Palm Desert Municipal Code Ch. 11.04 Park Reservations and Park Use Permit

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

The director or his designee shall be responsible for scheduling and controlling the use of parks, or portions thereof, for the maximum benefit and participation by interested persons or groups, both public and private. All reservable areas in the city parks shall be subject to reservation according to the rules and regulations of the city or the city's recreation provider. Activities sponsored by the city or its recreation provider shall be given preference in the use of city parks.

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

A. General Park Use. Use of the park amenities, including athletic courts and fields, picnic areas and tables, playgrounds, sitting areas, pathways and other recreation and open space areas are on a first-come, first-served basis unless otherwise specified by the city. Some park areas are for general public use and are not reservable.

B. Groups of less than fifty persons desiring the use of large park areas or structures, deemed by the director as reservable, may request the director to reserve designated large park areas for such use. If the group of less than fifty desires to reserve a specific large park area, the group must make application for a formal park use permit. If the group of less than fifty desires to have an activity in the park, the group may utilize the park areas on a first-come, first-served basis as long as the park area is not reserved and the proposed activity meets all other city requirements for park use and the use is reasonable in relation to the use of the park by other persons or as to the effect of such use upon the peace of the neighborhood.

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

Any person desiring to hold, conduct or manage a group gathering as defined in Section 11.01.010 shall, not less than thirty nor more than one hundred twenty days before the date on which it is proposed to conduct or hold such group gathering, file with the director, or their designee, a verified application on a form furnished by the city, setting forth the following information:

A. The name of the person or organization wishing to conduct or hold such group gathering;

B. If the outdoor gathering is proposed to be conducted or held for, or on behalf of, or by any organization, the name, address and telephone number of the headquarters of organization and the authorized responsible head of such organization;

C. The name, address and telephone number of the person who will be the chairman or who will be responsible for conducting or holding of the group gathering;

D. The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

E. The date when such group gathering is to be conducted or held;

F. The place at which the group gathering is desired to be held;

G. The approximate number of persons who will attend such group gatherings;

H. The time the group gathering is to commence and the time it will terminate;

I. All of the specific park areas or amenities or portions of a given public park area such group gathering will occupy, use or reserve;

J. Any specific needs or amenities such as water, electricity or any other service;

K. Whether the group will apply for the use of amplified sound.

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

A. The applicant shall submit a refundable cleaning deposit. The amount of the deposit shall be determined by the director, based upon the number of persons expected to attend the group gathering. The deposit shall be used exclusively for cleaning of the facility after the conclusion of the group gathering. Any portion of the deposit not used for such cleaning shall be automatically refunded within fifteen days after the event.

B. The applicant shall submit a nonrefundable administration fee at the time of park use permit application submittal. The amount of the fee shall be determined by the director, based on the cost of administrating the reservation,, processing the application, and guaranteeing the availability of the facility.

C. The applicant shall submit a reservation fee at the time of the park use application submittal. The amount of reservation fee shall be determined by the director, based on the actual cost of posting the permit, supervising the group gathering and inspecting the recreation area after the conclusion of the group gathering. The director may establish a fee schedule discounting the reservation fee for applicants residing within Palm Desert. The reservation fee shall be refundable only when:

1. The director receives a written notice from the responsible person or chairman of the group canceling the permit; and

2. The notice canceling the permit is received a minimum of one day (twenty-four hours) prior to the permitted event; and

3. No city or public entity funds were expended for recreation improvements prior to the written cancellation. If funds were expended by the permitted organization or group, the group is entitled to the difference between the fee and the expenditures, if any.

D. The applicant shall submit to the director any and all special fees as described in this code including but not limited to Section 11.01.180, additional alternate power sources — Approval, inspection and fees. These fees shall be imposed by the director and are not refundable.

E. The director shall keep a list of current park use fees and charges associated with the reservation of the recreation and park amenities for dissemination to the public. The director shall also keep a current procedure for payment of said fees along with the rules and regulations of all park use.

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

The director shall issue a permit as provided for by this chapter when, after investigation and consideration of information contained in the application, or information from any other source, he finds that:

A. The holding or conducting of such outdoor gathering will not substantially interrupt or prevent the safe and orderly use of the public park by persons other than those attending the group gathering;

B. The concentration of and conduct of persons attending such group gathering will not unduly interfere with the proper police and fire protection of, or ambulance service to, the public park or areas contiguous to the public park;

C. The holding or conducting of such group gathering not reasonably likely to cause injury to person or property or to provoke disorderly conduct or create a disturbance;

D. The holding or conducting of such group gathering will not require the diversion of so great a number of police officers to maintain proper order, so as to prevent normal police protection to the city;

E. Such group gathering is not to be held for the sole purpose of advertising the goods, wares, services or merchandise of an individual or specific groups of business establishments or wholesale or retail vendors.

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

The director shall act upon the application for a group gathering permit within ten days after the filing thereof. If the director disapproves the application, he shall mail to the applicant within fifteen days after the date upon which the application has been filed a notice of his action, stating the reasons for his denial of the permit. Such notice shall be in writing and mailed to the address by the applicant on the application for permit.

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

The director shall have discretionary authority to consider any application for a permit for a group gathering which is filed less than thirty days before the date such group gathering is proposed to be held.

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

Any person who has been denied a permit required by this chapter may appeal to the city council by filing a written notice of the appeal within five days after the mailing by the director of the notice of rejection or denial.

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

Immediately upon the granting of a permit for a special event, the director shall send a copy of the approved permit to the following:

A. City manager;

B. Desert recreation district;

C. Fire chief;

D. Riverside County sheriff's department;

E. Development services director;

F. Economic development director;

G. City risk manager;

H. Any public official whose authority or functions may be affected by the holding of a group gathering or problems which may arise as a result of the group gathering.

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

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)