(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CARNIVAL. Any traveling group, organization or collection of persons, animals or devices, amusement rides, merchandise booths, animal exhibitions, exhibits of skill or chance under separate enclosures or tents, all constituting part of or parts of a public attraction, and into which an admission fee is charged or which separate attractions, individually, charge an admission fee.
CIRCUS. Any traveling group, organization or collection of persons, animals or amusement devices presenting within an enclosure or tent and any program of human or animal skill or entertainment, for which an admission fee is charged.
SIDE SHOW. Any collection of entertainments or amusements connected with or part of any circus, under a separate tent or enclosure, for which an admission fee is charged, separate and in addition to the circus admission fee.
(B) No person shall give, present or participate in the giving of or presentation of any carnival, circus or side show without first having secured from the City Clerk a license or permit to do so, as provided in this section, and otherwise complying with the provisions of this section.
(C) For any carnival, circus or side show, the license fee shall be $25 per day.
(D) The City Clerk shall provide forms setting forth the fee and acknowledging its receipt. The cost for those forms shall be paid out of the City General Fund.
(E) The City Clerk, upon receipt of notice or information of the appearance of any carnival, circus or side show in the city, shall make demand upon the owner, owners, managers, promoters or sponsors of that circus, carnival or side show to comply with the provisions of this section.
(F) If any person fails to conform to the provisions of this section, that person shall be deemed guilty of an ordinance violation and, upon conviction, may be fined a sum double the amount set forth in this section as license fee, covering the act complained of, to which shall be added the lawful costs of that prosecution. Each day’s failure to secure that license shall constitute a separate offense.
(G) The City Clerk shall attach by legal process the goods and chattels of any convicted violator of this section until all fines, costs and penalties shall have been fully satisfied.
(1985 Code, § 36-8-2-9) (Ord. passed 5-6-1854; Am. Ord. passed 5-15-1906; Am. Ord. passed 11-5-1907; Am. Ord. 11-19-1907; Am. Ord. passed 12-3-1907; Am. Ord. passed 5-5-1908; Am. Ord. passed 3-1-1910; Am. Ord. passed 5-20-1914; Am. Ord. 11-1931, passed 4-17-1931)
Statutory reference:
Regulation of public gatherings, see I.C. 36-8-2-9