No person, firm or corporation shall establish, set up, maintain,
exhibit, conduct or carry on in the City any circus, menagerie, wild
rodeo, Ferris wheel, merry-go-round, traveling show, fair, amusement,
exhibition or place of amusement of any kind unless a permit to do
so has been issued as provided in this chapter and unless the permit
is in full force and effect.
(Prior code § 2311; Ord. 147 § 1, 1960)
A. Any
person, firm or corporation desiring a permit required by this chapter
shall make application therefor to the Administrative Services Director.
The application shall be verified and shall set forth the following:
1. The
name and address of the applicant;
2. If
the applicant is a corporation, the name and address of the corporate
officers;
3. The
name and address of the proprietor and the persons to be in immediate
charge of the place of amusement;
4. The
location at which it is proposed to conduct the place of amusement;
5. A
description of the place of amusement proposed to be conducted and
method of operation.
B. The
Administrative Services Director shall transmit the application to
the City Manager for approval or disapproval.
(Prior code §§ 2312—2314; Ord. 147 § 2, 1960; Ord. 2003-998 § 17; Ord. 2012-1133 § 23)
The application shall be accompanied by an application fee in
an amount as set forth in the City's Master Fee Schedule. This fee
is in addition to any license fee which is now or hereafter required
to be paid.
(Prior code § 2315; Ord. 147 § 3, 1960; Ord. 2023-1235, 10/18/2023)
A. The
City Manager and the chief of law enforcement shall cause such investigation
to be made as they deem necessary, and shall thereafter approve the
issuance of such proposed permit if they find that the proprietor
and the persons to be in immediate charge of the place of amusement
are of good moral character, that the proposed place of amusement
is not of such character as to disturb the public peace and be injurious
to good morals, and that the conducting thereof at the proposed location
will not disturb the peace and quiet of any considerable number of
persons residing in the vicinity thereof; otherwise, the City Manager
shall disapprove the application.
B. If the
City Manager approves the application, the Administrative Services
Director shall issue the permit.
C. No permit
issued pursuant to the provisions of this chapter shall be transferable.
The permit shall be for a limited period of time.
D. The
City Manager shall also cause to be investigated the health facilities
and shall have the assistance of the City Health Department to determine
whether or not there are adequate water and sanitary facilities, and
that there are also adequate facilities for the preparation and disposition
of food and other edibles.
(Prior code §§ 2316, 2317; Ord. 147 §§ 4, 5, 1960; Ord. 2003-998 § 18; Ord. 2012-1133 § 24)
The City Manager may, as a condition to the issuance of any
permit, require the furnishing of a faithful performance bond in an
amount to be determined by him or her. The faithful performance bond
shall guarantee that all ordinances of the City and all laws of the
state will be complied with. The bond shall also indemnify the City
for any expenses that may have been incurred incident to the repair,
removal of debris, and cleaning up after the circus, carnival, etc.,
has left the City.
(Prior code § 2318; Ord. 147 § 6, 1960)
Any person aggrieved by the action of the City Manager in approving
or disapproving the issuance of a permit or in revoking or suspending
or refusing to revoke or suspend any permit may, within five days
after such action, appeal to the City Council by filing a written
notice thereof with the City Clerk; and the City Council shall hold
a hearing in the matter and its decision therein shall be final and
conclusive.
(Prior code § 2319; Ord. 147 § 7, 1960)
Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Chapter
1.12 of this code. Each separate day or portion thereof in which any violation of this chapter occurs or continues shall constitute a separate offense and upon conviction thereof shall be punishable as provided.
(Ord. 147 § 8, 1960; amended during 1991 republication)