Chapter 11.08 — DISORDERLY CONDUCT

• (a) No person shall drink, use or consume any alcoholic beverage, as defined in Section 23004 (and related sections) of the Business and Professions Code of the state of California, upon any public street, sidewalk, highway, road, lane or alley, or in or upon any other publiclyowned 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 of this section shall not apply, however, to the park and recreation areas regulated under Chapter 11.44 of this code.

• (b) No person shall, in or upon any of the places listed in subsection (a) of this section, have in possession any alco-holic beverage defined as in subsection (a) 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 subsection 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 through a place listed in subsection (a) of this section, the starting point and destination point both being places other than those listed in subsection (a). Further, this subsection shall not apply to park and recreation areas regulated under Chapter 11.44 of this code.

• (c) No person shall do or commit any act prohibited in subsections (a) or (b) of this section 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) Subsections (a) and (b) of this section 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 subsections 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 subsections (a) or (b).

• (Ord. 980 § 1, 1974)

• (a) During that period known as Easter week, no person shall drink, use or consume any alcoholic beverage, as defined in Section 23004 (and related sections) of the Business and Professions Code of the state of California, when such person is on a pool deck of a hotel, public areas surrounding the swimming pools, or area open to public access, having not less than six dwelling units, from 11:00 p.m. until 6:00 a.m. the following day. This subsection shall not apply to any hotel establishment having a retail on-sale license issued by the Department of Alcoholic Beverage Control.

• (b) For the purpose of this section, the following definitions shall apply:

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City of Palm Springs, CA § 11.08.007

PALM SPRINGS CODE

§ 11.08.070

"Easter week" shall be defined as the period commencing one week prior to Good Friday and terminating the Monday after Easter Sunday.

"Hotel" shall be defined as any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to dwelling, lodging or sleeping purposes and includes any hotel, inn, motel, studio hotel, bachelor hotel, lodginghouse or roominghouse.

• (c) It shall be an infraction for any person to violate any of the provisions of this section and upon conviction thereof shall be punished as provided in Section 1.01.155 of the Palm Springs Municipal Code.

• (Ord. 1371 § 1, 1991)

Because of the mass violations of civil disobedience prevalent during certain occasions in this area and in order to preserve the peace at all times, a person is guilty of disorderly conduct within the city limits if, with a purpose to cause public danger, alarm, disorder, nuisance and with intent and knowledge thereof a person wilfully by overt conduct does any of the following acts covered in this chapter.

(Prior code § 4021)

No person shall create a disturbance of the public order by an act of violence or by any act likely to produce violence.

(Prior code § 4022)

No person shall engage in fighting, or in violent, threatening or tumultuous behavior. (Prior code § 4023)

No person shall make any unreasonably loud noise to the extent that it appreciably imposes upon the privacy and rights of others. (Prior code § 4024)

No person shall address abusive language or threats to any other person to the extent that it creates a clear and present danger of violence. (Prior code § 4025)

No person shall cause likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer, where three or more persons are committing acts of disorderly conduct in the immediate vicinity. (Prior code § 4026)

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City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.08.070

§ 11.08.080

No person shall damage, befoul or disturb public property or property of another so as to create a hazard, unhealthy or physically offensive condition. (Prior code § 4027)

No person shall commit a trespass on residential property or on public property. "Trespass" for the purpose of this section means:

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

• (2) Entering upon, or refusing to leave, any public property in violation of regulations promulgated by either: (A) for public agencies other than the city, the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property; or (B) for the city, the city manager, where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer.

• (Prior code § 4028; Ord. 2081, 2/9/2023)

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City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.10.010

§ 11.10.050