It shall be unlawful for any person, group, or organization
to hold a circus, carnival, or tent show without first obtaining a
permit from the city. This section shall not apply to funeral processions,
school functions such as pep rallies, fundraisers, marching bands,
etc., provided such conduct is under the immediate direction and supervision
of appropriate school authorities or a government agency.
(2001 Code, sec. 110.01)
(a)
Any
person desiring to hold a circus, carnival, or tent show within the
city shall make an application in writing to the city secretary at
least ten (10) days prior to the date such circus, carnival, or tent
show is to be conducted.
(b)
The
application for a permit shall be on forms furnished by the city which
shall set forth the following information:
(1)
The name, address, and telephone number of the person, sponsor, group,
or organization desiring such permit;
(2)
The name, address, and telephone number of the person who will be
responsible for the conduct of the circus, carnival, or tent show;
(3)
The proposed date(s) the circus, carnival, or tent show is to be
held;
(4)
The proposed location of the circus, carnival, or tent show;
(5)
A description of the proposed circus, carnival, or tent show which
is to be held; and
(6)
Any additional information which the city may deem pertinent as to
whether a permit should or should not be issued.
(2001 Code, sec. 110.02)
(a)
Upon
the filing of an application for a permit for a circus, carnival,
or tent show, the city secretary shall cause or make an investigation
to determine whether or not the proposed event is in conflict with
any laws or ordinances and not detrimental to the public health, safety,
and welfare. When reviewing the permit application, the following
concerns, and any other information as may otherwise be obtained,
shall be considered before approving any permit:
(1)
The proposed event will not substantially interrupt the safe and
orderly movement of traffic, both vehicular and pedestrian;
(2)
The proposed event will not require the diversion of so great a number
of police officers of the city to properly police the event that customary
protection to the city will not be available;
(3)
The concentration of persons, animals and vehicles will not unduly
interfere with proper fire and ambulance service to all portions of
the city;
(4)
The conduct of the event is not reasonably likely to cause injury
to persons or property or to provoke disorderly conduct or create
a disturbance;
(5)
The event is for a meaningful purpose and is of sufficient interest
to the general public to justify any inconvenience it may cause;
(6)
The event has been planned to ensure that the general safety, health,
and welfare of all persons is provided as is reasonably possible.
(b)
The
city secretary shall consult with the chief of police and any other
city officials and/or staff deemed to have an interest in or information
regarding the desirability of issuing a permit under the terms of
this article.
(2001 Code, sec. 110.03)
After completion of his investigation, the city secretary shall
make a recommendation to the mayor regarding approval of the permit.
The mayor shall then approve or disapprove the permit. If approved,
the city secretary shall then issue a permit to the applicant. If
disapproved, the applicant may appeal such decision to the city council.
An appeal fee as provided for in the fee schedule shall be paid to
the city secretary prior to the city council hearing the appeal to
partially defer the administrative cost of handling the appeal. If
the city council approves the application for a permit, the city secretary
shall then issue a permit to the applicant.
(2001 Code, sec. 110.04)
It shall be unlawful for any person participating in any parade
for which a permit hereunder has been issued to fail to comply with
all directions and conditions of such permit and all applicable laws
and ordinances.
(2001 Code, sec. 110.05)
