Yorba Linda Municipal Code Art. 2 Special Events

As used in this chapter:

"Special event"

shall mean any show, entertainment, circus, carnival, dance, exhibition, festival, lecture, concert, parade, sporting event, auction or other similar activity which is open to the public. Nothing contained in this chapter shall be construed to include within the definition of a "special event" any temporary use identified in Section 18.32.020 of this Code or any similar event as determined by the City Manager shall have the discretion to require the posting of a cash deposit to ensure cleaning of the area in which the activity has taken place.

(Prior code § 11-10)

No person or organization shall conduct a special event without having first applied for, and obtained a permit to do so as provided herein.

(Prior code § 11-11)

Application for such a permit shall include all information specified in Section 12.16.020 of this chapter, together with such other information as shall be required by the City Manager, including an application processing charge as established by resolution of the City Council.

(Prior code § 11-12)

A. Upon receiving application for a special event permit, the City Manager shall cause an investigation to be made of the applicant, the other participants in the event, if any, the suitability of the place where the event is to be presented, and the type of event proposed.

B. The City Manager may in his or her discretion require that the applicant and his or her employees be fingerprinted.

C. If the City Manager determines that the event is not unlawful, that the place where the event is to be presented is suitable for the type of event proposed, that the event does not interfere with any other application for a special event previously approved, and that the applicant has made adequate arrangements for off-street parking and traffic control to accommodate the patrons that are anticipated to attend the event, he or she shall issue a nontransferable permit for such event.

D. If the City Manager determines that the application does not satisfy the foregoing requirements, he or she shall deny the application.

E. If the applicant is denied, the applicant shall be so advised by certified mail, directed to the address shown on the application, or by personal service. Service shall be deemed completed upon deposit of the letter in the United States mail.

(Prior code § 11-13)

A. In addition to the application processing charge required under Section 12.16.120, each permittee shall pay a special event permit fee as set forth by resolution of the City Council for each special event which is conducted for the purpose of making a profit, provided, however, that such fee shall not be applicable to special events of a civic or historic nature or which are sponsored by an association or group of businesses which are licensed by the City, for the purpose of advertising or promoting such businesses.

B. No permit fee shall be charged for any special event sponsored or presented by a charitable, religious, educational or service organization for the purpose of raising funds to be devoted to the work of such organization, if the City Manager determines that not less than seventy-five percent of the gross amount of funds collected within the City will be devoted to such purposes.

(Prior code § 11-14)

Charges, fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code.

(Prior code § 11-19)

Any person aggrieved by any decision of the City Manager with respect to the issuance or refusal to issue a permit under this chapter may appeal to the City Council by filing a notice of appeal with the City Clerk. The City Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Yorba Linda, California, postage prepaid, addressed to such person at his or her last known address.

(Prior code § 11-18)

No person engaging in, participating in or attending any gathering for which a permit has not been granted, shall fail to leave the area of such special event upon demand by any police officer of the City.

(Prior code § 11-15)

Whenever two or more persons gather together in such a manner as to obstruct the free passage of any street, sidewalk, alley, public way or place used by members of the public to go from place to place, such person shall move on or disperse when ordered to do so by a police officer. No person shall refuse or fail to disperse or move on when directed to do so by a police officer.

(Prior code § 11-16)

The City Manager may revoke any permit issued under the provisions of this chapter on any of the following grounds:

A. The permittee has ceased to meet any of the requirements for issuance of a permit.

B. The special event has been operated in an illegal or disorderly manner, or in violation of any applicable, Federal, State or municipal law or regulation.

C. The conduct of such special event unduly interferes with traffic or pedestrian movement, or interferes with the public peace or rights of nearby residents, or with the enjoyment of their property.

(Prior code § 11-17)

Notwithstanding any other provision of this chapter when a 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, the parents or guardians of that minor, shall be held jointly and severally liable for the cost of providing police personnel on a special security assignment over and above the services normally provided by the department.

(Prior code § 11-20)

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 cost 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 five hundred dollars for a single incident. However, the City shall have the option to elect any other legal remedies when such costs or damages exceed five hundred dollars.

(Prior code §2011-21)

The fee provided in this chapter shall be collected in the following manner:

A. The Chief of Police shall report to the Finance Director the name of the person requesting or requiring such special security personnel, the names of the employees so employed and the number of hours of employment of each.

B. The Finance Director shall thereupon bill the person employing such personnel for the amount paid to each plus the cost of Workmen's Compensation charges and other administration costs. Any failure of the person billed for services of such personnel to make payment therefor shall constitute a debt due solely to the City.

(Prior code § 11-22)