Indio Municipal Code Ch. 130 Offenses Against Persons or Property

[1961 Code, § 15.1; Ord. 123, § 1; Ord. 1158, 8-3-1994; Ord. 1187, 12-20-1995]

(A) It is unlawful for any minor the age of 17 and under to loiter on or about any place open to the public, including, but not limited to, streets, avenues, alleys, parks, playgrounds or other grounds, places, buildings, places of amusement, eating establishments, public or private vacant lots or any unsupervised place, including apartment complexes where the minor does not reside, between the hours of 10:00 P.M. and 5:00 A.M. of the following day on Sundays through Thursdays, and between the hours of 11:00 P.M. and 5:00 A.M. of the following day on Fridays and Saturdays, provided that the provisions of this section do not apply when: (1) the minor is accompanied by his or her parents, guardian, adult spouse or other adult person having the care and custody of the minor; or (2) when the minor is responding to an emergency as directed by his or her parent or guardian or other adult person having the care and custody of the minor; or (3) when the minor is returning directly home from “an” educational or recreational activity with the consent of his/her parents, guardian, adult spouse or other adult person having the care and custody of the minor.

(B) For the purpose of this section, the word "loiter" is defined to mean to idle, linger, wander, stroll, walk, drive, or ride aimlessly about.

(C) It is unlawful for any minor under the age of 18 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, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, vacant lots or any unsupervised place during the hours of 7:30 a.m. and 2:10 p.m. on days when school is in session. This section does not apply:

(1) When the minor is accompanied by his or her parent, guardian, or other authorized adult person having the care or custody of the minor;

(2) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor;

(3) When the minor is going directly from or to their place of gainful employment or to or from a medical appointment;

(4) 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;

(5) When student body is excused for minimum class schedule or scheduled day off, i.e., holiday, staff in-service day, summer vacation;

(6) When the minor is an "emancipated minor" as that term is defined in Family Code § 7002.

(D) Each violation of the provisions of this section shall constitute a separate offense.

[1961 Code, § 15.18; Ord. 20, § 1]

It shall be unlawful for any person to distribute or throw or procure anyone to distribute or throw upon any private yard, lawn, driveway, sidewalk or steps of any residences or upon or in any part of any structure or upon any vacant property or in or upon any motor vehicle or other vehicle in the city any advertising sample, handbill, dodger, circular, booklet or other notice of commercial advertising; provided, that nothing in this section shall prevent the distribution or delivery of any newspaper which is capable of being, or is handled as second class matter under the provisions of the United States Post Office Regulation of March 3, 1879, and other United States Statutes.

[1961 Code, § 15.19; Ord. 17, § 2]

No person shall keep a riotous house, permit any riotous or disorderly conduct in any house, yard or premises connected therewith and owned or occupied by such person or be guilty of any riotous or disorderly conduct in any house, yard or premises whereby the peace, quiet or decency of any person in the neighborhood of such house is disturbed.

[1961 Code, § 15.30; Ord. 688, § 1]

(A) No person shall drink, use or consume any alcoholic beverage as defined in Cal. Bus. & Prof. § 23004 (and related sections) upon any public street, sidewalk, highway, road, lane or alley, or in or upon any other publicly owned property which is open to the use or the business of the public at the time, but which place is not licensed for the consumption of such beverage on the premises. The provisions hereof shall not apply however, to the park and recreation areas regulated under Chapter 96, Parks.

(B) No person shall, in or upon any of the places listed in division (A) above, have in possession any alcoholic beverage defined as in division (A) above, contained in any bottle, can or other receptacle, which has been opened, or a seal broken, or the contents of which have been partially removed, provided that this division (B) shall not apply when the beverage is in possession at the time strictly for the purpose of transporting the same, along with other items, briefly and temporarily and directly though a place listed in division (A) above, the standing point and destination point both being places other than those listed in division (A) above. Further, this division (B) shall not apply to the park and recreation areas regulated under Chapter 96, Parks.

(C) No person shall do or commit any act prohibited in divisions (A) or (B) above when such person is upon privately owned property rather than publicly owned property, which privately owned property is open to the use or patronage of the general public at the time, unless such person doing or committing said act has the express or implied permission or invitation so to do from the owner or lessee or other person in charge of the private property or business premises involved.

(D) Divisions (A) and (B) above shall not apply to consumption or possession of alcoholic beverages on city owned property pursuant to any permit, entitlement or other permission issued or given by the City Manager or City Council in connection with the holding of a special event on or at the place or premises where such consumption or possession would otherwise be prohibited, nor shall such divisions apply with respect to public property owned and controlled by a public entity other than the city if such other public entity has given its express or implied permission or invitation allowing use of the premises for purposes otherwise prohibited in divisions (A) or (B) above.

[1961 Code, § 15.31; Ord. 804, § 1]

It shall be unlawful for any person to do the following:

(A) Remain upon any private property or business premises after being notified by the owner or lessee or other person in charge thereof to remove therefrom;

(B) Enter without permission upon property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom.

[1961 Code, § 15.32; Ord. 805, § 1]

It shall be unlawful for any person to do the following: to hit, strike or swing at golf balls in an area designated as a park or other public place except in those areas designated as golf courses or golf driving ranges.

[Ord. 1229, 10-21-1998]

(A) It shall be unlawful for any person to urinate or evacuate his or her bowels on private property in an area exposed to public view or on any public street, sidewalk, alley, park or other public place except in a public restroom "in an appropriate toilet or urinal."

(B) First time violations of this section shall be punishable as an infraction with a fine not to exceed $500. Second and subsequent violations shall be punishable as a misdemeanor or infraction at the discretion of the city.

Subchapter 2. Camping

[1961 Code, § 5B.1; Ord. 1039; Ord. 1590, 3-16-2011; Ord. 1591, 4-6-2011; Ord. 1687, 2-3-2016; Ord. 1816, 8-21-2024]

(A) Purpose. This section is intended to protect the public health, welfare, and safety by reserving open spaces and facilities within the city limits for their intended purposes. Public property within the city should be readily accessible and available to residents and the general public at large. Use of public property for camping or storage of personal property interferes with the rights of others to make use of such shared public spaces for their intended purposes and causes blight, pollution, and damage to public property. This section is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the city, and preserve such open spaces and natural resources.

(B) Definitions. The following words and phrases, when used in this section, shall have the below meanings unless it is readily apparent from the context that another meaning is intended.

CAMP or CAMPING

The conduct of more than one of the following activities, when it reasonably appears, in light of all circumstances, that a person is using such location for living accommodation purposes:

(a)

Sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicle's windows;

(b)

Erecting or using any tent, camp facilities, or building any other form of shelter;

(c)

Unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia;

(d)

Making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in city parks with designated barbeque and cooking areas while using city-provided cooking facilities designed for such purposes; or

(e)

Doing any digging or earth breaking activities for purpose of creating or improving a shelter.

(f)

"Camping" shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location.

CAMP FACILITIES

Include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

CAMP PARAPHERNALIA

Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking or heating equipment.

PUBLIC PROPERTY

Any publicly owned property in the city, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; park playgrounds; state highways; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the city.

PRIVATE PROPERTY

Any real property or land, including all buildings, structures, and improvements thereon, that is owned, leased, or otherwise lawfully occupied or controlled by a private individual, partnership, corporation, organization, or entity. This definition includes, but is not limited to: (i) Residential property: Any property designated or used for residential purposes, including single-family homes, multi-family homes, apartment complexes, condominiums, townhouses, and mobile homes; (ii) Commercial property: Any property designated or used for commercial or business purposes, including retail stores, offices, warehouses, industrial facilities, shopping centers, and mixed-use developments; (iii) Vacant land: Any undeveloped or unoccupied land that is privately owned; (iv) Common areas: Any areas within private residential or commercial properties that are intended for use by multiple tenants or owners, including but not limited to parking lots, courtyards, lobbies, hallways, and recreational facilities; (v) Private easements: Any easements or rights-of-way that are designated for private use, including driveways, private roads, and alleys.

(C) Camping on public property prohibited. It shall be unlawful for any person to camp on any public property within the city, except as otherwise provided herein.

(D) Storage of personal property on public property prohibited.

(1) It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any public property within the city, except as otherwise provided herein.

(2) Before removing any personal property, the enforcement officer, or their designee, shall attempt to provide any readily apparent owners with notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the readily apparent owner refuses to remove the personal property from public property, then the enforcement officer, or their designee, may cause the personal property to be removed from public property. The enforcement officer, or their designee, shall post a notice on or near the personal property so as to reasonably communicate the notice to the owner the following information:

(a) The location of where the personal property was located;

(b) The date and time notice was served or posted;

(c) A statement that the storage of personal property violates this section;

(d) An advisement that the city has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed;

(e) The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the city will charge no fee for storage or retrieval; and

(f) Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services.

(3) The enforcement officer, or their designee, may immediately discard, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law.

(E) Exceptions. The provisions of divisions (C) and (D) of this section shall not apply to the following:

(1) In the event of a declared state of emergency;

(2) Nor to events sponsored and conducted by and under the direction and control of the Desert Recreation District;

(3) Nor to any persons participating in an event subject to a permit issued in conformity with this code (including but not limited to any event authorized under § 130.022 of this code);

(4) Nor to camping in public accommodations that are properly zoned, legally established and designated for camping purposes.

(F) Camping on private property prohibited.

(1) It shall be unlawful for any person to camp on any private property within the city, except as authorized herein.

(2) Camping shall be authorized on private property for the property owner, tenant in possession, lineal relative to the property owner or tenant in possession, or a person that holds in immediate possession a written consent issued by the property owner or tenant in possession. Such person shall present the written consent for examination upon the demand of any peace officer enforcing the provisions of this chapter. No camping on private property shall exceed 14 consecutive days or be permitted more than once within any 90-day period of time.

(3) The exception authorized by division (F)(2) above shall not apply during any temporary use or special event, attended by 10,000 people or more, and incorporated permitted camping.

(G) Enforcement.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this section shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.

(2) The City Attorney, in his or her sound discretion, may prosecute a violation of this section as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this section shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year, and a fine not exceeding $500 for a third violation within one year. A fourth violation of this section within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

(3) This section may be enforced by injunction issued by the superior court upon a suit brought by the City Attorney.

[1961 Code, § 5B.3; Ord. 1039]

The Council, by resolution, may authorize overnight camping on city-owned property as a special event sponsored by a nonprofit community service organization. Any organization seeking such authority from the Council shall file with the City Manager a written request setting forth detailed information concerning the proposed event. The City Manager may require certain additional information, in writing, as deemed necessary or appropriate for the evaluation of the request. When complete information has been submitted, the City Manager, or his designated representative, shall prepare and submit to the Council a report with his recommendations for approval, conditional approval or denial of the request.

Subchapter 3. Drug Paraphernalia

[1961 Code, § 15.54; Ord. 836]

(A) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DRUG PARAPHERNALIA

All equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. "Drug paraphernalia includes, but is not limited to, all of the following:

(1)

Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2)

Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(3)

Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4)

Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

(5)

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(6)

Diluents or adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, wed, intended for use, or designed for use in cutting controlled substances;

(7)

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(8)

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(9)

Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(10)

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(11)

Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(12)

Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(a)

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(b)

Water pipes;

(c)

Carburetion tubes and devices;

(d)

Smoking and carburetion masks;

(e)

Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette that has become too small or too short to be held in the hand;

(f)

Miniature cocaine spoons and cocaine vials;

(g)

Chamber pipes;

(h)

Carburetor pipes;

(i)

Electric pipes;

(j)

Air-driven pipes;

(k)

Chillums;

(l)

Bongs;

(m)

Ice pipes or chillers.

[1961 Code, § 15.50; Ord. 836]

No person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless such drug paraphernalia are completely and wholly kept, displayed or offered within a separate room or enclosure to which persons under the age of 18 not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be sign-posted in reasonably visible and legible words to the effect that drug paraphernalia are kept, displayed or offered in such room or enclosure and that minors, unless accompanied by parent or legal guardian, are excluded.

[1961 Code, § 15.51; Ord. 836]

No owner, manager, proprietor or other person in charge of any room or enclosure, within any place of business, in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away, shall permit or allow any person under the age of 18 years to enter, be in, remain in or visit such room or enclosure unless such minor is accompanied by one of his or her parents, or by his or her legal guardian.

[1961 Code, § 15.52; Ord. 836]

No person under the age of 18 years shall enter, be in, remain in or visit any room or enclosure in any place of business in which drug paraphernalia are kept, displayed or offered in any manner, sold, furnished, transferred or given away unless accompanied by one of his or her parents or by his or her legal guardian.

[1961 Code, § 15.53; Ord. 836]

No person who maintains or operates any place of business in which drug paraphernalia is kept, displayed or offered in any manner shall sell, furnish, transfer or give any drug paraphernalia to any person under the age of 18 years.

[1961 Code, § 15.55; Ord. 836]

In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:

(A) Statements by an owner or by anyone in control of the object concerning its use;

(B) Prior convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(C) The proximity of the object, in time and space, to a direct violation of this subchapter;

(D) The proximity of the object to controlled substances;

(E) The existence of any residue of controlled substances on the object;

(F) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this subchapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this subchapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

(G) Instructions, oral or written, provided with the object concerning its use;

(H) Descriptive materials, accompanying the object which explain or depict its use;

(I) National and local advertising concerning its use;

(J) The manner in which the object is displayed for sale;

(K) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(L) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

(M) The existence and scope of legitimate uses for the object in the community;

(N) Expert testimony concerning its use.

[1961 Code, § 15.56; Ord. 836]

This subchapter shall not apply to any of the following:

(A) Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in § 130.054 upon the prescription of a physician, dentist, podiatrist or veterinarian;

(B) Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia as described in § 130.054 to his or her patients;

(C) Any manufacturer, wholesaler or retailer licensed by the Board of Pharmacy to sell or transfer drug paraphernalia described in § 130.054.

[1961 Code, § 15.58; Ord. 836, § 1]

The distribution or possession for the purpose of sale, the exhibition, or the display of any drug paraphernalia as defined in § 130.054 in any place of business from which minors are not excluded as set forth in this subchapter is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Cal. Civ. Proc. § 731. This remedy is in addition to any other remedy provided by law, including but not limited to the misdemeanor penalty provisions applicable for violation of the terms and provisions of this subchapter.

Subchapter 4. Electrical Devices

[1961 Code, § 15.4; Ord. 269]

It shall be unlawful for any person to operate, within the city, any device or apparatus, other than a motor vehicle licensed to operate in the state, the operation of which will cause interference with the reception of radio, television or wireless communication.

[1961 Code, § 15.5; Ord. 269]

It shall be the duty of the Building Inspector to refuse a construction or installation permit for the construction, alteration, installation or reinstallation of any electrical or electrically operated or installed device or apparatus not properly equipped with suppressors or condensers to eliminate the cause of interference with the reception of radio, television or wireless communication.

[1961 Code, § 15.6; Ord. 269]

It shall be the duty of the Building Inspector, upon receipt of knowledge or information that the operation of any device or apparatus named in § 130.066 has been installed, or is being operated in such a manner so as to cause interference with the reception of radio, television or wireless communication, to make an inspection of the device or apparatus allegedly causing such interference.

[1961 Code, § 15.7; Ord. 269]

Upon determination by the Building Inspector that any such device or apparatus named in § 130.065 is installed or being operated in a manner prohibited by this Code, the Building Inspector shall notify the owner or operator of any such device or apparatus to make the necessary corrections to bring abut the compliance with this code of ordinances or any other ordinance of the city. Such notice shall be written and may be delivered by first class mail or by personal delivery to the owner or operator of such device or apparatus. Such notice shall provide that the necessary corrections shall be made within a period of time not to exceed ten days from the time of delivery of such notice.

Subchapter 5. Firearms

[1961 Code, § 15.8; Ord. 250; Ord. 866; Ord. 1080]

(A) No person shall fire or discharge any revolver or pistol of any description, or any shotgun or rifle which may be used for the explosion of cartridges or use or operate any air gun, “B-B” gun, gas operated gun, spring gun, slingshot, bows and arrows or any other instrument projecting missiles, whether called by any of these names or by any other name.

(B) Any person violating this section shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this section is committed, continued or permitted.

[1961 Code, § 15.9; Ord. 250; Ord. 866; Ord. 1621, 12-5-2012]

The provisions of § 130.080 shall not apply in the following instances:

(A) The discharge of weapons in the defense of life and property;

(B) The discharge of firearms by duly constituted law enforcement officers in the discharge of their duties;

(C) The use of firearms in established shooting areas or archery ranges, in areas authorized by the Chief of Police.

(D) The use of firearms in accordance with the terms and conditions of a depredation permit for the shooting of coot issued by the United States Fish and Wild Life Service of the Department of Interior pursuant to the Migratory Bird Treaty Act and in compliance with § 130.084.

[1961 Code, § 15.10; Ord. 250]

Every police officer taking a weapon used in violation of this subchapter shall deliver the same to the Chief of Police to be held by him until the final determination of the prosecution for such offense; and upon the finding of guilt it shall then be the duty of the chief of police, on a first offense, to return the weapon to the owner and, on a second offense, to confiscate and destroy it.

[1961 Code, § 15.11; Ord. 250; Ord. 1080]

(A) It shall be unlawful for any parent, guardian or custodian of any minor person under the age of 18 years to knowingly permit the use of the instruments named in § 130.080 by the minor in such a manner as may be hazardous or injurious to the property or person of another.

(B) Any person violating this section shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this section is committed, continued or permitted.

[Ord. 1621, 12-5-2012]

(A) Prior to the use of a depredation permit as described in § 130.081(D), the holder shall submit to the Chief of Police an “Application for the Discharge of Firearms in Conjunction with a Depredation Permit” along with the application fee in an amount established by City Council Resolution and an executed indemnification form in the form approved by the City Attorney at least twenty days prior to the discharge of firearms.

(B) The application shall be on a form approved by the Chief of Police but shall at a minimum include the following: a copy of the depredation permit; a scaled diagram showing the location of the shoot and the location of all improvements and buildings within 300 yards of the proposed shoot; the specific location from where the firing will take place; and the persons and/or company that will conduct the proposed shoot.

(C) Within ten days of receipt of a completed application, the Chief of Police shall approve the application unless the Chief of Police finds that the activity will unnecessarily jeopardize the public peace, health or safety. The Chief of Police may condition the permit as necessary to ensure the public peace, health and safety, including but not limited to setting the days, times and frequency of the shoot.

(D) The applicant must comply with all conditions and terms of the permit issued by the Chief of Police.

Subchapter 6. Gambling

[1961 Code, § 15.15; Ord. 120]

It is hereby declared to be unlawful for any person within the city to play at any game whatsoever for money, property or any article of value; provided, that nothing shall be deemed to be included in this section that is included in or win conflict with any of the provisions of Cal. Penal Code tit. IX, ch. X, part 1.

[1961 Code, § 15.16; Ord. 120]

It is hereby declared to be unlawful for any person to permit any game, the playing of which is prohibited by the preceding section, to be played, conducted, dealt or carried on in any house or room within the city owned or rented by such person, in whole or in part, or under his control; provided, that nothing shall be deemed to be included in this section that is included in or will conflict with any of the provisions of Cal. Penal Code tit. IX, ch. X, part 1.

[1961 Code, § 15.17; Ord. 120]

It is hereby declared to be unlawful for any person to visit or remain in any room or place in the city where any game prohibited by § 130.095 is being carried on.

Subchapter 7. Picketing

[1961 Code, § 15.22; Ord. 295]

Workers, either individually or in lawful combine, shall have the right to picket any business or businesses in the city; provided, the object sought to be accomplished thereby has a reasonable relationship to the betterment of labor conditions and that such workers are acting peaceably and honestly and subject to the conditions of § 130.112.

[1961 Code, § 15.23; Ord. 295]

It shall be unlawful for any person to do, allow or permit any of the following acts during any picketing:

(A) Using any more pickets than the number allowed and permitted by § 130.112.

(B) To use or threaten to use any physical violence to prevent any person from entering the place of business which is being picketed.

(C) To park motor or other vehicles in and about the business being picketed in such manner as to prevent the ingress and egress of third persons to and from the picketed business, excepting that the persons lawfully picketing such business shall have the right to park their vehicles in front of or adjacent to the picketed business providing such parking shall not violate any of the parking ordinances of the city.

(D) To use loud, boisterous, offensive or obscene language, or to engage in loud or boisterous conduct towards or against any persons entering and leaving the picketed business or in and around the picketed business.

(E) To wilfully publicize by means of signs, banners or word of mouth any statement known to be false in connection with the labor controversy involved.

[1961 Code, § 15.24; Ord. 295]

So many pickets may be used at each individual place of business in the city which is being picketed which does not impair free ingress and egress to each entrance or exit to any building in which the picketed business is being conducted.

Subchapter 8. Smoking

[1961 Code, § 15.59; Ord. 930]

The smoking of tobacco or any other weed or plant is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this subchapter is to protect nonsmokers to the maximum extent possible from second-hand smoke in public places and places of employment, as stated and required in this subchapter.

[1961 Code, § 15.60; Ord. 930]

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BAR

An area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

EATING ESTABLISHMENT

Every publicly or privately owned eating place, including every coffee shop, cafeteria, short-order cafe, luncheonette, sandwich shop, soda fountain and restaurant.

EMPLOYEE

Any person who is employed by an employer for direct or indirect monetary wages or profit.

EMPLOYER

Any person who employs the services of an individual person.

ENCLOSED

Closed in by a roof and four walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies.

MOTION PICTURE THEATER

Any theater engaged in the business of exhibiting motion pictures.

SMOKING

The combustion of any cigar, cigarette, pipe or any similar articles using any form of tobacco or other combustible substance in any form.

WORKPLACE

Any enclosed area of a structure or portion thereof intended for occupancy by business entities which will provide primarily clerical, professional or business services to other business entities or to the public, at that location. "Workplace" includes, but is not limited to, office spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and nursing homes.

[1961 Code, § 15.61; Ord. 930]

Smoking is prohibited and is unlawful in elevators.

[1961 Code, § 15.62; Ord. 930]

(A) In public areas of health care facilities and hospitals, as defined in Cal. Health & Safety Code § 1250, including waiting rooms, public hallways and lobbies, smoking is prohibited, except in specially designated smoking areas, which may be all or part of a public area.

(B) Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine preference and to assign patients placed in rooms occupied by two or more patients according to the patient's individual nonsmoking or smoking preference. Where a nonsmoker is placed in a room with a smoker, the rights of the nonsmoker shall be given precedence.

(C) In rooms and areas occupied by patients smoking shall be prohibited for hospital staff, visitors and the general public. “STAFF AND VISITOR SMOKING PROHIBITED” signs and/or the international logo sign for no-smoking shall be conspicuously posted in each patient room.

(D) In child care facilities, including those in private homes, during operating hours in rooms where children are present, smoking is prohibited.

[1961 Code, § 15.63; Ord. 930]

Smoking is prohibited and is unlawful in hearing rooms conference rooms, chambers and places of public assembly in which public business is conducted, when the public business requires or provides direct participation or observation by the general public.

[1961 Code, § 15.64; Ord. 930]

Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture stage drama, musical recital, athletic events or any other performance or event in all areas except either in that area commonly known as the lobby, or in areas not open to the public, except athletic events where smoking shall be permitted in specially designated areas. Every owner and/or manager of such theater auditorium or other enclosed facility used for the purposes stated herein, shall post signs conspicuously in the lobby stating that smoking is prohibited within the theater, auditorium or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds before showing feature motion pictures.

[1961 Code, § 15.65; Ord. 930]

Smoking is prohibited and is unlawful in all indoor eating establishments serving food whose occupancy capacity is 50 or more persons. This prohibition shall not apply to any such establishment maintaining a contiguous no-smoking area of at least one-half of the seating capacity. This prohibition shall not apply to any rooms which are being used for establishment purposes for private functions. If a smoking area is maintained, the preference of the patron is to be determined by the management and the patron shall be seated according to preference if possible. Any portion of an indoor eating establishment used for bar purposes is excluded from the restrictions of this section.

[1961 Code, § 15.66; Ord. 930]

Smoking is prohibited and is unlawful in public areas of every department store which sells dry goods, clothing or utensils, excluding areas outdoors.

[1961 Code, § 15.67; Ord. 930]

(A) Within 90 days of the effective date of this subchapter or within 90 days of having first engaged the services of an employee, for employers who are not in operation on the effective date of this subchapter, each employer shall adopt implement and maintain a reasonable written smoking policy which should contain, at a minimum, the following:

(1) Prohibition of smoking in employer conference and meeting rooms classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.

(2) Provision and maintenance of a contiguous no-smoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges.

(3) Any employee in the workplace shall be given the right to designate his or her immediate work area as a nonsmoking area and to post it with appropriate sign or signs. The policy adopted by the employer shall include a definition of the term “immediate work area” which gives preferential consideration to nonsmokers.

(B) In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence.

(C) Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height, on a contrasting background. In lieu of such signs, the international no-smoking logo may be prominently displayed.

(D) The smoking policy shall be communicated to all employees within two weeks of its adoption.

(E) Notwithstanding the provisions of division (A) of this section, every employer shall have the right to designate any working place as a nonsmoking area.

(F) This section is not intended to regulate smoking in the following places and under the following conditions:

(1) A private home which may serve as a workplace except as required pursuant to § 130.128(D).

(2) Any property owned or leased by other governmental agencies.

(3) A private, enclosed workplace occupied exclusively by smokers, even though such a workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation.

(G) An employer who in good faith develops and promulgates reasonable written policy regarding smoking and no-smoking in the workplace shall be deemed to be in compliance with this chapter provided that a policy which designates an entire workplace as a smoking area shall not be deemed a reasonable policy.

[1961 Code, § 15.68; Ord. 930]

(A) Except where other signs are required, whenever in this subchapter smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one-inch in height and/or the international no-smoking logo, on a contrasting background. It is the duty of the owner, operator, manager or other persons having control of such room, building or other place where smoking is prohibited, to post such signs or to cause such signs to be posted.

(B) It is unlawful to wilfully mutilate or destroy any signs required by this subchapter.

[1961 Code, § 15.69; Ord. 930]

Federal state school and special district officials are urged to enact and enforce provisions similar to the provisions contained herein.

[1961 Code, § 15.70; Ord. 930]

(A) It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

(B) Nothing in this subchapter shall require the owner, operator or manager of any theater auditorium, health care facility or any building, facility, structure or business to incur any expense to make structural or other physical modifications to any area or workplace.

(C) Nothing in this section shall relieve any person from the duty to post signs or adopt policies as required by this subchapter.

[1961 Code, § 15.72; Ord. 930]

Any owner or manager of a business or other establishment subject to this subchapter may apply to the individual, department or agency designated by the City Council for all exemption or modification to any provisions of this subchapter due to unusual circumstances or conditions.

(A) Such exemption shall be granted only if the designated individual department or agency designated by the City Council finds from the evidence presented by the applicant for exemption at a public hearing either that:

(1) The applicant cannot comply with the provisions of this subchapter for which an exemption is required without incurring expenses for structural or other physical modifications, other than posting signs, to buildings and structures.

(2) Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort.

(B) The applicant for an exemption shall pay the fee prescribed by the City Council's resolution with the application to cover cost of the hearing and noticing of the hearing.

Subchapter 9. Obscene Material

[Ord. 1099, 9-18-1991]

(A) Any newspaper, magazine, or similar publication which displays material which is harmful to minors, as defined in section 313 of the Penal Code of the State of California, in a public place, other than a public place from which minors are excluded, shall have the placement of devices commonly known as blinder racks in front of the material so that the lower two-thirds of the material is not exposed to view. “Blinder rack” is defined as an opaque cover, blocking from view the lower two-thirds of the material.

(B) Every person is guilty of a misdemeanor who causes, permits, procures, counsels, or assists in an offer of sale of any newspaper, magazine, or similar publication in violation of this section.

(C) Any newspaper, magazine, or similar publication offered for sale in violation of this section constitutes a public nuisance.

Subchapter 10. Graffiti

[Ord. 1153, 4-20-1994]

Through this chapter, the City Council intends to provide additional enforcement tools to protect public and private property from graffiti and similar acts of vandalism and defacement. The remedies contained in this chapter are intended to supplement the nuisance abatement procedures already established. The city may in its discretion pursue any lawful remedies to remove graffiti in the city and to recover any removal costs so incurred.

[Ord. 1153, 4-20-1994]

The definitions contained in Chapter 95 shall also govern this chapter. In addition, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AEROSOL PAINT CONTAINER

Any aerosol container which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.

FELT TIP MARKER

Any indelible marker or similar implement with a tip which at its broadest width is 1/8 inch or greater, containing an ink that is not water-soluble.

GLASS CUTTERS

Any tools or instruments designed to cut or etch glass surfaces.

GRAFFITI

Any inscription, word, figure or design that is marked, etched, pasted, or otherwise placed on property without the advance approval of the property owner or person in lawful possession of the property.

GRAFFITI IMPLEMENT

Any implement capable of marking a surface to create graffiti including, but not limited to, any aerosol paint container, paint stick, felt tip marker, marking pen, gum label, marking instrument, drill bit, grinding stone, scribe, glass cutter, or etching tool, or other implements capable of scarring glass, metal, concrete or wood.

GRAFFITI REMOVAL COSTS

All costs that would be considered abatement costs in the context of a nuisance abatement proceeding under Chapter 95A. In addition, such costs expressly include, but are not limited to, all city staff time, police investigative time, City Attorney time and fees, and any courts costs incurred in connection with the civil prosecution of any claim for damages.

GUM LABEL

Any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removed.

MINOR

A person under 18 years of age.

PAINT OR GRAFFITI STICK

A device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure and, upon application, leaving a mark at least 1/8 of an inch in width, visible from a distance of 20 feet, and not water-soluble.

RESPONSIBLE PARTY

Any party made liable pursuant to this chapter or Chapter 95 for the city's costs of removing graffiti in the city. Such removal costs include, but are not limited to, all city staff time, police investigative time, City Attorney time and fees, and court costs. Responsible parties include, but are not limited to the following:

(1)

Any person who creates graffiti;

(2)

Any owner or person legally in possession of real property on which graffiti exists; and

(3)

In the case of a minor who creates graffiti, any parent or legal guardian of such minor.

SPRAY ACTUATOR

An object, such as a spray tip, nozzle, or button, which is capable of being attached to an aerosol paint container for the purpose of spraying, the substance contained therein.

[Ord. 1153, 4-20-1994]

The City Council reaffirms any previous declarations that graffiti is a public nuisance which may be abated pursuant to the abatement procedures in Chapter 95 of this Code.

[Ord. 1153, 4-20-1994]

It shall be unlawful for any person to mark, apply, or etch graffiti on any structure located on public or private real property within the city.

[Ord. 1153, 4-20-1994]

(A) It shall be unlawful for any minor to possess any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter while on public or private property without the consent of the property owner or the person in lawful possession of the property. Any law enforcement officer who observes a violation of this section may take immediate possession of the aforementioned graffiti implements.

(B) The foregoing provision shall not apply while the person is attending or travelling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use an aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter.

[Ord. 1153, 4-20-1994]

Except as may be authorized by the City Manager or his or her designee, no person shall have in his or her possession any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter while on any property owned by the city, including any city-owned park, playground, swimming pool, or recreational facility. Nor shall any person have in his or her possession any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter while loitering in or near an underpass, bridge abutment, storm drain, or similar types of infrastructure located within the city. City employees and employees of other state and local government entities shall be exempt from this provision while engaged in the course and scope of their employment.

[Ord. 1153, 4-20-1994]

It shall be unlawful for any person to possess any graffiti implement for the purpose of defacing, marking, or damaging any public or private property without the express consent of the property owner or the person in lawful possession of the property.

[Ord. 1153, 4-20-1994]

Any parent or other legal guardian of a minor shall be personally liable for any and all graffiti removal costs associated with graffiti caused by the minor. This section shall in no way limit the amount of recovery against the parent or other legal guardian for their own common law negligence.

[Ord. 1153, 4-20-1994]

(A) Furnishing to minors prohibited. It shall be unlawful for any person to sell, give, or otherwise furnish any aerosol paint container, felt tip marker or graffiti stick to any minor without the consent of the minor's parent or legal guardian. Evidence that a person, his or her employee, or agent, demanded and was shown bona fide evidence of majority and acted upon such evidence of majority in a transaction or sale shall be a defense to any criminal prosecution thereof.

(B) Signs required. Any person engaged in the retail sale of any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter within the city must display at the location of retail sale a sign clearly visible and legible to employees and customers in letters at least 3/8 of an inch high stating:

“It is unlawful for any person to sell or give to any individual under the age of 18 years any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter without obtaining prior written consent from the parent or legal guardian. Any person who creates graffiti or otherwise defaces property within the City of Indio violates state and local laws, which are punishable by a fine, imprisonment, or both.”

(C) Wrongful display for sale. No person, firm or entity engaged in commercial enterprise shall display for sale, trade or exchange, any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label or glass cutter except in an area to which public access shall be securely prevented without employee assistance. Two such acceptable methods for displaying such merchandise for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be affixed to a building or building structure and which shall remain locked at all times except during access by authorized representatives; or (2) an enclosed area behind a sales or service counter into which the public is prevented from entering.

(D) Liability for wrongful display. Any seller who displays any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter in violation of this chapter shall be personally liable for any and all graffiti removal costs associated with removing graffiti caused by such merchandise.

[Ord. 1153, 4-20-1994]

If the City Manager, or his or her designee, determines that graffiti exists on public or private property in the city, the City Manager, or his or her designee, may use city funds to remove the graffiti. Prior to such removal, the city shall seek the written consent of the property owner or person in lawful possession of the property. Such consent shall be obtained on a form approved by the City Attorney. The city's removal of graffiti by painting or repair shall not involve the painting or repair of a more extensive area than that area where the graffiti is located.

[Ord. 1153, 4-20-1994; Ord. 1173, 3-16-1995]

The city may in its sole discretion recover its graffiti removal costs from any and all responsible parties.

(A) Notice to responsible parties. When the City Manager or his or her designee determines who is or are the parties responsible for graffiti on property within the city, and the cost of removing the graffiti, the city shall send any or all of the responsible parties a notice indicating at a minimum all of the following:

(1) The name(s) of the responsible party(ies);

(2) A statement notifying the recipient of the Notice that he or she has been determined by the city to be liable for the city's graffiti removal costs associated with removing particular graffiti, indicating the particular provision of this chapter upon which such liability is founded;

(3) The amount of the city's graffiti removal costs and the date by which such costs must be paid to the city;

(4) The location and description of said graffiti;

(5) A statement notifying the responsible party of his or her right to request an administrative hearing regarding liability or the amount of removal costs;

(6) A statement notifying the responsible party that if he or she does not request such a hearing within ten days of the date of receipt of the notice, then all appeal rights are deemed waived and the city's determination regarding liability and costs will become final; and

(7) A statement notifying the responsible party that if he or she does not request a hearing or pay the amount of costs owing by the dates indicated, then the amount will be assessed and recorded against his or her real property by the city as a lien.

(8) The form of the notice shall be approved by the City Attorney. The notice shall be served as provided for in Chapter 95A.

(B) Hearing regarding costs or liability. Upon timely request of a hearing by a responsible party regarding the liability of the responsible party or the amount of the city's costs incurred in removing graffiti, the Fire Chief shall schedule a hearing before the Community Preservation Committee. Such hearing shall be conducted in accordance with the procedures prescribed by Chapter 95 of the Indio City Code.

[Ord. 1153, 4-20-1994; Ord. 1173, 3-16-1995]

Any party aggrieved by a decision of the Community Preservation Committee may appeal that decision to the City Council. Such appeals shall be governed generally by the procedures provided by Chapter 95 for the appeal of decisions of the Community Preservation Committee.

[Ord. 1153, 4-20-1994]

(A) A reward is hereby authorized, offered and may be paid by the city to any person who provides information leading to the determination of the identity of, and the apprehension of, any person who violates this chapter.

(B) The exact amount of the reward to be paid by the city shall be determined by the City Council after receipt of a report from the City Manager indicating that information was received leading to the determination of the identity of, and the apprehension of, a person who violated this chapter, and indicating the final disposition of such matter. No law enforcement officer, municipal officer, official or employee of the city shall be eligible for such reward.

(C) The city may reimburse to any person reporting by means of a telephone, including mobile or cellular phones, an act of graffiti or the existence of graffiti within the city limits in the amount of the direct phone charge exclusive of taxes.

Subchapter 11. Social Host Responsibility and Loud or Unruly Events

[Ord. 1654, 5-15-2014]

The purpose of this Chapter is to protect public health, safety, and general welfare in two ways. First, this Chapter enhances the ability of law enforcement to deter alcohol and controlled substance consumption by minors. Second, this Chapter serves to preserve the quiet enjoyment of property by reducing the costs of providing law enforcement services to loud or unruly events.

[Ord. 1654, 5-15-2014]

Any violation of any provision of this subsection of Chapter 130 constitutes a public nuisance.

[Ord. 1654, 5-15-2014; Ord. 1787, 11-2-2022]

As used in this chapter, the following words and phrases have the meaning set forth below:

ALCOHOL

Shall have the same meaning as in Business and Professions Code Section 23003 or any successor statute.

ALCOHOLIC BEVERAGE

Shall have the same meaning as in Business and Professions Code Section 23004 or any successor statute.

CONSUME or CONSUMPTION

To use, eat, drink, absorb, smoke or ingest.

CONTROLLED SUBSTANCE

Any drug or substance, including marijuana, whose possession and/or use are regulated under the California Uniform Controlled Substances Act codified at Health and Safety Code Section 11000 et seq., or any successor statute, or illegal under the laws of the State of California as defined under the Penal Code and any related statutes. Such term shall not include any drug or substance otherwise legally possessed or consumed.

DANGEROUS FIREWORKS

Has the same meaning ascribed to it in California Health and Safety Code § 12505, and § 101.02 of this code, as presently adopted or further amended from time to time.

ENFORCEMENT OFFICER

The Chief of Police and any employee or agent of the city so designated by them and charged with enforcing any provision of the City of Indio Municipal Code.

EVENT

A party, gathering, or event where a group of two (2) or more persons have assembled or are assembling for a social occasion or for a social activity at a residence or other private property or public place property.

LEGAL GUARDIAN

Either of the following: (i) a person who, under court order, is the guardian of the person of a minor; or (ii) a public or private agency with whom a minor has been placed by the court.

LOUD OR UNRULY EVENT

Loud or unruly conduct arising from an Event. Such loud or unruly conduct includes, but is not limited to:

(1)

Excessive noise;

(2)

Excessive traffic or gridlock;

(3)

Obstruction of public streets or crowds that have spilled into public streets;

(4)

Public drunkenness or unlawful public consumption of alcoholic beverages or controlled substances;

(5)

Service to, or consumption of alcoholic beverages or controlled substances by any minor except as permitted by law;

(6)

Assaults, batteries, fights, domestic violence or other disturbances of the peace;

(7)

Vandalism;

(8)

Litter;

(9)

Lewd acts;

(10)

Dangerous fireworks; or

(11)

Any conduct which constitutes a threat to public health, safety, quiet enjoyment of property or general welfare.

MINOR

Any person under twenty-one (21) years of age.

PARENT

A person who is a natural parent, adoptive parent, or step-parent of a minor.

PERSON(S) RESPONSIBLE

Means and includes, but is not limited to:

(1)

The person who owns, rents, leases or otherwise has control of the premises where the loud or unruly event occurs;

(2)

The person or persons in charge or purportedly in charge of the premises where the loud or unruly event occurs;

(3)

The person or persons authorizing the use of the premises for the loud or unruly event;

(4)

The person or persons who organized the loud or unruly event; or

(5)

The person who the enforcement officer believes is causing, performing or permitting to exist or otherwise maintaining the loud or unruly as a public nuisance, including but not limited to any other person in real or apparent charge or control of the property such as a landlord, management company or resident.

PUBLIC PLACE

Any place in which the public or a substantial group of the public has access, including but limited to, streets, highways, parks, common area developments and common areas inside of country clubs and gated communities.

RESIDENCE OR OTHER PRIVATE PROPERTY

A home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

SUBSEQUENT POLICE RESPONSE

Any police response to the location of a loud or unruly event made within three (3) months after the issuance or posting of a written warning for a previous loud and unruly event at that location or within three (3) months after a prior subsequent police response.

[Ord. 1654, 5-15-2014]

(A) Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her place of residence or other private property or host an event at a public place under his or her control where alcoholic beverages or controlled substances are being consumed or have been consumed by a minor, when said person either knows or reasonably should know that a minor has consumed an alcoholic beverage, or controlled substance. Whenever such person is present during such an event where alcoholic beverages or controlled substances are being served to, possessed by or consumed by a minor, it shall be a rebuttable presumption that the person has actual or constructive knowledge that a minor has consumed an alcoholic beverage or controlled substance if the person has not taken all reasonable steps necessary to prevent such consumption, as set forth in division (B) below.

(B) It is the duty of any person who permits, allows or hosts an event at his or her place of residence or other private property or hosts an event at a public place under his or her control, where minors will be present, to take all reasonable steps to prevent the illegal consumption by minors of alcoholic beverages and controlled substances. Reasonable steps shall, at a minimum, include all of the following:

(1) Verifying the age of persons attending the event by inspecting driver licenses or other government-issued identification cards;

(2) Controlling access to alcoholic beverages or controlled substances present at the event;

(3) Controlling the quantity of alcoholic beverages present at the event;

(4) Prohibiting the possession and/or use of marijuana or other controlled substances at the event; and

(5) Supervising the activities of minors at the event.

(C) A person who permits, allows or hosts an event shall not be in violation of this Section if he or she seeks immediate assistance from the Indio Police Department to remove any person(s) who refuses to abide by the hosts duty to abide by this chapter from the event provided that the person has taken all reasonable steps to necessary to prevent the illegal consumption of alcohol or controlled substances.

(D) This section shall not apply to conduct involving the use of alcoholic beverages, which occurs exclusively between a minor and his or her parent or legal guardian.

(E) This section shall not apply to any premises regulated by the California Department of Alcoholic Beverage Control.

[Ord. 1787, 11-2-2022]

It is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her place of residence or other private property or host an event at a public place under his or her control where dangerous fireworks are being sold, offered for sale, discharged, used or manufactured.

[Ord. 1654, 5-15-2014]

(A) Written warning - Issuance. For the first police response to a loud or unruly event, the enforcement officer who responds to the scene shall leave a written warning with a person responsible for the loud or unruly event. If the person responsible for the loud and unruly event cannot be located, the enforcement officer shall post the written warning on the front door of the primary entrance to the loud and unruly event, or at a location which is visible from the street and which is close to the front door or primary entrance to the loud and unruly event as is reasonably possible.

(B) Written warning - Contents. The written warning issued pursuant to this section shall:

(1) Identify the date, time and location of the enforcement officer's response;

(2) Include an explanation of why the gathering qualifies as a "loud or unruly event" under this chapter;

(3) Include a general explanation of the consequences of a subsequent police response, including the fact that a citation and/or administrative fines and fees may be issued on each person responsible and that all persons responsible will be charged for the costs associated with a subsequent City response; and

(4) Order all persons responsible to take immediate actions to terminate the loud or unruly event.

(C) The written warning provided or posted pursuant to this chapter shall constitute constructive notice to a person responsible for a loud or unruly event regardless of actual receipt of the written warning, and such notice shall be imputed to all persons responsible for the loud and unruly event.

[Ord. 1654, 5-15-2014]

(A) Any person responsible for a loud and unruly event to which a subsequent police response is required shall be guilty of a misdemeanor.

(B) In addition to other remedies, whenever an enforcement officer makes a subsequent police response to a loud or unruly event, all costs associated with the response, including costs for abatement, may be recovered from any or all persons responsible for the event through procedures set forth in Chapter 95A of the Indio Municipal Code. All persons responsible shall be jointly and severally liable for such costs. The city may also recover unpaid costs or penalties by initiation of a judicial action or collection process, as it deems appropriate.

(C) Whenever an enforcement officer makes a subsequent police response to a loud or unruly event, the enforcement officer may issue an administrative citation and fine, pursuant to procedures set forth in Chapter 12 of this Code, to each person responsible for the event.

(D) Appeals. A person against whom subsequent police costs and/or penalties are imposed may appeal the costs and/or penalties pursuant to Chapter 95A of the Code.

[Ord. 1654, 5-15-2014]

In any administrative proceeding or special proceeding to abate a public nuisance relating to a violation of this chapter, the prevailing party may recover all of its incurred attorneys' fees, provided that the City elected, at the initiation of such action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, issuance of City's costs and recovery therefrom, or appeal from an administrative proceeding or citation.

[Ord. 1654, 5-15-2014]

Any violation of this Chapter may be enforced by the City by criminal prosecution, civil action for restraining order or injunctive relief, administrative action or any other means authorized by law. These and all other remedies available by law are intended to be cumulative and not exclusive and may be pursued by the city individually, consecutively, or in conjunction with each other.

[Ord. 1654, 5-15-2014]

Failure of the City to strictly apply any procedure, fine or penalty provided by this Chapter or in parts of the Indio Municipal Code referenced by this Chapter, either in whole or in part, shall not invalidate any enforcement procedure or action commenced or concluded by the City, whether under this Chapter or otherwise.

Subchapter 12. Penalty

[1961 Code, §§ 5B.4, 5B.5, 15.57 and 15.72; Ord. 836; Ord. 930; Ord. 1039; Ord. 1080; Ord. 1153, 4-20-1994; Ord. 1787, 11-2-2022]

(A) Whoever violates any provision of this chapter for which another penalty is not already herein provided, shall be subject to the penalty provisions of § 10.99.

(B)

(1) Any person violating any provisions of §§ 130.020 through 130.022 shall be deemed guilty of an infraction and, upon conviction thereof, shall be punishable as provided in § 10.99.

(2) Subsequent offenses within 48 hours. Notwithstanding the provisions of § 10.99, any person violating any provision of §§ 130.020 through 130.022, and who is cited for such violation, and who, within 48 hours after receiving such citation, again violates the same section, is guilty of a misdemeanor.

(C) Violation of any provision of §§ 130.050 through 130.056 shall be a misdemeanor.

(D) Violation of any provision or failure to comply with any requirement of §§ 130.125 through 130.137 is an infraction.

(E)

(1) Misdemeanor prosecution. Any violation of §§ 130.155 - 130.167 may be prosecuted as a misdemeanor in the discretion of the City Attorney. When prosecuted as a misdemeanor, any violation of §§ 130.155 - 130.167 shall be punishable by either six months in jail, a $1,000 fine, or both.

(2) Restitution and community service. Any person convicted of violating §§ 130.155 - 130.167 may be required by a court to pay the city's costs of removing or repairing damage to property caused by graffiti or, where such removal and repair costs have been borne by the property owner, to provide restitution to the property owner in the amount of pecuniary damage caused by the graffiti. The court may also require the violator to perform up to 80 hours of community service. Such restitution and community service may be required in addition to any other penalties imposed by a court. In the case of a minor, “conviction” shall include finding by a juvenile court that the minor violated a provision of §§ 130.155 - 130.167 or any provision of state law regarding graffiti. Nothing in this section shall preclude the city from pursuing civil remedies, including judicial or administrative recovery off its removal costs pursuant to §§ 130.155 - 130.167.

(3) Driving privilege suspension. For each conviction of a person for any offense specified in §§ 130.155 - 130.167 that would also violate Section 594 of the Penal Code if so prosecuted, the city hereby authorizes and requests that the court suspend or delay issuance of the violator's driving privileges for one year pursuant to Vehicle Code, Section 13202.6. In the case of a minor, “conviction” shall include a finding by a juvenile court that the minor violated a provision of §§ 130.155 - 130.167 or any provision of state law regarding graffiti.

(F)

(1) Dangerous fireworks - criminal misdemeanor penalty. Any person violating any provisions of § 130.183A of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment in the city or county jail not exceeding six months, or by both such fine and imprisonment.

(2) In addition to any other penalties provided by law, whenever the enforcement official, as that term is defined in § 11.02, determines that a violation of § 130.183A has occurred, the enforcement official shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in § 11.02, pursuant to the procedures set forth in Chapter 12 (Enforcement of Code) of Title 1 (General Provisions). With respect to dangerous fireworks, the imposition of administrative fines and penalties under this section is limited to persons who possess, use, sell and/or display, and/or the seizure of, 25 pounds or less of dangerous fireworks.

(a) Use of the administrative citation procedure in Chapter 12 with respect to such violations of § 130.183A shall be at the sole discretion of the city.

(b) The amount of the administrative civil penalties imposed for administrative citations issued for such violations of § 130.183A shall be established by resolution of the City Council.

(3) A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of § 130.183A.

(4) Nothing in this chapter limits any of the penalties provided in the California Health and Safety Code or California Penal Code with regard to the unlawful transportation, use, discharge, possession, storage or sale of dangerous fireworks.

(5) The provisions of this subsection are in addition to any other penalty set forth in this chapter.