San Rafael Municipal Code Ch. 10.44 Carnivals and Circuses

No person owning, operating or managing any circus or carnival shall be entitled to a license therefor, and it is unlawful for any person, whether as owner, manager, employee or otherwise, to operate or exhibit the circus or carnival unless and until the person shall obtain a permit therefor from the city council.

(Ord. 242).

No permit shall be granted for conducting or maintaining any circus or carnival unless a written application therefor has been filed with the city clerk, and in no case shall the date or time of holding such circus or carnival exhibition be less than thirty (30) days from and after the filing of the application. The application shall contain the name and permanent and forwarding address of the owner or manger thereof or of the applicant.

(Ord. 242).

At the time of making application for a circus or carnival permit there shall be deposited with the city treasurer the sum of five hundred dollars ($500.00) in cash or certified check. The money so deposited shall remain in the treasury as security for leaving the grounds or location where the circus or carnival is conducted in a neat, clean, healthy and sanitary condition, to the satisfaction of the health officer, city building inspector, chief of police and chief of the fire department. The sum or sums shall only be repaid to the person depositing the same upon the issuance of a certificate signed by each of the officers and filed with the city clerk, certifying that the location or place where the circus or carnival has been conducted has been left in a neat, clean, healthy and sanitary condition.

(Ord. 242).

The officers shall make and execute the certificate referred to in Section 10.44.030 within ten (10) days after the removal of the circus or carnival from the location thereof.

(Ord. 242).

In the event that it appears from the certificate that the location has not been left in a neat, clean, healthy and sanitary condition, forthwith upon the filing of the certificate, the city clerk shall give written notice to the owner or management of the circus or carnival requiring him or it to render the location in a neat, clean, healthy and sanitary condition. The notice shall be given by depositing the same in the United States Post Office at San Rafael, California, with postage thereon prepaid and addressed to any one of the persons named in the application as owner, manager or applicant, and may be addressed to either the permanent or forwarding address given in the application or to both.

(Ord. 242).

In the event of the failure of the owner and/or manager of the circus or carnival to so clean up the location within ten days after the date of mailing the notice, the city, through the department of the city engineer shall cause the location to be placed in the neat, clean, healthy and sanitary condition and the engineer shall keep a true and accurate account of the cost thereof and shall file the account in duplicate: one with the city clerk and one with the city treasurer, whereupon the city treasurer and the proper officers of the city shall issue and draw the warrant or warrants of the city in favor of the person or persons performing the work. The balance of the deposit thereafter remaining shall be paid to the person depositing the same.

(Ord. 242).

The city council may at its discretion, waive the deposit required by Section 10.44.030.

(Ord. 922 § 1 (part), 1968).

Any entity claiming an exemption pursuant to Section 10.44.070 shall file a verified statement with the city council stating the facts upon which the waiver of the deposit is claimed.

(Ord. 922 § 1 (part), 1968).