Fontana Municipal Code Div. 1 Generally

For purposes of this article, the term "carnivals and circuses" shall include such activities as fairs, wild animal shows, rodeos, animal rides, traveling shows or other similar or related amusement activities.

(Code 1968, § 4-45)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) The owner of a carnival or his appointed manager shall keep records which shall be open to inspection during the hours the carnival is open for business. These records shall be available at the site of the carnival operation. The records shall be updated daily. The records shall be shown to any peace officer or official of the city who requests to see them in performance of his duties. The records shall contain:

(1) The name and address of the owner and operator of each ride and concession.

(2) The name and address of each employee, and at which ride or concession he is employed, and the verification of the owner or his appointed representative that the employee has obtained a permit as required by this section.

(3) The wages paid to and hours worked by each employee.

(4) The gross receipts of each ride and concession, and the percentage that is paid to the carnival.

(5) The amount of stock or merchandise dispensed to the players of each game concession.

(6) The recording by the owner or his appointed representative of his personal inspection, at least once every four hours the carnival is open to the public, of each ride, for safety, and of each concession, for determination that it complies with this article and Penal Code § 334.

(7) The name, address, age and extent of injuries, if known, if any person or employee is injured at the carnival.

All employees having been issued a permit under this article shall be required to have in their possession during operating hours an identification card containing such information deemed necessary by the chief of police for proper identification and verification of the issuance of the permit.

(b) All rules pertaining to playing of any game and the price to participate must be posted conspicuously at the location of each game. The fee to participate shall be collected by the operator and the proper change, if any is due, returned to the player prior to the start of the game.

(c) The use or employing of a shill or any person posing as a patron is prohibited.

(d) Games utilizing foul lines wherein any person involved in the operation of the game is the sole determiner as to whether or not a player has fouled are prohibited. Foul lines shall be explained to the patron before the game starts.

(e) Only items of merchandise that can be won by the player may be displayed in conjunction with any game. All prize merchandise must be clearly and conspicuously marked as to the requirements for winning the prize. The offering of money as a prize or as an incentive to play is prohibited.

(f) All game concessions shall be open to inspection by a peace officer during the hours the carnival is open to the public.

(g) Only games of skill shall be permitted. For the purpose of this article, a game of skill shall be defined as a game in which the average person, with a reasonable amount of practice, can be expected to improve his performance, and be able to complete the required task at least once out of every 50 attempts. The fact that a select few, by virtue of long practice and experience, can win at a game, is not sufficient to designate the game as one of skill.

(Code 1968, § 4-51)

No amusement activity regulated by this article shall operate between the hours of 11:00 p.m. and 8:00 a.m. the following morning. The chief of police may further restrict the hours of operation of any amusement activity if such restriction in his judgment is necessary to protect the surrounding residential areas.

(Code 1968, § 4-52)

No activity regulated by this article, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley, except that a parade operating under special authority from the city, in accordance with all terms and conditions of any permit granted for the parade, may operate on public streets and alleys according to the terms of such permit.

(Code 1968, § 4-53)

All lights and illumination of any amusement activity regulated by this article, including facilities, equipment and rides, shall be arranged so as to reflect the light and glare away from the adjacent residential properties.

(Code 1968, § 4-54)

The area around and between tents, facilities and equipment of any amusement activity regulated by this article shall be well lighted at all times during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the building department to provide adequate lighting for orderly evacuation in the event of disaster or emergency shall be provided by the permittee when required by the chief of police. The operation of any amusement activity at any time such requirements are not being fully met is prohibited.

(Code 1968, § 4-55)

All sound amplifying equipment used in conjunction with any amusement activity regulated by this article shall comply with the following regulations:

(1) The only sounds permitted are music and human speech.

(2) The human speech and music amplified shall not be offensive as defined in Penal Code § 415; lewd or obscene as defined in Penal Code § 311; or slanderous as defined in Civil Code § 46.

(3) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 200 feet from its source, and so that the volume is not unreasonably loud, raucous, jarring or disturbing or a nuisance to persons within the area of audibility.

(4) No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification.

(Code 1968, § 4-56; Ord. No. 1086, § 21, 8-17-93)

All areas or parcels of land used for any amusement activity regulated by this article, including offstreet parking areas, shall be either paved with permanent paving material such as Portland cement concrete or asphaltic concrete, grassed, or treated with some type of temporary ground cover such as oil, wood chips or gravel, in order to inhibit dust. In order to ensure that adjoining areas are adequately protected from such dust, the building and safety department may prescribe the type of ground cover to be used, taking into account such things as the type of amusement activity, the type of area being used, the area's proximity to other areas, and the length of time for which the permit is issued.

(Code 1968, § 4-57)

As part of the determination as to whether the proposed location of an amusement activity regulated by this article is suitable or not, the chief of police shall take into account the availability of offstreet parking areas to accommodate the automobiles which can reasonably be anticipated in connection with the amusement activity for which an application has been made. If the chief of police determines that the amount of offstreet parking area available adjacent to and in the immediate vicinity of the proposed location of the amusement activity is inadequate, he may disapprove the application in whole or in part. In making this determination, the chief of police shall take into account such things as the size of the amusement activity, the hours of operation, the type of uses in the vicinity and the availability of onstreet parking.

(Code 1968, § 4-58)

The chief of police shall make a determination, based on factors related to the particular amusement activity, as to whether police officers are necessary to provide security and protect public safety at an amusement activity regulated by this article. Should such a determination require police at the site, the chief of police shall further determine the number of police officers necessary to ensure security and the public safety. The permittee is responsible to the city for any compensation due to police fulfilling this requirement.

(Code 1968, § 4-59)

(a) All amusement activities regulated by this article shall comply with the building, zoning and fire codes and ordinances governing the city. Upon request, the permittee shall furnish proof to the city that all equipment, rides, tents and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable state, county and city laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and their personnel.

(b) If any tent is used as a place of public assembly, the following rules shall apply:

(1) No flammable or explosive liquid or gas shall be stored or used in or within 50 feet of such tent.

(2) Smoking shall not be permitted within any such tent, and "no smoking" signs shall be prominently displayed throughout such tent and at each entrance thereof.

(3) Such tent, bunting, flammable decorations and sawdust therein or thereabout shall be entirely treated with a fire retardant solution.

(4) All weeds and flammable vegetation in or within 30 feet of such tent shall be removed and prevented from regrowing.

(5) The grounds both inside and outside of tents shall be kept free and clear of combustible waste, which shall either be stored in closed metal containers or removed from the premises without accumulation. No open fire shall be permitted on the premises, unless allowed pursuant to a permit from the fire department.

(6) Any condition that presents a fire hazard or which will contribute to the rapid spread of fire, or which would delay or interfere with the rapid exit of persons from such tent, or would interfere with or delay the extinguishment of a fire, shall be immediately abated, eliminated or corrected as ordered by the fire department.

(c) Carnival and circus vendors shall be permitted to operate pushcarts in relation to carnival and circus activities, in accordance with the limitations and requirements of this article. Food and merchandise vendors at carnival and circus activities shall, at all times while in operation, comply with the requirements of section 15-307 of this article. Pushcart vending shall take place only within designated circus or carnival areas where amusement activities are occurring. No pushcart vending shall be conducted in a parking lot, along a street or sidewalk, or in an area that obstructs the use of or flow on any street or sidewalk.

(Code 1968, § 4-60; Ord. No. 1332, § 3, 9-19-00)

Adequate restroom facilities for both sexes shall be provided on the premises of an amusement or entertainment activity regulated by this article. Such facilities may be of a temporary nature.

(Code 1968, § 4-63)

All applicants for permits under this article shall state on their application that they will indemnify the city for any claim resulting from the operation of the amusement or entertainment, and each application shall be accompanied by a certificate of insurance showing the city as the named insured, covering any damage or liability to the city which may be caused by the operation of the amusement or entertainment, with bodily injury limits of $300,000.00 for each occurrence and $100,000.00 for each person and property damage limits of $50,000.00 for each occurrence and $100,000.00 aggregate.

(Code 1968, § 4-64)

Any person granted a permit to conduct or carry on an amusement activity regulated by this article shall be responsible for keeping the area or parcel of land used for the amusement activity, including offstreet parking areas, free and clear of all rubbish, waste material and debris during the time such amusement activity is carried on or conducted.

(Code 1968, § 4-61)

(a) Bond required. Any person desiring to operate a carnival, circus, rodeo, tent show or any other type of show or exhibit that is not housed in a permanent building, or as deemed necessary, shall post with the collector a cash bond or certified check, referred to in this section as cleanup bond, in an amount determined to be the actual cost of cleanup, but in no case less than $1,000.00, as a prerequisite to being granted a business license.

(b) Refund. The full amount of the bond shall be refunded to the holder of the business license within 30 hours of the last day of the licensed business operation, provided that the place of business and surrounding street and properties are determined by the public works official to have been restored to their preactivity condition, provided further that no expenses have been incurred in removing litter or debris generated by the activities of the business or its patrons during the term of operation.

(c) Deductions for expenses; forfeiture.

(1) Notice. The public works official shall give notice to any person operating a business requiring a cleanup bond who fails to maintain his premises in such manner as to prevent litter generated by the business or its patrons from being carried or deposited by the elements upon any street, sidewalk, public place or private property. Such notice shall specify that such operator shall clean the litter generated by the activities of the business or its patrons from the premises, streets, sidewalks, private and public property or shall cause the city to remove the litter.

(2) Cleanup by city. If the public works official determines that the holders of any business license requiring a cleanup bond have failed to remove all of the litter generated by the business or its patrons from the premises, streets, private or public property within 12 hours after the last day of the licensed period of operation, the city shall remove the litter discarded upon the premises, streets, and private and public property.

(3) Statement of expenses. An itemized statement of expenses incurred by the city in removing the litter shall be kept by the public works official, and these expenses shall be deducted from the cleanup bond, with the balance refunded to the holder of the business license within one week of the last day of the licensed period of operation. The operator shall be furnished with a copy of the statement of expenses incurred by the city to remove the litter.

(d) Appeals. The itemized statement of expenses, as documented by the public works official, shall be final with respect to the liability of the business license holder. If the business license holder is in any way dissatisfied with the determination of the expenses incurred by the city for litter removal, then within 15 days of the last day of business operation, the business license holder may appeal to the city council for a hearing. Such appeal shall be in writing and upon a form provided by the city clerk. Upon the hearing, the city council may affirm, reject, or modify the statement of expenses.

(Code 1968, § 13-12; Ord. No. 1037, § 3(13-12), 11-19-91)