[Ord. No. 110298B §1, 11-2-1998]
It shall be unlawful for any person or persons, firm or corporation,
either alone or in conjunction with someone else, to operate, maintain
or conduct a carnival without first obtaining a license from the Board
of Aldermen. The word "carnival" as used in this
Chapter is defined to mean any amusement or show consisting of vaudeville,
side shows, games, rides and amusements or any similar type exhibits.
[Ord. No. 110298B §2, 11-2-1998]
A.
An applicant
for a permit to operate, maintain or conduct a carnival within the
City limits of the City of Peculiar shall file an application in writing
containing the following information:
1.
The
name, age, residence and mailing address of the person making the
application. If the application is made by a partnership, the names
and addresses of the partners must appear. Where the applicant is
a corporation, the application must be signed by the president, vice
president and secretary of the corporation and must contain their
addresses, and a certified copy of the articles of incorporation shall
be submitted with the application.
2.
A written
statement of the kind, character or type of carnival which the applicant
proposes to operate, maintain or conduct.
3.
The
address or legal description of the place where the proposed carnival
is to be operated, maintained or conducted. Additionally, the applicant
must submit proof of ownership of the place where the carnival is
to be operated, maintained or conducted, or a statement signed by
the owner of the premises indicating his consent that the site be
used for the proposed carnival.
4.
The
dates and hours during which the carnival is to be operated, maintained
or conducted.
5.
An estimate
of the number of customers, spectators, participants and other persons
expected to attend the carnival for each day it is operated, maintained
or conducted.
6.
A detailed
written explanation of the applicant's plans to provide security and
fire protection, water supply and facilities, food supply and facilities,
sanitation facilities, medical facilities and services, vehicle parking
space, vehicle access and on-site traffic control, and, if it is proposed
or expected that spectators or participants will remain at night or
overnight, the arrangements for illuminating the premises and for
camping or similar facilities. The applicant's plans shall include
what provisions shall be made for cleanup of the premises and removal
of rubbish after the carnival has concluded.
7.
A plot
plan showing arrangement of the facilities including those for parking,
egress and ingress.
[Ord. No. 110298B §3, 11-2-1998]
The applicant shall file with the City Clerk an insurance policy,
to be approved by the Board of Aldermen, providing insurance coverage
for such carnival and all operations thereof for injury or death of
persons and against damage to the property of another, including personal
property, in sums of not less than one million dollars ($1,000,000.00)
for any one (1) person, two million dollars ($2,000,000.00) for any
one (1) occurrence, and five hundred thousand dollars ($500,000.00)
for property damage in any one (1) occurrence.
[Ord. No. 110298B §4, 11-2-1998]
A.
In the
operation of such carnival the operator thereof shall be permitted
to use sound amplifying equipment, provided such equipment shall be
subject to the following regulations:
1.
The
only sounds permitted are music or human speech;
2.
The
human speech or music amplified shall not be profane, lewd, indecent
or slanderous;
3.
The
volume of sound shall be controlled so that it will not be audible
for a distance in excess of one thousand (1,000) feet from the outermost
location of any of the carnival equipment and facilities, and so that
such volume is not unreasonably loud, raucous, jarring, disturbing
or a nuisance within the area of audibility.
[Ord. No. 110298B §5, 11-2-1998]
It shall be unlawful for any carnival owner, operator, lessee
or agent thereof to permit or engage in any activities or games that
are, under the provisions of this Code or other ordinances of this
City or State law, games of chance or gambling and the setting up
and operation of any such tables, gambling devices, roulette wheels,
machine stand, punch board or other kind of gambling device of whatever
pattern, kind, make, however worked, operated and manipulated or any
kind of gambling table or gambling device adapted, devised and designated
for the purpose of playing any game of chance for money or property
at any carnival is expressly and specifically prohibited.
[Ord. No. 110298B §6, 11-2-1998]
No carnival shall be located within five hundred (500) feet
of any area zoned for residential purposes and such location would
not impede the normal flow of traffic in the area.
[Ord. No. 110298B §7, 11-2-1998]
The Fire Marshal and the City Health Inspector shall have the
authority to inspect the carnival to determine that it in all ways
complies with the application filed with the Board of Aldermen, all
City ordinances that have promulgated health and sanitary regulations,
all food and drink sanitation requirements by ordinances or by regulation
of the City Health Inspector or the State Department of Health, and
all Fire Code ordinances of the City; and that it has proper equipment
and facilities for establishing and maintaining the sanitary conditions
required by all applicable ordinances and health regulations of the
City and State applying to public restrooms and buildings, carnivals
or other public gatherings.
[Ord. No. 110298B §8, 11-2-1998]
Every person obtaining a permit to operate, carry on or conduct
a carnival in the City shall agree as a condition thereto to fully
and completely comply with the provisions of this Chapter all other
applicable ordinances of this City and in accordance with the stated
plans of the carnival or the operations thereof. In the event such
person or anyone employed thereby or operating with permission thereof
shall violate the provisions of such laws, or operate such carnival
contrary to the expressly stated plans of the carnival, the permit
for such carnival may be revoked and canceled upon submission to the
Board of Aldermen of competent evidence that there has been such violation.
[Ord. No. 110298B §9, 11-2-1998]
A.
The Board
of Aldermen may deny a license for any of the following reasons:
1.
The
proposed carnival will be conducted in a manner or in a location not
meeting the health, zoning, fire or building and safety standards
established by the City ordinances.
2.
The
applicant has knowingly made a false, misleading or fraudulent statement
of material fact in the application for the license.
3.
The
person who has applied for the license who in his or her previous
operation of a carnival within the City violated the ordinances and
requirements of the City or any other City so as to cause such City
to have revoked any permit or permission to operate such carnival
and the Board of Aldermen has cause to believe similar conduct may
occur again in operation of such proposed plan or operation.
[Ord. No. 110298B §10, 11-2-1998]
Any person who violates the terms of this Chapter shall upon
conviction be fined not less than fifty dollars ($50.00) nor more
than five hundred dollars ($500.00), or by imprisonment in the County
Jail for not to exceed ninety (90) days, or by both fine and imprisonment.
[Ord. No. 110298B §11, 11-2-1998; Ord. No. 120798 §§1 — 2, 12-7-1998]
A.
The City
has determined that it will cost the City the sum of fifty dollars
($50.00) to provide the inspection services required by this Chapter.
The City shall charge as a permit fee the sum of one hundred dollars
($100.00) plus the cost of any security to be furnished by the City
of Peculiar Police Department at the carnival site as a permit fee.
B.
The Fire
Marshal and the City/County Health Inspector shall have the authority
to inspect the carnival to determine that it in all ways complies
with the application filed with the Board of Aldermen, all City ordinances
that have promulgated health and sanitary regulations, all food and
drink sanitation requirements by ordinances or by regulation of the
City/County Health Inspector or the State Department of Health, and
all Fire Code ordinances of the City; and that it has proper equipment
and facilities for establishing and maintaining the sanitary conditions
required by all applicable ordinances and health regulations of the
City and State applying to public restrooms and buildings, carnivals
or other public gatherings.
