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The following amendments, deletions, or additions are made to the Standard Amusement Device Code adopted by § 115.010 of this chapter:
(A) Section 105.1 is amended to read as follows:
Prior to the installation or operation of any amusement ride or device, the owner of an amusement park and the sponsor of a carnival other than an amusement park shall make application to and obtain from the building official a permit therefor and shall pay to the City Treasurer a fee of $3,000 for an amusement park and $250 for a carnival other than an amusement park. The permit for an amusement park shall expire at the end of 12 months from the date of issuance, but a permit for a carnival other than an amusement park shall expire at the end of one month from the date of issuance.
(B) Section 107 is hereby deleted.
(C) Section 108.1 is hereby amended to read as follows:
Sec. 108.1 - Appointment.
There is hereby established a Board to be called the Board of Adjustment and appeals, which shall consist of the mayor and other members of the City Council. When sitting as the Board of Adjustment and appeals, the members of the City Council shall be governed by the procedures contained in the Standard Amusement Device Code adopted by § 115.010 of this chapter.
(D) Section 108.2 is hereby amended to read as follows:
Sec. 108.2 - Chairman and Secretary.
The Mayor of the city shall be the Chairman of the Board of Adjustment and appeals and shall preside as such at its meetings and vote with the Board. In the absence of the Mayor, the Mayor Pro Temp shall preside and, if both are absent, the members who are present shall select one of their number to preside as Chairman Pro Temp. The City Secretary of the city shall be ex officio secretary of the Board of Adjustment and appeals. If the City Secretary is unable to act as such at any meeting, the Chairman or Chairman Pro Temp shall appoint another employee of the city to perform such duties in the absence of the City Secretary.
(E) Section 108.4 is hereby amended to read as follows:
Sec. 108.4 - Records.
The Secretary shall make a detailed record of all of the proceedings of the Board of Adjustment and appeals, which shall set forth the reasons for its decisions, the vote of each member participating therein, the absence of any member and the failure of any member to vote.
(F) Section 202 - Definitions is hereby amended to add thereto the following definitions:
DISTRICT means the Brazosport Independent School District.
PERMANENT RESIDENT means an individual who has maintained the principal residence of such individual within the district for at least six months ending on the date a determination of such status is required in the application of this code.
PRINCIPAL RESIDENCE means the place at which an individual sleeps a majority of the nights during any calendar quarter.
SPONSOR means the lessor, landowner, or other person, firm, or corporation, or unincorporated association responsible for any carnival (other than an amusement park) being within the city.
(G) Section 313.3 is added and shall read as follows:
Sec. 313.3 - Sponsor Required; Exception.
(a) The owner of every carnival shall, at least ten days prior to moving any amusement ride or device into the city, file with the building official a written designation of a sponsor for such carnival. If the sponsor is an individual, such individual must be a permanent resident of the district. If the sponsor is an unincorporated association, it must have a membership of at least 20 persons, two-thirds of whom are permanent residents of the district. If the sponsor is a firm or corporation, it must have main- tained a place of business in the district for at least six consecutive months ending on the date such desig- nation is filed.
(b) It is an exception to division (a) hereof if the carnival in question is an amusement park.
(H) Section 313.4 is added and shall read as follows:
Sec. 313.4 - Proof of Compliance with State Law.
The sponsor of every carnival and the owner of every amusement park shall, prior to offering any amusement ride or device to the public with the city, file with the Building Official a certificate issued by the State Board of Insurance verifying current compliance with all of the provisions of the Amusement Ride Safety Inspection and Insurance Act, codified as article 21.60 of the Texas Insurance Code.
(I) Sec. 313.5 - Carnivals held on Public Property.
No carnival may be held on any public property without the prior consent of the City Council.
(Ord. 1745, passed 3-15-93)