4.16 — CARNIVALS, FAIRS AND PARADES

It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Oakley any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, ferris wheel, merry-go-round, traveling show, or other similar or related type of public amusement place, unless a permit to do so has been issued as hereinafter provided and is in full force and effect.

Any person, firm or corporation desiring a permit required by this article shall file an application with the Finance Director. The application for a permit required by this section shall be filed with the Finance Director at least 30 days prior to the commencement of the amusement activity. The Finance Director shall prescribe the forms and procedures for applications for a license. The forms shall indicate the fee for the application, the fee for the permit, and the insurance and bond requirements of this article. 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 name and address 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 kept open each day.

• g. Such other information as may be required by the City.

All applications for licenses under the provisions of this article shall be accompanied by an application fee. No application fee paid under this article shall be refunded. All permits granted under this article shall also require a fee. All permits issued under the provisions of this article shall be valid only so long as the fee has been paid prior to the commencement of the amusement activity. Any license that has been terminated pursuant to this article shall require the filing of a new application for a permit under this article. No permit fee paid under this article shall be refunded. Such fees shall be established by resolution of the City Council.

The Finance Director shall refer the application for the permit required by this article to the Police Chief, City Engineer and Chief Building Official for investigation and report as necessary. Upon receipt of such reports, the Finance Director shall thereafter approve such permit if he/she finds that the proprietor and the person to be in immediate charge of the place of amusement

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City of Oakley, CA

OAKLEY CODE

§ 4.16.108

§ 4.16.120

are qualified to engage in and supervise such activity, that the proposed activity at the proposed location is not of such a character as to disturb the public peace, health, safety or general welfare, and that the conducting thereof in the proposed location will not violate any provision of this Code; otherwise, the Finance Director shall deny the application. In approving any permit, the Finance Director may attach such conditions of approval as may be necessary to assure compliance with the provisions of this article. The Finance Director shall act upon such application within 30 days of the submission thereof and shall notify the applicant of his/her decision by depositing notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than 10 days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 4.16.140.

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 Oakley. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than 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 provided that the amusement activity will not be a nuisance to residents within the 300-foot radius of such activity.

No amusement activity regulated by this article shall operate between 12:00 a.m. and 8:00 a.m. of the following morning. The City may further restrict the hours of operation of any amusement activity if such restriction is necessary to protect surrounding residential areas.

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.

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.

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 building 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 Building Department. The operation of any amusement activity at any time such requirements are not being fully met is prohibited.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.16.120

§ 4.16.130

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 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 15 watts of power in the last stage of amplification.

All areas or parcels of land used for any amusement activity regulated hereby, including offstreet 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 Building Department may prescribe 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.

As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the City 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 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/she may disapprove the application in whole or in part. In making this determination, the City 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.

The City may, in the interest of public safety, require fencing of all or a portion of the amusement activity site in order to control pedestrian movement to and from the said site. City may also designate the means of pedestrian ingress and egress for the said amusement activity.

The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the county health officer, and by applicable State, county and City laws.

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City of Oakley, CA § 4.16.130

OAKLEY CODE

§ 4.16.136

All amusement activities shall comply with the building and fire codes and ordinances of the City of Oakley. Upon request, permitees shall furnish proof to the City of Oakley 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 public assemblage, the following rules shall apply:

• a. No flammable or explosive liquid or gas shall be stored or used in, or within 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 thereabout shall be entirely treated with a fire-retardant solution.

• d. All weeds and flammable vegetation in or within 30 feet of such tent shall be removed and prevented from re-growing.

• 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, 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 extinguishment of a fire, shall be immediately abated, eliminated, or corrected as ordered by the Fire Department.

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.

In order to ensure that all areas used for amusement activities are kept free and clear of all rubbish, waste matter and debris and properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall file with the City Attorney a cash bond or other security approved as to form by the City Attorney in the sum of $1,000. Said bond shall be conditioned upon the permittee completely cleaning up and clearing the amusement area, including any off-street parking area, of any rubbish, waste matter and debris.

As a condition precedent to granting a permit hereunder, the applicant shall furnish to the Finance Director a policy of insurance issued by a company licensed to do business in California evidencing comprehensive public liability insurance with a minimum of $1,000,000 combined

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.16.136

§ 4.16.140

single limit per occurrence. The applicant shall furnish the Finance Director an endorsement to said policy naming the City of Oakley, its officers, agents and employees as additional insured. Said endorsement shall be signed by an authorized representative of the insurance company and shall indicate that the insurance shall be effective during the period the amusement activity is being conducted in the City of Oakley.

Any permit issued pursuant to this chapter may be suspended or revoked by the issuing authority for violation of any provision herein or for breach of condition contained in the permit or for violation of any law of the State of California or of the City of Oakley, or in the event such activity is conducted in such a manner as to constitute a public nuisance. Notwithstanding anything to the contrary herein, the licensing authority, may suspend the permit as to any games or activities operating illegally until the operator(s) of such game(s) or activities complies with all laws. Such suspension shall be in addition to any criminal penalties provided by this Code.

Any person aggrieved by the determination of the City officials to deny the issuance of or to revoke or suspend a permit may appeal such decision to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within 10 days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the decision to deny or revoke final. The City Manager shall set a time and place for a hearing on the appeal within 10 days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager shall be final and conclusive.

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City of Oakley, CA § 4.16.202

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.16.208