Pinole Municipal Code Ch. 5.36 Carnivals, Circuses and Fairs

* For statutory provisions authorizing cities to license and tax shows, exhibitions and games, see Gov. Code § 37101.

As used in this chapter, the words “amusement activity” or “activity” mean and include one or more carnivals, circuses, fairs, tent shows, exhibits, games of skill, ride devices, when conducted on a temporary outdoor site for a limited period of time not to exceed five days. Nothing contained in this chapter shall be construed to authorize the conduct of any gambling or any game or device as prohibited by laws of California or the city of Pinole. (Ord. 304 § 1, 1972).

It is unlawful for any person, firm or corporation to operate or conduct an amusement activity without first obtaining a permit as provided in this chapter. (Ord. 304 § 2, 1972).

A person, firm or corporation desiring a permit as required in this chapter shall make application therefor to the chief of police. Such application must be made at least fifteen days prior to the commencement of the amusement activity. The application shall be verified and shall set forth the following:

A. The name and address of the applicant;

B. If the applicant is a corporation, the name 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 kept open each day;

G. Such other information as may be required by the chief of police. (Ord. 304 § 3, 1972).

The chief of police may cause such investigation to be made as he or she deems necessary and shall thereafter approve the issuance of such proposed permit if he or she finds that the application for the permit is complete and contains no false or misleading information, that the proprietor and the person to be in immediate charge of the place of amusement have not been convicted of crimes involving moral turpitude, physical violence, illegal use, sale or possession of drugs or narcotics, that the proposed place of amusement is so located as to not 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 chief of police may disapprove the application. Upon approval by the chief of police of an application, he or she shall issue the permit. No permit issued pursuant to the provisions of this section shall be transferable. (Ord. 304 § 4, 1972).

Upon application, the Council may for good cause grant a waiver or exemption from the provisions of this chapter and in so doing may impose conditions or restrictions consistent with the general intent of this chapter that carnivals will be so operated as to not constitute a nuisance to the residents of the city. (Ord. 304 § 5, 1972).

The frequency of issuing a permit for a carnival, circus, fair or tent show shall be limited to not more than two per calendar year at any single location; provided further, that there shall be an interval of not less than ninety days between the termination and commencement of any such carnival, circus, fair or tent show. (Ord. 304 § 6, 1972).

No amusement activity governed by this chapter shall be located in any zone where such activity is not permitted by the zoning regulations of the city of Pinole. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment or other facilities connected therewith, shall be located in such a place that will create a nuisance to any occupied residence. 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 Council as provided in this chapter. (Ord. 304 § 7, 1980).

No amusement activity regulated by this chapter shall operate, set up or be taken down between eleven p.m., and eight a.m., of the following morning, Monday through Friday, and between twelve midnight and eight a.m., of the following morning on Saturday and Sunday. The chief of police may further restrict the hours of operation of any amusement activity if such restriction in his or her judgment is necessary to prevent a public nuisance in surrounding residential areas. (Ord. 304 § 8, 1980).

No amusement activity, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley. (Ord. 304 § 9, 1972).

All lights and illumination of an amusement activity regulated by this chapter including facilities, equipment and rides, shall be arranged to direct the light and glare away from any adjacent residences. (Ord. 304 § 10, 1972).

It is unlawful to operate any amusement activity at nighttime when there is inadequate lighting in the amusement activity area. 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 city building official to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required. (Ord. 304 § 11, 1972).

All sound-amplifying equipment used in conjunction with any amusement activity regulated thereby shall be such that it will not be a nuisance to residents of the city of Pinole. (Ord. 304 § 12, 1972).

In the event the amusement activity is not conducted on a paved or lawned area, the chief of police may require applicant to treat the area with some type of temporary ground cover, such as oil, wood chips, gravel or similar material that will inhibit and control dust. In making his or her determination under this chapter, the chief of police shall take into account such things as the amusement activity involved and the area being used, its proximity to other areas, and the length of time for which the permit is issued. (Ord. 304 § 13, 1972).

When determining site suitability, the chief of police shall consider the availability of off-street parking to accommodate the intended amusement activity. If the chief of police determines that the available off-street parking is inadequate, he or she may disapprove the application in whole or in part. In making this determination, the chief of police shall consider the size of the amusement activity, the hours of operation, the type of uses in the vicinity and the availability of on-street parking. (Ord. 304 § 14, 1972).

The chief of police shall, in the interest of public health and safety, require adequate fencing of all or a portion of the amusement activity site in order to control litter, and pedestrian movement to and from the site. He or she may also designate the means of pedestrian ingress and egress for the amusement activity. (Ord. 304 § 15, 1972).

The granting of a carnival permit shall be subject to the applicant providing adequately trained security personnel for the protection of the public and for general crowd and pedestrian control. Such security personnel shall be subject to-prior approval by the chief of police and for this purpose, the chief of police shall have available lists of persons who are adequately trained in security work such as reserve police officers, reserve deputy sheriffs or off-duty peace officers. Employment of security personnel by a carnival operator as provided in this section is not intended to authorize such security personnel to act as an agent of or on behalf of the city of Pinole. (Ord. 304 § 16, 1972).

The amusement activity and each portion thereof shall conform to the health and sanitation requirements established by the city health officer, and by applicable state and city laws, including the furnishing of adequate restroom facilities for the public. (Ord. 304 § 17, 1972).

All amusement activities shall comply with the fire codes and any applicable ordinances of the city of Pinole. Upon request, permittees shall furnish proof to the city of Pinole 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. (Ord. 304 § 18, 1972).

To insure that the amusement activity areas 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, the chief of police may require every applicant for a permit to deposit with the city a cash bond in the sum of five hundred dollars. The return of the 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. Any cleanup expense advanced by the city shall be deducted from the bond. (Ord. 304 § 19, 1972).

As a condition precedent to granting an application under this chapter, the applicant shall furnish the chief of police with a certificate of insurance, evidencing public liability insurance in the amount of two hundred fifty thousand dollars for death or injury to one person and five hundred thousand dollars for death or injury to more than one person, and property damage in the amount of one hundred thousand dollars for each occurrence. The insurance certificate shall indicate that the insurance shall be effective during the period that the amusement activity is being conducted in the city of Pinole. (Ord. 304 § 20, 1972).

Any permit issued pursuant to this chapter may be suspended or revoked by the chief of police for violation of any provision contained in this chapter 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 Pinole. (Ord. 304 § 21, 1972).

Any person, firm or corporation aggrieved by the action of the chief of police 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 appeal in writing to the Council of the city of Pinole. The appeal shall be filed with the City Clerk along with a fee of twenty-five dollars. The clerk shall place the matter on the agenda of the next regular meeting of the City Council at which time the matter shall be set for hearing within twenty days and the Council shall provide for reasonable notice to all interested parties. Such hearing may be continued from time to time provided that the Council shall render its decision within sixty days after the close of hearing. (Ord. 304 § 22, 1972).

Notwithstanding the provisions contained in this chapter, the applicant shall, unless exempt therefrom, procure a city business license pursuant to the business license ordinance of the city of Pinole. (Ord. 304 § 23, 1972).

Any person, firm or corporation who shall do any act prohibited by this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five-hundred dollars, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 304 § 24, 1972).