Atwater Municipal Code Ch. 5.52 Circus, Carnivals, and Similar Activities

It is unlawful to maintain, operate or conduct a circus, carnival or similar activities within the City limits without first having obtained a written permit therefore as provided in this chapter. Permits shall only be granted to bona fide nonprofit corporations or public agencies.

(Ord. CS 501, 1982)

Applications for a permit to maintain, operate and conduct a circus, carnival or similar activities shall be obtained from the Chief of Police.

(Ord. CS 501, 1982)

An application for a permit to conduct a circus, carnival or similar activities shall be submitted to the Chief of Police at least ten days in advance of the date the permit is requested for and such application shall have at least one applicant named on the application for the permit who shall have reached his or her 21st birthday. Said application shall be accompanied by the following:

A. A certificate of insurance as required by Section 5.52.130.

B. A certificate issued by the Franchise Tax Board or the Internal Revenue Service certifying the tax exempt status of the nonprofit organization applying for the permit.

C. A plot plan of the location of all rides, shows, concessions, equipment and toilets.

D. A plot plan of the ingress, egress and parking.

E. The name, address, social security number, and drivers license number of all persons working in the carnival.

F. A notarized letter from the authorized representative of the organization on approving the filing of such application.

G. A notarized letter from the owner of the property authorizing the use thereof.

H. A nonrefundable $100.00 application fee.

I. Proof that all residents within 300 feet of the proposed carnival site have been given written notice of the proposed location of the carnival.

(Ord. CS 501, 1982; Ord. CS 584, 1984)

Any application filed on behalf of any student, faculty or parent group of any school shall be signed by the principal of that school or his authorized designee.

(Ord. CS 501, 1982)

Upon receiving such application, the Chief of Police shall check with the fire department and/or such other agencies as may be appropriate to determine whether or not the place for which the permit is requested complies with and conforms to the health and fire regulations applicable thereto. If it complies in all respects, the Chief of Police shall grant the requested permit. No permit shall be granted for a date within 60 days of another previously permitted carnival date.

(Ord. CS 501, 1982)

A copy of this chapter shall be furnished to each applicant to whom a permit is granted under this chapter, and the permittee shall sign an acknowledgment on the permit that he has received a copy thereof, and that he will comply with all the terms and conditions thereof.

(Ord. CS 501, 1982)

In the event the Chief of Police refuses to issue any such permit for a circus, carnival or similar activities, the applicant may appeal to the City Council. Such appeal shall be filed in accordance with the provisions of this Code.

(Ord. CS 501, 1982)

All permits granted under this chapter shall be for the time specified in the permit, unless sooner revoked.

(Ord. CS 501, 1982)

The Chief of Police shall have the right to revoke any permit issued under this chapter and to take possession of such permit for the violation of any of the provisions of the permit or any applicable State or local regulation applicable thereto.

The Chief of Police may also revoke a permit on the grounds that events have occurred, the existence of which would justify a refusal to issue a new permit for the same applicant. The action taken by the Chief of Police in revoking or suspending a permit shall be subject to an appeal to the City Council in accordance with the provisions of this Code.

(Ord. CS 501, 1982)

Every person obtaining a permit under the provisions of this chapter shall display it on the premises named in the permit and shall show such permit whenever requested to do so by any peace officer who may make demand to see the permit.

(Ord. CS 501, 1982)

Any member of the Atwater Police Department and other law enforcement agencies shall be permitted free charge to any premises for the purpose of enforcement of all statutes and ordinances.

(Ord. CS 501, 1982)

Every person who has a permit to maintain and operate a circus, carnival or similar activities shall at all times maintain and have present the number of police officers specified on the permit. The number of officers shall be specified by the Chief of Police and shall be based on, but not limited to, the following:

A. Location of the activity.

B. Anticipated attendance.

C. Area size of premises.

The compensation for such officers shall be paid by the person conducting, owning, managing or sponsoring the activity.

The amount necessary to compensate them shall be deposited with the Chief of Police at the time of issuance of the permit. It shall be the duty of the officers to see that the provisions of this chapter and all laws and ordinances are enforced.

(Ord. CS 501, 1982)

Prior to erecting or placing any equipment or booths on the carnival site, the applicant shall present a certificate of insurance in an amount of not less than $1,000,000.00 showing the City as an additional insured.

(Ord. CS 501, 1982)

Prior to erecting or placing any equipment or booths on the carnival site, the applicant shall see that the site is properly equipped with toilet conveniences for each sex. More than two toilets may be required depending on the size of the carnival.

(Ord. CS 501, 1982)

At least ten parking spaces for each carnival ride or attraction shall be provided. Circuses shall provide one space for each four seats. All parking shall be located so that patrons do not have to cross any of the following major streets: Bellevue Road, Winton Way, First Street, Shaffer Road, Atwater Blvd.

Said parking area shall be free of weeds and debris, shall be on a compact, smooth surface, shall be fenced or roped off to control pedestrian and vehicle traffic, shall be marked as to entrance and exit and each space shall be marked with paint, lime, chalk or other suitable material.

(Ord. CS 534, 1983; Ord. CS 584, 1984)

The fees for any such use shall be $300.00 per day which may not be waived by the City Council under any circumstances.

(Ord. CS 534, 1983)