(A) It is hereby declared that amusements commonly known as the following may constitute public nuisances contrary to the safety, health, morals, and welfare of the public and no person shall conduct, participate in, attend, or sell or purchase tickets for any such affair in the city without prior approval of the City Council:
(1) Carnivals, including medicine shows;
(2) Street fairs or street shows;
(3) Shooting galleries;
(4) Endurance contests or marathons; and
(5) Freak shows, where artificial or natural curiosities are exhibited.
(B) (1) In deciding whether to approve or disapprove of any of the amusements set forth in division (A) above, the City Council shall consider the following criteria:
(a) The size, location, normal use, and purpose of the area proposed for the amusement and surrounding areas in determining its suitability for the intended amusement;
(b) The availability of the proposed location on the day and time requested;
(c) Whether the proposed activity will entail extraordinary or burdensome expense for police operations or the extension of other city services; and
(d) Whether the proposed activity and use of the area would unreasonably interfere with or detract from the promotion of the public welfare in the vicinity by creating disruptive noise, overcrowding the area, or unreasonably interfering with normal activities in the area.
(2) In no event shall approval be given where a proposed activity would violate any state law or city ordinance or regulation.
(3) In no event shall the sex, race, color, creed, or national origin of an applicant for approval be considered.
(C) The provisions of division (B) above shall not apply to prohibit concessions operating under the auspices of the County Agricultural Society on the fairgrounds during the time the county fair is in exhibition or at such other time as shall be approved by the City Council.
(Prior Code, § 112.02) (Ord. D-1223, passed 5-9-1977, effective 5-19-1977) Penalty, see § 112.99