1.01 — CODE ADOPTED

There is hereby adopted the "Palm Springs Municipal Code," as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 1589 § 1, 2000)

This code shall be known as the "Palm Springs Municipal Code" and it shall be sufficient to refer to said code as the "Palm Springs Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Palm Springs Municipal Code." References may be made to the titles, chapters, sections and subsections of the "Palm Springs Municipal Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code.

(Ord. 1589 § 2, 2000)

Whenever a reference is made to this code as the "Palm Springs Municipal Code" or to any portion thereof, or to any ordinance of the city of Palm Springs, California, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

(Ord. 1589 § 3, 2000)

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.

(Ord. 1589 § 4, 2000)

The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 1589 § 5, 2000)

The last ordinance included in this code was Ordinance 1566, passed 2/3/99. The following

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City of Palm Springs, CA § 1.01.050

PALM SPRINGS CODE

§ 1.01.110

ordinances, passed subsequent to Ordinance 1566, but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinances 1567 through 1586. (Ord. 1589 § 6, 2000)

The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of the code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. (Ord. 1589 § 7, 2000)

References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this code. (Ord. 1589 § 9, 2000)

The tables and index included for reference purposes near the end of the Palm Springs Municipal Code volume shall not be deemed legislative in character or integral to said code, but have been included for convenience purposes and shall be deemed editorial only, and may be revised, amended, modified, updated and otherwise improved from time to time without specific action or authorization from this city council, by the city clerk or by any persons assisting the city clerk in the function of maintaining and supplementing the Palm Springs Municipal Code including any person, firm or corporation providing such services under contract. (Ord. 949 § 6, 1973)

This code shall refer only to the omission or commission of acts within the territorial limits of the city of Palm Springs and that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

(Prior code § 0213)

All references in this code to places, acts, persons or things and all else in relation to this code shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not. (Prior code § 0214)

The use of the title of any officer, employee, office, department, board, commission or ordinance shall mean such officer, employee, office, department, board, commission or ordinance of the city of Palm Springs, unless otherwise designated. (Prior code § 0215)

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City of Palm Springs, CA

GENERAL PROVISIONS

§ 1.01.110

§ 1.01.145

As used in this code, unless a different meaning is apparent from the context or is specified elsewhere in the code:

"City" means the city of Palm Springs, California;

"City Manager" means the City Manager of the City or the designee or designees of the City Manager.

"Council" means the city council of this city;

"Council median" means an amount equal to the median of salary paid to council-members of charter cities in the Coachella Valley as of January 1st of each year immediately following a year in which a regular municipal election is conducted, rounded to the nearest one dollar.

"Emergency order" means any rule or regulation that is made by the Director of Emergency Services Director, pursuant to Palm Springs Municipal Code section 2.20.050(a)(6)(A).

"Oath" includes affirmation;

"Person" means and includes person, firm, partnership, association, corporation, company or organization of any kind;

"Section," "chapter" and "title" mean, respectively, section, chapter and title of this code;

"Shall" and "must" are mandatory and "may" is permissive;

"Written" includes every form of legible recording.

Words and phrases not defined in this code are construed according to the approved usage of the language.

(Prior code §§ 0216—0217; Ord. 1716 § 1, 2007; Ord. 1845 § 1, 2014; Ord. 2026 § 2, 2020)

Number. The singular number includes the plural, and the plural the singular.

Gender. Words used in the masculine gender include the feminine and neuter.

Tense. Words used in the present tense include the future. (Prior code §§ 0218—0218.2)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of the ordinance codified in this section, the Palm Springs Municipal Code, or any Emergency Order. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinance codified in this section, the provisions of the Palm Springs Municipal Code, or any Emergency Order shall be guilty of a misdemeanor unless: (1) the violation is classified as an infraction in the State Vehicle Code or the Palm Springs Municipal Code in which case the person shall be guilty of an infraction; or (2) the city attorney files a complaint charging the offense as an infraction; or (3) a public safety officer or an enforcement officer, as defined in Chapter 1.06 of the Palm Springs Municipal Code issues a citation charging the offense as an infraction.

(Prior code § 0311; Ord. 949 § 5, 1973; Ord. 1368 § 1, 1991; Ord. 1408 §1, 1992; Ord. 1409 § 1, 1992; Ord. 1679 § 1, 2005; Ord. 1696 § 1, 2006; Ord. 2026 § 3, 2020)

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City of Palm Springs, CA § 1.01.145

PALM SPRINGS CODE

§ 1.01.170

It is unlawful for any business to violate any provision or to fail to comply with any of the requirements of the ordinance codified in this section, or the Palm Springs Municipal Code, or any Emergency Order. Any business violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinance codified in this section, or the provisions of the Palm Springs Municipal Code, or any Emergency Order shall be subject to business license revocation proceedings, pursuant to Chapter 3.64 of this code. (Ord. 2026 § 4, 2020)

Any person who commits a second or subsequent violation of the same provision of this code within one year of the commission of the first such violation shall be guilty of a misdemeanor for each such violation and shall be subject to penalties as provided in Section 1.01.160, unless the city attorney files a complaint charging the offense as an infraction. Each day or portion thereof that a person, firm or corporation permits a violation of this code to continue shall constitute a separate and subsequent offense. The issuance of an administrative citation pursuant to the provisions of Chapter 1.06 of this code shall be deemed a violation pursuant to the provisions of this section.

(Prior code § 0312; Ord. 949 § 5, 1973; Ord. 1408 § 1, 1992; Ord. 1409 § 1, 1992; Ord. 1679 § 2, 2005)

Any person convicted of an infraction for violation of an ordinance of the city is punishable by:

• (1) A fine not exceeding one hundred dollars for a first violation;

• (2) A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

• (3) A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

• (Ord. 1368 § 2, 1991)

Any person convicted of a misdemeanor under the provisions of this code (unless otherwise provided herein) shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the city jail or in the Riverside County jail for a period of not more than six months, or by both such fine and imprisonment.

(Prior code § 0313; Ord. 949 § 5, 1973; Ord. 1368 § 3, 1991)

Any violation of the Palm Springs Municipal Code is a public nuisance. (Ord. 1260 § 1, 1986)

The city manager and all other code enforcement officials or officers of the city have the

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City of Palm Springs, CA

GENERAL PROVISIONS

§ 1.01.170

§ 1.01.190

authority and powers necessary to abate public nuisances and gain compliance with the provisions of this code and applicable state codes. These powers include but are not limited to the power to enter and inspect public and private property and the authority to use whatever judicial and administrative remedies are available under this code and any applicable state codes, including the issuance of administrative citations pursuant to Chapter 1.06 of this code, the ability to revoke a business license pursuant to the provisions of Section 1.01.145 and Title 3, Division II of this code, and in the case of enforcement officers designated pursuant to the provisions of Chapter 1.08 of this code (other than peace officers whose powers are otherwise specified in the Penal Code), the power to arrest and issue criminal citations as provided under Penal Code Section 836.5 with respect to provisions of this code and applicable state codes it is their discretionary duty to enforce.

(Prior code § 0314; Ord. 949 § 5, 1973; Ord. 1260 § 2, 1986; Ord. 1669 § 1, 2005; Ord. 2026 § 5, 2020)

Pursuant to California Government Code Section 38773, the city has authority to judicially abate public nuisances by filing criminal or civil actions. The city also has the authority under state law to make the expense of abatement of the nuisance a special assessment, or a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1 or 38773.5. (Ord. 1669 § 2, 2005)

There shall be no civil liability on the part of and no cause of action shall arise against any enforcement officer acting pursuant to this section and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the enforcement officer at the time of such arrest had reasonable cause to believe was lawful. An enforcement officer shall not be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (Ord. 1669 § 3, 2005)

Whenever the municipal court of the desert judicial district imposes sentence upon a prisoner to be served in the city jail, it shall be the policy of the city that such prisoner shall work on public property or public works. The extent and nature of the work shall be as determined by the chief of police.

(Prior code § 0315)

Whenever a notice is required to be given under this code (unless different provisions are otherwise specifically made herein) such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

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City of Palm Springs, CA § 1.01.190

PALM SPRINGS CODE

§ 1.01.231

(Prior code § 0411)

Proof of giving any notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of eighteen years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned. (Prior code § 0412)

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

(Ord. 1589 § 8, 2000)

The Palm Springs Municipal Code shall become effective on the date that the adopting ordinance codified in this chapter shall take effect and be enforced. (Ord. 949 § 8, 1973)

§ 1.01.230. Adoption of Section 1094.6 of the Code of Civil Procedure.

• (a) The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to decisions of the mayor and city council and of any commission, board, officer or agent of the city of Palm Springs.

• (b) As used in this section "decision" means an adjudicatory administrative decision made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance.

• (Ord. 1162 § 1, 1982)

• A. Notwithstanding any other provision in this Code to the contrary, all claims against the City with respect to any fee required pursuant to this Code and claimed to have been overpaid, paid more than once, or collected, imposed or received by the City in a manner not permitted by law, including without limitation any claim that such fee was imposed in violation of constitutional or statutory law, shall be presented within the time and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this Section. Such fees may be refunded as provided in this Section.

• B. Except as expressly provided in this Code, no refund shall be paid unless the claimant, who actually paid the Fee for which a refund is sought produces written records that establish the right to the claimed refund.

• C. Any claim made pursuant to this Section must be made in the manner and form prescribed by Chapter 3.16 of this Code.

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City of Palm Springs, CA

GENERAL PROVISIONS

§ 1.01.231

§ 1.01.240

• (Ord. 1756 § 3, 2009)

In addition to all other remedies, the city may bring a civil action to enforce the provisions of this code, in which a court may impose the following remedies:

• (1) An injunction or any other appropriate equitable remedy;

• (2) Civil penalties in an amount not to exceed five hundred dollars per violation for each day, payable to the city, against any person who commits, continues, operates, allows or maintains any violation of any provision of this code;

• (3) Reimbursement of city administrative and abatement costs, including but not limited to investigative costs incurred in the enforcement of the provisions of this code; and

• (4) Award of attorneys' fees, where the city has elected at the initiation of the action to seek the recovery of such fees, in which case the prevailing party in such action shall be entitled to an award of attorneys' fees in an amount which shall not exceed the reasonable attorneys' fees incurred by the city.

• (Ord. 1669 § 4, 2005)

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City of Palm Springs, CA

GENERAL PROVISIONS

§ 1.04.010

§ 1.04.030

CHAPTER 1.04 CITY SEAL