Chapter 4-08 SPECIFIC LICENSE REQUIREMENTS AND BUSINESS REGULATIONS

Every applicant for a security system license must have a private patrol operator’s license issued by the state. Every applicant for a security officer license must be a citizen of the United States. (OCC § 5-3-15)

4-08.020 Regulations—Security officer to wear badge and carry license.

While engaged in his or her duties as such, a security officer shall keep upon his or her person at all times his or her license and shall wear a badge approved by the Chief of Police Services, and shall wear no other badge of any kind, character or description, except a badge issued to him or her by lawful governmental authority. (OCC § 5-3-16)

4-08.030 Regulations—Security system restricted to licensed security officers.

The operator of a security system shall neither employ nor utilize the services in any way of a security officer whose name is not registered with the Chief of Police Services, and who does not possess a valid, subsisting security officer’s license. (OCC § 5-3-17)

4-08.040 Security system vehicle and emblem to be distinctive.

Licensees shall not use any vehicle which is painted in such a manner or in such colors as to cause it to be in imitation of or can be mistaken for an official patrol or traffic vehicle of the Chief of Police Services or of the Police Department of the city, nor shall any such vehicle display any emblem or decal which is an imitation of, or can be mistaken for, any official vehicle emblem or decal of the Chief of Police Services or of the Police Department of the city. (OCC § 5-3-18)

4-08.050 Regulations—Weapons and equipment specified by Chief of Police.

The Chief of Police Services shall specify the police equipment, including weapons, which a licensee may wear or carry while on duty. A licensee shall not wear any equipment or weapon or carry any weapon not so specified. (OCC § 5-3-19)

4-08.060 Regulations—Uniform to be distinctive.

A licensee shall not wear any badge or uniform which is in imitation of, or can be mistaken for, an official Chief of Police Services badge or uniform or an official police uniform of the police force of the city Police Department, or an official uniform of any state officer. (OCC § 5-3-20)

4-08.070 Regulations—Rank and title of licensee to be distinctive.

A licensee shall not assume or use a rank or title the same as or similar to any rank or title used by the Chief of Police Services or by the city Police Department. (OCC § 5-3-26)

4-08.080 Regulations—Security system’s use of rank and title to be distinctive.

A security system shall not use, grant or bestow, or permit any security officer to assume or use any rank or title the same as or similar to any rank or title used by the Chief of Police Services or by the city Police Department. (OCC § 5-3-27)

4-08.090 Regulations—Licensee’s actions restricted to patrolled property.

A licensee shall not, either by himself or herself or through the actions of another, harass, annoy or commit a nuisance against or injure the property of, or unnecessarily enter or otherwise trespass upon the property of any person whose property the licensee is not employed to protect. (OCC § 5-3-28)

4-08.100 Regulations—Licensee restricted from performing police duties.

A licensee shall not perform official police or investigation activities, but shall immediately report every violation of law and every unusual occurrence to the Chief of Police Services. A licensee shall make a full report of such violation or other occurrence without unnecessary delay to the Chief of Police Services. (OCC § 5-3-29)

4-08.110 Regulations—Complaints investigated by Chief of Police.

All complaints regarding the activities of a licensee shall be investigated by the Chief of Police Services. Reports of such complaints shall be held in the Chief of Police Services’s files and shall be subject to inspection of the City Council at all times. (OCC § 5-3-30)

4-08.120 Return of license.

A. A security officer shall surrender his or her license to his or her employer when his or her license is revoked or when he or she ceases to be employed as a security officer by the security system designated on his or her license.

B. The licensee of a security system shall inform the Chief of Police Services within five days after any security officer no longer is an owner, member or employee of such licensee and shall return the license of such security officer, or the revoked license of a security officer, to the Chief of Police Services.

(OCC § 5-3-31)

Article II. Taxicab Stands

4-08.130 Specific license requirements—Taxicab stand.

Every applicant for a license for a taxicab stand must show to the satisfaction of the issuing officer that the location of the stand is such that it will not interfere with the use of the highway by the public nor endanger the safety of the traveling public and that the public convenience and necessity require the establishment of the stand. (OCC § 5-3-42)

4-08.140 Regulations—Designation of taxicab stands.

Every taxicab stand established hereunder shall be indicated by white paint upon the entire curb surface and a six-inch wide white line boxing in the stand area. Inside the enclosed area (on the street surface) shall be painted in white letters twenty-four (24) inches (minimum height) the words “TAXI ONLY.”

The painting of the curb surface, lines and wording shall be done at the sole expense of the applicant both as to the initial work and any subsequent repainting which, in the opinion of the City Engineer, is necessary. All work shall be done to the satisfaction of the City Engineer. (OCC § 5-3-43)

Article III. Manure, Fertilizer

4-08.150 Regulations—Sanitary conditions required.

Any person, firm or corporation maintaining on his or her or its premises a distributing point where manure or stable, barnyard, cow yard or poultry yard refuse is loaded from one vehicle or receptacle to other vehicles or receptacles for the purpose of distribution, shall keep such premises in a clean and sanitary condition so that the same will not become a nuisance, health or fly menace to the surrounding community. The Health Department of the county of Orange is vested with power and authority to establish and enforce such reasonable regulations as in its judgment shall be necessary for the control of fly breeding and other health menaces in connection with such premises. (OCC § 5-3-81)

4-08.160 Regulations—Standing time limit on railroads and highways.

A. It is unlawful for any person, firm or corporation to allow any railroad car or other vehicle containing manure or stable, barnyard, cow yard or poultry yard refuse or other offensive or nauseous substance to stand upon or along any railroad or upon or along any public street or highway or any public place for any longer period than is reasonably necessary for the unloading and distribution of the same, such time in any event not to exceed forty-eight (48) hours.

B. It is unlawful or any person, firm or corporation to allow to stand for a period longer than is reasonably necessary, and in any event not longer than forty-eight (48) hours, any manure or stable, barnyard, cow yard or poultry yard refuse or other offensive or nauseous substances which have been deposited upon or along the line of any railroad or upon or along any public street or highway or any other public place in the city.

(OCC § 5-3-82)

4-08.170 Regulations—Transportation.

It is unlawful for any person, firm or corporation to haul, transport and convey or to cause or permit to be hauled, transported or conveyed any manure or stable, barnyard, cow yard or poultry yard refuse, garbage or other nauseous substances upon, or along, any public highway in the city, except in a vehicle so constructed, maintained and covered that such manure or stable, barnyard, cow yard or poultry yard refuse, garbage or other nauseous substances shall not escape from any such vehicle, box or other receptacle in, into or upon any such public street, alley or public place or permeate the atmosphere. (OCC § 5-3-83)

Article IV. Public Dances

4-08.180 Regulations—Hours.

A. It is unlawful for any person, association or corporation to conduct, encourage, participate or assist in conducting any public dance between the hours of two a.m. and six a.m. of any day.

B. It is unlawful for any person, association or corporation to conduct, participate in or assist in conducting any floor show or entertainment at any public dance between the hours of two a.m. and six a.m. of any day.

(OCC § 5-3-116)

4-08.190 Regulations—Disorderly conduct.

It is unlawful for any person in charge of or assisting in the conducting of any public dance to permit any intoxicated, boisterous or disorderly person to enter, be or remain in or to assist in any public dance, and it is unlawful for any person in an intoxicated condition to enter or remain in any public dance or for any reason to conduct himself or herself in a boisterous or disorderly manner in such public dance. (OCC § 5-3-117)

Article V. Peddlers, Business Solicitors and Canvassers

4-08.200 Regulations—Misrepresentation.

It is unlawful for any peddler, food peddler, business solicitor or canvasser to make or perpetrate any misstatements, deceptions or fraud in connection with any sale or solicitation for orders or subscriptions. (OCC § 5-3-128)

Article VI. Solicitation and Sales On and Near Highways

4-08.210 Regulations—Soliciting transportation, lodging and food on highways.

It is unlawful for any person, firm or corporation to solicit patronage for or on behalf of any person, firm or corporation, engaged in the business of transporting or transferring persons, baggage or property, or to solicit patronage for or on behalf of any hotel, lodging house or boardinghouse, cafe or restaurant, upon or along any public highway within the city. (OCC § 5-3-139)

4-08.220 Regulations—Restricted from public right-of-way.

It is unlawful for any person, firm or corporation to conduct a market commonly called or known as a “roadside market,” or other business within or upon the right-of-way of any public highway or road within the city, or within or upon the intersections of rights-of-way of any public highways within the city, or in such a place and manner so as to interfere with the safe flow of normal traffic on such highway or road. (OCC § 5-3-140)

Article VII. Shows

4-08.230 Regulations—Scope.

All licensed shows shall comply with the requirements of this article. (OCC § 5-3-151)

4-08.240 Regulations—Food service.

All food handling and food preparation shall meet the requirements of the California Uniform Retail Food Facilities Law, Division 104, Part 7, Chapter 4. California Health and Safety Code. (Ord. 98-6 § 5: OCC § 5-3-152)

4-08.250 Regulations—Toilet facilities.

Toilets shall be either water flush or the chemical type. The chemical-type toilets shall be serviced by a licensed vacuum truck. An adequate number of toilets for each sex shall be provided according to the following table:


	No. Persons in Attendance
No. Toilets Required	Male	Female
1	1-100	1-100
2	101-200	101-200
3	201-400	201-400
	Over 400, add 1 fixture for each additional 500 males and 1 for each additional 300 females.

(OCC § 5-3-153)

4-08.260 Regulations—Animal safekeeping.

All stock, such as ponies, dogs, monkeys or other animals, are to be kept tied or in cages, so as not to endanger human life or destroy growing crops or other property adjoining the showground. (OCC § 5-3-154)

4-08.270 Regulations—Water supply.

All water supplied for domestic use shall be from an approved source. (OCC § 5-3-155)

4-08.280 Regulations—Fly control.

Fly breeding shall be controlled by removing all organic waste daily from the premises. This includes cleaning of the vehicles, upon arrival, that transport the animals. Insecticides, both residual and quick knockdown sprays, shall be available and used as directed by the County Health Officer. (OCC § 5-3-156)

4-08.290 Regulations—Final cleanup.

All manure, garbage, trash or other types of refuse shall be removed from the premises immediately after the last showing. (OCC § 5-3-157)

4-08.300 Regulations—Safety.

All electrical wiring, machinery, lighting and other electrical devices, all tents, grandstands, amusement rides, all compressed gas containers, inflammable liquids and any and all other structural, mechanical, electrical and chemical materials, devices, structures or installations shall conform in all respects to the safety standards of the Building and Safety Division and to the Fire Marshal. (OCC § 5-3-158)

Article VIII. Commercial Manure Dealers

4-08.310 Registration.

It is unlawful for any commercial manure dealer to gather, collect, haul, stockpile, spread or sell any manure or manure-like substance within the city without first registering with the County Health Officer on forms prescribed by him or her. Such registration shall expire at the end of each calendar year and shall be renewed annually during the first week in January. There shall be no fee for such registration nor any subsequent renewal. (OCC § 5-3-185)

4-08.320 Failure to register a misdemeanor.

Failure to register as a commercial manure dealer as provided in this article shall constitute a misdemeanor punishable, upon conviction thereof, by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the County Jail, or by both such fine and imprisonment. (OCC § 5-3-186)

Article IX. Retail Sale of Concealable Firearms

4-08.330 Licensing of retail sellers of concealable weapons.

The Chief of Police Services is designated as the licensing authority for said city and is authorized to issue licenses therefor pursuant to Article 4 of Title 2 of Part 4 of the California Penal Code (commencing with Section 12070) as said article exists or may be amended from time to time for the sale at retail of pistols, revolvers and other firearms capable of being concealed upon the person. (OCC § 5-3-240)

Article X. Animal Facilities

4-08.340 Regulations.

The City Council may, by resolution, adopt regulations governing the construction and maintenance of animal facilities licensed under this title, including animal exhibitions, animal rental establishments, kennels, grooming parlors and pet shops. Failure to comply with such regulations shall constitute cause for denial or revocation of such license. (OCC § 5-3-260)

4-08.350 Kennel.

No additional pet shop or grooming parlor license shall be required for activities covered by the kennel license. (OCC § 5-3-261)

4-08.360 Pet shop.

No additional grooming parlor license shall be required for activities covered by a pet shop license. (OCC § 5-3-262)

4-08.370 Veterinary hospitals and clinics.

Veterinary hospitals and veterinary clinics shall be exempt from the provisions of this title with regard to those activities conducted pursuant to any license or permit issued by the state. (OCC § 5-3-263)

Article XI. Model Studios, Dance Studios and Rap Session Establishments

4-08.380 Employment of unlicensed figure models, dance instructors, or interlocutrices.

No licensee or operator of a figure model studio, dance studio, or rap session establishment shall employ, or utilize the services in any way, of a figure model, dance instructor, or interlocutrix who does not possess a valid and subsisting license. (OCC § 5-3-291)

4-08.390 Disrobing prohibited.

No figure model studio, dance studio, or rap session establishment shall permit any person other than a licensed figure model, dance instructor, or interlocutrix to disrobe or to be disrobed so as to be nude while at the model studio. An easily recognizable and readable sign shall be posted in a conspicuous place near the main entrance of the establishment stating, “Patrons Are Prohibited From Disrobing On The Premises.” This notice shall be in English and Spanish. (OCC § 5-3-292)

4-08.400 Minimum lighting.

Minimum lighting shall be provided in accordance with the Uniform Building Code as adopted by Chapter 10-08 of this code, and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each enclosed room or area where the activities of figure modeling, dance instruction, or rap sessions take place, and shall be lit during normal business hours when persons are present. (OCC § 5-3-293)

4-08.410 Hours.

No person shall conduct or operate a figure model studio, dance studio, or rap session establishment between the hours of ten p.m. and eight a.m. of the following day. (OCC § 5-3-294)

Article XII. Escorts, Escort Bureaus and Introductory Services

4-08.420 Separate license for locations.

A separate license is required for each location within the city at which an escort bureau or introductory service is to be established or at which arrangements for an escort or introductory service are made or where pecuniary compensation for an escort or introductory service is paid. (OCC § 5-3-321)

4-08.430 Employment and activities of escorts.

A. No holder of an escort bureau or introductory service permit shall employ as an escort any person under eighteen (18) years of age.

B. No holder of an escort bureau or introductory service permit shall furnish any escort or introductory service to, or accept employment from any patron, customer or person to be escorted, who is under eighteen (18) years of age, except at the special instance and request of a parent, guardian or other person in lawful custody of the person upon whose behalf the escort or introductory service is engaged.

C. No holder of an escort permit shall escort, offer to escort or perform any activity described in this article to any person under eighteen (18) years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort or introductory service is engaged.

(OCC § 5-3-322)

4-08.440 Contagious disease.

Each applicant for an escort permit, or renewal thereof, shall furnish a certificate from a medical doctor licensed to practice in the state, stating that the applicant has within thirty (30) days immediately preceding the date of the application been examined and found to be free of any contagious or communicable disease. (OCC § 5-3-323)

4-08.450 Names of escorts.

Every escort bureau shall furnish the Chief of Police Services with the names of and information concerning all escorts employed or utilized by the bureau when application is made for a license. The licensee shall thereafter submit notice of any subsequent employment or utilization of other escorts or termination of any escorts. (OCC § 5-3-324)

4-08.460 Regulations—Registration of customers—Records and premises open to inspection.

Every person who maintains, conducts or operates as an escort, escort bureau or introductory service shall at all times keep a registration book in connection therewith in which each and every customer’s first, middle and last name, telephone number and complete address shall be written together with the date of initial contact and all appointments and contacts made thereafter. (OCC § 5-3-325)

4-08.470 Regulation—No exposure.

It is unlawful for any person while acting as an escort to engage in any “specified sexual activity” or expose any “specified anatomical sexual areas.” It is also unlawful for any person while acting as an escort to act in a manner intended to arouse, appeal to or to gratify the lust or passions or sexual desires of the customer or client of the escort. (OCC § 5-3-326)

4-08.480 Regulation—Possession of license.

Every escort, while engaged as such, and every escort bureau and introductory service is required to carry their license on their person or within their immediate possession and shall produce it for inspection by any law enforcement agency upon request. (OCC § 5-3-327)

4-08.490 Prohibited conduct.

Any person violating any provision of this article or failing to obtain the license required by Section 4-04.020(X) of this title shall be guilty of a misdemeanor and be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six months or by both such fine and imprisonment. Revocation or suspension of a permit issued under this article shall not be a defense against prosecution. (OCC § 5-3-328)

4-08.500 Conducting as a nuisance.

Any escort bureau or introductory service operated, conducted or maintained contrary to the provisions of this article shall be and the same is declared to be unlawful and a public nuisance and the City Attorney may commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining an escort bureau or introductory service contrary to the provisions of this article. (OCC § 5-3-329)

4-08.510 Applicability of regulations to existing business.

The provisions of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this article into law. All such persons and businesses shall have sixty (60) days from said effective date to comply with the provisions of this article. (OCC § 5-3-330)

Article XIII. Permit Requirements for Commercial Motion Picture Productions, Television Productions and Still Photography

4-08.520 Purpose.

It is the policy of the city to encourage commercial motion picture production, television production and still photography within its boundaries. This article provides the basis for the regulations governing the issuance of permits for filming, video taping, still photography and related activities on property owned, operated or administered by the city or the special districts under the jurisdiction of the City Council. This article is intended to ensure that filming, video taping and still photograph is done in a manner consistent with protecting the public health and safety and public property. (OCC § 5-3-335)

4-08.530 Definitions.

“Charitable films” means and includes commercials, motion pictures, television programs, video tapes or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code or Section 23701 of the California Revenue and Taxation Code as a charitable organization. If such a nonprofit organization is involved in charitable film making, video taping or still photography, no person, directly or indirectly, may receive a profit from the marketing, production or showing of the films, video tapes or photographs.

“Film permit rider” means a minor addition, change or deletion to the film permit, as determined by the issuing agency.

“Issuing agency” means the City Manager, or his or her designated representative, or any other representative specifically designated by the City Council.

“Motion picture production,” “television production” and “still photography” means and includes all activity attendant to staffing or shooting commercial motion pictures, television programs, television commercials and still photography.

“News media” means and includes regularly scheduled news programs, not including magazine or documentary programs, and special news programs which are not preplanned and which are broadcast within twenty-four (24) hours after the event. (OCC § 5-3-336)

4-08.540 Film permit required.

Except as provided in Section 4-08.550 of this chapter, a person shall not use any city property within the city or property or facilities belonging to the city or the special districts under the jurisdiction of the City Council for the purpose of motion picture production, television production or still photography without first applying for and receiving a film permit from the issuing agency. (OCC § 5-3-337)

4-08.550 Exemptions.

A. Charitable films produced by nonprofit organizations, as defined in Section 4-08.530 of this article, and news media, as defined in Section 4-08.530 of this article, are exempt from any permit fees established pursuant to this article.

B. Any applicant who submits a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized United States educational institution and that the film, video tape or photograph is not for commercial release is exempt from any permit fees established pursuant to this article.

C. This article does not apply to the filming or video taping of motion pictures or the taking of still photographs solely for private use.

D. This article does not apply to reporters, photographers, cameramen or other persons engaged in on-the-spot broadcasting of news events for the news media.

(OCC § 5-3-338)

4-08.560 Policies, procedures and fees.

A. The issuing agency is authorized and directed to promulgate policies and procedures governing issuance of film permits and film permit riders. The policies and procedures shall include provisions for personnel and property usage charges and fees as approved by the City Council.

B. To ensure cleanup and restoration of a site, the issuing agency may require an applicant to post a refundable negotiable surety, amount to be determined, at the time the application is submitted. On completion of all production activities and inspection of the site by the issuing agency, the surety may be returned in full or in part based on the need for the appropriate city department, agency or district to complete site cleanup or restoration, or both.

(OCC § 5-3-339)

4-08.570 Liability.

A. As a condition of issuance of a permit, the applicant must obtain a comprehensive general liability insurance policy acceptable to the city issued by an insurance company authorized to do business in the state, with coverage that includes the permitted activities and the location in which the filming, video taping or photography activities will occur and any other area used by the applicant. The city, any special district under the jurisdiction of the City Council and their officers, agents and employees, shall be named as additional insureds on the policy for protection against claims of bodily injury, wrongful death and property damage. The policy limits of the insurance policy shall not be less than one million dollars ($1,000,000.00) per occurrence combined single limit for both bodily injury and property damage.

B. The policy shall also contain a provision that no termination, cancellation or change of coverage on the insured or additional insured is effective until after thirty (30) days notice thereof has been given in writing to the office of the issuing agency.

C. The applicant shall indemnify and hold harmless the city, and special district under the jurisdiction of the City Council and their officers, agents and employees, and shall defend, indemnify and save harmless the city, any special district under the jurisdiction of the City Council and their officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including workers’ compensation claims, of or by anyone in any way resulting from any act or omission of the applicant or such officers, agents or employees of the applicant.

D. The applicant shall conform to all applicable federal and state worker’s compensation insurance requirements for all persons operating under a film permit issued by the city.

E. The applicant shall provide other insurance coverage as may be required by the issuing agency.

(OCC § 5-3-340)