It shall be unlawful for any person, group, or organization or hold a circus, carnival, tent show, or the like without first obtaining a permit from the city. This section shall not apply to funeral processions, parades, and 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.
(1995 Code, sec. 110.001)
(a)
Any person desiring to hold a circus, carnival, or tent show within the city shall file a written application with the city secretary at least ten (10) days prior to the date such circus, carnival, tent show, or the like is to be conducted.
(b)
The applicant shall use an application form furnished by the city and shall set forth the following information:
(1)
The name, address, and telephone number of the person, sponsor, group, or organization desiring the permit;
(2)
The name, address, and telephone number of the person who will be responsible for the conduct of the event;
(3)
The proposed date(s) the event is to be held;
(4)
The proposed location of the event;
(5)
A description of the proposed event; and
(6)
Any additional information which the city may deem pertinent regarding issuance of the permit.
(c)
The applicant shall pay the city a permit fee set by the city council, along with a complete application, before the city shall consider the application. This fee shall be nonrefundable regardless of whether the permit is granted or denied.
(1995 Code, sec. 110.002)
(a)
Upon the applicant’s 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 city secretary shall consider the following concerns, and any other information as may otherwise be obtained, before approving any permit:
(1)
Whether the proposed event will substantially interrupt the safe and orderly movement of traffic, both vehicular and pedestrian;
(2)
Whether the proposed event will 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)
Whether the concentration of persons, animals, and vehicles will unduly interfere with proper fire and ambulance service to all portions of the city;
(4)
Whether the conduct of the event is reasonably likely to cause injury to persons or property or to provoke disorderly conduct or create a disturbance;
(5)
Whether the event is for a meaningful purpose and is of sufficient interest to the general public to justify any inconvenience it may cause;
(6)
Whether 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 city officials and/or staff that the city secretary deems to have an interest in or information regarding the desirability of issuing a permit under the terms of this division.
(1995 Code, sec. 110.003)
(a)
After completion of his or her 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 may issue a permit to the applicant. If disapproved, the city secretary shall notify the applicant of the city’s decision.
(b)
To appeal the disapproval of the permit application, the applicant must pay an appeal fee, as determined by the city council, to the city secretary and request a hearing before the city council within ten (10) days of receiving notice of the city’s application disapproval. After the applicant has paid the city the required appeal fee and requested a hearing, the city secretary shall schedule a city council hearing regarding the appeal.
(c)
The city council may approve the mayor’s decision to deny the permit application or overrule the mayor’s decision and grant the applicant’s permit. If the city council approves the application for a permit, the city secretary shall issue a permit to the applicant. The council’s decision regarding the permit shall be final.
(1995 Code, sec. 110.004)
It shall be unlawful for any person participating in any event for whom a permit under this division has been issued to fail to comply with all directions and conditions of the permit and all applicable laws and ordinances.
(1995 Code, sec. 110.005)