§ 113.02 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CARNIVAL. A traveling enterprise consisting of any combination of amusement rides, games, sideshows, or exhibits.

   CIRCUS. An arena often covered by a tent and used for variety shows, usually including tests of physical skill and daring, wild animal acts, and performances by jugglers, clowns, and the like.

   MENAGERIE. Display of animals for exhibition.

(Prior Code, § 3-9-2) (Ord. 461, passed 6-25-2007)

§ 113.03 LICENSE REQUIRED.

   No individual or firm shall operate a carnival, circus, or menagerie in the city without having first obtained a license as provided by this subchapter.

(Prior Code, § 3-9-3) Penalty, see § 10.99

§ 113.04 LICENSE APPLICATION.

   Every person or firm desiring a license shall fill out a form as prescribed by the City Clerk and receive approval for the application by the City Council. An application shall be made at least ten days in advance of the Council meeting at which it is to be considered. The applicant shall provide evidence of written permission by the property owner of the site specified in the application allowing the operation of the carnival, circus, or menagerie on the site.

(Prior Code, § 3-9-4) (Ord. 461, passed 6-25-2007)

§ 113.05 LICENSE FEES.

   Fee for a license shall be a fee schedule adopted by the City Council. The fee payment shall accompany application. This license fee may be waived or modified for non-profit organizations by the Council.

(Prior Code, § 3-9-5) (Ord. 107, passed 11-23-1981)

§ 113.06 PROVISIONS OF LICENSE.

   License shall be as provided in the license application unless modified by the City Council and shall not be for a period longer than eight days including set up and take down time.

(Prior Code, § 3-9-6) (Ord. 461, passed 6-25-2007)

§ 113.07 SURETY BOND.

   A surety bond in the amount of $5,000 shall be provided to the city to insure that all applicable federal, state, and city regulations are adhered to, including provisions of this subchapter. This bond shall accompany the application.

(Prior Code, § 3-9-7)

§ 113.08 INSURANCE.

   (A)   The licensee shall provide proof of liability insurance coverage to protect the city and licensee against any claims or liability for personal injury or property damage sustained by any person as a result of the operation of carnival, circus, or menagerie. The liability coverage shall name the city as an additional insured. The insurance coverage shall have minimum limits of liability coverage of $1,000,000.

   (B)   The licensee shall indemnify, defend, and hold harmless the city from any claims and liability which may be brought against the municipality as a result of the operation of the circus, carnival, or menagerie.

(Prior Code, § 3-9-8) (Ord. 461, passed 6-25-2007)

§ 113.09 APPROVAL OF LICENSE.

   City Council shall review application and consider approval based on the following factors:

   (A)   Adherence to ordinance provisions of this section;

   (B)   Previous violations of city ordinances, other cities’ ordinances, and state and federal regulations;

   (C)   Location and capability of location to handle anticipated traffic, and the like;

   (D)   Noise levels and proximity to residences, nursing homes, and hospitals;

   (E)   Other extenuating circumstances that may endanger the health, safety, and general welfare of the city and its citizens; and

   (F)   Hours of operation are limited from 10:00 a.m. to 10:00 p.m. unless modified by City Council.

(Prior Code, § 3-9-9) (Ord. 461, passed 6-25-2007)

§ 113.10 REVOCATION.

   City Council may revoke the license at any time for violations of this subchapter or becoming aware of misrepresentation of facts in the application.

(Prior Code, § 3-9-10)