(a) 
This entire article is and shall be deemed an exercise of the police power of the state and of the City of Levelland for the public safety, comfort, convenience, and protection of the City of Levelland and the citizens thereof, and all of the provisions of this article shall be construed for the accomplishment of that purpose.
(b) 
This article may be known and may be cited as the "Carnival Ordinance" of the City of Levelland.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-51)
Carnival.
The term "carnival" as used herein shall mean and include amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities and side shows. A carnival shall not include gambling devices, games of chance, lotteries, punch boards or other activities in violation of law.
Exhibitions.
The term "exhibitions" as used herein shall be held to mean and include circuses, menageries, exhibitions of animate or inanimate objects and other similar amusement enterprises which are open to the public and for admission to which a fee is charged.
Permit Board.
As used in this article, the term "permit board" shall mean the corporation permit board created by Section 4.703.
The terms “carnival” and “exhibitions” as used in this article does not include “special event” as that term is defined in Article 4.1300 of this code.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-52; Ordinance 1011, sec. 3, adopted 1/9/17)
There is hereby established the corporation permit board of the City of Levelland, the official name of which shall be "The corporation permit board of the City of Levelland." The permit board shall be composed of a representative of the City Manager's office, who shall be chairman of the board, the Chief of Police, and the City Secretary. The permit board shall perform all duties incumbent upon it under the terms of this article.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-53)
It shall be unlawful to conduct or operate any carnival or exhibition which is open to the public and for admittance to which a fee is charged, without having first secured a license therefor; provided that the provisions of this section shall not be held to apply to those amusements which are specifically licensed by any other ordinance of the city.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-54)
Any person desiring a license required by this article shall make written application therefor to the City Secretary for a permit to do so, which application shall show the following:
(1) 
The full name and residence address of the applicant.
(2) 
The name and address of the person or firm which such applicant represents.
(3) 
The name of the local sponsor of the exhibition or carnival, if any.
(4) 
The name of the immediate last preceding three (3) cities in which the exhibition or carnival was held, if any.
(5) 
A full and complete legal description of the location upon which the exhibition or carnival is to be located.
(6) 
The dates and hours that the exhibition or carnival will be operated.
(7) 
A written permission letter from the owner of the property upon which the carnival or exhibition is to be operated that consent has been secured.
(8) 
Written certificates from the applicant’s insurer or person with whom the applicant’s insurer has contracted stating that each amusement ride:
(A) 
Has been inspected;
(B) 
Meets the standards for insurance coverage; and
(C) 
Is covered by insurance in an amount not less than $100,000.00 per occurrence with a $300,000.00 annual aggregate for class A amusement rides, and $1,000,000.00 per occurrence for class B amusement rides.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-55; Ordinance 922, sec. 1, adopted 3/24/08)
Upon the filing of an application for a permit under this article, it shall be the duty of the city secretary to retain the application until time for the permit board to consider the same. The permit board will meet at the call of the city secretary. At the meeting of the permit board, the board shall determine whether all requirements of this article have been met, whether the bond as required by this article is in proper order and whether the location of the proposed exhibition or carnival meets with the requirements of this article. Upon finding that all requirements of this article have been met, the permit board shall determine whether or not to grant the permit. If the permit board finds that all requirements of this article are not met, the permit board shall deny the application until such time as proof of compliance with the terms of this article are provided to the permit board.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-56; Ordinance 922, sec. 2, adopted 3/24/08)
If, upon hearing before the permit board and upon a majority vote thereof, that the statements contained in the application for a permit, together with supporting documents are true, correct and in proper form, then the applicant may, but not necessarily must, be issued a permit to conduct the carnival or exhibition at such place and times as the permit board may direct.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-57)
(a) 
It shall be required that the location for an exhibition or a carnival shall be so situated that no residence shall exist within three hundred feet (300') of the property upon which the exhibition or carnival is to be located.
(b) 
The applicant for a permit shall post with the City of Levelland a cash indemnity bond in the amount of five hundred dollars ($500.00) to insure that the grounds upon which the exhibition or carnival is located will be left in as clean and sanitary a condition as the property was in before the exhibition or carnival moved onto the location. In the event that the grounds are in need of additional cleaning after the exhibition or carnival has left the area, the City of Levelland will send its employees upon the property for the purpose of cleaning the premises and will deduct from the cash indemnity bond the amount of money necessary to properly clean the premises. The money remaining out of the cash indemnity bond shall be refunded to the applicant within ten (10) days of the closing of the exhibition or carnival.
(c) 
Trash containers in adequate numbers shall be placed at convenient locations for the use of the public during the period of time that the exhibition or carnival is upon the location.
(d) 
For the purpose of preserving and maintaining order, a minimum of two police officers shall be hired by the applicant to patrol the premises and to maintain order. The permit board may raise or lower the required number of officers that will be necessary based on the individual circumstances of each application. The permit board may also state the times during the day or night during which additional law enforcement protection will be required on the location of the carnival or exhibition.
(e) 
No license shall be issued for conducting an exhibition or carnival unless the location proposed for the amusement has adjacent to the land an area sufficiently large for the off-street parking of motor vehicles of the patrons of the amusement.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-58; Ordinance 922, sec. 3, adopted 3/24/08)
(a) 
Upon satisfactory application being made and approved by the permit board of the City of Levelland, the City Secretary shall issue the license to the applicant.
(b) 
The schedule of fees as provided for in the fee schedule found in the appendix of this code shall apply to such licenses.
(c) 
It is further provided that no fee shall be charged for any amusement, exhibition or carnival where the same is sponsored by or given for the benefit of any Levelland or Hockley County religious, educational, charitable, social, or fraternal organization.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-59)
All permits issued under this article shall be valid from the date shown thereon for a period of six (6) months.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-60)
If, after the permit provided for in this article has been issued, the permit board or other agency or official of the city finds that the permit has been obtained by false representation in the application, such permit may be revoked by action of the permit board. Such permit may also be revoked if it shall appear to the permit board that the holder of such permit has violated any ordinance of the City of Levelland or any law of the State of Texas.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-61)
If the applicant for a permit under this article or the holder of such permit is dissatisfied with any action or finding of the permit board, the applicant may appear for hearing before the City Council to present information concerning why the City Council should reverse the action of the permit board and grant the application for permit. Such appearance shall follow the filing of a written notice of appeal from the finding or action of the permit board. The written notice of appeal must be filed within ten (10) days from the finding or action of the permit board. Upon the filing of such notice of appeal, the applicant for the permit and all papers possessed by the permit board in connection with such application and such permit shall be delivered to the City Council and such matters as may be in controversy shall be heard by the council at its next regular meeting after the filing of the notice of appeal. The City Council shall have the same powers and authority at such hearing on such appeal as is vested in the permit board by this article. The City Council may add such conditions and additional requirements for the purpose of granting a permit as the council sees fit.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-62)
Editor’s note–Former section 4.713, pertaining to exemptions from this article and deriving from Ordinance 922, sec. 4, adopted 3/24/08, was deleted in its entirety by Ordinance 1011, sec. 4, adopted 1/9/17.
Any person violating any of the provisions of this article shall upon conviction thereof be punished by a fine in accordance with the general penalty provision found in Section 1.106 of this code, and each and every day this article is violated shall constitute a separate offense.
(1974 Code of Ordinances, Chapter 5, Article 6, Section 5-64)