U, W, BB, and CC of Section 12.32.090 shall constitute a misdemeanor."

(Ord. No. 1068, § 2, 9-24-14)