La Quinta Municipal Code Ch. 11.08 Disorderly Conduct and Trespass

A. A person shall not consume or possess any alcoholic beverage, as defined in Section 23004 of the California Business and Professions Code, upon any public street, sidewalk, highway, road, lane, alley, parking lot or upon any other publicly owned property which is open to the public, including all park and recreational areas which are located within the city limits. Possession shall include any alcoholic beverage contained in any bottle, can, or other receptacle which:

1. Has been opened;

2. Has a seal broken; or

3. The contents of which have been partially removed.

B. A person shall not commit any act prohibited in subsection A of this section when such person is upon privately owned property which is open to the use or patronage of the general public at the time, unless the person committing the act has the express or implied permission or invitation to do so from the owner or lessee or person in charge of the private property or business premises involved.

C. Exceptions. Subsection A of this section shall not apply to consumption or possession of alcoholic beverages within the city limits if a permit, entitlement or permission has been issued by the city manager or city council in connection with a special event located on the premises where the consumption or possession would otherwise be prohibited. Subsection A shall not apply with respect to public property owned and controlled by a public entity other than the city if the other public entity has given its express permission or invitation allowing use of the premises for purposes otherwise prohibited in subsection A of this section. Subsection A of this section shall not apply to any municipally owned golf course and clubhouse.

(Ord. 568 § 2, 2018; Ord. 410 § 1, 2004; Ord. 151 § 1, 1989; Ord. 10 § 1, 1982)

No person shall willfully make any unreasonably loud noise to the extent that it disturbs the peace and quiet of any neighborhood or imposes upon the privacy and rights of others. The standards which may be considered in determining whether a violation of this section exists, may include, but is not limited to, the following:

A. The level of noise;

B. The nature of the area within which the noise emanates;

C. The density of the inhabitation of the area within which the noise emanates;

D. The time of day or night;

E. The duration of the noise;

F. Whether the noise is recurrent, intermittent or constant; or

G. Whether the noise is produced by a commercial or noncommercial activity.

(Ord. 577 § 1, 2019)

No person shall commit a trespass on residential property, business property or on public property.

"Trespass" for the purpose of this section means:

A. Entering upon, or refusing to leave, any residential or business property of another, either where the property has been posted with NO TRESPASSING signs, or where immediately prior to the entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or continued presence, is prohibited.

B. Entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property, where the regulations have been conspicuously posted or when the building is regularly closed to the public or where immediately prior to such entry, or subsequent thereto, the regulations are made known by the official charged with the security, care or maintenance of the property, his or her agent or a police officer, is prohibited.

(Ord. 568 § 2, 2018; Ord. 10 § 1, 1982)

Within the meaning of Section 11.08.080, notification by the owner or lessee or other person in charge of the property or premises may be satisfied by direct verbal communication by any such person or by his/her duly delegated agent, including a peace officer or private patrol person, or by sign conspicuously posted on the property or premises giving notice of the prohibition of the particular form of trespass involved.

(Ord. 568 § 2, 2018)

Exceptions to the definition of trespass are any of the following instances:

A. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act (which forbids a business establishment generally open to the public, from unreasonably and arbitrarily excluding any prospective customer, and from practicing any racial or other prohibited discrimination);

B. Where its application results in or is coupled with an act prohibited by any other provision of law relating to unlawful discrimination against any person on account of an actual or perceived protected class under federal, state, or local law, including color, race, ethnicity, religion, creed, sex, gender, sexual orientation, ancestry, age, physical or mental disability, or national origin;

C. Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers;

D. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

E. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving conduct otherwise punishable criminally under the California Penal Code; or

F. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the participants generally have suitable civil remedies readily available to them: Marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer-employee disputes; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of a court.

(Ord. 568 § 2, 2018)

Any violation of this chapter shall constitute an infraction pursuant to Section 1.01.200 of this code, unless the violation is specifically designated as constituting a misdemeanor under city, state or federal law.

(Ord. 568 § 2, 2018; Ord. 151 § 3, 1989)