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."
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.
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.
A carnival not expressly permitted by this chapter is prohibited.
[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.
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.
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.
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.
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.
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.
[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.
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.
[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.
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.
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.
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.
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.
[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.