Any mechanical device that carries or conveys passengers
along, around or over a fixed or restricted route or course within
a defined area for purposes of giving its passengers amusement, pleasure
or excitement.
A fair or festival with amusement rides, games, food and/or
entertainment allowable for a specific period of time in a designated
area upon issuance of a temporary use permit as approved by the city
council.
An open or covered arena used for performances of physical
skill, wild animal acts and/or jugglers and clowns allowable for a
specific period of time in a designated area upon issuance of a temporary
use permit as approved by the city council.
(Ordinance adopting Code)
It shall be unlawful for any person, firm or corporation to
operate a circus, carnival, fair or other amusement-type show without
first having obtained a temporary use permit therefor from the city
council.
(Ordinance adopting Code)
A fee for such temporary use permit shall be in an amount determined
by the city council by resolution from time to time and on file in
the office of the city secretary and shall be paid at the time the
application for such temporary use permit is made and shall not be
returned if the application is denied. Upon special request by a nonprofit
institution organized for philanthropic or eleemosynary purposes,
to the city manager, such fee may be waived or modified, as determined
by the city manager, where a portion of the proceeds from such circus,
carnival, fair or other amusement show shall be used for charitable
purposes.
(Ordinance adopting Code)
The application for a temporary use permit shall be filed not
less than thirty (30) days prior to the first performance, exhibition
or other operation; shall be signed by the applicant and sworn to
before an officer authorized to administer oaths; and shall contain
the following information:
(1)
Name,
address and telephone number of the applicant and of any other person,
organization, firm or corporation on whose behalf the application
is made.
(2)
The
date and time requested for the temporary use permit.
(3)
The
type or kind of entertainment and the place where such entertainment
will be held.
(4)
If
held indoors, the number of restrooms available within the facility
where the entertainment will be held and an accurate drawing or plat
showing the location in the facilities for drinking water, location
of all ingress and all egress, and a showing of a fire exit and/or
emergency exit plan.
(5)
The
time and hours of such entertainment.
(6)
The
number of security personnel which shall be available to control the
traffic going to and leaving the entertainment area and the number
of security personnel to be made available for the control, supervision
and direction of pedestrian patrons after entering the entertainment
area.
(7)
Any
other additional information requested by the city which may be pertinent
due to the specific nature or type of entertainment enterprise.
(8)
Proof
that all state and municipal requirements for inspection, safety and
insurance have been satisfied.
(Ordinance adopting Code)
(a)
No temporary use permit shall be approved by the city council unless the application complies with section 4.04.004.
(b)
Sufficient
security personnel shall be available to control traffic to and from
the entertainment and to ensure against breaches of the peace and
violation of state and municipal laws by persons attending such entertainment
and, in particular, violation of laws against the possession and use
of controlled substances as such are defined by state law. The number
of security personnel required shall be determined by the chief of
police.
(c)
The
entertainment shall be conducted in such a way as not to be in violation
of any ordinance or code of the city in regard to fire prevention
and that the physical facilities, exits, emergency fire exits and
other precautionary measures are adequate to protect the health, safety
and welfare of those persons attending the entertainment and the general
public.
(d)
Adequate
restrooms shall be available to provide for the welfare of those persons
attending the entertainment. A minimum of two (2) restroom facilities
shall be required.
(e)
All
circuses, carnivals, fairs and other amusements and entertainments
shall comply with the fire prevention, fire, electrical, health and
other appropriate codes, ordinances and regulations of the city.
(f)
The
city council shall have the right to refuse to grant a temporary use
permit when the health, safety and welfare of the citizens of the
city are determined to be likely endangered by traffic, inadequate
sanitation facilities, other health hazards, possible violence, illegal
narcotics sale or use, immoral conduct, illegal conduct or any other
similar problem or hazard.
(Ordinance adopting Code)
A violation of any provision of this article; a failure to conduct
such circus, carnival, fair or other amusement show in compliance
with the application for the temporary use permit; or the conduct
of any such entertainment in such a way as to present a hazard to
the health, safety and/or welfare of the citizens attending such entertainment
shall be grounds for revocation of such temporary use permit.
(Ordinance adopting Code)
