509.08 OPEN-AIR ASSEMBLAGES AND CARNIVALS.

   (a)   Definitions. For the purposes of this section, the following words and phrases shall have the following meanings ascribed them respectively:

      (1)   "Open-air assemblage or out-of-doors meeting" means any gathering of one hundred or more persons outside a permanent building for a period in excess of ten hours duration within a twenty-four hour period and includes tent meetings and gatherings.

      (2)   "Carnival" means any premises open to the public containing rides for amusement and may also include an open-air assemblage or out-of-doors meeting as defined in subsection (a)(1) hereof.

      (3)   "Person" means any individual, partnership, corporation, association, or other organized or united group and includes the personal responsibility of every officer or director of a corporation.

   (b)   Permit Required. No person shall conduct, sponsor or permit on premises under his or its control an open-air assemblage or out-of-doors meeting lasting longer than ten hours in any twenty-four hour period at which more than one hundred persons are in attendance or at which more than one hundred persons can reasonably be expected to attend without first having obtained a permit from the City Manager; nor shall any person conduct, sponsor or permit on premises under his or its control a carnival without first having obtained a permit from the City Manager.

   (c)   Application for Permit. Upon application to the City Manager and upon payment of a permit fee of one hundred dollars ($100.00) for such permit, the City Manager shall issue such permit if he finds that:

      (1)   The purpose of the assemblage or meeting is lawful.

      (2)   The applicant presents a written statement from the Butler County Board of Health that the sanitary, living and food handling facilities available for the assemblage or meeting are adequate.

      (3)   The sponsor filed a bond in the amount of fifty thousand dollars ($50,000) for the payment of damages that may be incurred by residents of the City, to their property or persons by those attending the assemblage or meeting.

      (4)   The sponsor files a bond in the amount of five thousand dollars ($5,000) for the reimbursement to the City of expenses incurred by the City in protecting the lives and property of residents from damage as a result of the holding of the assemblage or meeting.

      (5)   The bonds required by subsections (c) and (d) herein shall be filed in the office of the City Manager not less than fourteen days before the scheduled assemblage or meeting date. The failure to file such bonds at least fourteen days before the scheduled assemblage or meeting date shall be grounds for the refusal by the City Manager to issue a permit for the holding of the assemblage or meeting.

      (6)   The applicant has paid the permit fee.

      (7)   Carnivals shall also provide proof of liability insurance of the owner and sponsor in a minimum amount of one million dollars ($1,000,000).

      (8)   Churches and/or charitable organizations having their home base or recognized charter branch in the City limits are exempt from the permit fee and bond requirements but are not exempt from the liability insurance requirements if the permit is for a carnival.

   (d)   Public Notice Without Permit Prohibited. No person shall cause public notice to be given of the holding of a carnival, open-air assemblage or out-of-doors meeting as defined in subsection (a) herein without first having obtained a permit to hold such carnival, open-air assemblage or out-of-doors meeting as set forth in subsection (b) herein.

   (e)   Penalty. Whoever violates this section is guilty of a misdemeanor of the first degree. (Ord. 145-81. Passed 6-8-81.)