Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 829 of 883 Riverside County, as such boundaries may be adjusted from time to time as allowed for under the law.
CONTRACT
A written agreement or evidence of any tenancy that allows or provides for the short-term rental of property.
DESIGNATED HEARING OFFICER
The enforcement hearing officer appointed pursuant to Chapter 12 of this Code and subject to the independence and disqualification requirements of Section 12.12.03 of that Chapter.
ENHANCED ENFORCEMENT STATUS
The status of a property described in Section 95C.10(C)(2) of this Code.
DE-LIST or DE-LISTING
To remove or suppress a short-term rental listing from public display and to disable the ability of any person to advertise, reserve, book, pay for, or otherwise facilitate occupancy of the short-term rental through a marketplace. De-listing does not require the deletion of records that the short-term rental facilitator is otherwise required or permitted to retain.
HOSTING PLATFORM
A person or entity that participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. "Hosting platforms" usually, though not necessarily, conduct booking transactions through an internet-based platform that allows an operator or owner to advertise a rental unit on a website provided by the "hosting platform" and potential renters to arrange use and payment, whether the renter pays rent directly to the operator, owner or the "hosting platform."
For purposes of this chapter, a hosting platform is deemed to be a “short-term rental facilitator” and is subject to all obligations imposed on short-term rental facilitators under this chapter and state law.
LOCAL CONTACT PERSON
The person designated by the owner who shall be available 24 hours per day, seven days per week for the purpose of: (1) responding in person to the short-term rental within 45 minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit; and (2) taking remedial action to resolve any such complaints. The "local contact person" must reside in the Coachella Valley.
MARKETPLACE
A physical or electronic place, including, but not limited to, a store, booth, internet website, catalog, television or radio broadcast, or a dedicated sales software application, where a person facilitates the occupancy of a short-term rental for delivery within the City.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 830 of 883
MULTI-FAMILY HOUSING
Any complex, structure or a portion of a structure zoned, used and/or designated as rental dwellings and that includes two or more independent dwelling units. This includes, but is not limited to, duplexes, triplexes, quadriplex, apartments, and townhouses.
OCCUPANT
An individual that is present on the property during the duration of the short-term rental contracted stay. An "occupant" may also be a responsible person. Persons hired by the owner to perform bona fide cleaning, maintenance, landscaping, construction, repair or similar services on the property will not be considered to be "occupants," provided said persons are solely engaged in activities directly related to the services for which they were hired. Children under five (5) years of age are occupants for all purposes of this chapter, including the responsibility of the responsible person for their conduct, but shall not be counted toward any occupancy limit or gathering allowance established by this chapter.
ORDINARY DAYTIME GATHERING
A gathering of the registered occupants of a short-term rental and their invitees that satisfies each of the requirements of Section 37.012(B)(2)(b).
OWNER
The person(s), corporation(s) or other legal entity(ies) that hold(s) legal and/or equitable title to the property used as a short-term rental.
PARTY HOUSE
Any residential dwelling or short-term rental that is used, allowed, or operated in a manner in which the primary or repeated use of the premises is for events, parties, receptions, concerts, or other large social gatherings, whether or not a fee or other consideration is charged or collected, such that the dwelling functions in whole or in part as an event venue, banquet facility, nightclub, bar, or similar commercial or assembly use rather than for bona fide transient lodging by registered occupants.
Evidence that a property is being used or operated as a party house may include, but is not limited to, the advertising or promotion of events, parties, or gatherings at the property; the charging of admission, cover charges, or similar fees for entrance or participation; the repeated or primary use of the property for gatherings rather than lodging; a gathering that exceeds the daytime occupancy limits of Section 37.012(B)(2) and does not qualify as an Ordinary Daytime Gathering; professional or commercially amplified concert-style entertainment or professional event-production or staging services; or substantiated noise violations.
An Ordinary Daytime Gathering conducted in compliance with Section
37.012(B)(2), and a Regulated Residential Event conducted in compliance with a valid permit issued under Chapter 4.28 of the Unified Development Code, are not evidence that a property is a party house.
PERMIT and RENEWAL PERMIT
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 831 of 883 A permit that allows the use of a privately owned residential dwelling unit as a short-term rental pursuant to the provisions of this chapter.
PERMIT ADMINISTRATOR
The Finance Director or such other city employee as may be designated by the City Manager to administer the provisions of this chapter.
PERMITTEE
The short-term rental operator named on a permit issued pursuant to this chapter.
PROPERTY
A residential legal lot of record on which a short-term rental is located. Where a short-term rental is located on a property treated as a single Property under Chapter 4.28 of the Unified Development Code, the occupancy limits of this chapter apply to each dwelling unit separately.
PROSPECTIVE OWNER APPLICANT
A person or entity that is contractually obligated to acquire ownership of a property under a written purchase agreement or escrow and that seeks preliminary processing of an application before acquiring title.
PROVISIONAL OPERATING AUTHORIZATION
A temporary, conditional authorization issued by the Permit Administrator after a prospective owner applicant acquires title to a property. A provisional operating authorization is not a short-term rental permit, does not constitute a transfer or continuation of the prior owner’s permit, creates no vested right, and may be immediately suspended or revoked.
RECREATIONAL VEHICLE
A vehicle intended for temporary occupancy, with or without a motor, including without limitation any automobile, motorhome, travel trailer, truck campers, camping trailers, park trailers, fifth wheel trailers, house cars, trailer coaches, slide in or pop up campers, truck campers, tent trailers and any boat or house boat.
RESPONSIBLE PERSON
The signatory on the contract for a short-term rental and/or any person(s) occupying the short-term rental without a contract and whom is legally responsible for ensuring that all occupants of the short-term rental comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit.
SHORT-TERM RENTAL
Any privately owned residential dwelling, as defined by the city's zoning ordinance, that is offered for rent and/or rented by the owner to another party with or without a contract for transient lodging purposes for a period of not more than 30 consecutive calendar days in exchange for any form of monetary or non-monetary
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 832 of 883 consideration, including but not limited to trade, fee, swap or any other consideration in lieu of cash payment. A short-term rental shall be used solely for transient lodging by registered occupants and their invitees and for normal residential activities incidental thereto, and shall not be used or operated as an event venue, “party house,” or other commercial or assembly use. The term "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging that is located on the same property as the "short-term rental," including but not limited to a vehicle parked on the property, storage sheds, mobile homes, recreational vehicles (RVs), car trailers, boats or similar watercrafts, or any temporary structure, including but not limited to camping tents and tree houses.
SHORT-TERM RENTAL OPERATOR or OPERATOR
For purposes of this chapter, the owner to whom the City has issued a short-term rental permit and who is personally responsible for the advertising, renting, operation, management, and maintenance of the short-term rental. An owner’s agent, property manager, local contact person, hosting platform, or short-term rental facilitator does not become the operator or permittee by acting on behalf of the operator.
SHORT-TERM RENTAL FACILITATOR
A person or entity that facilitates for consideration, regardless of whether it is deducted as fees from the transaction, the occupancy of a short-term rental that is not owned by the person facilitating the rental, through a marketplace operated by that person or a related person or entity, and that meets the criteria of Government Code section 50991, subdivision (g), as that section may be amended from time to time. For purposes of this chapter, a “short-term rental facilitator” includes any “hosting platform” as defined in this chapter.
TRANSIENT LODGING
The temporary occupancy of a residential dwelling by one or more persons for a limited duration, where such persons maintain a principal place of residence elsewhere and the primary purpose of the occupancy is lodging and ordinary residential living activities incidental to lodging by the registered occupants and their invitees. Transient lodging does not include the use of a dwelling or short-term rental as an event venue, “party house,” or other commercial or assembly uses.
TRANSIENT OCCUPANCY TAX CERTIFICATION
The transient occupancy registration certificate, account number, or other official transient occupancy tax identification issued by the City pursuant to Chapter 34 of this Code to an operator or property for purposes of collecting and remitting the City’s transient occupancy tax. The term “transient occupancy tax certification” is intended to be construed consistently with Government Code section 50994, as that section may be amended from time to time.
§ 37.003 Authorized agent or representative.
An owner may authorize an agent or representative to comply with the requirements of this chapter on behalf of the owner ("owner's agent"), unless the
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 833 of 883 requirement is to be fulfilled solely by the owner. Notwithstanding, the owner shall not be relieved from any personal liability for noncompliance with any provisions of this chapter or with any applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental, regardless of whether such noncompliance was committed by the owner's agent or the occupants of the owner's short-term rental or their guests. Failure of an owner's agent to comply with this chapter shall be deemed noncompliance by the owner. § 37.004 Permit requirement.
(A) No owner or any other person, shall advertise, cause, allow, conduct, permit, maintain or facilitate a short-term rental at any residential dwelling unit in the city without first obtaining a permit pursuant to this chapter, and complying with all other applicable provisions of the Indio Municipal Code ("Municipal Code") such as the maintenance of a business license as set forth in Chapter 110 of the Municipal Code and compliance with the city's transient occupancy tax ordinance set forth in Chapter 34 of the Municipal Code.
(B) Failure to obtain an initial permit or renewal permit before renting and/or advertising the short-term rental shall result in fines, penalties and other remedies as provided for in this chapter, including but not limited to future denial of such permit.
(C) The permit shall be valid only for the number of bedrooms the city establishes as eligible for listing as a short-term rental.
(D) The permit authorizes the use of the dwelling solely as a short-term rental for transient lodging purposes, including Ordinary Daytime Gatherings conducted in compliance with Section 37.012(B)(2), and does not authorize its use as an event venue, “party house,” or other commercial or assembly use. A Regulated Residential Event at a short-term rental requires a separate permit under Chapter
4.28 of the Unified Development Code, as provided in Section 37.015(M). § 37.005 Short-term rental permit application.
(A) The owner is required to submit an application, signed by the owner, and obtain a permit from the city pursuant to the provisions of this chapter, before renting any short-term rental. The application shall be in the form provided for by the city and shall be submitted to the Permit Administrator.
(B) The short-term permit application and annual renewal application shall be accompanied by an application fee in the amount established by resolution of the City Council.
(C) The owner shall submit the following information and/or documents as part of its application or renewal application:
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 834 of 883 (1) The name, address, telephone number and email address of the owner of the property;
(2) A copy of the owner's current state-issued driver's license or identification card;
(3) The name, address, telephone numbers and email addresses of any other natural persons, limited liability companies or personal or family trusts that hold any financial interests in the property as well as copies of legal documents creating such financial interests;
(4) The name, address, telephone number and email address of the owner's authorized agent or representative, if any;
(5) The name, address, telephone number and email address of the local contact person available 24 hours a day;
(6) The address of the short-term rental;
(7) The number of bedrooms and the applicable occupancy limit of the shortterm rental; (8) A parking plan indicating the areas where parking is legally available on the property for all vehicles belonging to the occupants; (9) The Uniform Resource Locator (URL) (i.e., website address) for any and all advertisements of the short-term rental of the property; (10) A photo of the front of the short-term rental sufficient to allow the city to visually identify the unit;
(11) An executed indemnification and hold harmless agreement in the form approved by the City Attorney;
(12) Such other information as the Permit Administrator deems reasonably necessary to administer this chapter.
(D) If a short-term rental is located on a property in any area governed by a homeowners' association or community association ("association") and subject to covenants, conditions and restrictions ("CC&Rs"), the applicant shall submit a letter from the association's governing board stating that the CC&Rs and the rules and regulations of the association do not prohibit short-term rentals from operating, including the short-term rental proposed by the applicant. For short-term rentals subject to CC&Rs but not within an association, a copy of the CC&Rs shall be submitted with the application and the applicant shall identify the relevant provisions that demonstrate that short-term rentals are neither regulated nor
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 835 of 883 clearly prohibited by the CC&Rs. A permit shall not be issued where short-term rentals are prohibited by the CC&Rs.
(E) The permit application shall include an affidavit signed by the owner under penalty of perjury attesting that all the information in the application is correct and that the owner maintains full responsibility that the short-term rental shall be advertised, rented, operated and maintained in compliance with this chapter and all other relevant provisions of the Municipal Code.
(F) The owner shall provide proof of general liability insurance that covers the rental of the property as a short-term rental in the aggregate sum of not less than $1,000,000. Alternatively, the owner can provide evidence that each rental occurs through a platform that provides equal or greater insurance coverage. Proof of insurance shall be provided at the time of both initial permit and renewal permit issuance and shall remain in effect for the duration of the annual permit. Failure to maintain liability insurance shall result in suspension of the permit. (G) The permit application shall be accompanied by a consent to inspection form signed by the owner of the property by which the owner agrees and consents to a building, fire and health and safety inspection in addition to the inspection fee in the amount established by resolution of the City Council. No inspection shall occur that is inconsistent with an individual's fourth amendment rights under the United States Constitution or otherwise in violation of rights guaranteed by law. § 37.006 Inspection.
(A) Prior to the issuance of a new permit or a renewal permit, the city shall conduct a building, fire and health and safety inspection of the short-term rental for compliance with this chapter, including verifying the number of bedrooms that were originally permitted and authorized under the original certificate of occupancy for the property as well as verifying that no space has been converted into a bedroom or living space without all required permits. An inspection conducted by city staff will be required for every application for a new permit for a short-term rental and every five years thereafter for the same short term rental permit as long as the owner has been in compliance with this chapter. In the intervening years, the owner shall renew the permit in the manner set forth in this chapter and in lieu of a city inspection, the owner may submit a self-certification signed by the owner on a form approved by the city. Notwithstanding, the city reserves the ability to require a city-conducted inspection at the time permit renewal for any reason. (B) Inspection of the short-term rental by city staff shall be scheduled within 30 days of: (i) receipt of a completed application; (ii) at the next annual renewal following any verified violation involving occupancy, fire or life safety, unpermitted construction, an unauthorized bedroom, refusal of access, a party house, or a condition requiring corrective action; and (iii) at any other time the Permit Administrator reasonably determines that an inspection is necessary based on complaints, observed conditions, changes to the property, discrepancies in City records, or information indicating possible noncompliance. If corrections are
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 836 of 883 required, the owner shall complete the corrections within 30 days of being notified by the city. An extension may be provided by the Permit Administrator, however, failure to make the corrections shall result in the denial of the permit. A reinspection (and accompanying reinspection fee) may be required with respect to the corrections.
(C) No permit or provisional operating authorization shall be issued, and an existing permit or authorization may be suspended, when the City determines that:
(1) A bedroom, sleeping area, garage, accessory structure, enclosed patio, addition, or other habitable area was constructed, converted, or altered without all required permits;
(2) Unpermitted work affects required exits, fire separation, smoke or carbon-monoxide protection, electrical, plumbing, mechanical, structural, pool or spa safety, occupancy, or other life-safety requirements; (3) The configuration or use of the property materially differs from approved plans, the certificate of occupancy, or City building records; or (4) Any condition exists that presents a threat to the health, safety, or welfare of occupants or the public.
A prior STR permit, inspection, renewal, self-certification, tax registration, or business license does not legalize unpermitted construction or prevent the City from requiring correction.
(D) When unpermitted work does not create an immediate life-safety risk and does not affect bedrooms, sleeping areas, maximum occupancy, required parking, exits, pools or spas, or habitable space, the Permit Administrator may allow a specified correction period. During that period, the affected area shall not be advertised, occupied, or used in connection with the STR. Failure to obtain the required permits, complete corrections, and pass reinspection by the stated deadline shall result in denial, suspension, or revocation.
(E) Unpermitted construction involving a bedroom, sleeping area, garage conversion, habitable area, occupancy, required exit, electrical hazard, structural condition, or pool or spa safety shall disqualify the property from provisional operation until the work has been legalized or removed and the property has passed reinspection.
§ 37.007 Application investigation.
(A) Upon receipt of a completed application, the Permit Administrator shall cause an investigation of the applicant and the application as submitted. As part of the investigation, the number of bedrooms in a short-term rental shall be verified by the Permit Administrator using County Assessor and/or city building records, prior to the issuance of a permit.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 837 of 883 (B) The city shall have up to 30 days to process the application, however, no permit shall be issued until such time as the application investigation is complete. The applicant shall be notified of the result in writing.
§ 37.008 Approval or denial of permit.
(A) If, as a result of the investigation conducted by the city, the applicant is found to satisfy all of the requirements of this chapter and no grounds for denial exist, the application shall be approved, and a permit (or renewal permit) shall be issued to the applicant.
(B) The Permit Administrator shall deny an application for a permit (or renewal permit) or may revoke, suspend or modify a permit if any of the following findings are made:
(1) Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail; (2) The owner failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The owner is delinquent in payment of any city taxes, assessments, fines, or penalties in relation to short-term rental;
(4) If the owner has had a prior short-term rental permit suspended or revoked or has been cited for violating any provision of the Municipal Code relating to any short-term rental property in the city within the past 12 months; (5) The applicant has failed to pay any previous administrative fines, remediate any other violations, and/or complete any other alternative disposition associated with a previous violation of this chapter related to the operation of a short-term rental;
(6) If there is evidence that any governing documents, including CC&Rs, of a common interest development, or the rules or regulations enacted by the association governing the common interest development, prohibit the use of a property for short-term rental purposes;
(7) The applicant has failed to demonstrate an ability to conform to the operational requirements and performance standards set forth in § 37.012; (8) If, at the time the permit application is being submitted, the city has commenced any enforcement proceedings against the owner with respect to the property for which the owner seeks a permit or renewal of a permit;
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 838 of 883 (9) The short-term rental does not comply with all applicable codes regarding fire, building and safety and other relevant laws, ordinance or regulations, including any conditions placed on the permit by the city.
If the permit application is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.
(C) The Permit Administrator shall have the authority to impose additional conditions on the permit for the use of any short-term rental to ensure that any potential secondary effects unique to the subject rental unit are avoided or adequately mitigated. Such conditions include but are not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time-stamped noise level data from the property that will be made available to the city upon city's reasonable request, or occupancy counting device that monitors the number of persons at the property.
(D) The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the number of bedrooms eligible for listing, the maximum occupancy, the date of issuance and term of the permit, a permit registration number, and the signature of the Permit Administrator or his or her designee.
(E) Within 30 days of the issuance of the short-term rental permit or renewal of such permit, the city shall mail a notice to all owners and occupants of residences within 500 feet of the parcel boundaries of the short-term rental notifying the residents that a permit has been issued and providing information regarding how to lodge complaints, if any, regarding the short-term rental. § 37.009 Permit personal to operator; nontransferability; no property rights.
(A) A permit issued pursuant to this chapter is a personal privilege granted solely to the short-term rental operator identified on the permit. A permit is not appurtenant to the property, does not run with the land, and does not create or confer any vested right, property right, entitlement, or expectation of renewal. (B) A permit may not be sold, assigned, transferred, pledged, leased, sublicensed, inherited, or otherwise conveyed, voluntarily or involuntarily, to any other person or entity. An owner’s agent, property manager, local contact person, hosting platform, or short-term rental facilitator may not acquire any right or interest in the permit. (C) A permit automatically expires and becomes null and void, without notice or further action by the City, upon:
(1) A sale, conveyance, or other transfer of legal or equitable title to the property;
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 839 of 883 (2) A change of control of an entity that owns or operates the short-term rental;
(3) A transfer of the permittee’s ownership interest in the property to another person or entity, except for (a) a transfer expressly determined by the Permit Administrator not to result in a material change in beneficial ownership or control, or (b) a transfer to a revocable trust of which the permittee is a trustor and trustee, between spouses or registered domestic partners, to a spouse or registered domestic partner as a joint owner, or among members of the permittee’s immediate family, where the permittee remains an owner and the persons in control of the short-term rental operation do not change, provided that the permittee gives the Permit Administrator written notice of the transfer, with supporting documentation, within thirty (30) days after it becomes effective; or (4) The dissolution, termination, or cessation of legal existence of the permittee.
(D) The use of the same business name, property manager, local contact person, listing, listing photographs, hosting-platform account, permit number, or transient occupancy tax certification after a transfer does not continue or preserve the former operator’s permit.
(F) Notice before treating a permit as expired. Where the City determines from its own records or investigation, rather than from a notice given by the permittee under this section or Section 37.011, that a change of control or other transfer described in subsection (C) has occurred, the Permit Administrator shall give the permittee written notice of the determination and an opportunity of not less than thirty (30) days to submit an application under Section 37.011 or to demonstrate that the transfer falls within an exception under subsection (C)(3) before the property is treated as unpermitted for enforcement purposes. This subsection does not extend the term of any permit and does not apply where the property is being operated by a person other than the permittee.
(E) No person acquiring an ownership or beneficial interest in a property may advertise, offer, maintain, facilitate, or operate the property as a short-term rental unless that person has received a permit or provisional operating authorization issued in that person’s name, except as provided in subsection (C)(3)(b). § 37.010 Permit expiration and renewal.
(A) A permit shall be valid for 12 months from the date of issuance, and shall automatically expire and become null and void on the anniversary date of its issuance or upon sale or transfer of the property. The permit shall be renewed annually to remain valid. An invalid permit is equivalent to not having a permit. (B) An owner may apply for a permit renewal on a form provided by the city submitted at least 60 days prior to the expiration of his or her active short-term rental permit. The permit renewal application shall be processed in the same
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 840 of 883 manner as an application for a new permit and shall be approved or denied as set forth in § 37.008. Applications received after the deadline but before the expiration of the permit may be accepted at the discretion of the Permit Administrator. (C) Payment of the renewal fee shall be paid with the submission of the permit renewal application.
(D) Permit renewals are subject to any intervening changes in this chapter and renewal shall be denied if the short-term rental no longer qualifies under the requirements of this chapter, unless specifically exempted therefrom. (E) If a renewal application is not submitted and the fees not paid by the expiration of the existing permit, the owner is required to submit an application for a permit as if it was a new short-term rental accompanied by an application fee and a late penalty fee. The short-term rental may also be subject to an inspection conducted by city staff. Notwithstanding the foregoing, a renewal application submitted, with the renewal fee and a late fee established by City Council resolution, within thirty (30) days after the expiration of a permit that was in good standing shall be processed as a renewal, and the property shall not be treated as unpermitted during that thirty (30) day period unless the Permit Administrator has grounds for denial under Section 37.008(B).
§ 37.011 Change in ownership; prospective-owner application; provisional operating authorization.
(A) Termination of existing permit. Upon any sale, conveyance, transfer of title, or change of control affecting a property operated as a short-term rental, the existing permit automatically expires at the time the transfer becomes effective. The former operator shall immediately cease advertising and operating the property under the former operator’s permit number and shall notify the City of the transfer within five calendar days.
(B) Prospective-owner application. A prospective owner applicant may submit an application before acquiring title, provided that:
(1) The applicant submits evidence of an executed purchase agreement or open escrow;
(2) The current owner and prospective owner applicant each provide written authorization for the City to receive, review, and process the application; (3) The prospective owner applicant submits all information and documents that can reasonably be provided before closing;
(4) The prospective owner applicant pays the applicable application and inspection fees; and
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 841 of 883 (5) The prospective owner applicant acknowledges in writing that pre-closing processing does not authorize advertising, booking, rental, or operation of the property and does not guarantee issuance of a permit or provisional operating authorization.
(C) Preliminary processing. Before closing, the City may review the application, investigate the applicant, review City and County records, identify apparent deficiencies, and schedule an inspection. The City shall not issue a permit or provisional operating authorization before the prospective owner applicant acquires title.
(D) Post-closing documentation. Within three business days after closing, the prospective owner applicant shall provide:
(1) A recorded deed, final closing statement, or other evidence satisfactory to the Permit Administrator that title has transferred; (2) Updated insurance identifying the new owner and covering STR operations;
(3) Any required business-license and transient-occupancy-tax applications or certifications;
(4) A current owner affidavit and indemnification agreement; and (5) Any other information necessary to complete the application. (E) Provisional operating authorization. After receipt of the documentation required by subsection (D), the Permit Administrator may issue a provisional operating authorization if:
(1) The property was subject to a valid STR permit immediately before closing;
(2) The former permit was not suspended and was not subject to pending revocation proceedings;
(3) There are no outstanding administrative fines, taxes, correction notices, or unresolved violations associated with the STR operation or property; (4) The prospective owner application was substantially complete before closing;
(5) The required inspection has occurred or is scheduled to occur within thirty calendar days after closing; and
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 842 of 883 (6) The Permit Administrator has no reasonable basis to believe that operation of the property would threaten public health or safety or violate this chapter.
(F) Term and conditions. A provisional operating authorization:
(1) Shall be issued only to the new operator and shall be assigned a temporary authorization number;
(2) Shall expire thirty calendar days after issuance unless earlier replaced by a permit, suspended, or revoked;
(3) May be extended once for up to thirty additional days when final processing has been delayed solely because of the City’s inability to complete the inspection or application review;
(4) May not be extended because of an applicant’s failure to provide information, attend an inspection, or correct a violation; (5) Is subject to all operational requirements applicable to a permitted shortterm rental; and (6) May be immediately suspended or revoked for any violation of this chapter or any condition of the authorization.
(G) No automatic entitlement. Neither the filing of a prospective-owner application nor the prior operation of the property as an STR entitles the prospective owner applicant to a permit or provisional operating authorization. The City may deny the application or decline to issue a provisional operating authorization on any ground applicable to a new permit.
(H) Failure to close. A prospective-owner application shall be deemed withdrawn if title does not transfer within one hundred twenty days after submission, unless the Permit Administrator approves an extension for good cause. Fees shall be handled in accordance with the City’s adopted fee schedule.
(I) Pre-existing reservations. Any reservation accepted by the former operator for occupancy occurring after the transfer of the property may be honored only if: (1) the new operator has received a permit or provisional operating authorization; (2) the new operator has expressly assumed responsibility for the reservation and all applicable taxes; and (3) the listing and reservation records have been updated to identify the new operator and the new permit or provisional authorization number.
Existing reservations do not create any right to issuance of a permit or provisional operating authorization.
§ 37.012 Operational requirements and standards.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 843 of 883 (A) Compliance by owner, agents and occupants. The owner and/or owner's agent shall use reasonably prudent business practices to ensure the property used as a short-term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to its use and occupancy, including applicable codes regarding fire, building and safety, and shall further use reasonably prudent business practices to ensure the occupants of the short-term rental do not create noise in violation of Chapter 95C of the Indio Municipal Code or other disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental. (B) Maximum occupancy limits.
(1) Overnight Maximum Occupancy Limit. The owner shall limit overnight occupancy of the short-term rental to a specific number of occupants. Overnight occupancy shall not exceed four persons plus two persons for each bedroom verified by the City as lawfully permitted, as illustrated in the chart below, and shall continue to increase by two persons for each additional verified bedroom above eight (8), subject to any lower limit required by the Building Code, the Fire Code, or the capacity of the property’s onsite wastewater treatment system where the property is not connected to a public sewer. Children under five (5) years of age are not counted toward the overnight occupancy limit. As used in this section, "overnight occupancy" shall mean during the hours of 10:00 p.m. through 8:00 a.m. of the following day.
Bedrooms Occupancy
0-Studio 4
1 6
2 8
3 10
4 12
5 14
6 16
7 18
8 (plus 2 for each additional verified
bedroom)
20 (2) Daytime occupancy; Ordinary Daytime Gatherings.
(a) Daytime occupancy limit. For purposes of this section, “daytime occupancy” shall mean the total number of persons present on the property used as a short-term rental at any time between 8:00 a.m. and the beginning of Quiet Hours as defined in Chapter 95C of this Code, including all occupants and any invitees, but excluding persons hired by the owner to perform bona fide cleaning, maintenance, landscaping, construction, repair or similar services on the property who are solely engaged in activities directly related to the services for which they were hired, and excluding children under five (5) years of age. Except as provided in subsection (b) or as otherwise expressly authorized under this Code, daytime occupancy shall not exceed the maximum overnight occupancy limit for the shortPage 73 of 112 AGENDA ITEM #13.4 Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 844 of 883 term rental as established in subsection (B)(1) plus [four (4)] additional persons. [Alternative for City Council consideration: “, and in no event shall daytime occupancy under this subsection (a) exceed [thirty (30)] persons on the property at any one time.”]
(b) Ordinary Daytime Gatherings. The registered occupants of a short-term rental may host, during a contracted stay, an Ordinary Daytime Gathering of invitees for a purpose of the kind customarily hosted by a household at its home, including a birthday, family reunion, memorial, holiday or religious observance, graduation, team or school gathering, or similar occasion, and the presence of invitees at such a gathering shall not violate the daytime occupancy limit of subsection (a), provided that each of the following requirements is satisfied:
(1) The number of persons present on the property at any one time, including occupants, invitees, and casual helpers, but excluding hired service workers and children under five (5) years of age, does not exceed the lesser of (i) the exempt threshold established for the property under Section 4.28.04(B) of the Unified Development Code, or [forty (40)] persons for a property with a net lot area of less than one (1) acre, or (ii) [two (2)] times the maximum overnight occupancy limit established in subsection (B)(1);
(2) The gathering is conducted between [8:00 a.m.] and the beginning of Quiet Hours, and invitees who are not registered overnight occupants depart the property before the beginning of Quiet Hours;
(3) The gathering is not advertised, promoted, or held out to the public, and no admission, cover charge, rental fee, or other compensation is charged as a condition of attendance;
(4) The gathering does not include professional or commercially amplified concert-style entertainment or professional event-production or staging services, and all amplified sound complies with Chapter 95C of this Code and subsection (I) of this section;
(5) All vehicles of occupants and invitees are parked on the property or in the areas shown on the parking plan submitted under Section 37.005(C)(8), and not in front of any other residence;
(6) The responsible person is present on the property throughout the gathering;
(7) The responsible person has given the owner or the local contact person notice of the gathering, including its date, hours, and expected attendance, before it begins, and the owner has recorded that information in the informational form required by subsection (E) or a supplement to it, which shall be made available to the City upon request; [Alternative for City Council consideration: “and the owner has filed a notice of the gathering with the Permit Administrator through
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 845 of 883 the City’s short-term rental portal not less than [twenty-four (24)] hours before the gathering;”] and
(8) No more than [one (1)] Ordinary Daytime Gathering is held during any contracted stay, and no more than [twelve (12)] Ordinary Daytime Gatherings are held at the property in any rolling twelve (12) month period. (c) Effect of compliance. An Ordinary Daytime Gathering that satisfies each requirement of subsection (b) constitutes express authorization under this Code, is not a violation of this section, and shall not be considered evidence that the property is being used or operated as a party house. A gathering that does not satisfy each requirement of subsection (b) is subject to the daytime occupancy limit of subsection (a), and any presence on the property in excess of that limit is a violation of this section and may be considered evidence that the property is being used or operated as a party house in violation of this chapter. (d) Owner may restrict gatherings. Nothing in this subsection requires an owner to permit gatherings, and an owner may prohibit or further restrict Ordinary Daytime Gatherings by contract.
(e) Larger gatherings. A gathering at a short-term rental that exceeds the limits of subsections (a) and (b) and is not authorized by a valid permit issued under Chapter 4.28 of the Unified Development Code is prohibited, and, where it also meets the definition of a Regulated Residential Event under that Chapter, is enforceable under both this chapter and Chapter 4.28.
(C) Minimum age of renter. The owner shall not rent a short-term rental to a person that is under the age of 21.
(D) Maintenance of rental contracts to city. Owners shall maintain all short-term rental contracts (in electronic or paper form) for a period of three years from the date of occupancy. The exact number of occupants shall be included in the contract as well as all city municipal code requirements regulating occupancy limits, the requirements for Ordinary Daytime Gatherings under subsection (B)(2)(b), noise, outdoor amplified music prohibition, public nuisance, parking, trash, transient lodging uses only, no commercial activities and other code requirements related to the use and occupancy of the short-term rental.
(E) Submission of informational form. The owner shall obtain from the responsible person an "informational form," in the form provided by the city, which contains but is not limited to the following: (a) the name, address, telephone number and a copy of the valid government identification of the responsible person; (b) a list of the names of all occupants of the short-term rental; (c) a list of all vehicle information and license plate numbers of the responsible person and occupants and guests; and (d) the date, hours, and expected attendance of any Ordinary Daytime Gathering the responsible person intends to host, which may be supplemented before the gathering begins. The Permit Administrator is authorized to amend the information
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 846 of 883 required in the informational form pursuant to adoption of an administrative regulation as set forth in § 37.021.
(F) Prior to occupancy procedures. Prior to occupancy of a short-term rental, the owner or owner's agent or representative shall advise of or require the following from the responsible person:
(1) Provide the responsible person with the local contact person's 24-hour availability information;
(2) Require the responsible person to execute the informational form and an acknowledgment form, which provides that the responsible person understands that he or she is legally responsible for ensuring compliance by all occupants of the short-term rental and that their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental and that the responsible person must be present at the property during the duration of the short-term rental period ("acknowledgment form").
Both the informational form and the acknowledgment form shall be maintained by the owner for a minimum of three years and be made readily available upon request of the city.
(G) Posting of permit and owner's local contact person. The owner shall post a copy of the short-term rental permit, the name and phone number of the local contact person and a notice in the form required by the city of the applicable regulations near the primary entrance inside of the short-term rental. (H) Twenty-four hour availability. During the period of a short-term rental, the owner or owner's agency and/or the owner's local contact person shall be available 24 hours per day, seven days per week to respond to complaints regarding the condition, operation, or conduct of the occupants of the short-term rental, including responding in person at the location of the short-term rental. The local contact person's response to complaints can be made by telephone, text message or in person, however, in no event shall the response time exceed 15 minutes if responding by telephone or text or 45 minutes if an in-person response is required because of the severity of the complaint. If the local contact person is contacted directly by the city, the local contact person shall respond within 15 minutes of the city's telephone call or text message. If the city requests an in-person response, the local contact person shall respond in person at the location of the short-term rental within 45 minutes of the city's request. In all circumstances, complaints that the occupants of the short-term rental have created unreasonable or unlawful noise or disturbances in violation of Chapter 95C of the Municipal Code or the provisions of this chapter or are engaging in disorderly conduct, require an in-person response by the local contact person. Before issuing a citation for a noise violation at a shortterm rental that is not in Enhanced Enforcement Status, an enforcement official shall, when practicable, attempt to contact the local contact person as provided in Section 95C.10(C)(1) of this Code.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 847 of 883 (I) Amplified sound. At a minimum, the occupants of the short-term rental shall comply with the noise standards identified in Chapter 95C of the Municipal Code.
Except as may be expressly authorized by this Code:
(1) No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, public address system, DJ equipment, live band amplification, or any other machine, device, or equipment (including a cellular phone or other similar device) that produces or reproduces sound shall be operated in a manner that is plainly audible from outside of any short-term rental beyond the property line during Quiet Hours, as defined in Chapter 95C of this Code.
(2) No outdoor amplified sound equipment of any kind, including but not limited to DJ systems, live band amplification, public address systems, or commercial-grade speakers or subwoofers, shall be used on the exterior of the property during Quiet Hours, and at all other times outdoor amplified sound shall comply with the objective exterior noise standards of Section 95C.03A of this Code measured at the property line of any receiving residential property. (3) Any machine, device, or equipment that amplifies music or other sound inside any short-term rental shall not be plainly audible beyond the property line of the short-term rental at any time of day or night.
(4) Professional or commercially amplified concert-style entertainment and professional event-production or staging services are prohibited at a short-term rental absent a valid permit issued under Chapter 4.28 of the Unified Development Code. A small acoustic ensemble or a DJ operating within the standards of this subsection and Chapter 95C of this Code may perform at an Ordinary Daytime Gathering, but not during Quiet Hours where the sound is plainly audible beyond the property line.
(J) Noise outside of short-term rental. Occupants of the short-term rental shall be prohibited from using outdoor amenities, engaging in outdoor games, or any outdoor activities that create noise that is plainly audible beyond the property line, or that violates Chapter 95C of this Code, during Quiet Hours as defined in Chapter 95C. Outdoor amenities include, but are not limited to, patios, decks, balconies, pools, spas, fire pits, outdoor kitchens, and yard areas. (1) At all times, occupants shall use outdoor amenities only in a manner consistent with transient lodging and normal residential use. (2) No outdoor games, activities, or gatherings shall be conducted in a manner that results in shouting, singing, chanting, or other vocal or crowd noise plainly audible beyond the property line during Quiet Hours, or that violates Section 95C.03 of this Code, regardless of the hour.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 848 of 883 (3) A sign stating the outdoor noise and use restrictions, including Quiet Hours, the daytime occupancy limit, the requirements for Ordinary Daytime Gatherings, and the prohibition on party or event use of outdoor amenities, must be clearly visible near any spa and/or pool and posted on all interior doors leading to exterior amenities.
(K) Trash containers. The owner and/or occupants shall not allow trash and refuse to be stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days and in compliance with Section 95A of the Municipal Code. The owner of the shortterm rental shall provide sufficient trash collection containers and service to meet the demand of the occupants.
(L) No commercial vehicles or storage of delivered materials. The short-term rental use shall not involve the use of commercial vehicles for the delivery of materials to and from the premises beyond those commercial vehicles normally associated with residential uses nor storage of delivered materials beyond those items which would normally be associated with a residential use of property by the owner, or any occupant.
(M) Transient Lodging Only. The property shall be used solely for transient lodging by the registered occupants and their invitees, including Ordinary Daytime Gatherings conducted in compliance with subsection (B)(2), and shall not be used as an event venue, “party house,” or any commercial or assembly use except as expressly authorized by this Code, including a Regulated Residential Event conducted under a valid permit issued under Chapter 4.28 of the Unified Development Code.
(N) Retention of residential character. The owner of a short-term rental shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, spot lights, signaling lights, DJ lighting, lighting and/or advertising mechanism.
(O) Required information for advertisements. The owner shall include the current permit registration number on or in any advertisement appearing in any newspaper, magazine, brochure, television trade paper, internet website, etc., that promotes the availability or existence of the short-term rental in a place or location deemed acceptable by the Permit Administrator in the following format: "City of Indio Short-Term Rental Permit No. _____". In the case of audio-only advertising of the same, the permit number shall be read as part of the advertising. In addition, the following shall be clearly identified in any advertisement: (1) maximum occupancy; (2) the number of permitted bedrooms; (3) maximum number of vehicles allowed; and (4) a photo of the front of the short-term rental. (P) Transient occupancy tax. The owner and/or owner's agent shall comply with all provisions of §§ 34.35 through 34.48 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a return in accordance with § 34.41 of the Municipal Code, which shall be filed even if the vacation rental
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 849 of 883 unit was not rented during each such reporting period. Compliance with this subsection includes, where applicable, use of a hosting platform or short-term rental facilitator that collects and remits transient occupancy tax to the City. (Q) Submission of internet listings. All internet listing sites (e.g. website URLs) and listing numbers associated with a short-term rental shall be submitted to the city by the owner or owner's agent within 30 days of approval of the short-term rental permit and any revisions thereafter shall be submitted to the Permit Administrator. (R) Modification of operational requirements and standards. The operational requirements and standards may be modified by the Permit Administrator upon request of the owner based upon site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental occupant as may be required by state or federal disability laws. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.
§ 37.013 Short-term rental registry.
(A) The city shall maintain an online registry of active short-term rental permits, which hosting platforms may reference and rely upon for the purposes of complying with § 37.014 of this code. If a residential dwelling or other property purporting to be a short-term rental matches with an address, permit number, and/or current and valid permit dates set forth in the city's online registry, the hosting platforms may presume that the residential dwelling or other property has a current and valid short-term rental permit.
(B) The registry shall include, for each active short-term rental permit, the physical address of the property (including nine-digit ZIP Code, where available), the permit registration number, and any associated transient occupancy tax certification issued by the City. The registry is intended to provide the information needed by shortterm rental facilitators and hosting platforms to comply with this chapter and with the Short-Term Rental Facilitator Act of 2025 (Government Code sections 50990– 50996).
§ 37.014 Hosting Platform Requirements.
(A) No hosting platform or short-term rental facilitator shall facilitate a booking transaction for a residential dwelling located within the City unless:
(1)The listing includes a valid City short-term rental permit registration number;
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 850 of 883 (2)The platform has verified that the permit number matches an active listing in the City’s online registry maintained pursuant to § 37.013; and (3)The applicable transient occupancy tax certification number, as defined in § 37.002, is associated with the listing.
(B) Each short-term rental facilitator shall submit a monthly report to the City, in the form and electronic manner prescribed by the Permit Administrator, no later than thirty days after the end of each calendar month. The report shall identify each short-term rental within the City that was listed, advertised, booked, or facilitated during that month and shall include:
(1) The complete physical address, including the nine-digit ZIP Code where available;
(2) The City-issued STR permit or provisional operating authorization number displayed in the listing;
(3) The applicable transient occupancy tax certification displayed in the listing; and
(4) When the information provided is insufficient to identify a specific rental, the assessor’s parcel number, listing URL, and unit-specific identifying information authorized by Government Code section 50993.
Failure to submit a complete and timely report constitutes a separate violation for each reporting period and may be subject to an administrative fine or penalty pursuant to Government Code section 53069.4 and this chapter. (C) A short-term rental facilitator that is responsible for collecting or remitting transient occupancy tax pursuant to Chapter 34, a City ordinance, or an agreement with the City shall collect, report, and remit the tax in the manner required by Chapter 34 and the applicable agreement.
(D) A short-term rental facilitator shall be liable for administrative penalties arising from its violation of this section and for any transient occupancy tax, penalties, or interest that the facilitator was required, but failed, to collect or remit pursuant to Chapter 34 or an agreement with the City.
(E) De-listing of suspended, revoked, or invalid permits. Upon receiving notice from the City that a short-term rental permit or provisional operating authorization has been suspended, revoked, expired, surrendered, terminated, or otherwise declared invalid, or that the property is subject to a cessation or shutdown order, each shortterm rental facilitator that maintains or facilitates a listing for the property shall delist the short-term rental. (F) Violations of this section shall be subject to the penalties set forth in § 37.018.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 851 of 883 § 37.015 Prohibited activities.
(A) No person, including an owner, shall rent, offer to rent, or advertise for rent a balcony, patio, swimming pool or other outdoor area of a short-term rental ("outdoor area") if such rental does not occur in connection with the rental of the remaining residence or dwelling to which the outdoor area is attached. (B) No person, including an owner, shall charge a fee or request or require a donation for entrance into any short-term rental.
(C) No person, including an owner, shall rent, offer to rent, or advertise for rent structures not built for habitable use such as but not limited to tents, trailers, tree houses, garages, storage sheds and the like, or any open space on the property as a short-term rental.
(D) No person, including an owner, shall rent, offer to rent, or advertise for rent any impermanent, transitory, or mobile means of temporary lodging that is located on the same property as the short-term rental, including but not limited to a vehicle parked on the property, a storage shed, mobile homes, recreational vehicles, car trailers, boats or similar watercrafts, or any temporary structure, including but not limited to camping tents and tree-houses.
(E) No person, including an owner, shall rent, offer to rent, or advertise for rent one or more short-term rentals as part of a cluster or compound. A short-term rental cluster or compound is prohibited.
(F) A person who is renting a short-term rental is prohibited from subleasing such dwelling unit, or any portion thereof, to any other person or entity. (G) The lessee of a long term rental property which includes but is not limited to a condominium, multi-family housing, single-family dwelling, accessory dwelling unit, junior accessory dwelling units, mobile home or house trailer on a residential lot or within a mobile home park, or a month-to-month renter of such properties, is prohibited from using their leased or rented property as a short-term rental. (H) The owner, lessee or renter of a mobile home, a manufactured or prefabricated house or of a commercial or industrial structure is prohibited from using such property as a short-term rental.
(I) The owner, lessee or renter of a recreational vehicle is prohibited from using such property as a short-term rental.
(J) The owner, lessee or renter of an accessory dwelling unit or junior accessory dwelling unit, as those terms are defined in the Municipal Code, is prohibited from using such property as a short-term rental.
(K) Commercial and assembly uses, including but not limited to weddings, receptions, large parties, sales events, or similar gatherings where the primary
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 852 of 883 purpose of the use is entertainment or assembly rather than transient lodging, are prohibited on any property used as a short-term rental absent express authorization under this Code. Any commercial or assembly use occurring on a property used as a short-term rental that is not expressly authorized by this Code shall constitute a violation of this subsection. An Ordinary Daytime Gathering conducted in compliance with Section 37.012(B)(2) is not a commercial or assembly use for purposes of this subsection.
(L) No person, including but not limited to an owner, responsible person, local contact person, or occupant, shall use, allow, or operate any short-term rental as a party house. Absent express authorization under this Code, operation or use of a short-term rental as a party house shall constitute a violation of this chapter and grounds for suspension, modification, or revocation of the short-term rental permit. (M) Events authorized under Chapter 4.28; safe harbor. A Regulated Residential Event conducted at a short-term rental under, and in compliance with, a valid Administrative Use Permit or Conditional Use Permit issued under Chapter 4.28 of the Unified Development Code, or a Temporary Use Permit issued under Section
4.28.10 of that Code, constitutes express authorization under this Code for purposes of Sections 37.001, 37.004(D), 37.012(B), 37.012(M), 37.015(K), and
37.015(L), and shall not be deemed a violation of this chapter or evidence that the property is a party house; provided that (1) the stricter of the noise, hour, and occupancy limits of this chapter, Chapter 4.28, and the permit shall apply during the event, (2) the overnight occupancy limit of Section 37.012(B)(1) applies at all times, and (3) a violation of the permit or of Chapter 4.28 at a short-term rental is also a violation of this chapter and may be considered in any action under Section
37.016. A short-term rental permit does not authorize any Regulated Residential Event, and a permit under Chapter 4.28 does not authorize the short-term rental of the property.
§ 37.016 Permit suspension, modification or revocation. (A) In addition to any other remedy provided by this chapter, the Permit Administrator may suspend, modify or revoke a short-term rental permit for violations of this chapter, for violation of any other law on the premises of the short-term rental, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety or if the applicant made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter. The permit holder shall be notified in writing of the grounds for denial or for suspension, modification or revocation of the short-term rental and shall be notified of their right to appeal the decision.
(B) The Permit Administrator may revoke a short-term rental permit for a third or subsequent substantiated violation related to permitting or noise within any rolling twelve (12) month period, whether or not the violations occurred during the same permit term, or upon a property entering Enhanced Enforcement Status under Section 95C.10 of this Code. This section, however, shall not limit or prevent the
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 853 of 883 Permit Administrator from revoking a short-term rental permit for any single violation of this chapter that involves a serious threat to public health or safety, a commercial or assembly use conducted without express authorization under this Code, or operation as a party house, considering the factors set forth in subsection (E).
(C) An owner whose permit is revoked may not apply for a new short-term rental permit for any property until one year after the date of revocation. The bar established by this subsection runs against the owner and any person or entity under common control with the owner, and not against the property; a bona fide purchaser of the property who is not under common control with the former owner may apply for a permit under Section 37.011.
(D) If a permit is suspended, revoked or denied, all property owners and occupants of residences within 500 feet of the parcel boundaries of the short-term rental shall be provided written notice within ten days of such action. (E) Notwithstanding subsections (A) and (B), the use, operation, or allowance of any short-term rental as a party house shall constitute an independent ground for immediate suspension, modification, or revocation of the short-term rental permit.
Depending on the severity of the violation, a single incident may be sufficient to warrant such action where the incident involves a commercial or assembly use conducted without express authorization under this Code, a gathering materially exceeding the limits of Section 37.012(B), or a threat to public health or safety.
Evidence that a short-term rental is being used or operated as a party house may include, but is not limited to: (1) a gathering or event at the property that exceeds the maximum overnight occupancy limit or the daytime occupancy limits of Section
37.012(B) and does not qualify as an Ordinary Daytime Gathering; (2) substantiated violations of the noise, amplified sound, or outdoor use restrictions of this chapter; (3) professional or commercially amplified concert-style entertainment or professional event-production or staging services at the property without a permit under Chapter 4.28 of the Unified Development Code; (4) advertisements or promotions of events, parties, or similar gatherings at the property; or (5) the imposition of admission, cover charges, or other fees for entrance or participation in an event at the property. An Ordinary Daytime Gathering conducted in compliance with Section 37.012(B)(2), and a Regulated Residential Event conducted in compliance with a valid permit under Chapter 4.28 of the Unified Development Code, shall not be considered evidence of party house use. In determining whether to suspend, modify, or revoke the permit on the basis of party house activity, the Permit Administrator shall consider the totality of the circumstances, including, but not limited to, the number of separate incidents, the number of participants present, the number and type of violations cited, the number of verified complaints received, the number of law enforcement or code enforcement responses within a rolling twelve-month period, the owner’s history of compliance, and the owner’s responsiveness to complaints and City contacts.
§ 37.017 Notice and appeals.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 854 of 883 (A) The denial of an application for a short-term rental permit or the renewal of such permit, or the revocation, suspension or modification of such permit, may be appealed by submitting a written appeal form detailing the basis for the appeal and any additional documentation the appellant would like to be considered. (B) The completed appeal form must be delivered to the City Clerk within [ten (10)] calendar days from the date the letter denying the application for a permit or renewal permit or revoking, modifying or suspending the permit was served, consistent with Section 12.11.01 of this Code. The appeal form must include payment of a non-refundable appeal fee in the amount established by resolution of the City Council. Failure to deliver the completed appeal form and/or appeal fee as required by this subsection will result in the denial or revocation, suspension or modification being deemed as final.
(C) Effect of appeal. A timely appeal of a modification, suspension, or revocation of a permit stays the action, and the permit remains in effect subject to any conditions the Permit Administrator specifies in the notice of action, until the Designated Hearing Officer issues a final decision; provided that where the Permit Administrator finds, and states in the notice of action, that continued operation presents an immediate threat to public health or safety or that the property is being used or operated as a party house, the Permit Administrator may order an immediate suspension, which is not stayed by an appeal, and the appellant may request an expedited hearing, which the City shall schedule before the Designated Hearing Officer within ten (10) calendar days after the request is filed. A timely appeal of the denial of an application for a new permit does not authorize operation of the property as a short-term rental pending the appeal. (D) Once a timely appeal form has been received by the City Clerk, a hearing on the matter shall be scheduled before the Designated Hearing Officer within thirty (30) calendar days of an appeal being filed. The appeal hearing shall be open to the public. The Designated Hearing Officer may continue the hearing from time to time upon good cause. The City bears the burden of establishing the grounds for the action by a preponderance of the evidence. The decision of the Designated Hearing Officer shall be rendered within thirty (30) calendar days of the conclusion of the hearing. The decision shall be in writing and set forth the findings and reasons for the decision. The decision of the Designated Hearing Officer is the City’s final administrative decision, is effective upon service, is not appealable to the Planning Commission or City Council, and is subject to judicial review by petition for writ of administrative mandamus within the time provided by Code of Civil Procedure Section 1094.6, as provided in Section 12.12.08 of this Code. [Alternative for City Council consideration — Option A: appeal to the City Council on the record within ten (10) calendar days after service of the decision. Option B: hearing by a panel of three (3) Designated Hearing Officers.]
(E) If an appeal is filed, all property owners and occupants within 500 feet of the parcel boundaries of the short-term rental shall be notified of the time, date, and location of the appeal hearing and shall be afforded the right to testify during the hearing.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 855 of 883 § 37.018 Violations and penalties.
(A) Operating a short-term rental without a valid permit is prohibited. Advertising shall be prima facie evidence of operation. Additional evidence of operation may include, but not limited to guest testimony, online reviews, rental agreements or any other information deemed relevant by the city.
(B) Any person violating the provisions of this chapter, including without limitation the owner, responsible person, occupants and the local contact persons may be subject to administrative and/or judicial remedies as set forth herein. The owner of a short-term rental shall be deemed responsible for all violations of this chapter occurring at the short-term rental or in connection with its operation, provided that this shall not preclude the city from issuing fines or citations to occupants, or exercising other remedies against occupants, if the responsible person or occupants are deemed to have committed the violation.
(C) Any person who violates any provision of this chapter is guilty of a misdemeanor. Such violation is punishable as set forth in Chapter 12 of this code.
Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation.
(D) Alternatively, any person who violates any provision of this chapter may be issued an administrative citation in accordance with Chapter 12 of this code. The amount of the administrative fine shall be set forth in a schedule of fines adopted by resolution of the City Council. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter. (E) In addition to the foregoing, a violation of any provision of this chapter shall constitute a public nuisance and shall be subject to abatement by the city by means of a civil action or administrative abatement pursuant to Chapter 12 of this code, and each day such condition continues it shall be regarded as a new and separate offense.
(F) The remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter.
(G) Noise-related per-minute administrative penalties.
(1) Any violation of the noise, amplified sound, outdoor-activity, or quiethours standards applicable to a permitted short-term rental under this Chapter, or of any noise- or sound-related condition of approval imposed on a short-term rental permit, shall constitute a “noise violation” for purposes of Indio Municipal Code Chapter 95C.
(2) In addition to any other administrative, civil, or criminal remedies authorized by this Chapter or the Municipal Code, such violations may be subject to
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 856 of 883 the compliance-period, Enhanced Enforcement Status, and duration-based penalty provisions of Section 95C.10 of this Code, which escalate based on the number of substantiated noise violations at the property within a rolling twelve (12) month period. Administrative citation fines for violations of this chapter shall be in the amounts established by Section 12.08.07(D) of this Code or by City Council resolution.
§ 37.019 Recordkeeping.
Each owner shall maintain all written records related to the use and occupancy of the short-term rental, including but not limited to compliance with the operational requirements and standards set forth in § 37.012, for a period of three years, for the purpose of inspection or audit to determine that the objective and conditions of this chapter are being fulfilled.
§ 37.020 Requirements not exclusive.
The requirements of this chapter shall be in addition to any license, permit or fee required under any other provision of the Indio Municipal Code. The issuance of any permit pursuant to this chapter shall not relieve any person of the obligation to comply with all other provisions of the Indio Municipal Code pertaining to the use and occupancy of the short-term rental or the property on which it is located. § 37.021 Administration and administrative regulations.
In order to facilitate orderly administration of this chapter, the Permit Administrator shall have the authority to make interpretations of this chapter and to promulgate administrative regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering and enforcing the requirements and provisions herein. A copy of such administration regulations shall be on file in the Office of the City Clerk.
§ 37.022 Relationship to Chapter 12.
(A) Except as expressly provided in this chapter, violations of this chapter shall be enforced in accordance with Chapter 12 of this Code (Enforcement of Code), and in the event of a conflict this chapter shall control.
(B) This chapter may be enforced by any enforcement official, as defined in Section
12.01.01, and by any officer or employee designated in Section 12.02.03. Nothing in this chapter confers any power of arrest beyond that provided in Section
12.02.06. (C) Each rental or advertisement of a short-term rental without a valid permit, each day on which the overnight occupancy limit or daytime occupancy limit is exceeded, each gathering that violates Section 37.012(B), and each noise, amplified sound, or outdoor activity violation is a discrete violation complete upon its occurrence, is not a continuing violation pertaining to building, plumbing, electrical, or other similar
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 857 of 883 structural or zoning issues within the meaning of Section 12.08.02(A)(1) of this Code or Government Code Section 53069.4(a)(2), and may be cited without a prior compliance order or grace period, subject to the compliance period provided in Section 95C.10(C)(1) for noise violations at a property that is not in Enhanced Enforcement Status. A violation involving unpermitted construction or an unpermitted bedroom or habitable area remains subject to the compliance-order procedure of Section 12.08.02(A)(1).
(D) The suspension, modification, or revocation of a permit, and the denial of an application, under this chapter are appealable actions for purposes of Section
12.11.01(A) of this Code, and shall be appealed and heard as provided in Section
37.017. The stay provided in Section 12.11.01(D) applies as provided in Section
37.017(C).
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 858 of 883 ORDINANCE NO. 1853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF INDIO, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 95C (“NOISE CONTROL”) OF
THE INDIO MUNICIPAL CODE TO MODERNIZE
NOISE STANDARDS, ESTABLISH OBJECTIVE NOISE
LIMITS AND A GRADUATED ENFORCEMENT
PROCEDURE, AND MAKING CONFORMING
AMENDMENTS TO CHAPTER 12 (“ENFORCEMENT OF
CODE”)
WHEREAS, the City of Indio (“City”) possesses the police power, pursuant to Article XI, Section 7 of the California Constitution, to adopt and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council finds that the health, safety, and welfare of Indio’s residents are significantly impacted by excessive, unnecessary, and annoying noise and vibration, which can interfere with sleep, communication, and the quiet enjoyment of property; and
WHEREAS, the City is a premier destination for world-class entertainment and commercial activity, and the City Council recognizes the need to balance these vital economic drivers with the residential character of its neighborhoods; and WHEREAS, the Noise Element of the Indio General Plan 2040 describes this chapter as the ordinance that “establishes hourly noise level limits and enforcement procedures to restrict noise from individual noise generators” (p. 11-3), directs the City in Table 11-2, Program 2, to “Amend the noise ordinance to include day and nighttime noise level limits and to specifically protect noise sensitive land uses during overnight hours,” directs the City to protect noise-sensitive uses through “noise ordinance enforcement” (Policy NE-1.1), to “Minimize noise conflicts between neighboring properties through enforcement of applicable regulations, such as the City’s Noise Control Ordinance” (Policy NE-3.1), to “Respond timely to noise complaints and conduct field monitoring compliance checks to regulate noise violators” (Policy NE-3.2), and to require entertainment uses “to minimize noise impacts on adjacent noise-sensitive receptors” (Policy NE-3.3), and, in Policy NE1.5, contemplates that the City may “permit variances to allow [special events] to temporarily exceed the maximum allowable decibel level while minimizing noise impacts to surrounding uses to the extent feasible”; and WHEREAS, Chapter 95C as currently adopted contains no numeric noise limits, and this Ordinance implements Table 11-2, Program 2 of the Noise Element by establishing objective exterior noise standards, measured at the property line of receiving residential property with calibrated instruments in the manner used in the City’s own noise monitoring, alongside the existing standard of noise that disturbs a reasonable person of normal sensitivity; and
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 859 of 883 WHEREAS, the Planning Commission reviewed the proposed amendments to this chapter at its duly noticed public hearing of July 22 and August 12, 2026, and recommended that noise enforcement provide a reasonable opportunity to correct a violation before fines accrue, with escalating consequences for properties with repeated substantiated violations, and this Ordinance implements that recommendation; and
WHEREAS, under Chapter 95C as currently adopted, permitted outdoor gatherings are wholly exempt from the chapter (§ 95C.09(C)), a written Noise Warning Notice and a second response within thirty days are required before any citation (§ 95C.10(A)), and violations are infractions punishable by default fines of $100, $200, and $500, and the City Council finds that this Ordinance is more protective of residential neighborhoods than existing law; and WHEREAS, the City Council held a duly noticed public hearing on October 7, 2026 to consider the introduction of this Ordinance and has considered all evidence and testimony presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The City Council hereby finds that the above recitals are true and correct and are incorporated herein by this reference as the Council’s findings. The Council further finds that the adoption of this Ordinance is necessary to protect the public health and safety by providing a clear, standardized procedure for the abatement of noise nuisances, and that the objective noise standards adopted by this Ordinance are consistent with, and implement, the Noise Compatibility Guidelines of Table 11-1 of the General Plan Noise Element, under which exterior noise exposure of single-family residences of up to 60 dBA CNEL is “acceptable” and exposure of 60 to 70 dBA CNEL is “conditionally acceptable,” by establishing short-term exterior limits that, if met, keep the daily exposure of receiving residences within those ranges.
SECTION 2. AMENDMENT AND RESTATEMENT. Chapter 95C of the Indio Municipal Code is hereby amended and restated in its entirety as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 3. CONFORMING AMENDMENTS TO CHAPTER 12 (ENFORCEMENT OF CODE). Chapter 12 of the Indio Municipal Code is hereby amended as set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds and determines, on each of the following independent and alternative grounds, that the adoption of this Ordinance is not subject to, or is exempt from, the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and the State CEQA Guidelines: (A) the Ordinance establishes noise standards and enforcement procedures, approves no development, construction, or use at any specific location, and has no potential to cause a direct or reasonably foreseeable
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 860 of 883 indirect physical change in the environment, and therefore is not a “project” under Public Resources Code § 21065 and Guidelines § 15378, and CEQA does not apply pursuant to Guidelines § 15060(c)(2) and (c)(3); (B) independently, the Ordinance is exempt under Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of objective noise limits, quiet hours, and graduated enforcement procedures, measured against existing law that contains no numeric limits and exempts permitted gatherings entirely, may have a significant effect on the environment; and (C) independently, the Ordinance is categorically exempt under Guidelines §§ 15307 and 15308 as an action by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment, which relaxes no existing standard and involves no construction. None of the exceptions in Guidelines § 15300.2 applies. The Noise Element anticipated that special events “may increase in frequency; however, there would be no fundamental change in the nature of these sources and existing regulation under the noise ordinance would continue” (p. 11-7). The Community Development Director is directed to file a Notice of Exemption with the County Clerk within five working days after adoption of this Ordinance.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. RELATIONSHIP TO OTHER PROVISIONS. This Ordinance regulates noise and vibration and the enforcement of noise regulations. To the extent that any provision of the Indio Municipal Code or the Unified Development Code addressing that subject matter is in conflict with the provisions of this Ordinance, the provisions of this Ordinance shall control. Nothing in this Ordinance amends the land use regulations or development standards of any zoning district. In the event of any conflict between this Ordinance and the General Plan, the General Plan shall control.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its final passage and adoption.
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Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 861 of 883 SECTION 8. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED on this 21st day of October, 2026. _________________________________
ELAINE HOLMES, MAYOR
ATTEST:
CITY CLERK
____________________________________
SABDI SANCHEZ, MMC
DIRECTOR OF CITY CLERK SERVICES
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 862 of 883
EXHIBIT A
CHAPTER 95C
NOISE CONTROL
§ 95C.01. Purpose and Findings.
(A) The purpose of this chapter is to: (i) establish standards and regulations for the control of noise and vibration within the City; (ii) provide a clear and standardized administrative procedure for the abatement of noise nuisances; (iii) implement both a subjective standard, under which a violation is established by the observation of an enforcement official that noise disturbs a reasonable person of normal sensitivity, and an objective standard, under which a violation is established by a defined audibility test or by measured sound levels, so that enforcement is fair, predictable, and defensible; (iv) implement Table 11-2, Program 2 and Policies NE1.1, NE-1.5, NE-3.1, NE-3.2, and NE-3.3 of the Noise Element of the General Plan; and (v) protect the quality of life in residential neighborhoods while acknowledging the operational needs of the City’s commercial sectors. (B) The City Council finds and declares as follows: (i) the making and creation of excessive, unnecessary, or unusually loud noises within the City is a condition which has existed for some time and the extent and volume of such noises are increasing; (ii) every person is entitled to an environment in which the noise and vibration levels are not detrimental to their life, health, or enjoyment of property; (iii) the city’s residents and visitors should be protected from excessive, unnecessary, and annoying noise and vibration which interfere with sleep, communication, relaxation, and the comfort of residential and commercial life; (iv) the City Council further recognizes that certain activities essential to the economic, cultural, and social health of the City necessarily produce some noise; therefore, it is the intent of this chapter to balance the individual’s right to a quiet environment with the community's need for essential services, commerce, and public celebration through reasonable regulations; and (v) the City Council therefore finds that the requirements and prohibitions contained in this chapter are necessary to preserve the public peace and to protect the health, safety, and welfare of the citizens of the City.
§ 95C.02. Definitions.
As used in this chapter, the following terms have the meanings given:
AMBIENT NOISE LEVEL means the all-encompassing noise associated with a given environment, being a composite of all sources, measured in the absence of the noise source under investigation as the A-weighted equivalent sound level (Leq) over a period of not less than five (5) minutes.
CONSTRUCTION EQUIPMENT means tools, machinery or equipment used in connection with construction operations, including all types of "special construction"
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 863 of 883 equipment as defined in the pertinent sections of California Vehicle Code when used in the construction process on any construction site, home improvement site or property maintenance site, regardless of whether such site is located on highway or off-highway.
dBA means the A-weighted sound pressure level in decibels, as measured by a sound level meter using the A-weighting network.
DISTURBING, EXCESSIVE OR OFFENSIVE NOISE means any sound or noise that (i) causes discomfort or annoyance to a reasonable person of normal sensitivity in the area, as provided in Section 95C.03, or (ii) is plainly audible at the distance or location specified in this chapter, or exceeds the exterior noise standards established in Section 95C.03A, as provided in that section.
ENFORCEMENT OFFICIAL has the meaning given in Section 12.01.01 of this Code and includes each officer and employee designated in Section 12.02.03 of this Code.
ENHANCED ENFORCEMENT STATUS means the status of a property described in Section 95C.10(C)(2).
FIXED NOISE SOURCE means stationary device which creates sound, which is fixed or motionless including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
Leq means the equivalent continuous A-weighted sound level, in dBA, over a stated measurement period.
Lmax means the maximum A-weighted sound level, in dBA, measured with slow response during a stated measurement period.
MOBILE NOISE SOURCE means any noise source other than fixed noise source.
PLAINLY AUDIBLE means that an enforcement official or other person can hear a sound and distinguish its source, rhythm, bass, melody, lyrics, or words, using unaided hearing, at the distance or location specified in this chapter. It is not necessary that the words or the song be identified. The detection of the rhythmic bass component of music is sufficient.
QUIET HOURS means the following periods: (i) for residential amplified sound and outdoor activity regulated by this chapter, Chapter 37 of this Code, and Chapter
4.28 of the Unified Development Code, the period from [10:00 p.m.] to 8:00 a.m.
Sunday through Thursday and from [11:00 p.m.] to 8:00 a.m. Friday and Saturday [Alternative for City Council consideration: 9:00 p.m. to 8:00 a.m. Sunday through Thursday and 10:00 p.m. to 8:00 a.m. Friday and Saturday]; and (ii) for all other purposes of this chapter, including the enhanced fines of Section 95C.10(D)(1)(a), the period from 10:00 p.m. to 7:00 a.m. every day. Where a permit issued under
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 864 of 883 Chapter 4.28 of the Unified Development Code or Chapter 113 of this Code establishes more restrictive hours, the permit controls.
RECEIVING RESIDENTIAL PROPERTY means any property, other than the property on which the noise source is located, that contains a dwelling unit, a hotel or other transient lodging, a school, a hospital, a place of worship, or a similar noisesensitive use.
QUALIFYING LARGE-SCALE LANDSCAPING OPERATION means the regular maintenance of landscaping, turf, trees, agricultural property, or other cultivated vegetation undertaken in connection with: (i) An agricultural operation; (ii) A golf course; (iii) A public park or recreational facility; (iv) A school, college, hospital, cemetery, utility facility, governmental facility, resort, master-planned community, common-interest development, or similar institutional or community-serving use; or (v) Another commercial, institutional, governmental, or residential common-area property containing at least ten acres of maintained landscaping, turf, trees, agricultural land, or other cultivated vegetation.
POWERED LANDSCAPING EQUIPMENT means any utility or landscaping tool powered by an internal combustion engine or electric motor. This includes, but is not limited to, leaf blowers (portable, handheld, or backpack devices with a nozzle intended for moving leaves and/or light materials), lawn mowers, edgers, trimmers, hedge clippers, chainsaws, and pole saws.
SOUND AMPLIFYING EQUIPMENT means any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" shall not be construed as including standard automobile radios when used and heard only by the occupants of the vehicle in which installed or warning devices on authorized emergency vehicles.
SOUND LEVEL METER means an instrument for the measurement of sound pressure level that conforms to the Type 1 or Type 2 requirements of ANSI S1.4 and IEC 61672-1, or their successors, and that is calibrated as provided in Section 95C.03A(C).
§ 95C.03. General prohibitions.
(A) It shall be unlawful for any person to make, continue, or cause to be made or continued, within the city limits, any disturbing, excessive, or offensive noise or vibration which causes discomfort or annoyance to any reasonable person of normal sensitivity in the area, or that is plainly audible at a distance greater than 50 feet from the source point, for any purpose. A violation of this subsection may be established by the direct observation of an enforcement official, including audio or video recording, without a sound-level measurement.
(B) The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but are not limited to the following:
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 865 of 883 (1) The level of the noise;
(2) Whether the nature of the noise is usual or unusual; (3) Whether the origin of the noise is natural or unnatural; (4) The level of the ambient noise level;
(5) The proximity of the noise to sleeping facilities;
(6) The nature and zoning of the area from which the noise emanates and the area where it is received;
(7) The time of day or night the noise occurs;
(8) The duration of the noise; and
(9) Whether the noise is recurrent, intermittent, or constant. (C) Conflict of Provisions. This chapter shall constitute the City's primary and generally applicable noise regulations. To the extent that these provisions are more strict, this chapter shall take precedence and control over any other provision of the Indio Municipal Code, any City resolution, administrative regulation, or operating standard that addresses noise, sound levels, or related nuisance conduct arising from individual noise generators or activities, except as expressly provided in Section 95C.03A(E) for permits and approvals that establish hours or sound limits for a specific use.
(D) Two Pathways. A violation of this chapter may be established either under this section (the subjective standard) or under Section 95C.03A (the objective standard). Neither standard is a prerequisite to the other, and the City’s election not to measure sound levels does not defeat a violation established under this section.
§ 95C.03A. Objective noise standards.
(A) Plainly Audible Standard. It shall be unlawful for any person to operate or permit the operation of any sound amplifying equipment, musical instrument, or other sound production or reproduction device, or to conduct or permit any outdoor activity, in a manner that is plainly audible (i) at a distance of 50 feet or more from the source point, or (ii) where this chapter, Chapter 37 of this Code, Chapter 4.28 of the Unified Development Code, or a permit or approval issued under this Code specifies the property line as the point of measurement, at or beyond the property line of any receiving residential property during Quiet Hours. Whether a sound is plainly audible shall be determined by an enforcement official using unaided hearing at the specified location; the official’s observation, including any audio or video recording, is sufficient to establish a violation of this subsection.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 866 of 883 (B) Exterior Noise Standards. It shall be unlawful for any person to cause or permit any noise source located on private property to produce, at the property line of any receiving residential property, a sound level in excess of the following limits, unless a different limit has been established for the source by a permit or approval issued pursuant to subsection (E):
Period Maximum Leq (15-
minute) at receiving
property line
Maximum Lmax at
receiving property line
Daytime: 7:00 a.m. to
7:00 p.m.
[65] dBA [75] dBA
Evening: 7:00 p.m. to the
beginning of Quiet Hours
[60] dBA [70] dBA
Quiet Hours (nighttime) [55] dBA [65] dBA
Where the ambient noise level at the point of measurement exceeds the applicable limit, the limit shall be the ambient noise level plus [five (5)] dBA. The limits of this subsection are enforcement standards for individual noise sources and are intended to be consistent with, and to implement, the Noise Compatibility Guidelines of Table 11-1 of the General Plan Noise Element, which are planning guidelines expressed in the 24-hour Community Noise Equivalent Level (CNEL) metric; a noise source that complies with the limits of this subsection at all times will not cause the daily exterior noise exposure of a receiving residence to exceed the “acceptable” or “conditionally acceptable” ranges of Table 11-1. [Drafting note: the bracketed limits are calibrated to Table 11-1 (single-family residential “acceptable” to 60 dBA CNEL; “conditionally acceptable” 60–70 dBA CNEL) and to the City’s September–October 2025 monitoring of permitted events, which recorded maximum hourly Leq values of 57.0 to 66.5 dBA at the property line nearest residences; confirm the final numbers with the City’s acoustical consultant before adoption.] (C) Measurement Protocol. A measurement under subsection (B) shall be made with a sound level meter, A-weighted, set to slow response, field-calibrated with an external acoustic calibrator before and after each measurement session, fitted with a windscreen, with the microphone positioned approximately five (5) feet above grade and not less than three (3) feet from any wall, fence, or other reflecting surface, at the property line of the receiving residential property nearest the noise source or, where the enforcement official cannot lawfully access that location, at the nearest lawful location, with the distance to the property line recorded. An Leq measurement shall be made over a period of not less than five (5) minutes and, where practicable, fifteen (15) minutes. Measurements shall not be made when wind speed at the microphone exceeds twelve (12) miles per hour, and sound from sources other than the source under investigation, including generators or vehicles not associated with that source, shall be noted and, where identifiable, excluded.
The enforcement official shall record the date, time, location, meter make and model, calibration, measured values, weather conditions, and the source observed.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 867 of 883 (D) Evidentiary Effect. A measurement made in substantial compliance with subsection (C) that exceeds the applicable limit of subsection (B) is prima facie evidence of a violation of this section. Data recorded by a City-approved, timestamped sound-level monitoring device installed pursuant to a permit condition under Chapter 37 of this Code or Chapter 4.28 of the Unified Development Code is admissible in any administrative proceeding under this Code to establish or rebut a violation. [Alternative for City Council consideration: A measurement made in substantial compliance with subsection (C) that does not exceed the applicable limit of subsection (B) creates a rebuttable presumption that amplified sound from the measured source did not violate Section 95C.03(A) during the measurement period, other than during Quiet Hours.]
(E) Permits and Approvals. Consistent with Policy NE-1.5 of the General Plan Noise Element, an Administrative Use Permit or Conditional Use Permit issued under Chapter 4.28 of the Unified Development Code, an Entertainment Permit issued under Chapter 113 of this Code, a development agreement, or a Temporary Use Permit may establish, for the hours and sound sources authorized by the permit or agreement, sound-level limits, measurement locations, or Quiet Hours that differ from those established by this chapter, upon written findings that the different standard is necessary for the permitted activity and that noise impacts on surrounding uses will be minimized to the extent feasible. During the permitted hours, the standards of the permit or agreement control, and a violation of those standards is a violation of this chapter. At all other times this chapter applies according to its terms.
(F) Monitoring Conditions. A permit or approval issued under this Code may require, as a condition, the installation and operation of a City-approved sound-level monitoring device at the property line of the permitted property, the retention of an acoustical consultant to monitor compliance during permitted events at the permittee’s expense, and the submission of the resulting data to the City upon request, consistent with Table 11-2, Programs 1 and 5 of the General Plan Noise Element.
§ 95C.04. Disturbing, excessive, offensive noises; declaration of certain acts constituting.
The following activities, among others, are declared to cause disturbing, excessive or offensive noises in violation of this chapter and Chapter 95A and are unlawful, namely:
(A) Horns, signaling devices, and the like. Unnecessary use or operation of horns, signaling devices, or other similar devices, on automobiles, motorcycles, or any other vehicle.
(B) Radios, television sets, phonographs, loud speaking amplifiers and similar devices.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 868 of 883 (1) Uses restricted. The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers, sound amplifying equipment or other similar machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity in any area of the city is prohibited.
(2) Prima facie violations. Any of the following shall constitute evidence of a prima facie violation of this section:
(a) The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifying equipment or similar machine or device in such a manner as to be plainly audible, as defined in Section 95C.02, at a distance of 50 feet from the building, structure or vehicle in which located, or from the source point, or in excess of the exterior noise standards of Section 95C.03A(B).
(b) The operation of any sound amplifying equipment, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of 50 feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of 50 feet from the source point.
(3) Enforcement of prima facie violations.
(a) Any person who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of this section is empowered to confiscate and impound as evidence, any or all of the components amplifying or transmitting the sound.
(b) Any peace officer, as defined in Cal. Penal Code, Ch. 4.5 §§ 830 et seq., who encounters evidence of a prima facie violation of this section whereby the component(s) amplifying or transmitting the sound are attached to a vehicle may, in accordance with the provisions of Cal. Veh. Code § 22655.5, impound the vehicle, as containing evidence of a criminal offense, when the amplifying and/or transmitting component(s) cannot be readily removed from the vehicle without damaging the component(s) or vehicle. (C) Animals. (See Chapter 92 adopting Title 6 of the Riverside County Code of Ordinances; and Riverside County Code of Ordinances Chapter 6.20 “Noisy Animals”).
(D) Hospitals, schools, libraries, rest homes, long-term medical or mental care facilities. To make noise adjacent to a hospital, school, library, rest home, or longterm medical or mental care facility, which noise reasonably interferes with the
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 869 of 883 workings of such institutions or which disturbs or unduly annoys occupants in said institutions.
(E) Playing of radios on buses, public transportation. The operation of any radio, phonograph, tape player, or similar device or equipment on an urban transit bus or trolley so as to emit noise that is audible to any other person in the vehicle is prohibited.
(F) Powered Landscaping Equipment.
(1) Standard Time Operational Hours. During any period in which standard time is observed in the State of California, Powered Landscaping Equipment shall only be operated between the hours of 7:00 a.m. and 7:00 p.m. (2) Daylight Saving Time Operational Hours. During any period in which daylight saving time is observed in the State of California, Powered Landscaping Equipment shall only be operated between the hours of 6:00 a.m. and 8:00 p.m., except as expressly authorized by a waiver issued pursuant to subsection (3). (3) Annual Early-Morning Heat Waiver. The Public Works Director, or their designee, may issue a written annual waiver authorizing a Qualifying Large-Scale Landscaping Operation to begin operating powered Landscaping Equipment at 5:30 a.m. during daylight saving time. The City Engineer may determine that multiple contiguous or commonly managed parcels constitute a single operation for purposes of determining eligibility under this subsection. A waiver shall be issued only upon a written application demonstrating that: (a) The applicant operates a Qualifying Large-Scale Landscaping Operation; (b) Beginning work before 6:00 a.m. is reasonably necessary to reduce employee exposure to extreme heat, protect plant health, maintain essential facilities, or efficiently complete work before the hottest portion of the day; (c) The applicant will use reasonably available measures to minimize noise impacts upon nearby residential properties; and (d) The applicant has not demonstrated a pattern of violations of this chapter or of conditions imposed under a prior waiver. A waiver issued under this subsection shall: (i) be in writing and signed by the Public Work Director, or their designee; (ii) Be valid for no more than one calendar year; (iii) Identify the property, properties, or operation to which it applies; (iv) Authorize operation beginning at 5:30 a.m. only on days during daylight saving time; and (v) Include any conditions the Public Works Director determines are reasonably necessary to minimize noise impacts and protect the public health, safety, and welfare The person or entity relying upon the waiver shall maintain a copy of the waiver at the work site or otherwise make it immediately available for inspection. A waiver does not authorize operation of powered Landscaping Equipment before 5:30 a.m., during standard time, or in violation of any applicable noise limit or other provision of this Code. The Public Works Director, their designee, or the City’s designated Hearing Officer may modify, suspend, or revoke a waiver upon determining that the waiver holder has violated this chapter, failed to comply with a condition of the waiver, provided materially inaccurate information, or operated equipment in a manner that creates
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 870 of 883 excessive, unusual, or unnecessary noise. A waiver creates no vested right and is not transferable without the written approval of the Public Works Director. (4) Equipment Standards. All leaf blowers shall be equipped with functional mufflers and manufacturer-approved sound-limiting devices. No person shall operate Powered Landscaping Equipment in a manner that violates Section 95C.03 or Section 95C.03A, or while the equipment is in a state of disrepair that generates excessive, unusual, or unnecessary noise.
(G) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or on any publicly owned property between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to disturb the quiet comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or persons in the close proximity shall be considered a violation of this section. § 95C.05. Burglar alarms.
(A) Audible burglar alarms for structures or motor vehicles are prohibited unless the operation of such burglar alarm will be terminated within ten minutes of being activated.
(B) Notwithstanding the requirements of this chapter, any member of the Police Department of the city shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, or motor vehicle at any time during the period of its activation. This section does not preclude the towing and storage of vehicles in accordance with the procedures set forth in the Cal. Veh. Code § 22651.5.
§ 95C.06. Unreasonable Operation of Vehicles.
It shall be unlawful for any person to operate a motor vehicle in a manner that creates disturbing, excessive, or offensive noise through the unnecessary racing or revving of an engine, or the unnecessary rapid acceleration or deceleration of a vehicle, which causes the squealing of tires. Any noise from the operation of a motor vehicle (other than standard exhaust noise conforming to the California Vehicle Code) that is plainly audible from public property at a distance of 150 feet from the vehicle shall constitute a prima facie violation of this section. § 95C.07. Amplified Sound from Vehicles Upon the Highway.
No person shall operate or permit the operation of any sound amplifying equipment which emanates from or is mounted upon a vehicle being operated upon a highway or any public right-of-way, whether such vehicle is in motion or stationary, in a manner which can be heard outside the vehicle from 50 or more feet, to the extent permitted by California Vehicle Code Section 27007. This section shall be construed and applied consistently with Section 27007 and shall not apply to any conduct the regulation of which is preempted by the Vehicle Code.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 871 of 883 § 95C.08. Disturbing, excessive, offensive noises or vibration created by vehicle(s), tools, machinery; declaration of certain acts constituting.
The following activities, among others, are declared to cause disturbing, excessive or offensive noises or vibration in violation of this section but such enumeration shall not be deemed to be exclusive, namely:
(A) Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, including but not limited to refrigerated truck compressors, for a period longer than 15 minutes in any hour while the vehicle is stationary and on a public right-of-way or public space, within 150 feet of a residential area between the hours of 7:00 p.m. and 7:00 a.m., except when movement of said vehicle is restricted by other traffic. (B) Controlled hours of operation. Notwithstanding any other provision of this code it shall be unlawful for any person to operate, permit, use or cause to operate, any of the following: (i) Powered model vehicles/planes; (ii) Loading and unloading of vehicles, operating of fork lifts or cranes within a residential or commercial zone; and (iii) Construction equipment, other than between the hours of:
(1)Pacific Standard Time.
(a) Monday through Friday, 7:00 a.m. through 7:00 p.m.
(b) Saturday, 8:00 a.m. through 6:00 p.m.
(c) Sunday, 9:00 a.m. through 5:00 p.m.
(d) Government Holidays, 9:00 a.m. through 5:00 p.m.
(2) Pacific Daylight Time.
(a) Monday through Friday, 6:00 a.m. through 6:00 p.m.
(b) Saturday, 7:00 a.m. through 6:00 p.m.
(c) Sunday, 9:00 a.m. through 5:00 p.m.
(d) Government Holidays, 9:00 a.m. through 5:00 p.m.
§ 95C.09. Special provisions; exemptions.
The following activities shall be exempted from the provisions of this chapter:
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 872 of 883 (A) Those noise events in the community (e.g. arterial traffic noise, railroad noise) that are more accurately measured by application of the general plan noise element policy, utilizing the community noise equivalent level (CNEL) method. (B) School bands, school athletic and school entertainment events. (C) Outdoor gatherings, public dances, shows and sporting and entertainment events authorized by the City via permit, or by a previously approved development agreement, but only to the extent, and only during the hours, that the permit or agreement expressly establishes hours, sound-level limits, or Quiet Hours for the event pursuant to Section 95C.03A(E). Such events otherwise remain subject to this chapter, and a violation of the hours, sound-level limits, or noise conditions of the permit or agreement is a violation of this chapter enforceable under Section 95C.10.
(D) Activities conducted in public parks and public playgrounds in compliance with any applicable city permitting requirements.
(E) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.
(F) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
(G) Mobile noise sources associated with agricultural operations being conducted in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in Riverside County. (H) Mobile noise sources associated with agricultural pest control through pesticide application.
(I) The provisions of this chapter shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including trash collection and those activities of public utilities subject to the regulatory jurisdiction of the City of Indio or the California Public Utilities Commission.
(J) The provisions of this chapter shall not apply to noise sources associated with minor maintenance or improvement of property used either in part or in whole for residential purposes provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or between the hours of 10:00 a.m. and 8:00 p.m. on Sunday.
(K) The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law or which is a
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 873 of 883 necessary or appropriate means of complying with health or safety requirements imposed by state or federal law.
§ 95C.10. Enforcement and penalties.
(A) Enforcement Authority. This chapter may be enforced by any enforcement official, as defined in Section 12.01.01 of this Code, and by each officer and employee designated in Section 12.02.03 of this Code, including the City Manager and the City Manager’s designees, the Chief of Police and all sworn personnel of the Police Department, Community Service Officers, and the Code Enforcement Manager and Code enforcement officials. Nothing in this chapter confers peace officer status or any power of arrest beyond that provided in Section 12.02.06 of this Code; an enforcement official who is not a peace officer under Penal Code Section 830 et seq. may arrest only as provided in Section 12.02.06(B). (B) Declaration of Public Nuisance; Immediate Abatement. (1)Nuisance Per Se. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby declared a public nuisance and a threat to the public health, safety, and welfare. Such violations may be abated by the City through any and all legal and equitable means, including but not limited to administrative, civil, or criminal action. (2)Harm to Community. The City Council finds that the presence of excessive noise or vibration as defined herein results in significant harm to the community.
(3)Summary Abatement. If a violation of this chapter constitutes an imminent life safety hazard within the meaning of Section 12.01.01 of this Code, the City may proceed with summary abatement without prior notice in accordance with Subchapter 9 of Chapter 12, and the responsible person may request an expedited hearing as provided in Section 12.09 of this Code. The costs of such abatement may be assessed as a nuisance abatement lien or a special assessment.
(4)Responsibility. For the purposes of this chapter, the owner of the property where the noise originates, the tenant in possession, and the individual(s) physically causing the noise shall be jointly and severally responsible for the nuisance.
(C) Enforcement Discretion, Procedures, and Cumulative Remedies. (1)Compliance Period. The goal of enforcement under this chapter is compliance. Before issuing an administrative citation or commencing the accrual of duration-based fines for a noise violation at a property that is not in Enhanced Enforcement Status, an enforcement official shall issue an Order to Abate to a responsible person, verbally, in writing, or by any means reasonably calculated under the circumstances to provide notice,
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Where the property is a permitted short-term rental or the site of a permitted Regulated Residential Event, the enforcement official shall, when practicable, attempt to contact the local contact person or event contact at the telephone number on file before or at the time the Order to Abate is given. If the violation ceases within the compliance period, no citation shall issue and no duration-based fine shall accrue for that incident, but the incident shall be recorded as a substantiated violation for purposes of paragraph (2) if the enforcement official determines that a violation occurred. No compliance period is required, and enforcement may proceed immediately, in any of the following circumstances:
a. The property is in Enhanced Enforcement Status;
b. The violation occurs during an event or assembly use conducted without a permit required by Chapter 4.28 of the Unified Development Code, or at a short-term rental operating without a permit required by Chapter 37 of this Code;
c. The violation poses an immediate risk to the health or safety of any person; or
d. The responsible person refuses to accept the Order to Abate, willfully interferes with the enforcement official, or cannot be located after reasonable efforts, in which case the compliance period shall be deemed to have expired.
(2)Enhanced Enforcement Status. A property enters Enhanced Enforcement Status upon the [second (2nd)] substantiated violation of this chapter, Section 37.012(I) or (J) of this Code, or Section 4.28.06(C) of the Unified Development Code at the property within any rolling twelve (12) month period, whether committed by the same or different persons, and remains in that status until twelve (12) months have elapsed without a further substantiated violation. A substantiated violation is one that was directly observed by an enforcement official, or established by the evidence described in paragraph (5), and either was not contested or was upheld.
While a property is in Enhanced Enforcement Status: (a) no compliance period is required before citation or the accrual of duration-based fines; (b) the enhanced fines and rates of subsections (D) and (E) apply; and (c) the City may initiate proceedings to modify, suspend, or revoke any permit issued for the property under Chapter 37 of this Code or Chapter
4.28 of the Unified Development Code. The enforcement official shall give the property owner and, where applicable, the permittee written notice when a property enters Enhanced Enforcement Status, and the notice shall be appealable as provided in Section 12.11.01 of this Code.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 875 of 883 (3)Separate and Discrete Offenses. Each violation of this chapter is a discrete violation complete upon its occurrence. Each and every day, and each and every hour or portion thereof, that a violation of this chapter exists or continues after the expiration of any applicable compliance period shall constitute a separate and distinct offense. For the purposes of calculating fines under subsection (E), the offense shall be calculated on a minuteby-minute basis. (4)Cumulative Remedies. The remedies provided in this chapter are cumulative and not exclusive. The City’s decision to pursue one remedy shall not preclude the City from simultaneously or subsequently pursuing any other remedy for the same underlying violation.
(5)Evidence of Violation. A violation may be established by (a) an enforcement official’s direct observation, including audio or video recording; (b) a sound-level measurement made in substantial compliance with Section 95C.03A(C); (c) data recorded by a monitoring device described in Section 95C.03A(D); or (d) the sworn statements of [two (2)] or more complaining witnesses residing in separate households, corroborated by recording, measurement, or other competent evidence. A complaint alone is not sufficient to establish a violation. (D) Administrative Citations and Administrative Civil Penalties. Violations of this chapter may be addressed through the administrative citation and/or administrative civil penalty process as set forth in Chapter 12 of this Code. (1)Standard Fines for Administrative Citations. Unless otherwise established by City Council resolution, administrative citation fines shall be $100 for a first violation, $200 for a second violation of this chapter within one year, and $500 for each additional violation of this chapter within one year. As used in this section and in subsection (E), “within one year” means within the twelve (12) month period immediately preceding the date of the current violation, measured on a rolling basis, and violations are counted per property, whether committed by the same or different persons.
Administrative citation fines for violations of this chapter at a short-term rental shall be in the amounts established by Section 12.08.07(D) of this Code.
a. Enhanced Fines (Quiet Hours). For violations occurring between the hours of 10:00 p.m. and 7:00 a.m. the standard fine amounts described above may be increased by up to one hundred percent (100%), at the discretion of the enforcement official, based on the severity of the disturbance and the degree of non-compliance. b. Enhanced Fines (Commercial Activity). Notwithstanding the above, for violations involving events in residential zones regulated by Chapter 4.28 of the Unified Development Code, and for violations at a property in Enhanced Enforcement Status, the base fine
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 876 of 883 amounts may be increased to an amount not to exceed $1,000 for a first violation, $2,000 for a second violation within one year, and $5,000 for each additional violation within one year, considering the factors set forth in subsection (E)(2)(d). [Verify against Government Code §§ 36900 and 53069.4.]
(2)Administrative Civil Penalties. In addition to, or in lieu of, the administrative citations described in subsection (D)(1), an enforcement official may elect to impose administrative civil penalties for any violation of this chapter pursuant to Subchapter 7 of Chapter 12 of this Code.
Administrative civil penalties shall be assessed at a rate of up to $1,000 per violation, per day, for each day or portion thereof that a violation continues to exist, based on the factors set forth in Section 12.07.03(C) of this Code and subsection (E)(2)(d). The total administrative civil penalty for any single continuous violation or series of related violations under this subsection at a single property shall not exceed $100,000. (E) Duration-Based Administrative Fines.
(1)Authorization. In addition to any other penalty or remedy provided in this chapter, and notwithstanding Sections 12.07.01(F) and 12.07.02(E) and (F) of this Code as amended by the ordinance adopting this section, an enforcement official may issue a duration-based administrative fine, assessed in increments of one minute, for any violation that is continuous, ongoing, and/or measurable by time. This includes, but is not limited to, violations involving amplified sound, unauthorized construction equipment activity, or stationary vehicle idling.
a. The duration-based fine may begin to accrue upon the expiration of the compliance period required by subsection (C)(1) following an Order to Abate or, where no compliance period is required, when an enforcement official has issued a verbal or written Order to Abate to a responsible party or undertaken actions reasonably calculated under the circumstances to attempt to provide notice. b. The enforcement official shall inform, or undertake actions reasonably calculated under the circumstances to attempt to inform, the responsible party that failure to immediately cease the noise will result in a fine accruing on a per-minute basis. For the purposes of this section, “immediately” means the time reasonably necessary to physically power down equipment, stop machinery, or otherwise cease the offending activity.
(2)Calculation of Fine.
a. The fine shall be calculated for every minute, or portion thereof, that the violation continues from the expiration of the “Order to
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 877 of 883 Abate” until the noise is fully abated to the satisfaction of the enforcement official.
b. The fine shall accrue at a rate of up to $100 per minute for the first violation, up to $200 per minute for the second violation within one year, and up to $500 per minute for each additional violation within one year, at a rate within those limits set by the enforcement official in accordance with paragraph (d). Notwithstanding the foregoing, for violations involving commercial activity in a residential zone, including but not limited to, activities regulated by Chapter 4.28 of the Unified Development Code, and for violations at a property in Enhanced Enforcement Status, the fine shall accrue at a rate of up to $200 per minute for the first violation, up to $400 per minute for the second violation within one year, and up to $1,000 per minute for each additional violation within one year, at a rate within those limits set by the enforcement official in accordance with paragraph (d).
c. The total duration-based fine for a single 24-hour period shall not exceed $5,000.00 per offense for the first violation, $10,000 per offense for the second violation within one year, and $25,000 for each additional violation within one year. Notwithstanding the foregoing, for violations involving commercial activity in a residential zone, including but not limited to, activities regulated by Chapter 4.28 of the Unified Development Code, and for violations at a property in Enhanced Enforcement Status, the total durationbased fine for a single 24-hour period shall not exceed $10,000.00 per offense for the first violation, $20,000 per offense for the second violation within one year, and $50,000 for each additional violation within one year. [Verify the enforcement vehicle and statutory caps under Government Code §§ 36900 and 53069.4.] d. In setting the per-minute rate within the applicable range, and in determining whether to impose an enhanced rate, the enforcement official, and on review the enforcement hearing officer, shall consider and the Notice of Duration-Based Fine shall state: the severity of the disturbance, including any measured sound levels; the duration of the violation after the Order to Abate; whether the property is in Enhanced Enforcement Status and the property’s history of substantiated violations; whether the responsible person, local contact person, or event contact was reachable and responsive; the time of day; and whether the violation occurred during commercial activity. Fines under this subsection are intended to deter violations and to recover the City’s enforcement costs, and shall be proportionate to the violation.
(3)Documentation and Recordation. The enforcement official shall maintain a written or digital log for each duration-based fine incident, which must
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 878 of 883 include: (i) the time the Order to Abate was issued and the time the compliance period, if any, expired; (ii) the name, identity, and/or description of the person to whom the order was given, or the actions undertaken reasonably calculated to provide notice, including any attempt to contact a local contact person or event contact; (iii) the time the violation was observed to have ceased; and (iv) any sound-level measurements made and the information required by Section 95C.03A(C).
(4)Notice of Violation. Within fifteen (15) business days of the incident, the City shall serve a formal “Notice of Duration-Based Fine,” stating the perminute rate applied, the start and end times of the violation as observed, and the factors considered under paragraph (2)(d), using the procedures, including the notice-and-order, hearing, and appeal procedures, for Administrative Civil Penalties under Subchapters 7, 11, and 12 of Chapter 12 of this Code. The burden of proof shall be on the City to show, by a preponderance of the evidence, the existence and duration of the violation.
(F) Civil Action Authorized. The City Attorney may elect to commence a civil action in any court of competent jurisdiction to enforce the provisions of this chapter, to restrain or enjoin any violation, and to seek the abatement of any condition declared herein to be a public nuisance. In any civil action brought pursuant to this section, the City may seek any and all legal and equitable remedies available under state or local law. This includes, but is not limited to, temporary, preliminary, or permanent injunctive relief, the appointment of a receiver, and any other order necessary to compel compliance with this chapter or to protect the public health, safety, and welfare. The prevailing party in any civil action or proceeding to abate a public nuisance or enforce this chapter shall be entitled to recover all costs of investigation and enforcement, including but not limited to reasonable attorney’s fees, expert witness fees, and administrative costs. Recovery of attorney's fees is subject to the City's election to seek such fees at the initiation of the action. The civil remedies set forth in this section are non-exclusive and are in addition to any other administrative or criminal remedies available to the City. The City's pursuit of civil relief shall not constitute an election of remedies so as to preclude the exercise of any other enforcement tool.
(G) Criminal Prosecution. Any person who violates, or causes or permits another to violate, any provision of this chapter may be prosecuted for a criminal offense. At the discretion of the City Attorney or City Prosecutor, any such violation may be filed and prosecuted as either an infraction or a misdemeanor. In exercising the discretion granted in this section, the City Attorney or City Prosecutor may consider any factors deemed relevant to the interests of justice, including but not limited to the severity of the disturbance, the violator’s history of non-compliance, and the impact on the community. The City Attorney or City Prosecutor is further expressly authorized to: (i) reduce a misdemeanor charge to an infraction at any stage of the proceedings; (ii) modify or dismiss charges in the interests of justice, in exchange for a “Civil Settlement Agreement,” “Diversion Program,” or other stipulated
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 879 of 883 compliance measures; and (iii) seek any additional orders from the court necessary to ensure the permanent abatement of the nuisance. Any person convicted of an infraction shall be punished by a fine in accordance with the limits established by state law. Any person convicted of a misdemeanor shall be punished by a fine not exceeding $1,000.00, by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
(H) Private Right of Action.
(1)Subject to the other requirements of this subsection, any person who is unreasonably disturbed, or whose property is damaged, by a violation of this chapter may bring a private nuisance cause of action for damages and/or injunctive relief.
(2)No action may be commenced under this section unless the aggrieved party has provided the alleged violator with at least thirty (30) days’ written notice of the intent to sue, and the violator has failed to fully abate the nuisance within that period.
(3)To maintain an action under this section, the plaintiff must be a physical occupant of a residential dwelling or a non-residential premises, situated within 300 feet of the noise source. The plaintiff must demonstrate that the violation personally and directly interfered with the use and enjoyment of the specific dwelling or non-residential premises physically occupied by the plaintiff on at least three (3) separate days within a thirty (30) day period. This right of action is personal to the physical occupant only and may not be asserted by any other person or entity. (4)Notwithstanding any other provision of this Code or state law to the contrary, no party shall be entitled to an award of attorney’s fees in any action brought under this section. Each party shall bear their own legal expenses. The prevailing party may recover only those standard court costs and filing fees as permitted by the California Code of Civil Procedure.
(5)City Immunity and Non-Joinder.
a. Discretionary Immunity. The decision to investigate, cite, or prosecute any violation of this chapter remains at all times a purely discretionary function of the City and its enforcement officials. The existence of a private right of action under this subsection does not create a mandatory duty on the part of the City to take any specific enforcement action, nor does it waive any immunity available to the City or its enforcement officials.
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 880 of 883 b. The City of Indio is not a necessary or indispensable party, and shall not be named or joined to any private civil action brought under this chapter
c. The City’s decision not to issue a citation or take enforcement action regarding a specific incident shall not be admissible in a private civil action under this subsection as evidence that no violation occurred, nor shall it be used to establish an estoppel defense against a private plaintiff.
(I) Second-Response Cost Recovery. Where an enforcement official responds to a property a second or subsequent time within any rolling twelve (12) month period for a substantiated violation of this chapter, the City may recover the costs of that response and each subsequent response, computed in accordance with Section
33.100 et seq. of this Code and the fee schedule adopted by City Council resolution, but in no case less than $100 per response. Such costs are a personal obligation of the property owner and of the person causing the disturbing noise, and of the parent or guardian of a minor causing the noise, and may be recovered as provided in Subchapters 13 and 15 of Chapter 12 of this Code. This subsection implements Policy SE-1.9 of the General Plan Safety Element.
(J) Relationship to Chapter 12.
(6)Except as expressly provided in this chapter, violations of this chapter shall be enforced in accordance with Chapter 12 of this Code (Enforcement of Code), and in the event of a conflict this chapter shall control. The terms “enforcement official” and “enforcement hearing officer” have the meanings given in Section 12.01.01.
(7)Each violation of this chapter is a discrete violation complete upon its occurrence and is not a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues within the meaning of Section 12.08.02(A)(1) of this Code or Government Code Section 53069.4(a)(2). No compliance order, grace period, warning, or opportunity to correct is required before the issuance of an administrative citation or notice and order for a violation of this chapter except the compliance period provided in subsection (C)(1).
(8)Duration-based fines under subsection (E) are administrative civil penalties assessed in increments of less than one day as authorized by Section 12.07.01(F) of this Code, and the daily maximums stated in subsection (E)(2)(c) apply in lieu of the maximum daily rate stated in Section 12.07.01(F).
(9)A notice that a property has entered Enhanced Enforcement Status, and a Notice of Duration-Based Fine, are appealable to the enforcement hearing officer under Section 12.11.01 within ten (10) calendar days after service.
An administrative citation may be contested as provided in Section
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12.08.05. The decision of the enforcement hearing officer is final on service as provided in Section 12.12.07(C), is not appealable to the Planning Commission or City Council, and is subject to judicial review only as provided in Section 12.12.08 or, for administrative citations, Section
12.08.06. (10) Nothing in this chapter limits the private nuisance remedy provided in Section 12.17 of this Code; the informal-resolution requirement of Section
12.17.02(B) applies to private actions and not to enforcement by the City.
EXHIBIT B
CONFORMING AMENDMENTS TO CHAPTER 12 (ENFORCEMENT OF CODE)
1. Section 12.01.01(5) of the Indio Municipal Code is amended to read: “(5) ENFORCEMENT HEARING OFFICER means any person appointed by the City Manager, from a list of qualified persons, to preside over administrative enforcement hearings, subject to Section 12.12.03.”
2. Section 12.02.03(B) of the Indio Municipal Code is amended by adding paragraph (7): “(7) Any other officer or employee of the City whose duties include the enforcement of Chapter 37 or Chapter 95C of this Code or Chapter 4.28 of the Unified Development Code, when designated in writing by the City Manager.”
3. Section 12.07.01(F) of the Indio Municipal Code is amended by adding at the end: “An ordinance of the City may authorize civil penalties for a continuing violation to be assessed in increments of less than one day based on the duration of the violation, and may establish for such duration-based penalties a maximum amount per day that differs from the maximum rate set forth in this subsection, in which case the maximum established by that ordinance controls.”
4. Section 12.08.07 of the Indio Municipal Code is amended by adding subsection (E): “(E) As used in this section, ‘within one year’ means within the twelve-month period immediately preceding the date of the current violation, measured on a rolling basis. For violations of Chapter 37 or Chapter 95C of this Code or Chapter
4.28 of the Unified Development Code, violations are counted per property, whether committed by the same or different persons.” The reference in subsection (D)(1) to “subdivisions (2) and (3)” is corrected to read “subsections (B) and (C).”
5. Section 12.11.01(A) of the Indio Municipal Code is amended by adding paragraph (3): “(3) A notice of suspension, modification, or revocation of any permit, license, registration, or authorization issued under this Code, a notice that a property has entered Enhanced Enforcement Status under Section 95C.10, and a Notice of Duration-Based Fine under Section 95C.10, unless a different appeal procedure is specifically provided by the chapter under which the notice is issued.” Section 12.11.01(D) is amended by adding at the end: “The stay provided in this subsection does not apply to an immediate suspension or cessation order issued
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 882 of 883 under Section 37.017(C) of this Code or Section 4.28.08(I) of the Unified Development Code, or to any other action that the chapter under which it is taken provides is not stayed by an appeal.”
6. A new Section 12.12.03.1 is added to the Indio Municipal Code to read: Ҥ
12.12.03.1 Independence of enforcement hearing officers. (A) Enforcement hearing officers shall be selected through a competitive request for proposals or request for qualifications administered by the City Manager. (B) Compensation shall be at a fixed hourly or per-hearing rate and shall not depend in any manner on the outcome of any hearing or the amount of any fine or penalty imposed or collected. (C) Appointments shall be for a term not exceeding three (3) years. (D) An enforcement hearing officer may be removed during a term only for cause. (E) A party may request the disqualification of an enforcement hearing officer under Section 12.12.03 by written request served on the City Clerk not less than five (5) court days before the hearing, stating the grounds; the request shall be decided by a different enforcement hearing officer, whose decision shall state the reasons in writing.”
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