City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 96 of the 1984 Code. Amendments noted where applicable.]
CHARTER REFERENCES
General powers — See Ch. 3, Sec. 3.1.
City Manager — See Ch. 7, Sec. 7. 1.
Police Department — See Ch. 7, Sec. 7.9.
Fire Department — See Ch. 7, Sec. 7.10.
Department of Buildings and Inspection — See Ch. 7, Sec. 7.13.
GENERAL REFERENCES
Amusements — See Ch. 73.
Electrical equipment for carnivals — See Ch. 126, § 126-33.
Fees — See Ch. 133.
Licensing — See Ch. 187.

§ 96-1 Title.

This chapter shall be known and cited as the "Carnival Ordinance of the City of Roseville" and will be referred to herein as "this chapter."

§ 96-2 Definitions.

As used in this chapter, unless the context otherwise indicates, the following terms and words are defined as follows:
CARNIVAL
Refers to circuses as well and shall mean a traveling enterprise consisting of such amusements as rides, games of skill, sideshows and devices or other temporary structures and exhibitions, in any number or combination, designed to serve a special purpose or perform a special function.
DAILY INSPECTION LOG
The form furnished by the Michigan Department of Labor to be filled out and used by the owner/operator as a checklist for the daily inspection of each ride.
GAME OF SKILL
Any amusement whereby a patron is given the opportunity to obtain a prize, reward or some object of value upon the performance of some physical act in a specified manner.
OPERATOR or OWNER
A person who owns or controls or who has the duty to control the operation of a carnival. This includes individuals, licensees, managers, lessees, sponsors, partnerships, corporations, societies and organizations.
RIDE
A device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement.
SIDESHOW
A subsidiary exhibition accompanying a carnival in which patrons are entertained or amused by viewing anomalies of nature or physical objects from a perspective which tends to make the object viewed or the viewer appear other than what it is, acts or demonstrations requiring peculiar expertise or training, performances by persons and/or animals displaying acrobatic or gymnastic skills or any other form of entertainment which a reasonably informed individual of common experience would refer to as a "sideshow."
SPONSOR
Any individual, partnership, corporation, association, religious or fraternal organization or society or any other entity which undertakes to promote a carnival and provide the premises for the location, use and occupancy of any carnival within the municipal limits of the City of Roseville.

§ 96-3 Games of luck or chance not permitted.

Nothing in this chapter shall in any way be construed to authorize, license or permit any games, contest or endeavor played for luck or chance and involving little or no skill, in which participants may obtain a prize, reward or some object of value.[1]
[1]
Editor's Note: See Ch. 73, Amusements, Art. II, Amusement Devices, § 73-15.

§ 96-4 Certain carnivals prohibited.

A carnival not expressly permitted by this chapter is prohibited.

§ 96-5 Approval required; waiver of provisions.

[Amended 5-26-2015 by Ord. No. 1284]
Any sponsor of a carnival shall obtain the approval of the Roseville City Council to promote a carnival to be held within the municipal limits of the City of Roseville. Some or all of the provisions of this chapter may be waived by Roseville City Council in the event the City of Roseville is a sponsor and/or operator of a carnival. In the event the City of Roseville is a sponsor, the provisions related to an operator may be required by the Roseville City Council.

§ 96-6 Submission of notice of intent; contents.

The sponsor of any carnival shall submit in writing to the Roseville City Manager a notice of intent to promote a carnival not less than 60 days before the proposed opening date of the carnival. The notice of intent shall include the proposed dates, the location and the name of the owner/operator of said carnival.

§ 96-7 Action by City Manager.

The Roseville City Manager, upon receipt of the notice of intent, shall forthwith:
A. 
Cause the Roseville Police Department to prepare a report for the Roseville City Council recommending the approval or disapproval of the sponsor's proposed dates, location and owner/operator of the carnival.
B. 
Place the sponsor's notice of intent with the Police Department's report on the agenda for the regularly scheduled meeting of the Roseville City Council for action by the Council.

§ 96-8 Approval or disapproval by City Council.

The Roseville City Council shall approve or disapprove the sponsor's dates, location and the owner/operator of said carnival, together with such conditions as may be required; provided, however, that upon the approval of the sponsor's dates, location and owner/operator of the carnival, the said owner/ operator shall not conduct or operate said carnival without first obtaining a license to operate as hereinafter provided for in this chapter.

§ 96-9 License required.

The owner/operator of a sponsor's approved carnival shall obtain a license to operate from the City of Roseville Police Department, not less than 30 days prior to the opening date of said carnival. Applications for such license to operate shall be made to the Roseville Police Department for that purpose, and said applications must be approved by the Roseville Police Department before any license to operate will be issued.

§ 96-10 Application information.

The application for such license to operate shall contain the following information:
A. 
The location, opening and closing dates and hours of operation of the carnival.
B. 
A list of all employees showing their particular job or jobs and what the job entails.
C. 
Proof of adequate insurance, in force, in accordance with Act 225, Public Acts of 1966 [MSA § 18.484(1) et seq; MCL § 408.651 et seq.].
[Amended 7-27-1999 by Ord. No. 1125]
D. 
A list of persons in authority who can be reached at any time they are needed and where they can be reached, including the name, location and telephone number of the home office of the owner/operator, the unit manager's name, address and telephone number and the telephone number at the carnival site.
E. 
A drawing of the physical layout of the carnival, showing entrances, exits, quarters for animals, adequate parking areas clearly marked and the location of public sanitary facilities.
F. 
A list of all rides and their state inspection numbers, games of skill, sideshows and devices or other temporary structures designed to serve a special purpose or perform a special function, including any and all booths and concessions dispensing food and/or beverages.
G. 
The name of the service that will provide the number of uniformed guards as required by § 96-12C of this chapter.

§ 96-11 Investigation and inspections; issuance of license.

A. 
The application for a license to operate shall be made out in triplicate, one copy being referred to the Police Department, the second copy being referred to the Fire Department and the third copy being referred to the Department of Buildings and Inspection.
B. 
The Police Department shall investigate the location, use and occupancy of said proposed carnival and the moral character of the applicant and shall ascertain that the carnival will not disturb the public peace and tranquillity and will not create undue traffic hazard or congestion and shall either approve or disapprove the application, stating the reasons for the denial of any application.
C. 
The Fire Department shall inspect the location, ascertain if the carnival is free from fire hazards and either approve or disapprove the application, stating the reasons for the denial of any application.
D. 
The Department of Buildings and Inspection shall inspect:
(1) 
All wiring and ascertain that all electrical work was constructed under the supervision of a journeyman electrician licensed by the State of Michigan or reciprocal area.
(2) 
All temporary structures and/or booths or concessions dispensing food and/or beverages.
(3) 
The maintenance and quarters of animals.
(4) 
Sanitary toilet facilities as provided in § 96-12 and determine if same complies with the Electrical, Building and Health Codes and zoning ordinances of the City of Roseville[1] and shall either approve or disapprove the application, stating the reasons for the denial of any application.
[1]
Editor's Note: See Ch. 126. Electrical Standards, Ch. 88. Building Construction, and Ch. 370. Zoning.
E. 
The Roseville Police Department shall not issue the license to operate until written approval is obtained from these departments and all permit fees, inspection fees and bonds are paid or deposited as required in this chapter.

§ 96-12 Restrictions on issuance of license and operation.

A. 
No license to operate shall be issued to any owner/operator unless he or she shall be over 18 years of age.
B. 
No license to operate shall be issued to any owner/operator or sponsor who intends to sell intoxicating liquor, beer or wine.
C. 
No license to operate shall be issued to any owner/applicant unless the owner/applicant supplies a minimum of two uniformed security guards and as many more uniformed security guards as may be deemed necessary by the Roseville Chief of Police or his or her representative based on the location, number of rides, sideshows, number of people attending and traffic and surface conditions for the proposed carnival. The uniformed security guards shall be licensed under the provisions of the Michigan Public Acts of 1968, No. 330 [MSA § 18.185(1) et seq; MCL § 338.1051 et seq.].
[Amended 7-27-1999 by Ord. No. 1125]
D. 
No license to operate shall be issued to any applicant who has violated or is associated with any carnival which has violated any of the provisions of this chapter.
E. 
No license to operate shall be issued to any owner/operator who operates a carnival which fails to satisfy all requirements of Act 225, Public Acts of 1966, and the administrative and operational procedures promulgated by the State of Michigan for implementation of said Act 225 [MSA § 18.484(1) et seq; MCL § 408.651 et seq.].
[Amended 7-27-1999 by Ord. No. 1125]
F. 
All electrical construction and connecting of electrical conductors shall be supervised at all times by a journeyman electrician licensed by the State of Michigan or reciprocal area.[1]
[1]
Editor's Note: See Ch. 126, Electrical Standards.
G. 
Licenses to operate may be granted to any one owner/operator for a period not to exceed eleven days consecutively and may be renewable for not more than seven days.
H. 
No carnivals shall be operated except between the hours of 10:00 a.m. to 10:00 p.m. daily.
I. 
No carnivals shall be operated in violation of any existing zoning restrictions.[2]
[2]
Editor's Note: See Ch. 370, Zoning.
J. 
No ride, tent, booth or concession shall be placed or located within five feet from any sidewalk or traffic right-of-way.
K. 
No carnival shall be permitted to operate unless it provides and maintains a minimum of two male and two female sanitary toilet facilities.
L. 
No more than one carnival will be licensed to operate within the City of Roseville at any one time.
M. 
No owner/operator of a carnival shall be permitted to operate unless it provides an affidavit stating that all rides will be examined daily and the name of the examiner and his or her qualifications and stating that the daily inspection logs will be available for review at any time by the City Building Official, the Roseville Chief of Police or their representatives.

§ 96-13 Bond required; waiver by Council.

[Amended 7-27-1999 by Ord. No. 1125]
Before any license shall be granted, there shall be deposited by the applicant for such license with the Roseville Police Department a cash or surety bond in the amount of $5,000, conditioned that no damage will be done to the streets, sewers, trees or adjoining property and that no dirt, litter or other debris will be permitted to remain upon the streets or upon any private property by such owner/operator. The requirements of this bond may be waived upon approval of the City Council.

§ 96-14 License fees.

The license fee for any carnival, food stand and/or sideshow shall be as required in Chapter 133, Fees, of the Code of the City of Roseville. Any license may be issued without fee for any charitable, religious, educational, fraternal or public organization not conducted for private profit, upon the approval of City Council.

§ 96-15 Inspection fee.

[Amended 7-27-1999 by Ord. No. 1125]
Before any license shall be issued covering carnivals regulated by this chapter, an inspection fee shall be paid according to Chapter 133, Fees.

§ 96-16 Application for variance.

Application by any sponsor and/or owner/operator for any variance of any provisions or requirements of this chapter shall be made to the Roseville City Council in the form of a written application delivered to the City Clerk for permission to operate any carnival as set forth in said application. The applicant shall present a statement and adequate evidence showing that:
A. 
There are exceptional or extraordinary circumstances or conditions applying to the proposed use referred to in the application, which circumstances or conditions do not apply generally to any proposed carnival use.
B. 
The granting of such application will not, under circumstances of the particular case, materially affect adversely the health, safety or welfare of the persons residing or working in the neighborhood or attending any carnival and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to the immediate neighborhood or the City at large.

§ 96-17 Granting of variance.

In all cases where the Roseville City Council shall grant a variance of any provisions or requirements of this chapter, the Roseville City Council shall find that the granting of the variance under such conditions as the Roseville City Council may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this chapter and that it will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

§ 96-18 Revocation of license.

The Roseville Chief of Police or his or her representative may revoke any license already issued upon proof submitted of the violation by any sponsor or owner/operator of any ordinance of the City of Roseville regulating, controlling or in any way relating to the use or operation of a carnival, as defined in this chapter, which evidences a flagrant disregard for the safety or welfare of either the patrons, employees or persons residing or doing business nearby.

§ 96-19 Cessation of operation.

The Roseville Chief of Police or his or her representative shall close down the operation of any carnival upon the revocation of the owner/operator's license to operate the carnival.

§ 96-20 Violations and penalties.

[Amended 7-27-1999 by Ord. No. 1125]
Any person violating or neglecting or refusing to comply with any of the provisions of this chapter shall be punished by the imposition of a fine of not less than $100 nor more than as provided in Chapter 1, General Provisions, Article I.