(A) Permit required. No carnival shall be permitted without first obtaining a permit issued by the city, as evidenced by the signature of the Chief of Police or his or her designee.
(B) Application. Each application for a carnival permit shall include the name of the person, or entity applying for the carnival permit. Each application shall include the name of the carnival’s sponsor, organizer and promoter, if applicable.
(C) Time. Applications must be submitted to the Chief of Police or his or her designee at least 30 calendar days prior to the commencement of the carnival. Permits shall be valid for not more than ten calendar days.
(D) Review process. Applications for carnival permits shall be filed with the Chief of Police or his or her designee. The Chief of Police or his or her designee shall review the application and shall forward it to the Building Official and Fire Departments for review. City Inspectors and the Fire Marshal or designee shall inspect the facilities and equipment. Upon satisfactory completion of the review by all parties, the application shall be forwarded to the Chief of Police, or designee, for issuance of the permit. The application signed off by all reviewing parties shall not be considered as the permit or any approval.
(E) Additional permissions. Granting of a carnival permit by the city does not include the right to encumber or exclusively use city property or right-of-way. If the carnival is to be situated using city property or right-of-way, additional permission must be obtained from the city.
(F) Authorized use of premises. The applicant shall state the area of operation of the carnival. Applicant shall submit proof that the applicant has full authority to use or occupy the premises for the purpose stated in the application. A copy of the applicant’s lease or permission shall accompany the application.
(G) Sponsor. The applicant shall submit a statement signed by the sponsor of the carnival, if any, that such sponsor has engaged or permitted the applicant to conduct the event.
(H) Permit fee. The application shall include a fee of $250 for each permit request. The fee shall apply regardless of whether the applicant is a profit or non-profit organization.
(I) Details of operations. Explicit details of the operation of the carnival are required to be stated in the permit application. Requests for dates or times that conflict with previously scheduled events will not be considered; however, the applicant may revise the request to apply for a different date or time.
(J) Mobile amusement rides. Applicants of carnivals that will have mobile amusement rides shall permit the Building Inspector, or designee, to inspect the daily inspection records of each ride.
(K) Deposits and insurance.
(1) All costs for clean-up during and after the event are the responsibility of the applicant. Every applicant, upon approval of the application shall post a cash deposit or surety with the Chief of Police or his or her designee in an amount set by the Mayor. However, in no event, shall such amount be less than $1,000. The deposit requirement shall apply regardless of whether the applicant or the event is a profit or non-profit organization. The deposit shall be applied to cover any cost to the city of cleanup. The city shall promptly return the bond to the applicant, along with an accounting of any costs to which the deposit, in whole or in part, was applied.
(2) The applicant must obtain and maintain at applicant’s own expense, an insurance policy covering the event. The policy must be a general liability policy with combined single limits of $1,000,000. The city reserves the right to increase the amount of coverage or require additional types of coverage depending on the size of the carnival and any additional risk concerns. Such policies must name the city as an additional insured. Any other entities that might be impacted by this event shall also be named as additional insureds. The applicant must provide the city with proof of coverage prior to issuance of the permit. All policies required shall provide for a waiver of subrogation.
(3) The applicant must specifically agree to indemnify, defend and hold the city, its officers, directors, agents, representatives and employees harmless from and against any and all claims, expenses, damages or other liabilities, including reasonable attorneys’ fees and court costs, arising out of bodily injury or property damages arising out of or in connection with the event.
(4) The applicant must carry workers’ compensation coverage for its employees and submit proof to the city with the application.
(5) All insurance shall be with an insurance company with an insurance best rating of A-7 or better.
(6) The provisions of this section shall apply regardless of whether the applicant or the event is a profit or non-profit organization.
(1998 Code, § 14-4) (Ord. 03-12, passed 4-2-2003; Ord. 13-17, passed 6-19-2013)