Fullerton Municipal Code Ch. 2.34 Special Events; Police Officers, Firefighters and Parking Control Officers

In any instance in which a special event or occurrence such as, but not limited to, the premiere of a motion picture, the opening of a new store, a new building, a bazaar, a wedding, a sports or athletic event, a carnival, a circus or any gathering which may attract a large number of people or which for other reasons may be, or become a hazard to the public peace, health, safety or general welfare, unless attended or supervised by the Chief of Police or the Chief of the Fire Department, as the case may be, or personnel under their respective commands, or in any instance where a person, firm or corporation desires special public safety services over and above the normal services provided by the Police Department or the Fire Department of the city, such services, if approved by the Chief of Police or the Chief of the Fire Department, as the case may be, may be provided at the expense of the applicant or person in charge of such event under the following conditions.

(A) The Chief of Police or the Chief of the Fire Department, or their designees, as the case may be, shall notify the person in charge of such event of the necessity of having in attendance at such event as the case may be, police officers, firefighters or parking control officers and the required number of each.

(B) (1) The person, firm, organization or corporation in charge of such event and so required to or desiring to employ the services of the city’s police or fire personnel to be in attendance thereat, shall file a request for such services with the Chief of Police or the Chief of the Fire Department, as the case may be, stating the nature of the event, the approximate number of police officers, firefighters or parking control officers requested to be in attendance, the approximate length of time such services are required or are desired and a written agreement to pay the city for such special services as provided elsewhere herein.

(2) The Chief of Police or the Chief of the Fire Department, or their designees, as the case may be, may approve or deny such request, or increase or decrease the number of personnel assigned for such special security assignment.

(C) When assigned for duty on such special security assignment, police officers, firefighters and parking control officers, as the case may be, shall be deemed to be on regular duty under the general supervision of the Chief of Police or the Chief of the Fire Department, and any officer in charge under their respective commands, and shall be entitled to any and all benefits provided by law or ordinance for such personnel as members of the Police Department or Fire Department of the city, except that the rate of pay for such special security services shall be set forth herein. The pay for each employee thus employed during such employment shall be at the police officer’s, firefighter’s or parking control officer’s actual rate of pay with a four-hour minimum to be paid at time-and-one-half. A sergeant of the Police Department thus assigned shall be paid at the rate of a senior police officer, with a four-hour minimum to be paid at time-and-one-half. The Chief of Police or the Chief of the Fire Department shall report to the Finance Director the name of the person, firm, organization or corporation requesting or requiring such special security personnel, the names of the employees so employed and the number of hours of employment of each. The Finance Director shall thereupon bill the person, firm or corporation employing such personnel for the amount paid to each plus the cost of workers’ compensation charges and other administration costs. Any failure of the person, firm or corporation billed for services of such personnel to make payment therefor shall constitute a debt due solely to the city.

(Ord. 990, passed - -1959; Ord. 1903, passed - -1973; Ord. 2263, passed - -1979; Ord. 2703, passed - -1990)

When a large party or gathering occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the Department. The police personnel utilized during a second response after the first warning, to control the threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include minor damages to city property and/or injuries to city personnel. A fee charged will not be in excess of $500 for a single incident. The city reserves its legal options to elect any other legal remedies when such costs or damage exceed $500. The accounting and billing procedures set forth in § 2.34.010(C) of this chapter shall apply.

(Ord. 2601, passed - -1987)

(A) It is unlawful for any person or group of persons to require, impliedly or expressly, any admission charge to any party conducted in any residential zone.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMISSION CHARGE. A tangible benefit, monetary or otherwise, required as a condition of admittance to a party. Customary courtesies, donations for political, charitable, community service or religious purposes and clearly non-commercial activity, such as gifts from guests and voluntary sharing of expenses for meals, shall not be considered ADMISSION CHARGES under the meaning of this section.

PARTY. Twelve or more persons meeting together for social, recreational or amusement purposes.

(C) Any person, firm, partnership or corporation violating any provisions of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by fine not exceeding $1,000 or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(Ord. 2831, passed - -1992)