[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 10, Art. II, Div. 2, of the Code of Ordinances. Amendments noted where applicable.]
Carnivals and circuses shall be allowed in the City only upon the permission of the City Council. No more than one carnival and one circus shall be held within the City within any one year.
Filing. Application for a permit for a carnival or circus shall be made in conformance with this section and shall be submitted to the Chief of the Police Department. The application must be filed with the Chief of Police at least 30 days before the date on which it is proposed to conduct the carnival or circus.
Information required. The application for a permit shall set forth the following information:
The name and address and telephone number of the person seeking to conduct such carnival or circus or, if the carnival or circus is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization.
The date and the hours when such carnival or circus will start and terminate.
The address and location of the building or place where the circus or carnival is to be located.
The approximate number of persons who it is anticipated will attend the circus or carnival.
Deposit required. At the time of making application for a circus or carnival permit, there shall be deposited with the City Treasurer the fee as specified in Chapter 171 in cash or certified check. Such money so deposited shall remain as security for leaving the grounds or location where the circus or carnival is conducted in a neat, clean, healthy and sanitary condition, to the satisfaction of the responsible City official. Only upon certification will security money be returned to the applicant. If the owner and/or manager of the circus or carnival fails to so clean up the location within three days after date of operation, the City Manager shall proceed to order City crews to place the location in a neat, clean, healthy and sanitary condition. Costs for restoration of the location shall be charged against the security money. A full accounting shall be provided to the applicant, and any monies remaining shall be refunded.
[Amended 7-11-2019 by Ord. No. 2019-03]
Insurance required. At the time of making application for a circus or carnival permit there shall be deposited with the City Clerk for review and approval or disapproval by the City Attorney proof of an effective policy of liability insurance covering the operations and naming the City, its agents, officers and employees as coinsured in the sum of $1,000,000 per claimant.
No circus or carnival permit shall be issued to a person who is not a person of good moral character, nor to a corporation or organization which is not represented by a person of good moral character. It shall be the duty of the Chief of Police to make or cause to be made an investigation into the character of each applicant and report the results of such investigation to the City Council, together with his recommendations as to approval of the application.
In his report to the City Council, the Chief of Police shall also advise as to the number of police officers required to be present at the circus or carnival.
The Chief of Police must act upon the request within five days from receipt, and forward his recommendations to the City Clerk for transmittal to the City Council.
If the City Council approves the request for an application for a permit to conduct a circus or carnival, the City Clerk shall issue a permit for the circus or carnival upon payment of the required fees and execution of an indemnification agreement as set forth in § 163-5, provided that the deposit has been made.
[Amended 7-11-2019 by Ord. No. 2019-03]
A daily permit fee shall be paid for each day the circus or carnival is in operation.
An additional daily police protection fee shall be paid for each police officer required to be present at the circus or carnival, as determined by the Chief of Police in his report to the City Council.
An additional daily garbage service fee shall be paid.
Water and sewer rates will be those assessed against commercial users. The City Clerk shall collect a commercial water deposit at the time of the issuance of the permit and shall bill the person or organization conducting the circus or carnival for the water and sewer services upon completion of the carnival or circus.
The person seeking to conduct such carnival or circus, in addition and without respect to the insurance required, shall execute a written agreement to be prepared by the City Attorney indemnifying and holding the City harmless from any and all liabilities resulting from the operation of such carnival or circus.