Palm Desert Municipal Code Ch. 11.01 General Provisions

Note: Prior ordinance history: Ords. 404, 209.

For the purpose of this title, the words and phrases set out in this section shall apply:

"Alcoholic beverage"

means beer, wine, whiskey, bourbon, any distillant of wine or any beverage, brew or distilled liquid containing any portion of alcohol as one of its contents.

"Amplified sound"

means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including amplifiers.

"Camping"

means the pitching of tents, use of sleeping bags, cots, beds or other paraphernalia usually associated with living in the out-of-doors. This includes the use of motor homes, recreation vehicles or camper trailers in parking lots.

"Chief of police"

is the chief of police of the city.

"City"

is the city of Palm Desert.

"City manager"

is the city manager of the city, or designee.

"Director"

means the director of public works, or any other person authorized by him/her, pursuant to law, to act in his or her stead.

"Fire chief"

is the chief of the fire department of the city.

"Foil balloon"

means any balloon constructed of electrically conductive material, including foil, metallic foil, Mylar, or other transparent plastic/polyester resin designed to be inflated with air or other gas including a gas lighter than air causing it to float, and may be used for decorative, toy, or entertainment purposes.

"Gas lighter than air"

means a gas that has a lower density than normal atmospheric gases and rises above them as a result, including, but not limited to, helium, hydrogen, nitrous oxide, methane, and nitrogen.

"Group gathering"

means any music festival, art festival, public dance, political rally, organized meetings, with or without speakers or entertainment or food, or similar gatherings at which music, entertainment or speeches are provided by professionals or amateurs or by prerecorded or other means, to which members of the public are invited or admitted for a charge or free of charge, or which is attended by fifty or more persons. Parades and outdoor athletic contests which are otherwise permitted or approved by the city council, or the city manager, or director of public works, or chief of police, are not included within this definition.

"Handbill"

means any printed or written matter, including any leaflet, flyer, circular, pamphlet, newsletter, or similar document, intended for distribution to members of the public.

"Large park"

means a park that is twenty acres or larger in size. Up to fifty people may gather in large parks without obtaining a permit. Group gatherings of fifty people or more are required to obtain a permit.

"Overnight sleeping"

means sleeping during the hours between sunset and sunrise.

"Park"

means any park, playground, athletic facilities, recreation area or centers, or any other area or structure maintained and operated by the city itself or in conjunction with any other governmental or private entity.

"Permit" or "reservation"

means written authorization for exclusive, or semi-exclusive use of parks or buildings or portions thereof, as provided for and defined in this chapter.

"Person"

is any person, firm, partnership, association, group, corporation, company or organization of any kind.

"Posting"

means affixing, attaching, taping, stapling, nailing, or otherwise securing any handbill, sign, notice, or other material to any building, structure, pole, wire, tree, fence, bench, or other architectural or natural feature within a city park, whether temporarily or permanently.

"Small park"

means a park that is up to twenty acres in total size. Permits are not issued for small parks. Up to thirty people may gather in small parks. Group gatherings of thirty people or more are prohibited at small parks, and visitors are directed to use large parks.

"Special event"

means any group gathering as defined in this section desiring to reserve more than one park amenity or charging for admission or publicly advertised or having more than one hundred fifty participants.

"Under immediate voice control"

means the dog or dogs is within fifty feet of the owner and the dog or dogs immediately obeys voice commands or signals.

"Vehicle"

means any device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1064 § 1, 2004; Ord. 1355 § 10, 2020; Ord. 1396 § 3, 2023; Ord. 1397 §§ 2, 3, 2023; Ord. 1453, 7/9/2026)

There shall be a park curfew from eleven p.m. to dawn on the use of a public park except as provided in other sections of this chapter.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. In an emergency or when the city manager, chief of police or the director of public works, emergency services manager (or an appropriately designated representative of any such official) shall determine that the public, safety, or public health, or public morals, or public interest demands such action, any park, square, avenue, grounds or recreation center or any park or portion thereof, may be closed against the public and all persons may be excluded therefrom until such emergency or other reason upon which determination of the city manager, chief of police or the director of public works is based has ceased, and upon the cessation thereof the park, square, avenue, grounds or recreation center or part or portion thereof so closed shall again be reopened to the public by order of proper authority.

B. No person having knowledge of or having been advised of any closure order issued pursuant to subsection A of this section, shall refuse or fail immediately to remove him or herself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him or her to be so closed, until such area or place has been reopened to the public by order of the proper authority.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. The provisions of this chapter shall apply to and be in full force and effect at all park and recreation areas which are now or which may hereafter be under the jurisdiction and control of the city, including all grounds, roadways, avenues, parks, buildings, when they are in use as recreational facilities, and areas, under the control, management or direction of the director of public works of the city. The provisions of this chapter shall govern the use of all such parks and recreation areas and the observance of such provisions shall be a condition under which the public may use such parks and further be applicable outside such parks and recreation areas where the context indicates an intention that they so applied.

B. The provisions of this chapter shall not apply to any public officer, employee or peace officer who is acting in the course of and within the scope of the public business, nor to any other person conducting public business or related activities for, on behalf of, and pursuant to lawful authority of, an appropriate public entity.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. Power and authority is given to the city manager, the director of public works, or designees, and to any of the department of public works attendants employed in such parks or recreation areas, in their discretion, to eject and expel from such parks or recreation areas or building thereon, any person who shall violate any of the provisions of this chapter or any other law, or ordinance adopted for the regulation and government of such parks or recreation areas, or of public places in general. In addition to his or her ordinary powers of arrest or citation, any peace officer enforcing any such law or regulation shall be authorized, in lieu of arresting or citing any violator, in his or her discretion to so eject and expel such violator.

B. No person being ejected or expelled pursuant to the authority of subsection A of this section shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled, return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him, her or by the city manager or the director of public works.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

No person shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic celebration, parade, service or exercise, of thirty or more persons, in any small park. The above listed activities may be conducted in large parks; however, group gatherings of fifty people or more shall be required to obtain a written permit granted by the director as provided herein. Competitive recreation events on or off trails in the Santa Rosa Mountains, including the use of developed trailheads in association with a competitive event, are prohibited.

The application process for a park use permit for group gatherings is described in detail in Section 11.04.030.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1214 § 1, 2010; Ord. 1396 § 3, 2023)

A. The city manager shall have power and authority to promulgate rules and regulations governing the use and enjoyment by the public and by individual members of the public, or any park, recreation area, recreation or community center, or any portion thereof, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, or governing any portion of the foregoing. A copy of such rules and regulations or a synopsis thereof shall be posted in some conspicuous place at or near the premises where such rules and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or near said premises in order to give public notice of said rules and regulations.

B. No person having knowledge of or having been advised of any such rule or regulation promulgated pursuant to subsection A of this section shall disobey, violate or fail to comply with any such rule or regulation.

C. No person shall disobey, violate or fail to comply with any instruction, sign or notice posted in any park recreation area, or community or recreation center, or in any building or structure thereon, for the control, management, or direction of such premises, when said instruction, sign or notice has been posted in implementation of any rule or regulation promulgated pursuant to subsection A of this section.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

Within the limits of any public park or recreation area of the city, no person shall:

A. Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile, except at a place especially designated and provided for such purpose. Bicycles are prohibited year-round from traveling crosscountry in the Santa Rosa Mountains; travel by such conveyance is restricted to authorized trails;

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

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

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

E. Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer;

F. Swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream, except at a place especially designated and provided for such purpose;

G. Make or kindle a fire except in an appropriate device provided or approved for that purpose by the public authorities;

H. Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose (including, if overnight camping is involved, the place shall have been cleared for such use by the chief of police);

I. Wash dishes or empty salt water or other waste liquids elsewhere than in facilities provided for such purpose;

J. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor;

K. Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming;

L. Indulge in riotous, offensive, threatening or indecent conduct, or abusive, threatening, profane or indecent language;

M. Disturb in any unreasonable manner any picnic, meeting, service, concert, exercise or exhibition;

N. Distribution of Handbills.

1. Protected Activity. The hand-to-hand distribution of handbills to willing recipients in city parks is a constitutionally protected activity. Nothing in this subsection shall be construed to prohibit or require a permit for such distribution, except as provided in subsection N.4 for organized distribution events.

2. Prohibited Conduct. No person distributing handbills in a city park shall:

a. Place, throw, scatter, or deposit any handbill on the ground, on any park surface, on any unattended vehicle, or in any location other than directly into the hands of a willing recipient;

b. Approach or follow any person who has clearly declined to receive a handbill, or who has verbally or by gesture indicated that they do not wish to be approached;

c. Block, obstruct, or impede the free passage of any person along any walkway, pathway, or park entrance, as further provided in Section 11.01.100;

d. Engage in any conduct that violates any other provision of this chapter, including without limitation the prohibitions on littering (subsection J), obstructing pathways (Section 11.01.100), and disturbing park activities (subsection M).

3. Litter Responsibility. Any person who distributes handbills in a city park shall make reasonable efforts to retrieve discarded handbills in the immediate vicinity of their distribution activity before departing the park. This provision shall not be construed to hold a distributor responsible for handbills discarded by recipients at locations remote from the distribution activity.

4. Organized Distribution Events. Distribution activity that is part of a group gathering of twenty-five or more persons, or that is conducted in conjunction with a special event as defined in Section 11.01.010, shall be subject to the park use permit requirements of Section 11.01.060 and Chapter 11.04. Nothing in this subsection authorizes the denial of a permit based on the content or viewpoint of any handbill or message to be distributed.

O. Posting of Materials on Park Structures—Designated Bulletin Boards.

1. Posting Prohibited Except as Provided. No person shall engage in posting, as defined in Section 11.01.010, on any building, structure, pole, wire, tree, fence, bench, or other architectural or natural feature within a city park, except upon a bulletin board or other location expressly designated by the city for that purpose pursuant to subsection O.2.

2. Designated Bulletin Boards. The director may designate one or more bulletin boards at each city park facility for the posting of handbills and notices by members of the public. The director shall post signage at each bulletin board identifying it as a designated public posting location.

3. Bulletin Board Use Standards. The following standards shall govern the use of designated bulletin boards:

a. Any person may submit materials for posting to the director without advance approval of content, subject to the standards in this subsection. City staff or the designated park facility manager shall post submitted materials promptly upon receipt, subject only to the content-neutral standards of this subsection;

b. No single posting may exceed eight and one-half inches by eleven inches in size;

c. No person may post materials in a manner that covers, overlaps, or removes materials previously posted by another person;

d. Materials that have been posted for more than thirty days may be removed by the Director.

e. Materials that are tattered, illegible, or pose a safety hazard may be removed by city staff at any time.

4. Prohibited Posting Content. The city may remove materials that:

a. Are obscene as defined by applicable law;

b. Constitute a true threat of harm to an identifiable person or group; or

c. Are commercial advertisements for for-profit goods or services, which the city does not permit on designated bulletin boards in order to preserve space for noncommercial expression.

5. No Permit Required for Bulletin Board Use. Use of a designated bulletin board pursuant to this subsection does not require a permit or prior approval.

6. Maintenance. The city shall maintain designated bulletin boards in a usable condition and shall ensure that they remain accessible during regular park hours.

P. Place barricades, ropes, tape or other restricting device for the purpose of limiting the use of any park amenity from persons or groups unless prior approval to do has been obtained from the director or city manager. Which approval shall be given only to city personnel or city designee to install or inspect installation;

Q. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct or solicit for, any trade, occupation, business or profession, unless such activity has been expressly allowed pursuant to specific provisions to such effect contained in either: a concession agreement or franchise or the like duly entered into or granted by the city council;

R. Remain, stay or loiter therein between the hours of eleven p.m. and dawn of the following day, except while attending a gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city department of community services. This subsection shall not apply to persons lawfully lodging, camping or otherwise remaining overnight at a place especially designated and provided for such purposes (including, if overnight camping is involved, the place shall have been cleared for such use by the chief of police);

S. Use any restroom, washroom or dressing facility designated for the opposite sex, except that this subsection shall not apply to children six years of age or younger who are accompanied by an adult or other older person;

T. Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or water except at such place as is especially designated and provided for use of such boat, craft or device;

U. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or disturb any of the young or eggs of same, or injure or maltreat any domestic or other animal;

V. Fish with hook and line, seine, trap, spear or net, or by any other means, in any pond, lake, stream or water, except at a place especially designated and provided for such purpose;

W. No person shall bring into, consume or have in their possession in any park an alcoholic beverage as defined in Section 11.01.010, except as provided by Section 9.58.040 of this code;

X. No person shall urinate or evacuate their bowels within any public area except in a public restroom;

Y. Cross-country travel is prohibited in the Santa Rosa Mountains from January 1st through September 30th, and allowed from October 1st through December 31st. Cross-country travel is defined as travel off authorized trails. During the period when cross-country travel is prohibited, individuals may venture no more than fifty feet from centerline of trails on either side for purposes of resting, nature study, or other similar activities; this use does not constitute cross-country travel. Holders of permits issued for research and extended study are exempt from the cross-country prohibition;

Z. No person shall feed or cause to be fed or leave food for consumption by any wild or domestic birds and/or fowl.

AA. Possess, bring, decorate with, or use a foil balloon that is filled with a gas lighter than air.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1214 § 1, 2010; Ord. 1254 § 1, 2013; Ord. 1317 § 14, 2017; Ord. 1379 §§ 3, 4, 2022; Ord. 1397 § 4, 2023; Ord. 1453, 7/9/2026)

A. No person shall drive or operate any motorized vehicle, motorcycle, motor driven cycle on any area which has been designated, set aside or is used, as a pedestrian walkway, trail, path, lane or way, or as a bicycle or golf cart trail, path, lane or way without written approval of the city manager, director of public works or maintenance supervisor. This subsection does not apply to electric golf carts unless otherwise posted.

B. The public entity having ownership or control over any such trail, path, lane, way or walkway may cause the same to be posted with an appropriate sign or signs expressly allowing the use of vehicles or devices otherwise prohibited under the provisions of subsection A of this section shall be inapplicable.

C. The provisions of subsection A of this section shall not apply to any electrically-driven wheelchair, carrying a physically limited or otherwise physically incapacitated person.

D. The public entity having ownership or control over any trail, path, lane, way or walkway mentioned in subsection A of this section, may, by the posting of any appropriate sign or signs, further restrict the use of such trail, path, lane, way or walkway by persons riding bicycles or other nonmotorized vehicles or devices, and when any such sign is posted, no person shall disobey any prohibition, restriction, direction or other regulation expressed thereon.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

No persons shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or in other places set apart for the travel of persons or vehicles in or through any park or recreation area, or occupy the same so that the free passage or use thereof by persons or vehicles passing along the same shall be obstructed in any unreasonable manner.No persons shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or in other places set apart for the travel of persons or vehicles in or through any park or recreation area, or occupy the same so that the free passage or use thereof by persons or vehicles passing along the same shall be obstructed in any unreasonable manner. This section applies to any person, including any person distributing handbills or engaging in other expressive activity, whose conduct blocks, obstructs, or unreasonably impedes the free passage of persons or vehicles along any walkway, driveway, passageway, or pathway in a city park, regardless of the purpose of such conduct.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1453, 7/9/2026)

No parent, guardian, or any person having the custody of any child under the age of eight years, shall cause, permit or allow such child to enter or visit any public park or recreation area having a lake within the boundaries of such park or recreation area unless such child is accompanied by a person of not less than sixteen years of age.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. Dogs or cats must be led by a cord or chain not more than six feet long or properly confined within the interior of a vehicle, except:

1. When dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements;

2. When dogs are within the boundaries of any city dog park and not posing a threat to other animals, persons or property;

3. In connection with activities authorized in writing by the director, including fowl or other animals turned loose at the direction of the director;

4. Homme-Adams Park is designated as an "under immediate voice control" facility. Leashes are required on the Homestead Trail and Gabby Hayes Trail which emanate from Homme-Adams Park and Cahuilla Hills Park, respectively;

5. Dogs are prohibited on all trails and areas in the Santa Rosa Mountains except the Homestead Trail, Gabby Hayes Trail, and segment of the Hopalong Cassidy Trail connecting these two trails. This prohibition does not apply to service animals accompanying persons with a disability.

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

C. While dogs are within the boundaries of city dog parks:

1. Dogs must never be left unattended.

2. Unruly dogs are not allowed and are subject to ejection per Section 11.01.050(A) of Palm Desert Municipal Code.

3. Owners must stop their dogs from digging. Any holes created must be filled by the owners.

4. All dogs must have current vaccinations and current dog license.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 1064 § 1, 2004; Ord. 1214 § 1, 2010; Ord. 1230 § 1, 2012)

The city has enacted those sections of this chapter regulating amplified sound for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. The use of electrical equipment of any kind in a city park poses physical risks of harm for which the city may have liability unless such use is reasonably regulated. Additionally, the right of persons to speak is properly limited with regard to time, place and manner by balancing the correlative constitutional rights of the citizens of this community to privacy and freedom from the public nuisance of excessively loud and unnecessary sound.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

It is unlawful for any person to install, use and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instructions, directions, talks, addresses or lectures, or of transmitting music to any persons or assemblages of persons in a park or in the vicinity thereof, except when installed, used or operated in compliance with one of the following provisions:

A. By authorized city personnel or a contractor of the city retained for this purpose; or

B. Under a reservation or park use permit issued by the director, and when operated in accordance with terms of that reservation or permit.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. In determining whether to grant or deny a park use permit pursuant to Chapter 11.04, the director shall be guided by the following considerations:

1. The extent to which sound may carry into private or residential areas of the city;

2. Any actual conflict with other scheduled park uses or events;

3. The necessity for careful and safe provision of electricity and the safety of individuals near such electrical sources.

B. If the director denies the park use permit based on applicant's desire to have amplified sound, the applicant may appeal the director's decision to the city council as described in Chapter 11.04 of this code.

C. The director shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures or musical presentations.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

Amplifiers permitted in parks shall be operated only through a power source provided by the city.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. If, at any time, the director, chief of police or director of code compliance determines that the sound produced by an amplified sound system in a park is in violation of acceptable noise levels, a city employee or officer shall request the person in charge of the assembly, or any other person appearing to be involved in the production of the sound, to immediately reduce the level thereof. If the sound is not reduced within five minutes from the first notice to the acceptable level as determined by the authorized representative, the employee or officer shall immediately cause the city power source to be terminated.

B. The maximum sound level in the park shall be set at a seventy decibel average for any fifteen minute period. Sound levels shall be measured at specified points as determined by the city engineer to protect the health, safety and welfare of park users and adjacent residents.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

Any additional or alternate power source for lighting or other purposes which may be required must be approved for such use by the department of public works or by the city building and safety director. The building and safety department, or their designee, must inspect all connections, wiring and components of sound, lighting and/or wiring systems prior to rehearsal and/or performance, and each may impose a fee for such inspections.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. The reservation, use and operation of the city amphitheater shall be the responsibility of the director. A description of the facility may be obtained from the director.

B. Persons or groups using the facility must provide all audio and lighting equipment, patch and electrical cords and personnel required for set up/tear down, clean-up, event management, security, dressing facilities, backdrops and props.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. Amphitheater hours are Monday through Sunday between nine a.m. to ten-thirty p.m. exclusive of setup or sound checks, tear down and warm up time.

B. The facility is designed as public area and does not lend itself to restricted access events. A specific plan must be developed identifying separated areas and type of admission or donation collection.

C. The city shall not be held liable or responsible if the facilities are deemed unusable for a scheduled event for any reason.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994; Ord. 987 § 1, 2001)

A. An application form to reserve the amphitheater may be obtained from the director. The procedure to reserve the amphitheater is set by Section 11.04.030, except the following information shall be provided on the amphitheater permit:

1. Any admission or donation collection and use of funds;

2. Age group performance is directed to;

3. Anticipated size of audience;

4. Proposed sound and lighting equipment;

5. Proposed event management;

6. Time schedule for set-up, sound checks, performance and tear-down;

7. Proposed crowd control and security measures;

8. Parking requirements.

B. The applicant is solely responsible for consequences resulting from promotion, advertising, ticket sales, and other costs and responsibilities associated with the holding of the event.

C. The city manager shall be responsible for final approval of all applications.

1. No application for the use of the amphitheater shall be transferable without the written consent of the city manager.

D. The application may be approved, rejected or approved with conditions. Should the application be rejected, applicant shall be notified by letter. The letter will state why the application is being denied.

E. The applicant may appeal the decision pursuant to Section 11.04.080 of this code.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

A. The director shall keep a list of current fees and charges associated with the reservation of the amphitheater for dissemination to the public. In addition to the permit fee, the user shall agree to:

1. Bear the cost of all police and security;

2. Make a security deposit to cover costs to oversee the event, city staff time and facility preparation;

3. Reimburse the city for any additional costs incurred for unusual clean-up, facility repair and additional services.

B.

1. Any person or group holding an event at the amphitheater shall provide evidence of current insurance, with the city named as an additional insured, insuring the city from any and all liability for injury to persons or property resulting from the activity; or

2. Obtain insurance through the city, based on city insurance schedule and rates at user's cost.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code.

(Ord. 750 § 1, 1994; Ord. 751 § 1, 1994)