711.01 Definitions.
711.02 Permission, permit, bond and insurance required.
711.03 Permit fee; exemption; administrative fee.
711.04 Application required.
711.05 Decision on application.
711.06 Issuance of permit.
711.07 Term of permit.
711.08 Permitted operations under permit.
711.09 Prohibitions under permit.
711.10 Revocation of permit.
711.11 Advertising restrictions.
711.12 Relationship to other codes.
711.99 Penalty.
CROSS REFERENCES
Power to license and regulate exhibitions and shows - see Ohio R.C. 715.48, 715.63
State regulation of shows - see Ohio R. C. 3765.01 et seq.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Carnival" means and includes amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities and sideshows. A carnival shall not include gambling devices, games of chance, lotteries, punch boards or other activities in violation of State or Federal law or City ordinances.
(b) “Circus” means an organized event for the general public typically conducted in one or more very large tents or in an outdoor or indoor arena, featuring a number of acts including exhibitions of pageantry, feats of skill and daring, performing animals and clowns and performing on a regular basis throughout, at a minimum, a region of the United States.
(c) "Exhibition” or “Show" means any circus, menagerie, carnival, sideshow, and other similar transient enterprises which are operated for hire, or operated for the purpose of promoting or advertising any trade or business.
(d) "Exhibitor" means any person exhibiting any animals to the public, or promoting or advertising any trade or business to the public, and such term includes trade shows, business shows, circuses, menageries, carnivals, sideshows, and other similar transient enterprises exhibiting such animals, whether operated for profit or not; but such term excludes retail pet stores, organizations sponsoring and all persons participating in a county fair, livestock shows, rodeos, dog and cat shows, and any other fairs or activities intended to advance agricultural arts and sciences.
(e) “Menagarie” means a collection of live animals for study or display or the place where said collection of live animals are housed for exhibition.
(f) “Sideshow” means any incidental or subordinate component or part of an exhibition or show.
(Ord. 8-07. Passed 2-19-07.)
(a) No person, firm or corporation, except a permitee under this chapter, shall operate or manage any exhibition or show within the City.
(b) Every person, firm or corporation desiring to conduct an exhibition or show shall secure permission and a permit from the City Manager.
(c) The applicant shall furnish to the City Manager a certified copy of a certificate of general liability and property damage insurance in the amounts as follows:
(1) Public liability insurance in an amount of not less than five hundred thousand dollars ($500,000) for injuries, including accidental death, to any one person; subject to the same limit for each person, in an amount not less than one million dollars ($1,000,000) on account of each accident;
(2) Property damage insurance in the amount of not less than five hundred thousand dollars ($500,000) on account of any one accident which insurance shall protect the general public, and shall save, indemnify and keep harmless, within such limits, the City against all liability, judgments, damages, costs and expenses which may in any way accrue against the City in consequence of the granting of such permit and will in all things strictly comply with the conditions of such permit.
(Ord. 24-12. Passed 5-7-12.)
As a conditional requirement to the licensing of any exhibition or show to operate in the City the applicant for said permit shall pay to the City a permit fee in the sum of five hundred dollars ($500.00) per day or part day the exhibition or show is conducted; however, if any exhibition or show is deemed to be an educational exhibit or a non-profit organization or community based organization as determined by the City Manager, then the foregoing permit fee shall be waived and in lieu thereof the applicant shall pay to the City a one time administrative fee of twenty-five dollars ($25.00) to help defray some of the time and expense in processing the application and issuing the permit.
(Ord. 24-12. Passed 5-7-12.)
(Ord. 24-12. Passed 5-7-12.)
(a) Any person desiring to conduct or operate any exhibition or show within the City limits shall make written application for a permit to the City Manager and file the same with the Clerk of Council not less than three (3) months prior to the time when it is desired to conduct or operate same.
(b) The application shall give the name and permanent address of the owner, and if owned by a company or corporation, or association, the application shall show said fact and shall also show the name of the manager or other officer in charge of said exhibition or show. In any event, the application shall show the person in active charge and control of operating or conducting the exhibition or show.
(c) The application shall provide the names and permanent addresses of all exhibit employees, including contract employees.
(d) The application shall further give a list by name and description of all proposed premise activities, events, rides, booths, tents and other temporary structures, improvements and uses operated in connection with the exhibition or show.
(e) The application shall list all days and times of operation for all proposed premise activities, events, rides, booths, tents and other temporary structures, improvements and uses operated in connection with the exhibition or show.
(f) The application shall list by genus or species the number and proposed location of all animals used in connection with all proposed premise activities, events, rides and uses operated in connection with the exhibition or show.
(g) The exhibitor shall also attest in writing that said premises will be kept in clean and orderly condition during the operating thereof and after the conclusion thereof shall be restored to the same condition it was in prior to the operation thereof, reasonable wear and tear excepted, and any trash or debris originating therefrom shall be removed from any surrounding property by the exhibitor at the exhibitor's expense.
(Ord. 8-07. Passed 2-19-07.)
(a) Within twenty-one (21) days after receipt of a complete application to conduct or operate an exhibition or show, the City Manager shall, in writing, approve, approve with conditions, defer, or deny said application.
(b) The City Manager shall only defer the application if, in his opinion, the application is incomplete or otherwise requires additional information.
(c) Upon notification of a deferred application by the City Manager the exhibitor shall have fourteen (14) days to respond in writing to the incomplete application or additional information requested by the City Manager.
(d) The exhibitor shall have seven (7) days to appeal to Council, in writing, any application approved with conditions or denied by the City Manager.
(e) Within twenty-one (21) days of the exhibitor’s appeal of an application approved with conditions or denied by the City Manager, City Council shall hold a public hearing to decide on the application. Council shall approve, approve with original conditions as determined by the City Manager, approve with modified conditions, or deny the application.
(Ord. 8-07. Passed 2-19-07.)
Upon approval of an application for a permit and payment of the fee prescribed by Section 711.03, the City Manager shall issue an exhibit permit to the applicant.
(Ord. 8-07. Passed 2-19-07.)
The permit granted to the exhibition or show shall cover and permit only premise activities, events, rides, booths, tents and other temporary structures, improvements and uses operated in connection with the approved exhibition or show. Any person obtaining a permit to conduct or operate an exhibition or show within the City limits shall have the right to operate only those premise activities, events, rides, booths, tents and other temporary structures, improvements and uses operated in connection with the exhibition or show which are under the direct charge and supervision of the owner or operator of the exhibition or show, and it shall be unlawful for any person to conduct or operate in connection with the exhibition or show any other premise activities, events, rides, booths, tents and other temporary structures, improvements and uses.
(Ord. 8-07. Passed 2-19-07.)
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