[HISTORY: Adopted by the City Council of
the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 96 of the 1984
Code. Amendments noted where applicable.]
This chapter shall be known and cited as the
"Carnival Ordinance of the City of Roseville" and will be referred
to herein as "this chapter."
As used in this chapter, unless the context
otherwise indicates, the following terms and words are defined as
follows:
Refers to circuses as well and shall mean a traveling enterprise
consisting of such amusements as rides, games of skill, sideshows
and devices or other temporary structures and exhibitions, in any
number or combination, designed to serve a special purpose or perform
a special function.
The form furnished by the Michigan Department of Labor to
be filled out and used by the owner/operator as a checklist for the
daily inspection of each ride.
Any amusement whereby a patron is given the opportunity to
obtain a prize, reward or some object of value upon the performance
of some physical act in a specified manner.
A person who owns or controls or who has the duty to control
the operation of a carnival. This includes individuals, licensees,
managers, lessees, sponsors, partnerships, corporations, societies
and organizations.
A device which carries or conveys passengers along, around
or over a fixed or restricted route or course for the purpose of giving
its passengers amusement, pleasure, thrills or excitement.
A subsidiary exhibition accompanying a carnival in which
patrons are entertained or amused by viewing anomalies of nature or
physical objects from a perspective which tends to make the object
viewed or the viewer appear other than what it is, acts or demonstrations
requiring peculiar expertise or training, performances by persons
and/or animals displaying acrobatic or gymnastic skills or any other
form of entertainment which a reasonably informed individual of common
experience would refer to as a "sideshow."
Any individual, partnership, corporation, association, religious
or fraternal organization or society or any other entity which undertakes
to promote a carnival and provide the premises for the location, use
and occupancy of any carnival within the municipal limits of the City
of Roseville.
Nothing in this chapter shall in any way be
construed to authorize, license or permit any games, contest or endeavor
played for luck or chance and involving little or no skill, in which
participants may obtain a prize, reward or some object of value.[1]
A carnival not expressly permitted by this chapter
is prohibited.
[Amended 5-26-2015 by Ord. No. 1284]
Any sponsor of a carnival shall obtain the approval
of the Roseville City Council to promote a carnival to be held within
the municipal limits of the City of Roseville. Some or all of the
provisions of this chapter may be waived by Roseville City Council
in the event the City of Roseville is a sponsor and/or operator of
a carnival. In the event the City of Roseville is a sponsor, the provisions
related to an operator may be required by the Roseville City Council.
The sponsor of any carnival shall submit in
writing to the Roseville City Manager a notice of intent to promote
a carnival not less than 60 days before the proposed opening date
of the carnival. The notice of intent shall include the proposed dates,
the location and the name of the owner/operator of said carnival.
The Roseville City Manager, upon receipt of
the notice of intent, shall forthwith:
A.
Cause the Roseville Police Department to prepare a
report for the Roseville City Council recommending the approval or
disapproval of the sponsor's proposed dates, location and owner/operator
of the carnival.
B.
Place the sponsor's notice of intent with the Police
Department's report on the agenda for the regularly scheduled meeting
of the Roseville City Council for action by the Council.
The Roseville City Council shall approve or
disapprove the sponsor's dates, location and the owner/operator of
said carnival, together with such conditions as may be required; provided,
however, that upon the approval of the sponsor's dates, location and
owner/operator of the carnival, the said owner/ operator shall not
conduct or operate said carnival without first obtaining a license
to operate as hereinafter provided for in this chapter.
The owner/operator of a sponsor's approved carnival
shall obtain a license to operate from the City of Roseville Police
Department, not less than 30 days prior to the opening date of said
carnival. Applications for such license to operate shall be made to
the Roseville Police Department for that purpose, and said applications
must be approved by the Roseville Police Department before any license
to operate will be issued.
The application for such license to operate
shall contain the following information:
A.
The location, opening and closing dates and hours
of operation of the carnival.
B.
A list of all employees showing their particular job
or jobs and what the job entails.
C.
Proof of adequate insurance, in force, in accordance
with Act 225, Public Acts of 1966 [MSA § 18.484(1) et seq;
MCL § 408.651 et seq.].
[Amended 7-27-1999 by Ord. No. 1125]
D.
A list of persons in authority who can be reached
at any time they are needed and where they can be reached, including
the name, location and telephone number of the home office of the
owner/operator, the unit manager's name, address and telephone number
and the telephone number at the carnival site.
E.
A drawing of the physical layout of the carnival,
showing entrances, exits, quarters for animals, adequate parking areas
clearly marked and the location of public sanitary facilities.
F.
A list of all rides and their state inspection numbers,
games of skill, sideshows and devices or other temporary structures
designed to serve a special purpose or perform a special function,
including any and all booths and concessions dispensing food and/or
beverages.
A.
The application for a license to operate shall be
made out in triplicate, one copy being referred to the Police Department,
the second copy being referred to the Fire Department and the third
copy being referred to the Department of Buildings and Inspection.
B.
The Police Department shall investigate the location,
use and occupancy of said proposed carnival and the moral character
of the applicant and shall ascertain that the carnival will not disturb
the public peace and tranquillity and will not create undue traffic
hazard or congestion and shall either approve or disapprove the application,
stating the reasons for the denial of any application.
C.
The Fire Department shall inspect the location, ascertain
if the carnival is free from fire hazards and either approve or disapprove
the application, stating the reasons for the denial of any application.
D.
The Department of Buildings and Inspection shall inspect:
(1)
All wiring and ascertain that all electrical work
was constructed under the supervision of a journeyman electrician
licensed by the State of Michigan or reciprocal area.
(2)
All temporary structures and/or booths or concessions
dispensing food and/or beverages.
(3)
The maintenance and quarters of animals.
E.
The Roseville Police Department shall not issue the
license to operate until written approval is obtained from these departments
and all permit fees, inspection fees and bonds are paid or deposited
as required in this chapter.
A.
No license to operate shall be issued to any owner/operator
unless he or she shall be over 18 years of age.
B.
No license to operate shall be issued to any owner/operator
or sponsor who intends to sell intoxicating liquor, beer or wine.
C.
No license to operate shall be issued to any owner/applicant
unless the owner/applicant supplies a minimum of two uniformed security
guards and as many more uniformed security guards as may be deemed
necessary by the Roseville Chief of Police or his or her representative
based on the location, number of rides, sideshows, number of people
attending and traffic and surface conditions for the proposed carnival.
The uniformed security guards shall be licensed under the provisions
of the Michigan Public Acts of 1968, No. 330 [MSA § 18.185(1)
et seq; MCL § 338.1051 et seq.].
[Amended 7-27-1999 by Ord. No. 1125]
D.
No license to operate shall be issued to any applicant
who has violated or is associated with any carnival which has violated
any of the provisions of this chapter.
E.
No license to operate shall be issued to any owner/operator
who operates a carnival which fails to satisfy all requirements of
Act 225, Public Acts of 1966, and the administrative and operational
procedures promulgated by the State of Michigan for implementation
of said Act 225 [MSA § 18.484(1) et seq; MCL § 408.651
et seq.].
[Amended 7-27-1999 by Ord. No. 1125]
G.
Licenses to operate may be granted to any one owner/operator
for a period not to exceed eleven days consecutively and may be renewable
for not more than seven days.
H.
No carnivals shall be operated except between the
hours of 10:00 a.m. to 10:00 p.m. daily.
J.
No ride, tent, booth or concession shall be placed
or located within five feet from any sidewalk or traffic right-of-way.
K.
No carnival shall be permitted to operate unless it
provides and maintains a minimum of two male and two female sanitary
toilet facilities.
L.
No more than one carnival will be licensed to operate
within the City of Roseville at any one time.
M.
No owner/operator of a carnival shall be permitted
to operate unless it provides an affidavit stating that all rides
will be examined daily and the name of the examiner and his or her
qualifications and stating that the daily inspection logs will be
available for review at any time by the City Building Official, the
Roseville Chief of Police or their representatives.
[Amended 7-27-1999 by Ord. No. 1125]
Before any license shall be granted, there shall
be deposited by the applicant for such license with the Roseville
Police Department a cash or surety bond in the amount of $5,000, conditioned
that no damage will be done to the streets, sewers, trees or adjoining
property and that no dirt, litter or other debris will be permitted
to remain upon the streets or upon any private property by such owner/operator.
The requirements of this bond may be waived upon approval of the City
Council.
The license fee for any carnival, food stand and/or sideshow shall be as required in Chapter 133, Fees, of the Code of the City of Roseville. Any license may be issued without fee for any charitable, religious, educational, fraternal or public organization not conducted for private profit, upon the approval of City Council.
[Amended 7-27-1999 by Ord. No. 1125]
Before any license shall be issued covering carnivals regulated by this chapter, an inspection fee shall be paid according to Chapter 133, Fees.
Application by any sponsor and/or owner/operator
for any variance of any provisions or requirements of this chapter
shall be made to the Roseville City Council in the form of a written
application delivered to the City Clerk for permission to operate
any carnival as set forth in said application. The applicant shall
present a statement and adequate evidence showing that:
A.
There are exceptional or extraordinary circumstances
or conditions applying to the proposed use referred to in the application,
which circumstances or conditions do not apply generally to any proposed
carnival use.
B.
The granting of such application will not, under circumstances
of the particular case, materially affect adversely the health, safety
or welfare of the persons residing or working in the neighborhood
or attending any carnival and will not, under the circumstances of
the particular case, be materially detrimental to the public welfare
or injurious to the immediate neighborhood or the City at large.
In all cases where the Roseville City Council
shall grant a variance of any provisions or requirements of this chapter,
the Roseville City Council shall find that the granting of the variance
under such conditions as the Roseville City Council may deem necessary
or desirable to apply thereto will be in harmony with the general
purpose and intent of this chapter and that it will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
The Roseville Chief of Police or his or her
representative may revoke any license already issued upon proof submitted
of the violation by any sponsor or owner/operator of any ordinance
of the City of Roseville regulating, controlling or in any way relating
to the use or operation of a carnival, as defined in this chapter,
which evidences a flagrant disregard for the safety or welfare of
either the patrons, employees or persons residing or doing business
nearby.
The Roseville Chief of Police or his or her
representative shall close down the operation of any carnival upon
the revocation of the owner/operator's license to operate the carnival.
