Modesto Municipal Code Art. 3 Carnivals and Circuses

A violation of any provision of this article shall be punishable as an infraction as set forth in Section 1-2.01 of this Code, except where provisions of this article specifically make such violation a misdemeanor.

(Added by Ord. 1690-C.S., § 2, effective 1-7-78)

It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Modesto any amusement activity, including but not limited to carnivals, circuses, fairs, menageries, wild animal shows, rodeos, Ferris wheels, merry-go-rounds, traveling shows, vehicular racing on a closed course, or any other similar or related type of amusement activity, unless a permit to do so has been issued as hereinafter provided and is in full force and effect.

(Ord. 727-C.S., amended by Ord. 926-C.S., effective 12-18-68)

Any person, firm or corporation desiring a permit required by this article shall make application therefor to the Director of Finance. The application shall be verified and shall set forth:

(a) The name and address of the applicant.

(b) If the applicant is a corporation, the names and addresses of the corporate officers.

(c) The name and address of the proprietor and the person to be in immediate charge of the place of amusement.

(d) The location at which it is proposed to conduct the place of amusement.

(e) A description of the amusement devices proposed to be conducted, the placement of these devices and the method of operation.

(f) The inclusive dates during which the place of amusement is proposed to be conducted and the hours during which the place of amusement is proposed to be kept open each day.

(g) Such other information as may be required by the City Manager. The Director of Finance shall transmit the application to the City Manager for approval or disapproval.

(Added by Ord. 727-C.S., effective 7-28-65)

The application shall be accompanied by an Application Fee in the sum of twenty-five dollars ($25.00). This fee is in addition to any business license fee which is now or may hereafter be required to be paid. One-half of the Application Fee shall be retained by the City if the permit applied for is denied.

(Added by Ord. 727-C.S., effective 7-28-65)

(a) The Application Fee established by this article shall be reduced to Ten and no/100ths ($10.00) Dollars by the City Manager, upon written request being filed with the Director of Finance prior to the filing of the application for a permit if it is proved to the City Manager's satisfaction:

(1) That there will be no more than five (5) rides, booths, shows or concessions, in any combination.

(2) That no admission fee to the grounds will be charged.

(3) That no fee will be charged, directly or indirectly, by the permittee or any other person, firm, or corporation, for participating in any individual ride, game or other amusement activity, or for witnessing any such activity, if such activity is within the scope of the permit sought.

(4) That no purchase or thing of any kind is required to be paid for or obligated for in any way by any person as a condition of securing admission or participating in or witnessing any such amusement activity.

(b) The Application Fee established by Section 4-1.303 of this article shall be waived by the City Manager upon written request being filed with the Director of Finance prior to the filing of the application for a permit if it is proved to the City Manager's satisfaction:

(1) That the activity for which an application for a permit is being made is conducted, managed and carried on wholly by a nonprofit institution or organization for the benefit of charitable, religious or benevolent purposes.

(2) That such nonprofit institution or organization will derive, both directly and indirectly, any and all profits to be derived from such activity.

(c) No person, firm or corporation engaged in the business of conducting any amusement activity or of leasing equipment for such amusement activity shall be relieved of the Application Fee required by Section 4-1.303 of this article solely by reason of the sponsorship of such amusement activity in the City of Modesto by an institution or organization which might itself be entitled to a waiver of such fee.

(Added by Ord. 727-C.S, effective 7-28-65)

The City Manager shall cause such investigation to be made as he deems necessary and shall thereafter approve the issuance of such proposed permit if he finds that the proprietor and the person to be in immediate charge of the place of amusement are of good moral character, that the proposed place of amusement is not of such a character as to disturb the public peace or be injurious to good morals, 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. Upon approval by the City Manager of an application, the Director of Finance shall issue the permit. No permit issued pursuant to the provisions of this article shall be transferable.

(Added by Ord. 727-C.S., effective 7-28-65)

No amusement activity governed hereby shall be located in any zone where such activity is specifically prohibited by the zoning regulations of the City of Modesto. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than three hundred (300) feet to any occupied dwelling. Carnivals, fairs and other amusement activities operated by schools, churches and other local nonprofit, educational, or charitable organizations, may be exempted from this requirement by the City Manager, provided that the permittee is entitled to exemption from an Application Fee pursuant to subsections (a) and (b) of Section 4-1.304 hereof, and further provided that such amusement activity will not, in the judgment of the City Manager, be a nuisance to residents within the three hundred (300) foot radius of such activity.

(Added by Ord. 727-C.S, effective 7-28-65)

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

(Added by Ord. 727-C.S., effective 7-28-65)

No amusement activity, 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 specific authority from the City, in accordance with all terms and conditions of any permit granted for the same, may operate on public streets and alleys according to the terms of such permit.

(Added by Ord. 727-C.S., effective 7-28-65)

All lights and illumination of an amusement activity regulated hereby, including facilities, equipment and rides, shall be arranged so as to reflect the light and glare away from any adjacent residential properties. Any searchlights used to advertise any amusement activity regulated hereby shall comply with the requirements and regulations of Article 12 of Chapter 7 of Title 4 of this Code.

(Added by Ord. 727-C.S., effective 7-28-65)

The area around and between tents, facilities and equipment of any amusement activity 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 Development Services Division of the Community Development Department and Fire Prevention Division of the Fire Department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required by the City Manager. The operation of any amusement activity at any time such requirements are not being fully met is prohibited.

(Added by Ord. 727-C.S., amended by Ord. 3128-C.S., § 1, effective 5-27-99)

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

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

(b) The human speech and music amplified shall not be profane, lewd, indecent or slanderous.

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

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

(e) Any sound truck used to advertise any amusement activity regulated hereby shall comply with the requirements and regulations of Article 13 of Chapter 7 of Title 4 of this Code.

(Added by Ord. 727-C.S., effective 7-28-65)

All areas or parcels of land used for any amusement activity regulated hereby, including off-street parking areas, shall be either paved with a permanent paving material, such as portland cement concrete or asphaltic concrete, or be treated with some type of temporary ground cover, such as oil, wood chips or gravel, in order to inhibit dust. In order to insure that adjoining areas are adequately protected from such dust, the City Manager 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, its proximity to other areas, and the length of time for which the permit is issued.

(Added by Ord. 727-C.S., effective 7-28-65)

As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the City Manager shall take into account the availability of off-street 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 City Manager determines that the amount of off-street 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 City Manager 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 on-street parking.

(Added by Ord. 727-C.S, effective 7-28-65)

The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the City Health Officer, and by the applicable State and City Laws.

(Added by Ord. 727-C.S., effective 7-28-65)

All amusement activities shall comply with the Building and Fire Codes and ordinances of the City of Modesto. Upon request, permittees shall furnish proof to the City of Modesto that all equipment, rides, tents and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable State and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel. In the event any tent shall be used as a place of public assemblage, the following rules shall apply:

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

(b) 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.

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

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

(e) 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.

(f) Any condition that presents a fire hazard or would contribute to the rapid spread of fire, or 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.

(Added by Ord. 727-C.S., effective 7-28-65)

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

(Added by Ord. 727-C.S., effective 7-28-65)

In order to ensure that all areas used for amusement activities are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit, except those noted below, shall file with the Director of Finance a cash bond or other security approved as to form by the City Attorney in the sum of one hundred dollars ($100.00). Said bond shall be conditioned upon the permittee's completely cleaning up and cleaning the amusement area, including any off-street parking area, of any rubbish, waste matter and debris.

Exceptions: Applicants for permits who are entitled to a reduction of or an exemption from the application fee, pursuant to subsections (a) and (b) of Section 4-1.304 hereof, shall not be required to furnish the bond required by this section.

(Added by Ord. 727-C.S., effective 7-28-65)

Any permit issued under the terms of this article 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 hereinbefore described, or in violation of any law of the State of California or ordinance of the City of Modesto, 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.

(Added by Ord. 727-C.S., effective 7-28-65)

Any person, firm or corporation aggrieved by the action of the City Manager in approving or denying an application for a reduction or exemption from the application fee, in approving or disapproving the issuance of a permit, or in revoking or suspending or refusing to revoke or suspend any permit, may, within five (5) days after such action, appeal to the Council of the City of Modesto by filing a written notice thereof with the City Clerk. The Council shall then review the determination or decision of the City Manager in the matter appealed from and may approve, disapprove or modify such determination or decision. The action of the Council herein shall be final and conclusive.

(Added by Ord. 727-C.S., effective 7-28-65)