The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Carnival
means a transient or traveling show temporarily erected for the amusement of those attending, normally consisting of mechanical rides, and normally, but not necessarily, including a combination of two or more of the following attractions: a ferris wheel; a side show; a mechanical merry-go-round; a roller coaster; a game of skill with prizes awarded to winners.
Circus
means a transient or traveling show performed for the amusement of those attending, featuring shows by performers, normally including, but not limited to, clowns, acrobats, jugglers, trapeze artists and trained animals. Any circus in combination with a carnival or containing the attractions as set forth in the definition of a carnival in this section shall be considered a carnival for the purposes of this article and not a circus.
Permanent amusement park
means a permanent place of entertainment containing permanent buildings, permanent and temporary attractions normally associated with carnivals and located within an enclosed area. Such enclosed area may be enclosed by surrounding buildings or a fence, at least 75 percent of which will be a permanent screening fence of masonry or solid redwood or cedar, no less than six feet in height, with the remaining 25 percent of such fence to be of chainlink type, no less than six feet in height.
Residential structure
means a single-family residence, duplex, multifamily residence or mobile home occupied as a residence, whether or not zoned for that purpose.
School/church carnival
means a carnival as defined in this section, but sponsored and conducted by and exclusively controlled by the public, private, or parochial schools or churches of the city, staffed by teachers and students (or their parents), and operated on the grounds of the school or church involved. Said carnival may consist of a transient or traveling show or be totally originating locally. (These carnivals shall be exempt from the provisions set forth in this article.)
Temporary amusement show or religious activity
means a show other than a carnival or a circus, such as a transient or temporary skating rink or temporary religious revival or service, petting zoo, rock concert or other outdoor musical concert performed by a transient or traveling musical group or band; to be held for a limited time with a fixed or anticipated termination date, whether conducted in a tent structure, rented building, storage building, or an open air space.
(Code 1997, § 112.01; Ordinance 04-20, adopted 4/7/2004)
No carnival, circus, religious activity or temporary amusement shall operate within the limits of the city without a permit as granted by the department of planning and development or city commission by the process set forth below.
(1) 
Carnivals, circuses, religious activities or temporary amusements are hereby required to submit the following to the department of planning and development a minimum of 45 days and a maximum of 90 days prior to the event for consideration of a permit:
a. 
A completed application form with all required attachments (see Exhibit A, attached to Ordinance No. 04-20, passed April 7, 2004). The application must provide contact names and phone numbers for the permanent owner and/or principal operator of such carnival, circus, religious activity or temporary amusement; a description of how the minimum standards of sanitation and health will be maintained, how traffic control, security and fire safety will be addressed, if necessary, a list of all shows, acts, rides, games, concession stands (whether or not alcohol will be served), booths, sideshows and other business and attractions to be operated in conjunction with any such event fully describing each so that city staff may determine if such events are noninjurious and nondangerous to the health, education, and morals of the citizens of Harlingen; listing of the hours of operation and duration of events;
b. 
A site plan indicating the location of the property, parking areas and location of sanitary facilities;
c. 
Temporary food permit application for each concession to be provided (see Exhibit B, attached to Ordinance No. 04-20, passed April 7, 2004);
d. 
Initial processing fee as established in the city fee schedule in chapter 18, payable to the city (nonrefundable);
e. 
Insurance rider evidencing adequate liability insurance as indicated below; and
f. 
Copies of applicable licenses from the state authorizing the operator to operate.
(2) 
The city will notify all property owners within 200 feet of the proposed site and advertise in the newspaper within 15 days of the application submission of the dates carnival, circus, religious activity or temporary amusement is proposed after it has been determined that the application complies with the city requirements. The notice will include a copy of the site map depicting the location of the event, number of rides, concessions, booths and sideshows proposed and the duration of the event (days and times) and information including operator name. Such notice will also state that the application will be administratively approved unless written objections are received in the office of the department of planning and development within ten days of the date of the notice.
(3) 
If a written complaint is received, the application will not be administratively approved and will require a public hearing before the city commission to hear such concerns presented. The city commission may, in the best interest of the public welfare, and to ensure compliance with the intent of this article, establish conditions of operation, location, arrangement and may impose standards and other safeguards as deemed necessary for the protection of adjacent property and occupants thereof from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions. Deviation or departure from such imposed conditions shall void the permit for the duration of the issuance period.
(4) 
If city staff denies a permit, the applicant will have the right to appeal to the city commission within five calendar days of written staff decision. The appeal should be in writing in the form of a letter to the city secretary stating the reasons why such staff decision is unjust and request a hearing in front of the city commission. The item will be taken to the next regular city commission meeting for a final decision. If a regular city commission meeting does not fall between the time of denial and the time proposed for such event, the commission will not be required to hear such item at a special meeting.
(Code 1997, § 112.02; Ordinance 04-20, adopted 4/7/2004)
If the permit is granted, the applicant will be required to pay the appropriate fees as required by this article or as amended from time to time in the following amounts:
(1) 
Carnival fees.
a. 
Initial processing fee (mentioned in section 28-24(1)d) as established in the city fee schedule in chapter 18 (nonrefundable), due prior to permit processing.
b. 
Nonrefundable permit fees due upon approval of permit in the amounts established in the city fee schedule in chapter 18:
1. 
Up to five rides;
2. 
Six to ten rides;
3. 
Eleven or more rides.
The fees apply to each ride, concession, show, etc., whether operable or not. The permit and fee is applicable for a period not to exceed two weeks.
c. 
Refundable cleanup deposit as established in the city fee schedule in chapter 18. All cleanup deposits shall be refunded upon written request within 15 days of the end of the event and certification by a city official that the cleanup provisions of this article have been complied with. Such inspection will be completed within ten days of the event conclusion. In the event the city must provide cleanup crews to fulfill the operator's obligations, then 150 percent of the actual costs thereof shall be deducted from the cleanup deposit and any balance may be refunded to the operator. In the event costs exceed the deposit amount, the deposit shall be forfeited and the operator billed for any additional amounts. No future permits will be issued to such operator until all amounts due the city are paid.
(2) 
Circus fees.
a. 
Initial processing fee as established in the city fee schedule in chapter 18 (nonrefundable), due prior to permit processing.
b. 
Permit fee as established in the city fee schedule in chapter 18, for a continuous period of operation not to exceed two weeks (nonrefundable) upon approval of permit.
c. 
Refundable cleanup deposit as established in the city fee schedule in chapter 18. All cleanup deposits shall be refunded upon written request within 15 days of the event end and certification by a city official that the cleanup provisions of this article have been complied with. Such inspection will be completed within ten days of the event conclusion. In the event the city must provide cleanup crews to fulfill the operator's obligations, then 150 percent of the actual costs thereof shall be deducted from the cleanup deposit and any balance may be refunded to the operator. In the event costs exceed the deposit amount, the deposit shall be forfeited and the operator billed for any additional amounts. No future permits will be issued to such operator until all amounts due the city are paid.
(3) 
Temporary amusement/religious revival fees.
a. 
Initial processing fee as established in the city fee schedule in chapter 18 (nonrefundable), due prior to permit processing.
b. 
Permit fee as established in the city fee schedule in chapter 18 (nonrefundable) upon approval of permit.
c. 
Refundable cleanup deposit as established in the city fee schedule in chapter 18. All cleanup deposits shall be refunded upon written request within 15 days of event end and certification by a city official that the cleanup provisions of this article have been complied with. Such inspection will be completed within ten days of the event conclusion. In the event the city must provide cleanup crews to fulfill the operator's obligations, then 150 percent of the actual costs thereof shall be deducted from the cleanup deposit and any balance may be refunded to the operator. In the event costs exceed the deposit amount, the deposit shall be forfeited and the operator billed for any additional amounts. No future permits will be issued to such operator until all amounts due the city are paid.
(Code 1997, § 112.03; Ordinance 04-20, adopted 4/7/2004)
(a) 
Any applicant requesting a permit from the city to conduct a carnival, circus, temporary amusement show or religious revival shall furnish to the planning and development department an original or memo copy of liability insurance policies issued by a casualty insurance company licensed to do business in the State of Texas and approved by the city's risk manager and insuring the applicant for personal injury and property damages incurred from the operation of such event, in the following amounts: commercial general liability (CGL) insurance, minimum coverage of $1,000,000.00 per occurrence and a $2,000,000.00 aggregate for bodily injury and property damage. Coverage must include products liability and completed operations, if applicable, with a $2,000,000.00 aggregate.
(b) 
Tents shall require a certificate of flame resistance. Minimum exit widths are six feet. Exit openings on tents are to remain open or provide curtain contrasting with tent's color. "No Smoking" signs must be conspicuously posted. Aisles must be no less than 48 inches in width. Open flame appliances are prohibited inside a tent structure. Weeds and combustible vegetation must be removed from the premises or within 35 feet of the tent. Hay bales are not permitted inside the tent.
(c) 
An electrical generator system must be marked with "High Voltage - Keep Out" signage and secured by a hurricane/metal fence around it. Frayed high voltage electrical wires shall be kept to a minimum. Two 60 B.C. rated fire extinguishers shall be maintained in a generator area. A minimum of two 20 B.C. rated fire extinguishers shall be maintained in constantly monitored areas.
(d) 
No prizes that simulate knifes, guns or other weapons shall be allowable.
(e) 
The grounds or premises upon which such carnival, circus or temporary amusement show or religious revival shall be established shall provide reasonable and adequate surface drainage for rainfall. It shall meet all of the health, safety and sanitation standards required by the various construction and safety codes of the city. Each event shall obtain and install trash receptacles of a type to be approved by the public works director or his designee and maintained and located in the areas provided for appropriate garbage collection by the city. The operator of such event shall pay a garbage collection fee to be charged by the city, commensurate with the established garbage collection fees of the city to be paid on Friday of each week of operation of the event. Failure to pay such fees will result in the fee being deducted from refundable deposits on hand. Each event shall provide and maintain a cleanup staff and crew sufficient to keep trash and debris picked up and deposited in garbage containers throughout the period of operation of the event.
(f) 
Each such event shall install and operate public restroom facilities in compliance with the various city building and sanitary codes and to be reasonably clean and of a sufficient size and number to reasonably accommodate the anticipated guests and customers of each activity.
(Code 1997, § 112.04; Ordinance 04-20, adopted 4/7/2004)
(a) 
For the purposes of this section, all distances shall be measured from the point of amplification directly as the crow flies to the nearest residential structure in a residential zone.
(b) 
No amplified sound systems or portable generators shall be allowed to operate within 600 feet of a private residential structure, including single-family residences, duplexes, apartments or mobile homes used as a residence and located within a residentially zoned district (R-1, R-2, M-1, M-2 or MH). This distance requirement is reduced to 300 feet when such activity is held entirely within an enclosed building as opposed to open air or within a tent structure.
(c) 
Amplified sound systems between 600 and 1,000 feet from a private residential structure shall be required to silence such sound systems no later than 9:00 p.m.
(d) 
Amplified sound systems more than 1,000 feet from a private residential structure shall be required to silence such sound system no later than one hour before the closing time of the event or 12:00 midnight, whichever is earlier.
(Code 1997, § 112.07; Ordinance 04-20, adopted 4/7/2004)
(a) 
No event shall be open to the public or otherwise operated between the hours of 10:00 p.m. and 9:00 a.m. Sundays through Thursdays or between 12:00 midnight and 9:00 a.m. Fridays and Saturdays. Such times may be extended after a public hearing and action by city commission upon good cause. Nothing contained herein shall be construed to require the city commission to grant such an extension.
(b) 
Two carnivals, circuses, religious activities or other temporary amusements may operate simultaneously unless city staff determine that the presence of two events at one time will overtax the city ability to provide adequate police and fire protection to the citizens without incurring overtime charges for their personnel.
(Code 1997, § 112.08; Ordinance 04-20, adopted 4/7/2004)
No carnival, circus or other temporary amusement shall be permitted to operate within the limits of the city unless sponsored by a charitable, religious, business, or civic organization operating within the limits of the city. However, local businesses exhibiting carnivals for promotional purposes must hold said carnivals on the grounds of or immediately adjacent to the business sponsoring same.
(Code 1997, § 112.09; Ordinance 04-20, adopted 4/7/2004)
Any person giving or permitting to be given a public ball or dance at his residence or place of business, where any charge is made for dancing or any person inviting or permitting persons to congregate at his residence, place of business, house, hall, or on any lot, street or alley, owned, leased or controlled by him within the city limits for the purpose of dancing or engaging in a public ball or dance or any description, where any charge is made, shall first obtain from the chief of police his written consent for the purpose of giving or permitting to be given such dance or ball. Such a permit shall be granted if the public safety will not be endangered thereby.
(Code 1997, § 112.10; Ordinance 04-20, adopted 4/7/2004)
(a) 
No permanent amusement park shall be located closer than 600 feet from any permanent residential structure, including single-family residences, duplexes, multifamily residences, and mobile homes occupied as residences and located within residentially zoned districts (R-1, R-2, M-1, M-2 or MH).
(b) 
No such permanent amusement park shall be open to the public or otherwise operated between the hours of 10:00 p.m. of one day and 9:00 a.m. of the following day, except on Friday and Saturday nights, at which time the closing hour may be extended to 12:00 midnight.
(c) 
Nothing contained in this article pertaining to permanent amusement parks shall be construed as an exemption from compliance by such permanent amusement park with any other subdivision requirements, zoning requirements, housing code, building code, or other ordinances of the city, which shall be complied with prior to the utilization of such permanent amusement park by the general public.
(Code 1997, § 112.11(B)—(D); Ordinance 04-20, adopted 4/7/2004)