For purpose of this chapter, the words set forth in this section are defined as follows:
"Carnival"
means a traveling or itinerant commercial amusement enterprise consisting of sideshows, vaudeville, games, merry-go-rounds or other mechanical amusement devices temporarily located within the city; however, a "carnival" shall not be construed to include or mean a festival or amusement enterprise set up and conducted by any permanent religious, charitable or nonprofit organization of the city upon real property owned by such organization and conducted within an area of twenty thousand square feet or less.
"Circus"
means a traveling or itinerant commercial amusement enterprise utilizing an enclosure of any kind, but usually circular or rectangular, partially surrounded by seats, used for exhibitions of horsemanship, acrobatic performances, acts of clowns, feats of animal training or the like, temporarily located within the city.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful for any person, firm or corporation, either as principal, agent or employee, to open, carry on or operate in the city limits any circus or carnival without first obtaining from the city a license to do so.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
A. 
Before such license is issued, the applicant shall make a written application upon a form provided by the city clerk. Such application, together with all license fees required hereunder, shall be submitted to the city clerk at least ten days (except as hereinafter provided) prior to the opening date of such circus or carnival and shall contain the following:
1. 
The name under which it shall be operated;
2. 
The name and permanent address of the owner;
3. 
A certificate of adequate public liability and property damage insurance in an amount as set by the city council by resolution;
4. 
A certificate of adequate workmen's compensation insurance;
5. 
The address of the proposed operation, including a legal description of the property on which said proposed operation will be located, together with a drawing showing the geographical limits of all uses, including entrances, exits and public parking spaces which will be made available for customers and viewers;
6. 
A description of restroom facilities available; and
7. 
The dates of operation, including daily opening and closing times.
B. 
If, within the discretion of the city manager, a hardship will be imposed by requiring the applicant to submit the application ten days or more prior to the opening date, such an application may be received and processed hereunder during a shorter period of time; provided, however, a penalty of fifty percent of the first day's license fee shall be charged in addition to all other fees provided in this chapter.
(Ord. 70-5 §1(5) (part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
The city clerk shall refer the application to the city manager who shall be responsible for authorizing or refusing the issuance of a license by the city clerk. The city manager shall first refer the application to the public safety director, police chief, fire warden, health officer, director of planning, director of public works and such other agencies as he or she may deem appropriate. Such agencies shall advise the city manager as to whether or not the business for which the application is submitted complies with and conforms to all applicable laws, ordinances, health and fire regulations.
(Ord. 70-5 §1(5), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
The license provided for in this chapter shall be granted and accepted with the express understanding and agreement that the city manager may revoke the license at any time if he or she determines that it was obtained by false or fraudulent representations, or if he or she determines that said circus or carnival is conducted in an unlawful manner, or that the same is detrimental to the social peace or public morals of the community. Said revocation shall be in letter form and delivered either in person or by certified mail; provided further, that the holder of any license which is revoked may appeal within ten days after notice of revocation, to the city council which shall conduct a hearing on said revocation within thirty days. In this connection, it is the express intention of this chapter that the sole responsibility for the operation of any circus or carnival for which a license is issued here-under, shall be upon the licensee, and regardless of whether or not such operations are carried out by his or her agents, servants, employees or others, with or without his or her knowledge. The city council shall be the judge of the sufficiency of the causes for revocation, and the decision of the council thereon shall be final and conclusive. In the event of a revocation for a violation of this chapter and notification by the city manager, it shall be the duty of the police chief or public safety director, and he or she is authorized and empowered to immediately close such carnival or circus and to eject all participants therein from the premises.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
In the event that the city manager refuses authorization for a license, the applicant may file a written notice of appeal, within ten days after notice of refusal, to the city council, which shall conduct a hearing thereon at its next regular meeting and at which time it may grant or deny the license for which application is made.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
In addition to the fees herein provided, each circus or carnival shall post a cash deposit of two hundred dollars at the time of the application for the purpose of insuring that the premises on which the operations are to be conducted are left in a clean and sanitary condition upon conclusion thereof. Such deposit shall be returned to the person depositing the same after the health officer has duly inspected the vacated site and certified to the city clerk as to its cleanliness. If, in the opinion of the health officer, the premises are not in a clean and sanitary condition, he or she shall take such steps as he or she deems necessary to clean said premises, including the employment of persons and equipment for such purposes. The cost of such cleaning shall be paid out of the moneys deposited at the time of the application. Any surplus of funds deposited shall be returned to the person depositing the same.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful to conduct a circus or carnival in any area other than one which has been zoned as M (Industrial District), C-2 (Commercial) or A-1 (Agricultural) in accordance with Title 17 of this code.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)