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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 1 J 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 2 l I J 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 3 l J 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. 4 l I J (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. 5 l I J (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. 6 l I J (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 . 7 l I J (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 & 8 I J 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. 9 l I (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. 10 l I 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. 11 l l J 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. 12 l l J (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 . 13 l J 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: 14 l Mon & Tues 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 : 15 l J (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 . 16 l (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 : J (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). 17 l (d) A patron whose primary residence is outside the State of California but who is 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 . 18 l J (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. 19 l J 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 20 $30 .00 $10.00 $75 .00 $10 .00 $15 .00 $12 .00 $5 .00 $5 .00 $2 .00 $4 .00 $8.00 l J 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 21 l J 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. 22 l l J 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 . 23 l J 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 24 l l J 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. 25 l J (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). 26 l I J (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. 27 l J (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 28 Fee $ 1,000 per hour $ 8,000 a day (8 hours) $ 4,000 minimum $ 300 per hour $ 1 ,200 minimum $ 25 per application 1 J 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 29 l J 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 . 30 l J 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] 31 l J 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--( 32 l J 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). 33 ~~~-~~ Kristie Ramos City Clerk