Indio Municipal Code Ch. 96 City Parks and Facilities

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

This chapter shall be the city's "Parks Ordinance." For the purposes of this chapter and all park regulations adopted pursuant hereto, words and phrases shall have the meanings listed in this section.

CITY EVENT

A group event that is sponsored or co-sponsored by the City of Indio or any of its commissions or committees, or the Indio Water Authority, or a Joint Powers Authority of which the City of Indio is a member.

CITY MANAGER

The City Manager of the City of Indio, or his or her designee.

COMMUNITY BASED ORGANIZATION or CBO

Any public nonprofit benefit corporation of demonstrated effectiveness approved by the City Manager. The City Clerk shall maintain a list of approved CBOs prepared and updated by the City Manager as a public record.

FIRE MARSHAL

The person responsible for direction of fire services provided throughout the city or that person's designee.

GROUP EVENT

(1)

An organized picnic, exhibit, show, class, or similar gathering of people in a park:

(a)

At which the organizing person or party serves food or beverages, regardless of whether those consuming said food or beverages are charged for same; or

(b)

To which the organizing person or party brings furniture or equipment such as tables, booths, tents or play equipment.

(2)

"Group events" include any large group event; however, no city event shall be considered or treated as a "group event" hereunder.

INDIO-BASED GROUP EVENT

A group event wherein the applicant for a permit per this chapter is a city resident, a business or school located in the city, a community based organization wherein the majority of members or board members are city residents, or which CBO provides services to a significant number of city residents on a continuing basis. A large group event may meet the criteria of an "Indio-based group event," and shall be treated as same.

LARGE GROUP EVENT

Any group event, including any Indio-based group event, meeting both of the following criteria: (1) the application for the group event permit in question anticipates attendance of 50 persons or more, including the organizing person or party and any staff thereof, and any people who will be performing or entertaining at the proposed group event, and (2) the City Manager determines that the group event in question will require the dedication of city staff time to address and mitigate event-specific impacts on the community such as those listed in § 96.40(B). However, every "group event" with an anticipated attendance of 100 persons or more, including the organizing person or party and any staff thereof, shall be a "large group event."

PARK

A parcel or contiguous parcels of land owned, operated and maintained by the city that provides space and/or a facility, whether indoor or outdoor, for the benefit and enjoyment of people residing or visiting in the city. "Parks" may be classified as community or neighborhood parks, community centers such as the Indio Teen Center or Indio Senior Center, athletic or aquatic facilities, golf courses, libraries, picnic areas, cultural centers, or similar facilities to those listed herein. "Parks" may include parking lots, playground equipment, sports fields, skate parks, buildings or other structures, or other amenities. "Parks" may include or be limited to open space areas suitable for active or passive uses. "Parks" regulated by this chapter shall be limited to space and/or facilities that contain park sites that may be used for a group event.

PARK REGULATIONS

Regulations adopted by the City Council, City Manager, or Community Services Commission to facilitate this chapter's implementation and advance its efficiency in meeting the needs of the community.

PARKSITE

A discreet or definable site or an area within a park that may serve as the location for a group event, and for which a permit may be obtained per this chapter.

POLICE CHIEF

The Chief of the Indio Police Department or his or her designee.

PERMIT

A certificate or written approval to engage in specified activity in a park as specified in this chapter; any "permit" issued per this chapter shall also function as an exclusive reservation of a park site, or under limited circumstances the entirety of a park, for a particular use.

WEAPON

Any firearm, firecracker, rocket, firework, missile, item listed in § 12020(a) of the Cal. Penal Code, or less than lethal weapon listed in § 12601(a) of the Cal. Penal Code.

[Ord. 1565, 12-16-2009]

This chapter shall not apply to any park or facility owned, operated and maintained by the Desert Recreation District except by written agreement with that agency.

Subchapter 2. Park Use Rules

[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]

(A) This chapter shall not apply to any park or facility owned by the Desert Recreation District except by written agreement with that agency.

(B) This chapter shall apply to any park or facility owned by the City of Indio, notwithstanding that such park or facility is managed, operated, or maintained by the Desert Recreation District. For city-owned parks managed, operated, or maintained by Desert Recreation District, the City Manager may designate the General Manager of the District as his or her designee for any acts to be done under this chapter.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

(A) Except in accord with a specific written permit provision, no person shall remain, stay, or loiter in any park between the hours of 10 p.m. and 6 a.m. Parking at any park shall be in accordance with § 71.11.

(B) The City Manager may designate extended park hours for any park when the City Manager determines that such extension of hours is consistent with sound use of park resources, will enhance recreational activities in the city, and will not be detrimental to the public health, safety or welfare. The prohibitions contained in subsection (A) of this section shall not apply to any person present in a park during extended park hours designated pursuant to this subsection.

(C) Notwithstanding subsection (A) of this section, the Police Chief may order any park closed before sunset and after sunrise when he or she determines that activities constituting a threat to public health, safety or welfare have occurred or are occurring in the park and that such closing is necessary to protect the public health, safety or welfare. At least one sign designating the hours when the park is closed shall be installed prominently in the park. During any time when a park is ordered closed, it is unlawful for any person to remain, stay, or loiter in said park during said period.

(D) It shall be unlawful to enter or remain in a children's playground area if such person is 18 years of age or older unless actually engaged in the care, custody or supervision of a person younger than 18 years of age who is using the child playground facilities.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

No person shall light or maintain any fire, except in a place designated by the city as a park amenity, feature or fixture, or as specifically approved by the Fire Marshal concurrent with the issuance of a permit under this chapter. This section shall prohibit the use of any personal barbeque equipment in any park.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

Except as authorized by § 130.081, generally permitted by state or federal law, or specifically permitted by the city or another authorized governmental authority, no person shall possess, carry or discharge any weapon in any park.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

(A) Exemption from noise ordinance. City issuance of a permit for any group event or Sunday field use under this chapter shall qualify activity taking place per that permit as exempt from regulation under Chapter 95C dedicated to noise control.

(B) Noise ordinance otherwise applicable. With the exception of the specified exemptions enumerated in § 95C.09 and conduct or speech that is permitted or protected by state or federal law, Chapter 95C shall apply to any activity or proposed activity undertaken in a park without a permit.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

Except as authorized by a special event permit or a permit issued per this, chapter, no person shall ride or drive any horse or other animal or propel any vehicle, cycle or automobile in a park except in locations designated as roads, trails, parking lots, or driveways provided for that purpose, and only in a direction as may be posted.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

No person shall throw, discard, place or dispose of any garbage or refuse in a park, in any place other than a garbage can or other receptacle maintained for that purpose. No person shall bring or transport garbage or refuse generated outside a park to a park for disposal.

[Ord. 1565, 12-16-2009; Ord. 1767, 12-15-2021; Ord. 1808, 2-21-2024]

No person shall sell, offer or solicit the sale of goods or services within a park, or shall pass out commercial handbills or advertising, or shall commercially offer or provide teaching services within a park. This prohibition shall not apply to activity authorized by a special event permit, a vending permit, or a permit issued per this chapter. Nothing in this section shall in any way or to any degree limit the applicability of Chapter 110 of this code to any activity or proposed activity in a park. Sales of food or goods from vending carts is prohibited except as authorized by Chapter 114 or addressed by a specific written permit provision.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

Camping in any park shall only take place in compliance with Code of Indio §§ 130.020 through 130.022 inclusive.

[Ord. 1565, 10-21-2009; Ord. 1808, 2-21-2024]

No person shall:

(A) Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof growing in a park; or

(B) Cut, break, deface or injure any building, structure, monument, sign, fence, bench, equipment or property in a park.

(C) No person shall open, expose, or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

(A) In accord with city signage, a dog at any location within a park shall be restrained by a leash; provided, however, that the provisions of this section may be temporarily waived per the terms of a permit issued pursuant to this chapter.

(B) In park areas designated by the City Council as off leash areas, dogs are permitted off-leash under the rules stated in § 96.21.

(C) Each person having care or custody of a dog anywhere in a park shall be solely responsible for promptly placing that dog's waste into a garbage can or other trash or rubbish receptacle maintained in the park in question.

(D) No dog shall be allowed on any sports field in a park except per a specific written permit provision.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

The following rules apply within off-leash areas:

(A) No dog is permitted in an off-leash area except in the care, custody and control of a person 13 years of age or older.

(B) No person may have more than two dogs in an off-leash area at any time.

(C) Any dog in an off-leash area must be under the voice control of its caretaker(s) at all times.

(D) No dog is permitted in the off-leash area except during that area's posted hours of operation.

(E) Any dog in an off-leash area must be at least four months of age, vaccinated for rabies, and have a current animal license.

(F) No dog that is sick, in heat, or unreasonably aggressive is permitted in an off-leash area.

(G) Any person having care or custody of a dog in the off-leash area shall all promptly remove that dog's waste.

(H) No animals other than dogs are permitted in an off-leash area.

(I) No dog obedience classes may be conducted in an off-leash area.

(J) The use of an off-leash area by a dog's owner or any other person having care, custody, or control of the dog in question shall constitute an agreement by the dog owner or custodian in question to follow the rules stated in this section, a further, a waiver and release of any and all claims of the city, and agreement to protect, indemnify defend and hold the city harmless from any claim, injury or damage arising from or related to such use.

(K) It shall be unlawful for any person to have a dog in an off-leash area between 10:00 p.m. and 7:00 a.m.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

No person shall take part in or abet the playing of a game of golf or the practice thereof in any park. Further, no person shall cause any object such as a ball or !stone to be propelled by use of a golf club or similar instrument within any park. This section shall not apply to the use of the Indio Municipal Golf Course, and may only be waived as to another park or park site pursuant to the terms and conditions of a permit issued pursuant to this chapter.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

No person shall erect, install, or use any inflatable structure or fixture (such as waterslide, inflatable, bounce house, jumper, or any similar device) in any park. This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter.

[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]

(A) No person shall enter, be or remain in any park while in possession of any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(B) No person shall consume, or provide or offer for consumption, any alcoholic beverage in any park. Notwithstanding any other provision of this chapter, a violation of this division may, within the discretion of the City Attorney, be prosecuted as a misdemeanor or an infraction, and punished per § 10.99.

(C) This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter by the Community Services Commission.

[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]

General and temporary regulations shall apply to park use and shall facilitate the function of this parks ordinance. Upon a resolution of the Community Services Commission, the city may adopt, modify or repeal general park regulations. The City Manager, or their designee, may administratively issue, modify or repeal temporary regulations for any park's use. No temporary regulation issued hereunder may be enforced for more than 180 consecutive days. Each new park regulation adopted, or a summary statement explaining the modification or repeal of an established park regulation, shall be published in the local newspaper twice within the two weeks after adoption, with not less than five days between publications. The park regulations shall provide the process for appealing the adoption of a new park regulation, or the modification or repeal of an established regulation. The City Council retains and may exercise at its discretion authority to adopt, modify or repeal any park regulation.

[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]

No formally organized sports competition may be scheduled to take place in any park on Sunday unless a permit for said scheduling has been approved by the Community Services Commission and issued by the City Manager, or their designee. Permits for such activity, and appeals regarding decisions as to same shall be considered per the city's park regulations.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

Title 100 of the Code of Indio shall continue in full force and effect as additional authority applicable to the use of skate parks in the city.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

The City Council may from time to time consider and approve park programs, including but not limited to facilitating the rental or leasing of a park, and may also sponsor city events incorporating the use of a park that will serve to advance the public welfare and allow the city's use of its parks as a revenue-generating enterprise.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

The City Council shall from time to time, by resolution, set and modify the fees payable by any applicant: (A) that applies for a permit to have a large group event in a city park pursuant to § 96.03, (B) that applies for a permit to engage in Sunday use of park fields pursuant to § 96.26 and any applicable park regulation, (C) that applies for a permit that necessitates the presence of city staff at a park during a group event pursuant to the park regulations, (D) that wishes to appeal any determination or citation under this chapter and the park regulations. Fees shall generally shall not be payable by any applicant for a group event permit that does not meet the criteria of a large group event. However, notwithstanding any other provision of this chapter, any applicant for a group event permit shall pay fees payable upon an appeal, fees payable for a background investigation, and fees payable to fund the presence of city staff at a group event per this chapter. No fees payable per this chapter shall exceed the costs reasonably borne of providing the corresponding services provided per this chapter. No fees shall be payable with respect to the filing or consideration of an application for a city event. The fees payable in relation to an Indio-based group event shall be at least 20% lower than any fees payable for any other group event. Any appellant under this chapter that prevails upon its appeal shall be entitled to the city's return of its fees that were payable on appeal.

[1]

Editor's Note: Former § 96.30, Smoking prohibited (Ord. 1808, 2-21-2024), was repealed by Ord. No. 1822, 10-1-2025. See now Ch. 107, Smoke-Free Areas.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

Any document prepared per this chapter shall be a public record maintained in accord with the city's records retention policy, and shall be subject to redaction only per a decision by the City Attorney in accord with the California Public Records Act.

Subchapter 3. Permits for Group Events

[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]

Each application for a group event permit shall be made in writing on a form provided by the City Manager and shall be filed with the Community Services Department together with any application fees that may be established from time to time by resolution of the City Council. The contents of each permit application shall comply with the city's park regulations.

[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]

(A) The City Manager shall be the City Official responsible for the receipt, review and consideration of applications for group event permits filed per this chapter. However, the Community Services Commission shall review and consider any application for a large group event permit. The process through which each application is reviewed, issued or denied shall conform to the city's park regulations.

(B) Absent group event specific circumstances, the city's consideration of each application shall address whether the proposed group event or large group event can be approved as requested without causing, or likely causing any of the following impacts:

(1) Damage to park landscaping and equipment;

(2) Overload any restroom and other facilities;

(3) Irresolvable conflict with another group event or with a city event;

(4) Excessive traffic congestion or noise in a neighborhood; or

(5) Any other adverse impact upon the city, or the health, safety or welfare of its residents.

(C) The City Official responsible for implementing this section in coordination with the city's Community Services Department shall be the Facilities and Construction Manager or his or her designee.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

Any permit issued per this chapter shall reflect all information required by the city's park regulations.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

Any determination upon a permit application, whether that determination be an approval of a permit, a denial of a permit, or the placement of any particular term or condition upon the issuance of a permit, may be appealed per the city's park regulations.

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

This subchapter shall only apply to group events proposed to take place in a park that incorporates a sign advising the public of the requirement of a permit for any proposed group event.

[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]

When rain or any other adverse weather condition, such as excessive heat, wind, and the like, prevents a group event that has been the subject of an approved permit issued per this subchapter from taking place, the approved group event may not take place on any rescheduled date absent written authorization of said rescheduled date by the City Manager. The organizing person or party with respect to any group event necessarily postponed by rain or an adverse weather condition has the sole responsibility to secure the Supervisor's authorization for that group event's rescheduling hereunder.

Subchapter 4. Violations; Enforcement

[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]

(A) Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. The City Manager, Police Chief, Fire Marshal and their respective designees are charged with the enforcement of this chapter's provisions.

(B) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter shall be guilty of in infraction, and upon conviction thereof, shall be punished as provided in § 10.99 of this code.

(C) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a second violation of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99 of this code.

(D) This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city. Above and beyond the violations and penalties specified herein, the City Attorney and/or any duly authorized city official authorized by the City Manager or the Police Chief to enforce this chapter, may pursue any other right or remedy permitted by this code or other applicable authority, including but not limited to the commencement of a civil action, or an administrative action based upon a citation issued per Chapter 12 of this code to any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter.

(E) Administrative penalties for citations arising from a violation of this chapter shall be punished per the schedule of fines established by resolution of the City Council or by the park regulations.

(F) Any person who fails to timely pay an administrative penalty specified in Chapter 12 for a violation of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99 of this code.

(G) Notwithstanding the absence in Chapter 12 of any provision requiring payment due upon appeal of an administrative citation, any person appealing the issuance of an administrative citation issued upon a violation of this chapter shall pay an appellate fee established by resolution of the City Council.