HomeMy Public PortalAboutOrd 1169l
ORDINANCE NO. 1169
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, REPEALING AND REPLACING CHAPTER 9.30 ("USE OF LIBRARY
AND OBSERVATORY") OF DIVISION Ill ("OFFENSES AGAINST PUBLIC PEACE")
OF TITLE 9 ("PUBLIC PEACE, MORALS AND WELFARE") OF THE RANCHO
MIRAGE MUNICIPAL CODE REGARDING THE PUBLIC'S USE OF THE RANCHO
MIRAGE LIBRARY AND OBSERVATORY
WHEREAS , the City of Rancho Mirage ("City") is a charter city and a municipal
corporation , and recognized for certain purposes as a political subdivision of the State of
California; and
WHEREAS, the mission and purpose of the Rancho Mirage Library & Observatory
is to provide free and open access to a broad range of educational , scientific , and general
interest materials and services to people of all ages and backgrounds in a safe, c lean ,
civil , respectful and tranquil environment that is conducive to making everyone's visit at
the Library & Observatory a positive , productive and enjoyable experience , whether one
is engaged in reading , writing, researching, studying, learning , and/or attending and
participating in the multitude of community programs and events offered at the Library &
Observatory; and
WHEREAS , policies related to the use of Library and Observatory are necessary
for the following purposes : (1) to maintain peace and tranquility in the Library &
Observatory; (2) to allow members of the public to visit the Library & Observatory without
fearing for their safety; (3) to allow members of the public to use and enjoy the programs
and serv ices offered by the Library & Observatory ; (4) to prevent theft, vandalism and
damage of Library & Observatory property ; and (5) to p revent interference with staffs
ability to perform their duties and provide services to members of the public visiting the
Library & Observatory ; and
WHEREAS , the Library & Observatory is a limited public forum in that it offers a
venue for members of the public to gather for purposes of reading , writing , researching ,
studying, learning , and/or attending and participating in the multitude of community
programs and events focused on or centered around specific subject matters or topics
and which allows the public to express themselves in an orderly and relevant manner;
and
WHEREAS, the City Council finds that the ability of the general public to access
and enjoy the facilities and resources of the Library and Observatory in a peaceful and
tranquil manner and free from undue interference is a compelling governmental interest
in that it enhances the public's access to free educational and other informational material
in a safe, secure and clean and sanitary environment; and
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WHEREAS, the City Council finds that certain conduct and activities should be
specifically prohibited to prevent patrons of the Library and Observatory from incurring
personal injuries due to trips and falls ; and
WHEREAS , the City Council finds that the ability of the Library and Observatory
staff to perform their duties in a peaceful manner and free from undue interference is a
compelling governmental interest in that it allows staff to continue to provide excellent
services and programs to the public in a safe , secure and clean and sanitary environment.
NOW THEREFORE, THE CI TY COUNCIL OF THE CITY OF RANCHO MIRAGE
DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully
set forth herein.
Section 2. REPEAL AND REPLACEM ENT OF CHAPTER 9.30 ("USE OF
LIBRARY AND OBSERVATORY") TO DIVISION Ill ("OFFENSES
AGAINST PUBLIC PEACE ") OF TITLE 9 ("PUBLIC PEACE,
MORALS AND WELFARE") OF THE RANCHO MIRAGE
MUNICIPAL CODE
That Chapter 9 .30 ("Use of Library and Observatory") of Division Ill ("Offenses
Against Public Peace") of Title 9 ("Public Peace , Morals and Welfare") of the Rancho
Mirage Municipal Code , is repealed in its entirely and replaced with the following:
Chapter 9 .30
LIBRARY AND OBSERVATORY USE POLICY
9 .30.010 Mission and Purpose.
The mission and purpose of the Rancho Mirage Library & Observatory is to provide free
and open access to a broad range of educational , scientific , and general interest materials
and services to people of all ages and backgrounds in a safe , clean , civil , respectful and
tranquil environment that is conducive to making everyone's visit at the Library &
Observatory a positive , productive and enjoyable experience , whether one is engaged in
reading , writing , researching , studying, learning , and/or attending and participating in the
multitude of community programs and events offered at the Library & Observatory .
9.30.01 2 Inte nt.
This Library & Observatory Use Policy is intended: (1) to maintain peace and tranquil ity
in the Library & Observatory; (2) to allow members of the public to v is it the Library &
Observatory without fearing for their s afety ; (3) to allow members of the public to use and
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enjoy the programs and services offered by the Library & Observatory; (4) to prevent theft,
vandalism and damage of Library & Observatory property; and (5) to prevent interference
with staff's ability to perform their duties and provide services to members of the public
visiting the Library & Observatory.
9.30 .014 Limited Public Forum.
The Library & Observatory is a limited public forum in that it offers a venue for members
of the public to gather for purposes of reading , writing , resea~ching , studying , learning ,
and/or attending and participating in the multitude of community programs and events
focused on or centered around specific subject matters or topics and which allows the
public to express themselves in an orderly and relevant manner.
9.30.016 General Use Policy.
The Library & Observatory is open to all members of the public. Patrons may visit the
Library & Observatory, during the normal business hours the Library & Observatory are
open to the general public, to use the services, materials or facilities for reading , writing ,
researching , studying , learn ing and/or attending and participating in a multitude of
community programs and events, and obtaining information .
Certain persons, however, may be directed to leave the premises of the Library &
Observatory with or without advance warning , when their behavior, conduct or activities
d isrupts the use of the Library & Observatory by other patrons, interferes with the staffs
ability to perform their duties, threatens the health or safety of patrons or staff, or is
inconsistent with any of the terms , provisions and restrict ions set forth in this Library &
Observatory Use Policy.
The Library & Observatory also reserves the right to summarily revoke and/or suspend
any portion of a patron 's Library & Observatory privileges for violating any terms ,
provisions and restrictions set forth in this Library & Observatory Use Policy .
9.30.018 Personal Items.
For security reasons , the Library & Observatory reserves the right to limit the si z e and
number of personal items brought into the building .
The Directo r may set and adjust the maximum dimensions of personal items that patrons
may bring in to the Library & Observatory, by posting a sign in a conspicuous location
near the entrance to the Library & Observatory specifying the applicable maximum
dimensions and/or by posting notice of said maximum dimensions on the Library &
Observatory website(s). Personal items exceeding any size limitations shall not be
permitted inside the Library & Observatory without prior permission of staff.
In addition , personal items such as backpacks , bags , boxes, and other containers may
not be left unattended and shall not be placed or left so as to block or impede any
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entrances , exits , hallways , walkways or driveways on the premises. All unattended
personal items shall be subject to immediate confiscation by staff.
Shopping carts, bicycles , skateboards, roller blades, segways, razor scooters, and other
wheeled devices must be left outdoors and should be secured to a designated storage
rack. Notwithstanding the foregoing , this subsection does not apply to wheeled devices
which are being used as mobility devices for persons with disabilities, including, but not
limited to , wheelchairs, baby strollers, electric scooters, segways, and other manual or
power-driven mobility devices, as those terms are defined under the ADA and the
regulations implementing the ADA.
9.30.020 Cell Phone Policy.
All cell phones and other similar communication devices shall be switched to silent mode
and talking on cell phones or other similar communication devices are limited to the lobby,
cafe and exterior areas of the Library & Observatory .
9.30.022 Children's Room and Child Supervision .
The Children's Room is intended to be used by children with a parent, guardian or other
responsible person accompanying children or those legitimately working in the Children's
Room with the expressed permission of the Director.
Children must be properly supervised as described below. The Library & Observatory
staff has neither the right nor the responsibility to act in place of a parent, guardian or
other responsible person .
Children the age of 8 and under must be accompan ied by a responsible caregiver 14
years of age or older and may not be left unattended . Children ages 9 through 13 may
use the Library & Observatory without direct supervision; however, a responsible
caregiver or legal guardian must always be present in the Library & Observatory . Children
ages 14 and up may utilize the Library & Observatory unaccompanied .
9.30.024 Prohibited Conduct, Activities and Behavior.
The following conduct, activities and behavior shall be prohibited and any person
engaging in such conduct, activities or behavior may be subject to a single warning before
being subject to immediate removal from the premises upon demand of a Library &
Observatory supervisor or designee. Such prohibited conduct, activities and behavior
include , but are not limited to, the following:
(a) Eating or consuming any food product inside the Library & Observatory, outside
the coffee bar area, or other areas approved by prior arrangement.
(b) Drinking or consuming any beverages inside the Library & Observatory without
proper container and secured lid.
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(c) Drinking or consuming any alcoholic beverage inside the Library & Observatory,
unless otherwise permitted during a special event.
(d) Using or consuming, including without limitation, smoking, chewing or vaping any
tobacco or cannabis product inside the Library & Observatory .
(e) Creating or causing unreasonably loud noises such as talking loudly, laughing
loudly, yelling, screaming, stomping feet, banging on computer keyboards or other
surfaces or projecting music or other sounds from instruments, computers,
headphones, radios, stereos, or other amplifying equipment inside the Library &
Observatory.
(f) Wearing cleats, skates, or roller blades, riding skateboards, or wearing or using
any other such items that could damage property or pose a risk of bodily harm
inside the Library & Observatory.
(g) Sleeping , lying and sitting on the floors inside the Library & Observatory unless
part of a Library or Observatory program or activity .
(h) Bringing or riding bicycles or other wheeled devices, other than baby carriages,
and walkers, scooters, wheelchairs and any other manual or motorized wheeled
device for disability mobility in the Library & Observatory.
(i) Engaging in any conduct, behavior or activity that a patron complains to staff to
unreasonably interfere or disrupt with the complaining patron 's reasonable and
normal use of Library & Observatory facilities.
0) Conducting any business or profession or other commercial enterprise, or selling
or offering for sale any service, merchandise, food, or beverage on the Library &
Observatory premise without prior authorization of the Director.
(k) Distributing non-library materials such as flyers, petitions, gathering signatures, or
conducting surveys in the Library or Observatory, without prior authorization by the
Director.
(I) Soliciting or collecting money, funds or donations from staff or patrons inside the
Library & for any reason unless otherwise approved in advance by the Director.
(m)Bringing animals into the Library & Observatory other than service animals.
(n) Entering the Library & Observatory without proper protective foot coverings such
as shoes, and/or attire covering the genital, buttocks and nipples areas.
(o) Blocking , impeding or hindering ingress and egress to the Library & Observatory
by sitting or standing in aisles, walkways , driveways, or other exits or entrances at
the Library & Observatory.
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(p) Entering non-public areas in the Library & Observatory such as the staff offices,
workrooms and other staff-only areas that are not open to the public without staff
authorization .
(q) Bathing , washing hair, doing laundry, washing dishes, or engaging in similar such
activities using the restrooms or any water facilities at the Library & Observatory.
(r) Possessing firearms , weapons, explosive devices or materials, poisonous or
noxious materials , and other items or materials generally capable , intended or
designed to cause or inflict death or bodily harm in the Library & Observatory.
(s) Gambling , including conducting a raffle or lottery in the Library & Observatory ,
without prior authorization of the Director as may be permitted under the law.
(t) Placing or attempting to flush inappropriate items in the sinks, urinals or toilets in
the Library & Observatory restrooms .
(u) Removing or relocating furniture or fixtures in the Library & Observatory without
prior authorization of the Director.
(v) Placing feet or shoes on any item of furniture located inside the Library &
Observatory.
(w) Inappropriately using Library & Observatory property and materials, including
computer hardware and software, printers , scanners, copiers , phones , DVDs,
books , and other materials and equipment.
(x) Littering in the Library & Observatory.
9.30.026 Subject to Immediate Removal.
The following behavior is illustrative of conduct which will warrant an immediate order to
leave the facility :
(a) Physically disrupting or interfering with; any patron's ability to use the Library &
Observatory's resources or materials, or with staffs ability to assist patrons in
doing so .
(b) Threatening or using abusive language or gestures directed towards patrons or
staff.
(c) Intimidating, harassing, stalking , or continuously staring at any person, so as to
cause such person reasonably to feel uncomfortable or unsafe while in the Library
& Observatory.
(d) Fighting or challenging a person to fight.
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(e) Damaging or stealing Library & Observatory property, equipment or materials .
(f) Engaging in behavior, activities or conduct in the Library & Observatory that is
prohibited by law.
(g) Engaging in any sexual activity or lewd conduct in the Library & Observatory.
(h) Using , possessing or selling illegal drugs in the Library & Observatory.
(i) Being visibly intoxicated in the Library & Observatory.
0) Emitting certain odors (due to lack of proper personal hygiene or extensive
application of body fragrances) that cause nuisance conditions that interfere with
a reasonable patron's peaceful enjoyment or use of the Library & Observatory's
facilities or materials, or interfere with staffs ability to properly and adequately
perform their duties without annoyance caused by nuisance body odors.
(k) Failing to comply with any warning or request to change or cease certain
proscribed conduct.
(I) Entering the Library & Observatory in violation of a court order, such as a
temporary or permanent restraining order or injunction .
9.30.028 Computers -General Use Policy.
The Library & Observatory does not provide e -mail accounts to users; however, users
may establish or access their own accounts with commercial email services through the
Library & Observatory's internet terminals . Patrons, however, accessing their personal
accounts and files do so at their own risk.
Patrons using the Library & Observatory's computers shall comply with the following :
(a) Observe and abide by the terms, provisions and restrictions set forth in the Library
& Observatory Use Policy .
(b) Respect the privacy of other computer users and refrain from viewing or
commenting upon what others are viewing or typing .
(c) Do not engage in behavior that disturbs another patron 's use of a computer.
(d) Use of computer workstations is free and is on a first-come, first-served basis for
60 minutes per patron per day. There is no requirement to have a library card to
use the computers ; a one-hour visitor's pass may be obtained from Library &
Observatory staff.
(e) Patrons are responsible for print charges, which are payable at the time of printing .
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(f) The Library has three computer workstations available next to the cafe, which are
availabl~ for 15-minute increments for a maximum of 60 minutes per patron per
day. Patrons with library accounts can access the stations with their library card
logins; guest passes can be acquired from Library & Observatory staff.
(g) A patron's hour of computer usage at the Library & Observatory is limited to 60
minutes per patron per day regardless of the computers accessed.
(h) Patrons may download files to their own personal storage devices . While patrons
may utilize their own storage devices , the Library & Observatory is not responsible
for damage to patrons' disk or computers, or for any loss of data, damage, or
liability that may occur due to a computer virus contracted from the patron's use of
the Library & Observatory's internet services or equipment.
(i) The Library & Observatory's computer workstations are set up for optimal usage
by a single individual. In some cases, such as a parent or guardian with children,
it may be important for two or more people to work together at a computer
workstation . However, if the activities of a group interfere with the effective use of
the Library & Observatory by others, group members will be asked to correct the
behavior, or leave the computer area.
9.30.030 Computers -Internet and Hyperlink Use Policy.
Public access to the internet is free and available on all the Library & Observatory's
computer devices that the Library & Observatory have designated for public use. The
Library & Observatory also offers free wireless access to patrons who prefer to work in
the facility on their personal devices .
The Library & Observatory computers and internet connection are not operating on a
secured network. The Library & Observatory also does not warrant that its website , the
server that makes it available, or any links from its site to other websites are free of viruses
or other harmful components .
The Library & Observatory provides free and open access, via the internet, to
informational, educational, recreational, and cultural resources to serve the diverse needs
of patrons of all ages and backgrounds. The internet, as an information resource enables
the Library & Observatory to provide information beyond the confines of its own physical
collection-:-Because of its international character, the internet is an unregulated medium
of information . As such, while it offers a wealth of excellent information , it also enables
access to some material that may be controversial , unreliable, misleading, personally
offensive, or illegal under U .S . law.
The Library & Observatory acknowledges the First Amendment right to access
constitutionally protected materials through the internet, using the Library & Observatory's
public access computers. The Library & Observatory does not support, approve , condone
or sanction all content that can be found on the internet. As such, the Library &
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Observatory does not filter internet access except when it pertains to protecting Library &
Observatory equipment from malware, which includes malicious software, Trojan horses ,
spyware and potential computer viruses and worms.
The Library & Observatory's home page , accessed at www.ranchomiragelibrary .org, is
designed and maintained by Library & Observatory staff. The Library & Observatory's
home page features hyperlinks to an endless number of internet sites . When accessing
a hyperlink from the Library & Observatory's home page, patrons should note the
following :
(a) The Lib rary & Observatory is not responsible for the content or changes in the
content of any hyperlinks.
(b) The Library & Observatory does not control or limit access to any hyperlinks which
may contain controversial , illegal or offensive material.
(c) The Library & Observatory does not censor the contents of any hyperlinks .
(d) The Library & Observatory doe$ not warrant that hyperlinks are free of viruses,
worms or other harmful components .
(e) The Library & Observatory does not retain records of any patron's use of
hyperlinks.
The Library & Observatory strives to balance the rights of patrons to access various types
of information resources with the rights of users to work in a public environment free from
disruptive sounds and graphic visual images. There are information resources on the
internet that are accessible through hyperl inks some may find disruptive or offensive for
viewing in an open public setting . Because the Library & Observatory is a public place
shared by people of all ages, sensitivities and cultural b ackgrounds , the Library &
Observatory staff reserves the right to terminate a patron's internet or computer use at
any time another patron complains that the patron's use of a hyperlink is displaying
images and/or creating any sounds or noises that are disruptive or offensive .
9 .30 .032 Computers -Unacceptable Use.
Library & Observatory computers and computing resources may not be used for any
illegal purposes. Unacceptable use of the Library & Observatory's computers will result
in a request for compliance prior to direction to leave the facility or may result in the loss
of computer privileges. Patrons are financially liable for any damage caused either directly
or indirectly to any equipment or software belonging to the Library & Obse rvatory.
Unacceptable use includes , but is not limited to , the following:
(a) Using the internet for illegal activities , including but not limited to , using the internet
to make, create, solicit, or initiate transmissions of harmful or obscene material as
defined under state or federal law.
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(b) Hacking into or circumventing the Library & Observatory computer system or any
other computer system or attempting to delete, copy , modify, or forge other users'
mail or files.
(c) Gaining unauthorized access to files or records of another person or entity.
(d) Sending harassing, threatening, defamatory, or illegal messages or material to
other computer users .
(e) Violating copyright laws and software licensing agreements.
(f) Plugging non-approved devices into the computer(s).
(g) Using another patron 's library card or guest pass to access computers in the Public
Computer Room or Cafe Computers.
(h) Damaging, vandalizing, or attempting to damage or alter the Library &
Observatory's computer equipment, resources , data or software or interfering with
systems operations , integrity, or security, including intentional propagation of
computer viruses .
9.30.034 Computers -Use By Children.
Children under the age of 14 are permitted to use the computers located in the Children's
Room area of the Library & Observatory. The Library & Observatory has created a home
page and related web pages entitled "Kids' Library" to provide educational information
and activities for children , as well as hyperlinks to other websites for use by children .
Computers made available for children in the Children's Room are equipped with a
commercial filter. Its purpose is to block access to materials accessible through the
internet that are inappropriate for viewing in the public setting or serve limited educational
or informational purposes for children . However, no filter is ever completely successful in
blocking inappropriate sites and commercial filters have a variable rate of effectiveness
in screening out age-inappropriate sites.
Parents, guardians, and caregivers are encouraged to work with their children to develop
acceptable rules of internet use. It is their responsibility to set standards and guidelines
and to decide which Library & Observatory resources and internet websites or resources
are appropriate for their children . Library & Observatory staff are available to assist
parents and their children with internet use and to help identify appropriate internet sites .
The Library & Observatory staff has neither the right nor the responsibility to act in place
of a parent or guardian and assumes no responsibility for use of the internet by minors.
Children under the age of 14 may not use the computers in the Jeanne & Charlie Parrish
Computer Room or in the Cafe unless they are accompanied by a responsible adult age
18 or older.
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9.30.036 Suspension and Revocation of Privileges.
The Director shall have authority to suspend or revoke any patron 's privilege to use the
Library & Observatory, by summarily banning said patron from the premises for any
specified period of time, if the Director determines that the patron has violated any
provision of this Library & Observatory Use Policy . No person who has had their Library
& Observatory privileges suspended shall return to the premises without prior approval of
the Director.
9.30.038 Meeting Rooms-Use Policy .
The Meeting Rooms at the Library & Observatory are available to patrons to meet for
civic, educational , cultural, and library related activities that support the Library &
Observatory's goals and objectives . In order to accommodate groups that are interested
in using a room, the Library & Observatory established the following Meeting Rooms
Procedure that requires an application and sets forth scheduling procedures , meeting
rooms use regu lations, and the user fees for use of the meeting rooms and equipment.
9.20.40 Meeting Rooms -Procedure.
The following procedures shall apply to the use of meeting rooms :
(a) Application. Any person or group of persons interested in using a meeting room
must complete and submit a Library Meeting Room application provided by the
Library & Observatory. The applicant may be requested by staff to provide
additional information to assure compliance with the regulations and specifications
of this Library & Observatory Use Policy and that the proposed meeting , event or
activity will be conducted in an orderly manner without damage to the facilities . The
applicant shall execute a Hold Harmless Agreement that holds the Library &
Observatory and the City of Rancho Mirage and their respective employees,
agents, contractors, volunteers or other representatives harmless or liable for any
property damage, bodily harm or other claims proximately caused by the applicant
or any non-Library & Observatory staff member participating in the meeting, event
or activity the applicant was granted permission to use the meeting room for. The
application must be approved by the Director before the meeting room may be
used by the applicant.
(b) Reservations. Reservations for use of a meeting room may be made up to twelve
months in advance. Requests may be made by telephone , online, or in person , but
the reservation will not be valid until the required fees have been paid and the
Library Meeting Room Application has been signed by a responsible member of
the organization and approved and signed by the Director. The Director reserves
the right to reject any Library Meeting Room application , and there shall be no right
to appeal the Director's decision.
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9.30.042 Meeting Rooms -Regulations and Restrictions .
All meeting room users will be subject to the following regulations and restrictions:
(a) For all meetings of young people, 17 years and under, there shall be at least one
responsible adult in attendance , who shall remain in the meeting room for the
duration of the approved meeting, event or activity.
(b) No groups' use shall interfere with the normal use and activities of the Library &
Observatory except when determined appropriate by the Director for a special
event.
(c) Except for Library & Observatory fundraising activities, all fees , donations , or
admissions charged by the group using a meeting room must be limited to
essential expenses of the group . The group treasurer will be required to submit a
financial report following the conclusion of any approved meeting , event or activity
that shows the meeting room was not used for a for-profit basis .
(d) Meetings, events and activities conducted in a meeting room shall not be in the
nature of a commercial enterprise.
(e) Meeting room capacities shall not be exceeded .
(f) Meeting rooms shall not be used for private social functions . (See Priorities of Use
as it relates to nonprofit and social organizations).
(g) A Library Meeting Room application may be denied based on frequency of use or
requests for space by other groups and organizations , which have not used a
meeting room as frequently as the applicant. It is a goal of the Library &
Observatory to make meeting rooms available to a wide variety of groups and
organizations on an equal frequency basis if feasible .
(h) Groups are expected to leave a meeting room in the condition in which it was
found .
(i) Food or drink may not be brought into or served in a meeting room without prior
approval of the Director. All debris , food, and personal items shall be removed
from a meeting room after the approved meeting, event or activity room is
concluded.
G) Library & Observatory staff will not accept telephone messages for meeting
attendees nor page them , except in cases of emergency.
(k) Equipment, supplies , or personal effects cannot be stored or left in the Library &
Observatory 's facilities before or after use . The Library & Observatory shall not be
responsible for theft or damage regarding any personal property brought into the
meeting room or any other area of the Library & Observatory.
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(I) The Library & Observatory does not provide special accommodations o r services
to any users of the meeting rooms , such as parking, taking phone messages,
escorting attendees into the meeting room , carrying or providing supplies,
providing , storing or serving refreshments , or making photocopies .
(m)The Library & Observatory will set up Library & Observatory equ ipment for the
meeting room , but it shall not be responsible fo r storing or setting up any equipment
brought in by the user.
(n) Permission to use the Library & Observatory's meeting rooms does not and shall
not constitute the Library & Observatory or City's endorsement of a group 's
viewpoints , product, service , or program . Advertisements or announcements
implying such endorsement are not permitted .
(o) Library & Observatory or City needs may preempt other scheduled meetings,
events or act ivities in meeting rooms .
(p) Library & Observatory staff must always have free access to meeting rooms . The
Library & Observatory retains the right to monitor all meetings, events and activities
to ensure compliance with Library & Observatory policies .
(q) Permission to use the meeting rooms may be withheld from groups that have
damaged room(s), carpet, equipment, furniture , facilities , or grounds, or that
caused a disturbance, or have failed to comply with the Library & Observatory's
. policies , rules , and regulations.
(r) Alcoholic Beverages :
(1) The use or consumption of alcoholic beverages shall not be permitted , unless
otherwise permitted as follows .
(2) The sale and consumption of alcoholic beve rages may be permitted on a one-
day basis subject to the following :
i. The applicant must obtain any necessary permits and/or licenses from the
California Department of Alcoholic Beverage Control and provide proof of
the same to the Director at least five business days before the subject event.
ii. The Director may designate specifically where the sale , service and
consumption of alcoholic beverages may take place .
iii. If the Director determines that security is necessary for the subject meeting,
event or activity, the applicant shall be responsible for paying for the
services of such security and provide proof that such security has been
retained at least five business days before the subject meeting , event or
activity .
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9.30.044
iv . Liability insurance coverage in the amount of $1 million combined single
limit liability shall be provided and maintained during the event and such
insurance shall name the City of Rancho Mirage , its officers, employees,
and agents as additional insureds. A greater o r lesser amount may be
authorized depending upon the risk level of the subject meeting , event or
activity , according to recognized insurance and risk management standards
as determined by the City's Risk Manager. Proof of the above insurance in
the form of a certificate of insurance shall be provided to the Director at least
five business days prior to the event.
v . No alcoho lic beverages shall be served to any person under twenty-one
years of age and/or who is not in attendance at the event.
vi. The Director may deny a request to sell or use alcoholic beverages if it is
determined that such activity may disrupt patrons of the Library &
Observatory, conflict with other uses of the Library & Observatory , is not
necessary for the subject event, or is otherwise inappropriate .
Meet ing Rooms -Priorities of Use.
Permission of use of meeting rooms shall be granted subject to the following priorities :
(a) All official Rancho Mirage Library & Observatory and City of Rancho Mirage
meetings, events and activities including those of the Rancho Mirage Library &
Observatory Foundation and Rancho Mirage Writers Festival.
(b) All official Library & Observatory co -sponsored groups and/or activities such as
community groups and activities that are non -profit, self-governing , privately
organized, and of an educational nature that may be brought under the
sponsorship of the Library & Observatory .
(c) Recreational , social , or civic activities in groups that are resident promoted and
sponsored by local non-profit organizations .
(d) Recreational, social, or civic activities in groups that are non -resident promoted,
sponsored by non -profit organizations.
(e) Schools, colleges , hospitals, and other similar civic groups not qualifying under the
definition of non -profit , which is defined as an organization that is so defined by the
Internal Revenue Service, 501 (c) (3) and has a State of California Tax
Identification Number.
9.30.046 Meeting Rooms-Available Hours.
Meeting rooms are available during the hours the Library & Observatory is open until 15
minutes before closing:
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Wed
Thurs. Fri , & Sat
9:00 a .m . -5:45 p .m .
9:00a.m.-7 :45p.m .
9 :00a.m.-5 :45p.m .
9.30.048 Meeting Rooms -Fees and Cancellation.
No fee shall be charged for use of meeting rooms or equipment by the Library &
Observatory, the City of Rancho Mirage or its affiliated agencies , Rancho Mirage Library
& Observatory Foundation and Rancho Mirage Writers Festival , or any professional
library organizations co-sponsored by the Library & Observatory.
Meeting rooms are reserved for two-hour minimums for the fees set forth below, and they
are subject to the following maximum occupancies:
Room Maximum Occupancy
Conference Room 22
Community Room 350
Staff Service Charge
Fee
$ 25 .00 per hour
$ 150.00 a day (8 hours)
$ 50 .00 minimum
$ 150.00 per hour
$ 1 ,000 a day (8 hours)
$ 300 .00 minimum
$50 per hour
$100 minimum
The meeting room fee includes the setup and dismantling of chairs and tables as
applicable .
Staff Service Charge of $50 .00 per hour (2 -hour minimum).
The Staff Service Charge includes computer and AV setup , consulting , and/or monitoring
during the meeting , event or activity. The fee will be estimated by the Director at the time
of booking .
Notice of cancellation of a reservation is required three weekdays prior to the scheduled
use . Any notice of cancellation less th an three weekdays will result in forfeiture of $50 .00 .
9.30.050 Study Rooms -Use Policy.
The Library & Observatory provides two quiet study rooms for small groups (consisting of
2 to 4 members) for educational , research, study, and discussion purposes .
9.30.052 Study Rooms -Rules .
Study rooms shall be subject to the following rules :
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(a) There is no charge to use a study room.
(b) Use of a study room is on a first-come, first-served basis . No room reservations
will be taken except for a Library & Observatory sponsored activity . (e .g . internet
tutoring).
(c) Individuals may use the study rooms but will be asked to vacate if a group arrives .
(d) Before entering a study room , one must sign the sign-in sheet at the Information
Desk, provide the name of a responsible group member and indicate the time of
signing in. Upon leaving the study room, the person who signed in , must indicate
on the same sign in sheet the time the study room was vacated .
(e) There is a two hour per day, per group limit on the use of the study rooms. Study
rooms cannot be used as a group member's primary place of meeting, business,
or study more than the standard two hours per day. Study rooms may be used
during normal operating hours , up to 15 minutes prior to the closing of the Library .
(f) Study room users must be 14 years of age or older. Children under 14 years of
age must be accompanied by a parent, guardian, or instructor if tutoring.
(g) For-profit business activities are not permitted in the study rooms. For example,
buying , soliciting, selling, advertising, or trading products or services for cash or
other consideration (except in support of the Library & Observatory) are not
allowed . Small business meetings, planning sessions, etc . are discouraged .
(h) The following uses shall not be permitted : political rallies or meetings, religious
services or instruction, and personal or family events.
(i) Rooms are not intended for social activities or to be the regular meeting site of a
private social group or organization.
0) Compensated educational services or individually paid tutors are permitted to use
the study rooms.
(k) Covered drinks are allowed but tobacco and alcohol are strictly prohibited; smoking
and vaping of any kind will not be permitted.
(I) Groups or individuals may be asked to leave the Library & Observatory if they
disturb others or engage in destructive or inappropriate behavior or otherwise
violate any term , condition or restriction of the Library & Observatory Use Policy
while using a study room .
(m)Users of the study rooms are responsible for leaving the rooms in a neat and
orderly condition. Failure to do so may result in the denial of future requests to use
a study room .
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(n) Craft projects using paints, glues , glitter, and other materials are not allowed in
study rooms .
(o) Items may not be affixed to the study room walls .
(p) The Library & Observatory is not responsible for the loss of or damage to any
equipment or materials owned by an individual or group using the study rooms .
9.30.054 Storytime Room Use Policy .
The Storytime Room is intended to be used by Library & Observatory staff as a venue for
Storytime activities and crafts . The Storytime Room is not for use by the general public
and will be locked to ensure security an d public safety when not in use by the Library &
Observatory staff.
9.30.056 Circulation Policy.
The Library & Observatory's Circulation Policy sets forth the rules and regulations as they
pertain to library patron cards , loan pe riods , fines and fees, reserves , library privileges ,
confidentiality laws, and the application of these practices.
9.30.058 Library Patron Cards.
] Library Patron Cards may be issued subject to the following :
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(a) Library cards are issued to the residents and property owners of Rancho Mirage
at no cost upon presentation of proper identification :
(1) Valid photo identification (current California Driver's License or 10 , U .S .
Passport , or government issued 10); and
(2) Proof of current mailing address (e .g . checkbook , utility bill , etc.) if different
from address listed on 10 .
(b) Non-resident library cards will be issued to other California residents at no cost.
(c) A patron whose primary residence is outside the State of California but owns
property in California will be issued a library card at no cost upon presentation of
the following information :
(1) Valid photo 10 , such as a drive r's license , U.S . Passport , or government issued
ID ;and
(2) Proof of California property ownership (deed of trust, property tax statement,
homeowner's insurance or HOA fee s).
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leasing or renting property in the Coachella Valley will be iss ued a library card at
no cost upon presentation of the following information Valid photo 10 such as a
driver's license , U.S. Passport , or government issued 10 and Rental contract , lease
agreement, or employment contract for a period of five months or longer while
showing proof of mailing address in the Coachella Valley.
(e) A patron residing outside the State of California may purchase an out-of-state
library card. Ca rds are issued for a one-month period for a fee of $10.00 , a six -
month period for a fee of $30.00, or a twelve -month period for a fee of $45 .
(f) Adult cards are issued to patrons 18 years of age and older.
(g) Young Adult cards are issued to patrons age 13-17 upon presentation of schooiiD
or consent of a parent or guardian .
(h) A Parent or guardian signature is required for a library card for children 12 years
of age or younger.
(i) Rancho Mirage residents can receive a Resident library card upon presentation of
valid photo identification and proof of Rancho Mirage residency . Proof of residency
can include a property tax bill , HOA fees, homeowner's insurance , or other
documents that prove a Rancho Mirage re si dency or property ownership.
U) Donors of $100 annually to the Library & Observatory can obtain a library Donor
card . Both the Resident card and Donor card have additional benefits , including
early admittance to specified programming.
(k) A Teacher's card is issued to any teacher who works in a Coachella Valley
educational program or parent who is home schooling a student. A home-schooling
parent will receive a Teacher's card upon presentation of a home-schooling
certificate .
(I) Lost library cards will be replaced for a fee of $1 .00 .
(m)Virtual Cards on smart phones or other devices can be used in lieu of a library card
if the virtual card includes the library card number, barcode , and can be scanned
by Library & Observatory card reader. Patrons may be asked to confirm
information for added security.
9.30.060 Loan Pe riod s .
The following materials shall be subject to the loan periods set forth below :
(a) Books , audiobooks , music COs, and magazines may be borrowed for a period of
14 calendar days. These materials may be automatically renewed for two (2)
addit ional14-day loan periods if they have not been reserved .
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(b) DVDs or Blu-rays may be borrowed for a period of (seven) 7 calendar days. DVDs
or Blu-rays may be renewed for an additional (seven) 7 calendar days if they have
not been reserved .
(c) EBooks and eAudiobooks may be borrowed for a period of 21 calendar days and
may be renewed for an additional calendar 21 days if they have not been reserved .
(d) Teachers may borrow certain materials for a period of 28 calendar days. Items
loaned to a teacher are not available for renewal. DVDs and Blu-rays are not
eligible for loan to teachers beyond a period of (seven) 7 calendar days, subject to
the additional (seven) 7-day renewal available to other patrons . Teachers' loans
are limited to 50 items at a time .
(e) Special Collection , reference materials, newspapers , the current issue of a
magazine, and any issues of Palm Springs Life are not available for circulation
9.30 .062 Fines And Fees.
The Library & Observatory does not charge late fees for overdue items; however, patrons
are responsible for returning borrowed materials by the end of the loan period, subject to
the following:
(a) After a borrowed item is seven (7) calendar days overdue , the Library &
Observatory will send an overdue notice via email or text.
(b) Library & Observatory patrons are responsible for the replacement cost of library
materials plus a processing fee for materials that have been considered lost or
damaged . Library materials are considered lost once they reach 30 days overdue .
The Library does accept replacement copies for damaged or lost books per the
approval of the Director.
9 .30.064 Library Privileges.
Once an item is seven (7) calendar days overdue a patron's account will become
delinquent. The Library & Observatory reserves the right to refuse borrowing privileges to
patrons who become delinquent.
Patron accounts will also become delinquent if outstanding fees reach $10 . While the
Library & Observatory does not charge late fines for overdue items , patrons can accrue
fees by losing or causing damage to Library materials.
9.30.066 Special Conditions.
Patrons may not borrow more than 25 items overall and more than 10 DVDs at any given
time . Patrons are limited to 5 total items at the time of their first checkout with a new library
card . Patrons with a teacher's library card can checkout 10 items during their first
checkout.
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Patrons must have an adult or young adult library card to borrow DVDs or Blu-rays from
the adult collection . Children younger than 14 may check out DVDs or Blu -rays from the
children 's collection only .
The Library & Observatory assumes no responsibility for any possible damage to the
patron 's audio or video equipment that might be related to using audiovisual materials
borrowed from the Library & Observatory .
9 .30.068 Reserves.
Library & Observatory patrons may place reserves on all circulating materials in the
Library & Observatory's collection and may request materials from other libraries
(interlibrary loan) at $5.00 per item . Rancho Mirage residents may request interlibrary
loan items free of charge . Interlibrary loan requests are limited to four requests per month
per patron . Audiovisual materials (Audiobooks , Music COs , and DVDs) may not be
borrowed from other libraries or loaned to other libraries through interlibrary loan .
(a) Replacement cost of lost item or item damaged beyond repair:
The cost of a replacement for a lost or damaged item is the Library & Observatory's
cost of item (plus processing fee), or if the cost cannot be determined :
Book
Paperback book
Book on CD (Audiobook)
Replacement CD
DVD or Blu -ray
Music CD
Magazine
Additional processing charge for
replacement of damaged or lost items
(b) Charge for lost or damaged accessories :
Replacement Music CD case
Replacement of DVD, Blu -ray case
Book on CD Audiobook case
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$30 .00
$10.00
$75 .00
$10 .00
$15 .00
$12 .00
$5 .00
$5 .00
$2 .00
$4 .00
$8.00
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Replacement of media artwork
Fee for Damage to Barcode on Library Material
Fee for Removed Security Tag/Overlay
(c) Copy Charges
Photocopying & Printing :
Black and White
Color
9.20.70 Confidentiality of Library Records.
$4 .00
$1 .00
$2.00
$0 .10 per page
$0.25 per page
California State Law protects the contents of library patron records (Government Code ,
Sec. 6267). Under this law , library employees are prohibited from sharing information
about what a patron has checked out with anyone else, including parents and spouses.
Under this law, library staff is not permitted to do any of the following:
(a) Tell a parent what a child has checked out-even if a fee is owed on that
material.
(b) Provide access to library records to law enforcement without a search warrant.
(c) A patron can permit other people to know what they have checked out or to
pick up holds for them by completing a "confidentiality waiver" specifically
allowing a person to have access to their library records .
(d) In the event of lost items , circulation information only regarding lost materials
will be made available to the person who is financially responsible for payment
of the lost items without a written request or consent of the patron .
9.30.072 Collection Development Policy.
The Library & Observatory provides a variety of print and non-print materials to meet the
informational, educational , and recreational needs of the entire community.
The Library & Observatory seeks to provide breadth within the collection , various points
of view , and differing formats . The Library & Observatory endeavors to balance materials
of permanent value with those of current interest. Materials are selected based on their
content as a whole, not on selected excerpts.
Race, nationality, or political , social , moral , or religious views of an author does not factor
into the selection of materials . Selection is based on merit of the work, value of the work
within the collection, and the needs and interests of the community. Consideration is given
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to specific types of material : to materials for specific age groups, for special interests of
clientele , and to differing formats of materials . These selection criteria apply equally to
materials purchased and those accepted as gifts.
Responsibility for materials selection rests with the Director operating with the
authorization of and within the policies established by the Library & Observatory Board of
Directors . Under the direction of the Director, staff members participate in the selection
of the print, electronic, and audiovisual materials added to the collection based on input
from professional reviews, best seller lists , award winners, as well as direct input from the
public.
Suggestions from Library & Observatory patrons are encouraged and receive serious
consideration . Patrons making requests that items be added to the collection will be
referred to the Information Desk.
Many items which are not in the collection are available to patrons through established
interlibrary loan practices . Rancho Mirage residents may request interlibrary loan items
free of charge . Non-residents may request materials for a fee of $5 per item , which is
collected at the time of request. The materials request fee is nonrefundable, even if the
Library & Observatory is unable to receive the item .
The Library & Observatory believes that the use of Library & Observatory materials is an
individual and private matter. All patrons are free to select or reject materials for
themselves .
Parents have the primary responsibility to guide and direct the use of materials by their
own minor children . The Library & Observatory shall not act in loco parentis .
The Library & Observatory incorporates the Library Bill of Rights as adopted by the
American Library Association Council.
The library serves a diverse public, and , on occasion , a patron may believe that a specific
title or source should not be in the collection . In this instance , the patron should first
discuss his or her concerns about the material with the library staff. If, following the
discussion, the patron still wishes the library to reconsider the title or source, he or she
should fill out a Library Evaluation of Materials form. Forms are available at the library
service desks. Because items are evaluated as a whole , a title will not be reconsidered
unless the patron making the request has read/viewed/heard the entire item . A
reconsideration form submitted without the name of the person making the objection will
not be considered . Also , if the material has been previously reconsidered , it will not be
reconsidered again unless the more recent request is based on substantially different
reasons than an earlier request.
The request will be referred to the Director for review. The patron will be informed in
writing of (1) the receipt of the request and (2) the decision . The Directors decision will be
considered final.
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The title under consideration will remain in the collection throughout the process to
support the freedom of other patrons to read , view, or listen .
9.30.074 Gift Policy .
The Library & Observatory encourages and welcomes gifts , donations and bequests to
the Library & Observatory.
Unless otherwise designated and agreed to by the donor and Director, the Library &
Observatory will utilize the gift, donation or bequest, as deemed appropriate by the Library
& Observatory. This may include adding to the existing collection , creating a special
collection , designating any donated books and other material for sale in the Library &
Observatory Foundation Book Store or Foundation Book Sales. All books, materials and
other property received by the Library & Observatory from anonymous sources will be
treated as donations.
In addition, unless otherwise designated by the donor, gifts , donations and bequests to
the Library & Observatory shall be used to supplement funds appropriated for use by the
Library & Observatory , but shall not be used to supplant funds appropriated for Library &
Observatory salaries or maintenance and operations of the Library & Observatory.
All other donations, gifts and bequests of any material or other property that cannot be
incorporated into the existing collection or be used for creating a special collection, shall
require the approval of Director with the consent and advice of the Library & Observatory
Board of Directors .
9.30.076 Disposal of Obsolete and Surplus Materials .
The Director may discard materials from the Library & Observatory collection if the
Director determines the materials to be obsolete or surplus because they are physically
worn or damaged , surplus to the collection, contain outdated information , or deemed no
longer relevant to the needs of patrons.
Disposal of obsolete or surplus materials, may be accomplished as follows :
(a) Donate them to the Rancho Mirage Library & Observatory Foundation for sale in
the Foundation Book Nook.
(b) Sell them , when possible , to used book dealers or other interested individuals or
groups , with proceeds deposited in the Library & Observatory Fund .
(c) Donate them to other libraries, schools , non-profit , and/or charitable organizations .
(d) Discard them as recycling .
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9.30.078 Displays and Exhibits Policy.
Displays and exhibits are an integral aspect of the services offered by the Library &
Observatory. To ensure that displays and exhibits are properly designed and safely
situated and displayed or exhibited , all displays and exhibits must be approved by the
Director in accordance with the following guidelines:
(a) Displays and exhibits of art, memorabilia, and/or collectibles are permitted in
designated display and exhibit areas and locations in the Library & Observatory
provided that they shall be for non-commercial purposes and of interest to a large
segment of the community and be of artistic, cultural, historic, or literary merit,
unless otherwise provided herein below.
(b) All promotional materials related to any display or exhibit placed in the Library &
Observatory must be approved by the Director. All display and exhibit materials
must be provided , promoted , installed, and removed by the exhibitor in
coordination-the Director.
(c) Exhibitors shall indemnify and hold harmless the City , Library & Observatory, and
their respective boards , commissions, and employees from and against any and
all claims , losses, damages, liability, suits, costs , and expenses, whatsoever,
including reasonable attorneys' fees arising out of or in connection with any
injuries, damage or harm proximately caused by the exhibitor or its employees,
agents , volunteers or representative and/or the exhibitor's display or exhibit.
(d) Displays and exhibits shall not promote, advocate , or advertise commercial ,
political , religious , discriminatory, offensive or obscene ideas , concepts , events ,
causes , and activities. Displays and exhibits shall not serve as a distribution center
for newsletters, books, newspapers, or other materials which are not part of any of
the Library's special or general collections .
(e) Displays and exhibits shall not be used to promote or advertise for sale , including
prices , of any materials which are on display-in any display or exhibit in the Library
& Observatory, with the exception of materials sold , promoted or marketed by the
Library & Observatory, Library & Observatory Foundation or Rancho Mirage
Writers Festival.
(f) Certain material may be displayed or place in the Library & Observatory's brochure
rack by non-profit tax-exempt organizations for non -commercial , non-profit
purposes subject to the approval of the Director.
9 .30.080 Observatory Use -Rental Policy .
The Library & Observatory facilities are available for use by members of the general
public, clubs and organizations for particular types of short-term events. In determining
the Observatory's allowable use and to whom use rights are granted, the City acts in a
proprietary capacity. The Observatory is not a forum for unlimited expression by the
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general public. No religious or political events are permitted . The purpose of the Libfary
& Observatory is to provide a specific forum for educational and scientific programs and
services for the benefit of the public funded , organized and/or permitted by the City in a
safe , secure and clean and sanitary environment.
The purpose of this Observatory Rental Policy is to prescribe standards for the City's
allowance of use of the Observatory . These standards are intended to facilitate the orderly
processing of permit applications ("Application(s)") for use of the Observatory and to
preserve the limited public forum status of the Observatory.
9 .30.082 Observatory Use -Application Process.
The application process shall be subject to the following :
(a) Eligible Events. The Observatory may be licensed for use in connection with the
following events: educational programs ; promotion of science and astronomy ;
scientific research , filming , or closely associated events as long as no commercial
transactions are conducted during the program or on City property and persons in
attendance are not required to provide their names , phone numbers , emails , or
addresses on a sign -up sheet or to the program organizer; meetings ; and
receptions. Voluntary submissions of names and contact information will be
allowed. Observatory facilities may never be used for the purpose of fundraising
(except by the Rancho Mirage Library & Observatory Foundation or in conjunction
with the City of Rancho Mirage).
(b) Application Submittal. Applicants are required to schedule an appointment with
City staff to allow a site visit of the Observatory before the City's acceptance of the
Applications . Applications must be submitted to the Director by no later than thirty
(30) business days prior to the proposed event. The Application shall be
accompanied by a nonrefundable Application fee of $25 as established by the City
Council. The Application shall be signed by an adult age thirty (30) or over who will
attend , supervise , and be responsible for the entire event. Approval or denial of an
Application will be provided within five (5) business days of receipt of a completed
Application .
(c) Review Criteria . Applications shall be reviewed according to the following criteria :
(1) Satisfaction of the event eligibility criteria .
(2) Availability of the Observatory, taking into consideration City programming and
removal of equipment of previously held events .
(3) Availability of City staff (to lock/unlock the facility , operate the basic lighting and
mechanical services , and to provide general oversight of the facility during its use).
(4) Previous unacceptable conduct, damage to Observatory , and other factors as
determined by the Director.
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(d) Approval or Denial of Application . Applications scheduled for the same date shall
be processed by the Director in the order received. Notice of the approval or denial
of an Application shall be given to the applicant in writing or in electronic form. If
the Application is denied , the notice shall include an explanation of the reasons for
the denial. A denial may be appealed in writing , stating the grounds for the appeal,
to the City Manager at the applicant's election, with an expedited appeal process .
9.30.084 Observatory Use -General Requirements.
The following general requirements shall apply to use of the Observatory:
(a) Applicant. The person granted an Observatory Use Permit ("Use Permit") for use
of the Observatory must be thirty (30) years of age or older and must be in
attendance for the entire duration of the event.
(b) Pre-Event Submittals . The person who is granted a Use Permit for use of the
Observatory shall submit the following to the Director by no less than seven (7)
business days prior to the proposed event:
(c) Payment for Rental Fees . Rental fees must be received; hourly rental rates are
established in this Library & Observatory Use Policy.
(d) Staff Service Charge . The staff service charge must be received ; hourly rental
rates are established in this Library & Observatory Use Policy . The staff service
charge shall be assessed for hours of Observatory used beyond normal operating
times and shall be based on the staff time (including time related to planning)
associated with an approved event, if applicable.
(e) Insurance. The City will require the applicants to furnish proof of general liability
insurance, insuring applicants' interests against claims for personal and bodily
injury , death and property damage, along with a Certificate of Insurance and
original endorsements naming the City as an additional insured . The amount of
insurance shall not be less than $1 ,000,000 per occurrence. Applicants
acknowledge that the City does not assume any liability for any injury or loss or
damage of or to personal property.
(f) Restoration Deposit. A Restoration Deposit will be required to be posted prior to
event approval. Amount of deposit will be determined during the Application review
process. The Restoration Deposit will be refunded unless the City incurs clean-up,
repair, or restoration costs. If the cost of clean-up , repair, or restoration exceeds
the Restoration Deposit , then the difference shall be paid by the applicant within
ten (1 0) calendar days of receipt of an invoice from the City . The City or the City's
contractor will perform such required work.
(g) Damages . Repair or remediation of any damage, graffiti or other adverse
conditions caused by or during the use of the facility will be charged to the applicant
(see Section pertaining to Restoration of City Property).
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(h) Issuance of Use Permit. When all pre-event submittals have been delivered to the
Director and have been accepted as complete by the Director, and the Use Permit
will be issued . The Director may impose event specific conditions on the Use
Permit as deemed necessary or appropriate . Such conditions may include a
requirement that the applicant retain the services of the Riverside County Sheriffs
Department, or approved unarmed private security company to provide security
during the event. Use of the Observatory does not preclude the public from
accessing or using other facilities within the Library & Observatory .
(i) Parking. Event participants and patrons may park in the parking lots provided at
the Library & Observatory. Reserved parking may be available on a limited basis .
If the anticipated parking for the event is expected to exceed the parking available
on site , the applicant must secure and provide proof of alternative parking
arrangements prior to event approval.
U) Use of Alcohol. The consumption and sale of alcoholic beverages is by written
permission and must be requested at the time the Use Permit Application is
submitted . Written proof of compliance with the State of California Alcoholic
Beverage Control (ABC) regulations is required to be submitted prior to the
approval of the proposed use . The distribution and consumption of alcoholic
beverages shall be in compliance with all applicable state laws . All beverage
containers used within the Observatory shall be approved by the Director.
(k) Equipment. Only City staff or designee shall operate the Observatory equipment
for which a fee will be required . Requests for additional support staff shall be made
as promptly as possible and fees therefore will be estimated at that time .
Individuals may bring their own telescopes for use on the Observatory deck and
may solicit operational assistance from City staff; however, the City is not
responsible for individual's personal property and are not liable for any damages
that may occur to personal property while in use at the Observatory.
(I) Sound Levels . The City has established a quality of life and environment in which
peace and quiet is highly valued by its residents, visitors , and businesses . The
acceptable sound levels for performances at the Observatory shall be in
accordance with Rancho Mirage Municipal Code Chapter 8.45 Noise .
(m)Accessibility. Bringing animals into the Observatory , other than those animals
assisting the disabled, is prohibited.
(n) Advertisement and Promotion . All advertisement and promotional materials must
be submitted to the Director for consideration , review, and approval prior to
publication .
(o) Food and Vendors . All vendors providing services for and in conjunction with the
event must obtain and be issued a City business license . Food is permitted but
limited to the Observatory deck. Food may not be brought into the control room or
the dome of the Observatory.
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(p) Capacity. The maximum capacity permitted at the Observatory is limited to 42
attendees; inclusive of City staff.
(q) Restoration of City Property. The applicant shall be responsible for the post event
clean-up of the Observatory in all respects, including financially, and shall
complete such duties within four (4) hours following the end of the event, or with
mutual agreement with the Administration. This will include clean-up of any areas
of the Library & Observatory affected by the event such as surrounding grounds
and parking areas . Any City property that is damaged or destroyed shall be the
sole responsibility of the applicant.
(r) Cancellation. Notice of cancellation of an approved event must be provided in
writing. Cancellation notice must be promptly submitted within (seven) 7 calendar
days of the scheduled event. Otherwise , all fees shall be forfeited.
(s) Excess Time Penalties . If an event exceeds the pre-determined timeframe, then
additional charges may apply in accordance with the Observatory Rental Fees
established in this Library & Observatory Use Policy.
(t) City Staff Directives. City staff shall have unlimited access to events and may
issue directives to ensure compliance with this Library & Observatory Use Policy,
the Use Permit, the Municipal Code, and other applicable laws. In the case of
astronomical events, the City reserves the right to terminate any scheduled event
or redirect the Observatory's equipment towards immediate points of interest.
(u) Termination of the Event. The applicant's failure to comply with this Library &
Observatory Use Policy, any Use Permit condition, the Municipal Code , or any
applicable law shall be grounds for immediate termination of the event. The
applicant is responsible for the conduct of his/her patrons, participants, and
vendors .
(v) Observatory Rental Fees
Space
Observatory Rental
Staff Service Charge (3 staff members)
Nonrefundable Application Fee
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$ 1,000 per hour
$ 8,000 a day (8 hours)
$ 4,000 minimum
$ 300 per hour
$ 1 ,200 minimum
$ 25 per application
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9 .30.086 Defin itions .
For purposes of this Library & Observatory Use Policy , the following words, terms and
phrases shall have the following meanings .
(a) "Cafe" shall mean the area within the Library & Observatory designated for the sale
and consumption of food and beverages.
(b) "City" shall mean the City of Rancho Mirage .
(c) "Director" shall mean the Library & Observatory Director, and his/or her designee.
(d) "Lewd conduct" shall mean any conduct, behavior or actions that is described or
defined as lewd by any applicable state or federal law or published legal opinion
of any court of competent jurisdiction .
(e) "Library & Observatory" shall mean the Rancho Mirage Library & Observatory.
(f) "Library & Observatory Use Policy" shall mean to include any and all terms ,
conditions and requirements set forth and described in this Chapter 9.30 (Use of
Library and Observatory). In addition , any reference to "Library & Observatory Use
Policy" in or under any particular section, paragraph or header contained in this
Chapter 9.3 which references a more specific policy shall be interpreted and
applied as though "Library & Observatory Use Policy" meant the same as the
specific policy respectively described therein .
(g) "Non -profit organization " shall mean an organ ization duly organized as a 501 (c)(3)
tax exempt organization in good standing with all applicable state and federal
regulatory agencies .
(h) "Normal business hours" shall mean the regularly scheduled days and times the
Library & Observatory are normally opened to the public .
(i) "Offensive and obscene" material or information shall mean any words , phrases ,
symbols, etc. which have been deemed patently offensive , disruptive, fighting
words , indecent or obscene by a published legal opinion of any court of competent
jurisdiction .
0) "Premises" shall mean any real property , parking facilities , walkways, streets,
driveways, structures, buildings or improvements located within the area
designated for use by the Library & Observatory's employees, contractors , agents ,
volunteers , representatives , patrons and the visiting public.
(k) "Service animal" shall mean any guide dog , signal dog , or other animal individually
trained to do work or perform tasks for the benefit of an individual with a disability,
including, but not limited to , guiding individuals with impaired vision , alerting
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individuals with impaired hearing to intruders or sounds, providing minimal
protection or rescue work , pulling a wheelchair, or retrieving dropped items.
(I) "Staff' shall mean any City or Library & Observatory employee or official and any
volunteer, contractor, agent and representative designated by the Director.
(m)"Unreasonable" shall mean any sort of conduct , behavior or actions that an
ordinary person who exercises average care, skill and judgment would find to be
unreasonable under the particular circumstances in which such conduct, behavior
or action is displayed, exhibited or presented .
9.30.088 Infraction.
In addition to any other remedies available to the C ity under this Policy for any
violation of the provisions of this Policy by any member of the public responsible for
committing, causing or maintaining such violation , the violator shall be subject to an
infraction citation as set forth in Title 14 of the Rancho Mirage Municipal Code, including,
but not limited to, the imposition of any and all fines and penalties set forth therein.
9.30.090 Misdemeanor.
In lieu of an infraction, any violation of the provisions of this Policy by a member of
the public responsible for committing , causing or maintaining such violation may
constitute a misdemeanor offense and the violator shall be subject to the provisions set
forth in Title 14 of the Rancho Mirage Municipal Code , including , but not limited to , the
imposition of any and all fines and penalties set forth therein .
Section 4. SEVERABILITY
That the City Council declares that, should any provision , section , paragraph ,
sentence or word of this ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation , the
remaining provisions, sections, paragraphs , sentences or words of this ordinance as
hereby adopted shall remain in full force and effect.
Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted
by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are
hereby repealed .
Section 6. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption .
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Section 7. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the
authority to adopt this ordinance, that the ordinance is constitutionally valid and that the
ordinance is consistent with the general powers and purposes of the City as set forth in
Section 1.04.031 of the RMMC.
Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney is hereby directed to determine whether this ordinance
necessitates amendment of the City's Bail Schedule and to cause such necessary
amendments to be made and filed with the local branches of the Superior Court of the
County of Riverside .
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published according to law .
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council
held on February 6 , 2019 , by the following vote:
AYES : Hobart, Kite , Smotrich , Townsend, Weill.
NOES :
ABSENT:
ABSTAIN :
CITY OF RANCHO MIRAGE:
ATTEST:
~~·~~
Kristie Ramos , City Clerk
APPROVED AS TO FORM:
trvr Steven B . Quintanilla, City Attorney
C..C \»--D. k~r~C\.\-.r--,'~J (:),~._)~'{ C..~~ f~.lr-\-D'<'A-e--(
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF RANCHO MIRAGE)
I, Kristie Ramos , City Clerk of the City of Rancho Mirage , California , do hereby
certify under penalty of perjury, that the foregoing Ordinance No. 1169 was introduced by
first reading at a regular meeting of the City Council held on January 16, 2019 , by the
following vote :
AYES:
NOES:
ABSENT:
ABSTAIN :
Hobart, Kite, Smotrich , Townsend, Weill.
None.
None .
None .
Ordinance No. 1169 was adopted at a regular meeting of the City Council held on
February 6 , 2019 , by the following vote :
AYES:
NOES:
ABSENT:
ABSTAIN :
Hobart , Kite , Smotrich , Townsend , Weill .
None.
None.
None .
I further certify that I have caused Ordinance No . 1169 to be posted and/or
published , as required by law (GC Sect. 36933).
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~~~-~~
Kristie Ramos
City Clerk