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Palm Springs council introduces ordinance to curb vehicle sales and rentals in public right-of-way
Summary
The council introduced an ordinance to prohibit vehicle sales and rentals in city rights-of-way, establishing a 72-hour presumption and escalating administrative fines; council discussed enforcement, Turo activity near the airport, and a limited "safe harbor" defense for residents selling a vehicle close to the vehicle s registered address.
The Palm Springs City Council on Feb. 25 introduced an ordinance that would make commercial sales or rentals of vehicles in the public right-of-way an administrative violation, using a 72-hour presumption to establish a prima facie case.
City Attorney Jeff Fallinger explained the measure would add section 12.28.0.055 to the municipal code and create a content-neutral enforcement mechanism that does not rely on a visible "for sale" sign. Under the proposal, a vehicle left in the right-of-way for more than 72 hours would be presumed to be used for sale or rental; administrative citations would escalate from $100 for a first offense to $250 and $500 for subsequent violations.
Fallinger said the ordinance includes a narrow "safe harbor" defense: if a vehicle is sold within one-tenth of a mile of the residence where it is registered and registration demonstrates ownership, the activity could be permitted, limited to one vehicle per adult at a residence. He also noted that zoning and private CC&Rs could impose stricter limits where applicable.
Council members raised enforcement questions. Garner and others asked how the city would document short-duration rental exchanges (for example, Turo pickups near the airport) and whether apps could provide evidence; Fallinger said app records can be evidence, and the ordinance creates the violation while staff develops investigative approaches. DeHart and others asked whether code enforcement or police would carry out enforcement; Fallinger said the practical enforcement tool would be code enforcement, with peace officers available if needed.
Council discussed whether the city should pursue a permitting model for rental-car operators or coordinate with the airport's existing arrangements. Bernstein suggested exploring a permitting approach if rental activity grows. Council voted to introduce the ordinance and directed staff to return with final language as needed.
