.010 General. It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Anaheim 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 special event permit to do so has been issued as hereinafter provided and is in full force and effect. Where permitted in the underlying zone, all temporary carnivals and circuses are subject to the provisions of this section, Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses) the Anaheim Municipal Code.
.015 Carnival Definition. A carnival is any event, promotion or sale sponsored by a business, shopping center or organization but operated by a third party vendor which is held outside the confines of a building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event.
.020 Location Requirements.
.0201 Distance. 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 Anaheim. 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 Chief of Police provided that the amusement activity will not, in the judgment of the Chief of Police, be a nuisance to residents within the three hundred foot radius of such activity.
.0202 Streets. 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.
.030 Maximum Number of Annual Permits. No more than two (2) permits for a carnival or circus shall be issued for any project site during any calendar year; except that up to four (4) permits for a carnival or circus may be issued for commercially zoned properties which are a minimum of twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential uses. Project sites include, but are not necessarily limited to, the following:
.0301 Vacant Site. Any vacant parcel or any group of adjoining vacant parcels.
.0302 Any Business or Commercial Retail Center. For the purposes of this section the term, "Business or Commercial Retail Center" shall mean one (1) or more businesses that are either (i) located on a single parcel of property or (ii) located on a group of parcels which are developed as a single project with shared vehicle access, driveways and/or parking.
.0303 Any single parcel developed with a single land use or group of uses other than a business or commercial retail center.
.0304 Any group of adjoining parcels developed with a group of land uses other than a business or commercial retail center, and which parcels are developed as a single project with shared vehicle access, driveways and/or parking.
.040 Prohibited Carnivals or Circuses. Under no circumstances shall a permit be issued for a carnival or circus on the same project site for which the maximum number of permits for special events, as defined in Section 18.92.220 ("S" Words, Terms and Phrases), has already been issued during the same calendar year. The limitation contained in this section shall not apply to commercially zoned properties which are a minimum of twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential uses.
.050 Duration. No permit for a carnival or circus shall be issued for more than ten (10) consecutive days.
.060 Required Site Plan. Prior to issuance of a permit for a carnival or circus, the applicant shall submit information on a plan, or plans, to the Planning Services Division for review and approval as required on the application, to verify that the carnival or circus use of the site is not likely to have an adverse impact on surrounding land uses. The plan(s) shall accurately and clearly depict the site on which the carnival or circus is proposed. No permit shall be issued for a carnival or circus if the submitted plan(s) are not approved.
.070 Parking. As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the Planning Director shall take into account the availability of off-street parking areas to accommodate the automobiles which can be reasonably be anticipated in connection with the amusement activity. The Planning Director will verify that any use of such parking areas does not reduce the number of parking spaces to less than the number of spaces reasonably required for the existing businesses and uses. No permit shall be issued for a carnival or circus if the site does not have adequate parking.
.080 Operational Standards. The carnival and circus shall continually adhere to the following operational standards for the duration of the event:
.0801 Amplified Sound. 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 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 watts of power in the last stage of amplification.
.0802 Building and Fire Codes. All amusement activities shall comply with the Building and Fire Codes and ordinances of the City of Anaheim. Upon request, permittees shall furnish proof to the City of Anaheim 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 fifty 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 thirty 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, 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.
.0803 Cleaning Area. 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.
.0804 Clean Up Required. In order to insure 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 shall pay a fee in an amount determined by the Planning Director for an inspection of the property at the termination of the activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event.
.0805 Emergency Lighting. 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.
.0806 Fencing and Pedestrian Control. The Chief of Police 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. He may also designate the means of pedestrian ingress and egress for the said amusement activity.
.0807 Health and Sanitation. 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.
.0808 Hours of Operation. No amusement activity regulated by this chapter shall operate between twelve midnight and 8:00 a.m. of the following morning. The Chief of Police may further restrict the hours of operation of any amusement activity if such restriction in his judgment is necessary to protect surrounding residential areas.
.0809 Liability Insurance. As a condition precedent to granting a permit hereunder, the applicant shall furnish to the Planning Services Division a policy of insurance issued by a company licensed to do business in California evidencing comprehensive public liability insurance with a minimum of one million dollars combined single limit per occurrence. The applicant shall furnish the Planning Services Division an endorsement to said policy naming the City of Anaheim, its officers, agents and employees as additional insureds. The 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 Anaheim.
.0810 Lighting. 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.
.0811 Paving. 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 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.
.080 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display.
.090 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied.
.100 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches.
.110 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs.
.120 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present.
.1201 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees).
.1202 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review.
.1203 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision.
.1204 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures).
.130 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. (Ord. 5920 1 (part); June 8, 2004: Ord. 5984 § 2; August 16, 2005: Ord. 6031 § 28; August 22, 2006: Ord. 6115 § 2; October 14, 2008: Ord. 6153 § 1; August 11, 2009: Ord. 6156 §§ 13, 14; September 22, 2009: Ord. 6245 § 59; June 5, 2012: Ord. 6461 § 12; April 16, 2019: Ord. 6506 §§ 36, 37; February 9, 2021: Ord. 6526 § 22; February 15, 2022.)