[Added 9-13-2022 by Ord. No. 1744-2022[1]]
[1]
Editor's Note: This ordinance also repealed former Division 3, Carnival Licensing.
A. 
In this division, the following definition shall be applicable:
TRANSIENT AND TEMPORARY PUBLIC ENTERTAINMENTS
An event to which the public may gain admission by payment of an admission charge. It includes shows, circuses, animal exhibitions, dog shows, petting zoos, carnivals and vaudeville.
A. 
License required. No person shall maintain or operate any transient or temporary public entertainment within the City without first obtaining a license therefor as hereinafter provided.
B. 
License application. Applicants for transient and temporary public entertainment licenses must complete and return an application form furnished by the office of the City Clerk at least 30 days before the planned event. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule, which shall be reviewed annually. Such permits when issued shall be prominently displayed while the event is in operation.
C. 
Revocation. Any license granted by the Common Council under the provisions of this section may be revoked by the Mayor or Chief of Police, including when the person who maintains, owns, controls or operates such event permits the violation of any provisions of this Code of Ordinances or state laws or presents a threat to the public safety. Revocations or suspensions may be appealed to the Common Council.
D. 
Additional regulations for transient and temporary public entertainments.
1. 
Insurance required. The City may require an indemnity bond with good and sufficient sureties in the amount of not less than $1,000,000 or a policy of liability insurance in the amount of not less than $1,000,000 for the payment of all claims that may arise by reason of injuries (including death) or damages of whatever kind to person or property from the sale, handling, use or discharge of fireworks under the permit. Such bond or policy of insurance shall be obtained from a company or companies approved by the City and in a form satisfactory to the City. The bond or insurance policy shall be taken in the name of the City, and any person injured or damaged thereby may bring an action on the bond or policy in the person's own name to recover the damage the person has sustained. The bond or policy, if required, together with a copy of the permit, shall be filed in the office of the City Clerk. None of the provisions of this section shall be construed to limit the liability of the permit holder for injuries or damages.
2. 
Inspection of mechanical devices. The applicant shall indicate the date of the last state inspection of all rides and other mechanical devices. The City reserves the right to require inspections of all mechanical devices that would be available to the public. All inspection costs shall be paid for by the licensee.
3. 
Food handlers to obtain health licenses.
a. 
Any person employed in such an event for the purpose of preparing, handling or selling food or drink shall obtain all necessary permitting and licensing from the La Crosse County Health Department.
4. 
Animal-related entertainment and exhibitions.
a. 
Any event for public or private educational institutions, fairs, shows or projects of 4-H clubs; displays for judging purposes, circuses, traveling exhibits and petting zoos shall have all valid licenses and permits that are required by the federal government, state or county available for inspection on demand, and, if applicable, shall provide proof to the City of their licenses under the Animal Welfare Act and the United States Department of Agriculture prior to the event.
b. 
All animal exhibitions shall abide by all federal, state and local laws, ordinances, rules and guidelines that apply to such exhibits.
c. 
All animals and animal quarters shall be kept in a clean and sanitary condition and maintained to eliminate objectionable odors. Animal quarters shall be constructed in a manner to prevent their escape.
d. 
Exhibitors shall not display animals that are ill or injured.
e. 
Exhibitors shall confine/control all animals to protect the public and animals from harm.
f. 
Animals that are high-risk carriers of rabies, such as foxes, raccoons, and skunks, shall not be exhibited in petting zoos or any exhibition where they can come in contact with people.
g. 
No person shall in any manner or for any reason encourage, instigate, promote, assist, exhibit, organize, sponsor, host or participate in an exhibition/demonstration of the following types of animals, including but not limited to those animals that are:
i. 
Used or potentially used for fighting or training for fighting;
ii. 
Game animals;
iii. 
Bred with the intent to fight; or
iv. 
Aggressive animals.
h. 
Animal exhibitors shall be subject to the City's ordinances under Section 7.04.21.A and B for providing proper food and drink to confined animals and providing proper shelter.
A. 
Any person who violates this division shall be subject to a fine of not more than $250, before court costs, for the first violation and not more than $500, before court costs, for subsequent violations.