For the purposes of this chapter, the following words shall
have the meanings ascribed to them unless otherwise noted:
means the city manager or a designee.
means a circus, menagerie, wild animal show, trained animal
show, rodeo, Ferris wheel, merry-go-round, traveling show, fair, museum,
exhibition, carnival, haunted house, or similar, temporary site or
venue for purposes of entertainment, leisure, or education that is
open to the public either for a cost or for free.
means 45 days or fewer, but does not exclude similar places
of amusement for which explicit, written permission has been granted
by the city manager for a longer term.
(Ord. 5972 § 5, 9-14-2021)
No person shall establish, set up, maintain, exhibit, conduct
or carry on in the city any temporary place of amusement, unless a
permit to do so has first been issued as provided in this chapter
and is in full force and effect.
(Ord. 5972 § 5, 9-14-2021)
A temporary place of amusement permit shall be established,
set up, maintained, exhibited, conducted, or carried on only during
the dates for which the permit was issued. All setup and teardown
must be accomplished within the dates for which the permit was issued.
No temporary place of amusement permit shall be issued for a period
of greater than 45 days without explicit, written permission from
the city manager.
(Ord. 5972 § 5, 9-14-2021)
A.
Any person desiring a permit required by Section 5.84.020 shall make application therefor to the city manager's office. The application shall be verified and shall set forth:
1.
The
name, address and valid telephone number of the applicant;
2.
If
the applicant is a corporation, the names, telephone numbers and addresses
of the corporate officers;
3.
The
name, address and telephone number of the proprietor and the person
to be in immediate charge of the temporary place of amusement;
4.
The
location at which it is proposed to conduct the temporary place of
amusement;
5.
The
dates during which it is proposed to conduct the temporary place of
amusement, as well as dates required for setup and teardown; and
6.
A
description of the temporary place of amusement proposed to be conducted
and the method of operation.
B.
The
application shall be reviewed by the city manager prior to approval
or disapproval.
(Ord. 5972 § 5, 9-14-2021)
The city manager shall cause such investigation to be made as the city manager deems necessary and shall thereafter approve and issue the proposed permit required by Section 5.84.020, if the city manager finds that the proposed temporary place of amusement is not of such a character to disturb the public peace or be injurious to public health, and that the conducting thereof in 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.
(Ord. 5972 § 5, 9-14-2021)
Any permit issued under the terms of this chapter may be suspended or revoked by the city manager when it shall appear to the city manager that the business or occupation, or the doing or performance of the act for which the permit was granted, is conducted, maintained, done or performed contrary to the application described in this chapter, or in violation of any law of the state or ordinance of the city, or is conducted, maintained, performed or done so as to constitute a nuisance or disturb the peace of persons in the vicinity or in any manner deleterious to the public peace, health or welfare; provided, however, that no such permit shall be revoked or suspended by virtue of this section until a hearing shall have been held by the city manager. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified, or by depositing it in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing in the application. In addition to the power to suspend a permit after hearing, a permit issued for a limited period of time may be suspended, without notice, but in the event of such a suspension the hearing must be held within five days after the order of suspension unless continued or postponed at the request of the permittee. In the event an application is denied or a permit is revoked under this chapter, the holder thereof may not reapply for a permit required by Section 5.84.020 for a period of six months.
(Ord. 5972 § 5, 9-14-2021)
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 appeal to the council within the time and in the manner provided in Chapter 2.88 of this code.
(Ord. 5972 § 5, 9-14-2021)
