Chapter 6.26

CIRCUSES AND CARNIVALS*

Sections:

• 6.26.010 Permit and license required - Conditions.

• 6.26.020 Application for permit - Fees.

• 6.26.030 License fees.

• 6.26.040 Restricted areas.

• 6.26.050 Approvals required.

• 6.26.060 Sanitation agreement - Bond.

• 6.26.070 Insurance requirements. 6.26.080 Police investigation.

• A. No circus or carnival shall be held within the city unless and until a permit therefor shall have been issued by the chief of police or his designated representative, and until the applicant has obtained any necessary administrative or conditional use permits required by the director of planning in compliance with Title 20 of this Code. The granting of the permit by the police department shall be subject to a background investigation by the police department, and approvals by the city health officer, the chief of the fire department, the head of the department or other person in charge of property or facilities owned by the city if the circus or carnival is to be held on property or facilities owned by the city, by the city risk manager, and the obtaining of any necessary administrative or conditional use permit re-

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

quired by the director of planning. The applicant shall apply for said necessary permits at least thirty days prior to the opening date of said circus or carnival.

• B. The chief of police, or his designated representative, is hereby authorized to deny a permit to any circus or carnival where, pursuant to a background investigation, it is determined that the granting of such permit would be detrimental to the public health and general welfare of the people of the city.

(Prior code § 6214.3; Ords. 20863, 22421, 22576, 22620.)

• A. Any person or organization desiring to sponsor a circus or carnival as defined in Sections 6.04.030 and 6.04.040 of the San José Municipal Code shall make written application to the chief of police, or his designated representative, for a permit, and said application shall be accompanied by a certified check or cash in the minimum amount as provided in this chapter; provided, that no license fee shall be charged for any circus, carnival or similar exhibition conducted for charitable and/or nonprofit purposes and held on property or facilities owned by the city.

• B. Any person or organization desiring to sponsor a circus or carnival as defined in Sections 6.04.030 and 6.04.040 of the San José Municipal Code shall also apply for any necessary permits required by the director of planning in compliance with Title 20 of this Code.

• (Prior code § 6214.2; Ords. 20863, 22421.)

License fees for circuses and carnivals shall be as set forth in the schedule of fees established by resolution of council.

(Prior code § 6214.1; Ords. 20863, 21285.)

• A. No permit for the holding of a circus or carnival shall be issued covering any location ex-

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§ 6.26.070

cept within the C-1, C-2, and C-3 commercial districts as provided in Title 20 of this Code, and then only with the issuance of a permit as provided in said Title 20.

• B. Notwithstanding the provisions of subsection A. above, a permit may be granted for the conducting of a circus or carnival at a public school or private elementary or secondary school, provided that the principal of said school confirms in writing to the chief of police or his designated representative that the conducting of said circus or carnival has been approved in accordance with the school district's administrative policies and procedures and that the funds generated from the conducting of a circus or carnival at said school will be used for normal school activities. In addition:

  1. No permit shall be granted for the conducting of a circus or carnival at a school for a period exceeding five consecutive days or for a period exceeding two consecutive weekends which are each three days in length.

  2. No permit shall be granted for the conducting of a carnival at a school if said carnival consists of an amusement ride or rides, such as ferris wheels, scenic railways, merry-go-rounds, swings, or other similar rides, unless said school is located on a "major street" as that term is defined by Section 19.08.270 of this Code.

(Prior code § 6214.4; Ords. 20863, 22421, 22576, 22620.)

Applications for the holding of a circus or carnival shall be referred to the chief of police, the city health officer, the chief of the fire department, the director of planning, the head of the department or other person in charge of property or facilities owned by the city if the applicant proposes to hold said circus or carnival on property or facilities owned by the city, and the city risk manager. The chief of police, or his designated representative, shall not grant any such application until ap-

provals of such applications have been received from said other officials, and unless any necessary permit required under Title 20 of this Code has been obtained, except that said application may be provisionally approved pending inspection by the fire department of the site, facilities and/or premises to be utilized by said circus or carnival prior to the scheduled date of the first performance if all other necessary permits and approvals have been obtained.

(Prior code § 6214.5; Ords. 20863, 22421.)

• A. Applicants for a circus or carnival permit under the provisions of this chapter shall execute an agreement to the effect that the applicant will comply with the standards of sanitation to be prescribed by the health officer and designed to protect the health of the inhabitants of the neighborhood in which the circus or carnival is to be held, and its patrons. Each applicant for a circus or carnival license shall deposit with the license collector a cash bond in an amount as set forth in the schedule of fees established by resolution of council conditioned upon the compliance by applicant with his agreement to comply with the sanitary standards fixed by the health officer, and with the applicable provisions of this Code and with the laws of the state of California applicable to circuses and carnivals.

• B. The health officer, upon the filing of an application for a circus or carnival permit, shall ascertain the provisions for sanitation and the sanitary equipment of the applicant, and shall notify the applicant of any changes or additional requirements needed to accomplish compliance with the applicable sanitary standards, health provisions of this Code and health laws, and shall report his findings in writing to the chief of police or his designated representative.

(Prior code § 6214.6; Ords. 20863, 21285, 24203.)

• A. The city risk manager, upon the filing of an application for a circus or carnival permit,

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§ 6.26.070

shall ascertain what policies and/or coverages are reasonably necessary to protect the city and the public, and shall inform the applicant of said insurance requirements in writing. Within twenty days after the city risk manager has made a written determination notifying the applicant of said insurance requirements, the applicant shall provide, in the form and manner specified by the city risk manager, evidence that said insurance requirements have been complied with.

B. Evidence of all policies and/or coverages required by the city risk manager shall be on file and said policies and/or coverages shall be effective at the time the circus or carnival permit is issued. All policies and/or coverages shall be valid during the entire term of any permit issued under this chapter. If at any time the entire insurance requirements or any portion thereof expire without immediate proof of renewal or are canceled without proof of reinstatement prior to the effective date of cancellation, the permit shall be immediately suspended; and the chief of police or his designated representative is hereby authorized to enforce such suspension after receiving written notice from the city risk manager that no proof of renewal or reinstatement has been submitted by the permittee.

C. All policies and coverages required by this section are subject to approval by the city risk manager as to content and form, and no permit shall be issued until such approval is issued in writing to the chief of police or his designated representative, by the city risk manager. If at any time in the judgment of the city risk manager said policies and/or coverages are not sufficient for any cause or reason, the city risk manager may require the permittee to replace said policies and/or coverages within five days with other policies and/or coverages acceptable in accordance with this section. If said permittee fails to replace said policies within said five-day period with good and sufficient policies, as aforesaid, then, at the termi-

nation of said period, the permittee's permit shall be, by such failure, automatically suspended until such time as said requirement is complied with, and the chief of police or his designated representative is hereby authorized to halt the activities of the permittee and enforce such suspension after receiving written notice from the city risk manager that said policies and/or coverages have not been replaced with good and sufficient policies and/or coverages.

ilure, automatically suspended until such time as said requirement is complied with, and the chief of police or his designated representative is hereby authorized to halt the activities of the permittee and enforce such suspension after receiving written notice from the city risk manager that said policies and/or coverages have not been replaced with good and sufficient policies and/or coverages.

• D. Prior to the issuance of a permit, the applicant or permittee shall submit to the city risk manager a signed agreement to indemnify, hold harmless and defend the City of San José against any claim, cause of action, liability, loss, damage, cost or expense for bodily injury or property damage or liability for workers' compensation of any person, including city, howsoever arising, which occurs by reason of such activities of the permittee, his agents, employees, contractors or invitees, except as arises from city's sole willful act or sole negligence; such liability shall be without apportionment for comparative fault.

• E. The council may, upon recommendation of the city risk manager, provide by resolution for such additional or different insurance requirements as it deems necessary and in the public interest.

• (Ord. 20863.)

• A. The chief of police or his designated representative shall make an investigation of the background and character of the applicant for a permit to conduct a circus or carnival in order to determine whether the conducting of a circus or carnival by said applicant is consistent with the public health, safety and welfare. In making such determination, the chief of police or his designated representative may consider:

  1. Any criminal convictions of the applicant, its owner, officers, agents, or em-

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ployees, involving theft, embezzlement, assault and/or battery, or moral turpitude;

2. The commission of any acts by the applicant, its owners, officers, agents, or employees, involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another;

3. The license and permit history of the applicant, its owners, officers, agents and employees, whether such person, in previously operating in this or another state under a license or permit has had such license or permit revoked or suspended, the reasons therefor, and the actions of such person thereafter;

4. That the applicant has knowingly made false statements in his application.

• B. If, pursuant to said investigation by the chief of police or his designated representative, the application is denied, the applicant may appeal said denial to the code enforcement appeals commission within ten days after receipt of written notice of said denial. If written notice of appeal is not filed within said time, the decision of the chief of police shall be final.

(Prior code § 6214.8; Ord. 20863.)

purpose of cleaning or dyeing the same, shall have the following identification painted on the exterior of each vehicle used in connection therewith:

1. The name of the owner, or the tradename under which he or it does business painted on each side of the vehicle;

2. The address or telephone number of the principal place of business of the owner.

• B. All mandatory lettering and wording as herein provided shall be at least two inches in height.

• C. The word "painted" as used in this section means the application of coloring matter in oil solution, not in water solution.

(Prior code § 6708.)