(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMUSEMENT RIDE. Any mechanized device or combination of devices which carries passengers along the ground or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.
CARNIVAL or CIRCUS. A travelling commercial entertainment with sideshows, rides, and games.
(B) Permits.
(1) Permit required. It is unlawful for any person to present or operate within the city any carnival, circus, or similar enterprise without first having obtained a permit therefor from the city and paying a fee therefor as set from time to time by the city.
(2) Issuance. No permit shall be issued until the proper application has been completed, the fee or fees paid, and, where applicable, insurance provided. A copy of all insurance policies or certificates must be deposited with the city and must contain a provision that the city will be notified in writing at least ten days in advance of any cancellation or change in coverage.
(3) Deposit. A clean-up and damage deposit as set from time to time by the City Council is required. The deposit is refundable after inspection by the City Administrator.
(C) Insurance.
(1) Generally. Before the permit is issued, proof of insurance insuring the operator against liability for injury, death and property damage suffered by a person attending the carnival shall be provided to the city. Before the permit shall be issued, the operator shall agree to hold the city harmless and shall agree to defend and indemnify the city, and the city’s employees and agents, for any claims, damages, losses, and expenses related to the operation of the carnival, circus or amusement ride. The city shall be named as an additional insured under that insurance. The operator’s contract of insurance shall be the primary insurance for the city and the operator or insurance company shall provide a certificate of insurance which verifies the existence of the insurance required, including provisions to hold the city harmless and defend and indemnify the city. The insurance shall provide coverage up to $300,000 for any single claim and $1,000,000 for any number of claims in a single occurrence.
(2) Products liability insurance. The applicant shall provide products liability insurance in the amount of $300,000 if any food or drink is served upon the premises.
(D) Penalties. Any person who operates an amusement device, ride, concession booth, or related electrical equipment at any enterprise covered hereby without first having obtained a permit from the city or who violates any provision hereof is guilty of a misdemeanor.
(Ord. 43, passed 7-14-81) Penalty, see § 10.99