HomeMy WebLinkAboutORD NO 3632ORDINANCE NO. S 6 $ 2
AN ORDINANCE AMENDING CHAPTER 5.36
OF THE BAKERSFIELD MUNICIPAl, CODE
RELATING TO CIRCUSES, CARNIVALS AND
TENT SNOWS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 5.36 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 5.36
CIRCUSES, CARNIVALS AND TENT SHOWS
Sections:
5.36.010
5.36.020
5.36.030
5.36.040
5.36.050
Definitions.
Permit required.
Application - Issuance - Fee.
Regulations.
Revocation.
5.36.010 Definitions.
Whenever used in this chapter, unless a different meaning
clearly appears from the context, the words set out in this section
shall have the following meanings:
A. "Circus, carnival or tent show" means a large-scale
business using rides, animals, and/or circus performers conducted
entirely independently from a structure upon a permanent foundation
in accordance with the requirements of Chapter 15.12 of this code.
B. "Event" means a circus, carnival or tent show.
C. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
5.36.020 Permit required.
Except as provided in Subsection C., below, it is
unlawful for any person to operate, maintain or conduct any circus,
carnival or tent show in the city in violation of this chapter, or
without having first procured and maintained a valid permit from
the city manager or his designee.
5.36.030 Application - Issuance - Fee.
A. Applications for permits under this section shall be
made on forms to be furnished by the city manager or his designee,
shall be submitted no less than thirty days prior to commencement
of the activity, shall be signed under penalty of perjury by the
applicant and shall require the following information:
1. The name, mailing address, title, telephone
number, previously used names, date of birth, sex, height, weight,
eye color, hair color, driver's license number, social security
number and arrest record, if any, of the applicant and of the
persons having the management or supervision of applicant's
activity during the time that it is proposed to be carried on in
the city;
2. Prior permits held and whether such permits
were ever revoked or suspended and the reasons therefor;
3. The name, location and description of the
type of the activity, and the length of time during which it is
proposed that such activity shall be conducted; and
4. The business tax certificate number of the
business operating the activity.
B. The application shall be accompanied by the
following documents:
1o A plot plan drawn to scale, showing the
location of utilities, improved parking areas, location of
permanent and temporary structures, curb cuts and/or driveways and
identifying the nearest available source of potable water, sanitary
facilities, and fire hydrants.
2. A written authorization from the owner of the
location or person in lawful possession thereof, if other than the
applicant, for the locating of the activity upon his or her
property.
3. Cash bond in the sum of one thousand dollars,
to be forfeited to the city in the event the permittee fails to
remove all merchandise, equipment and rubbish from the premises
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ORIGINAL b
before twelve noon on the day after the expiration date of the
permit. The cash bond shall be returned to the applicant upon full
performance of the requirements of this chapter.
4. Evidence, satisfactory to the city manager or
his designee, of (1) general liability insurance providing coverage
on an occurrence basis for bodily injury, including death of one or
more persons, property damage and personal injury, with limits as
required by the city; and (2) workers' compensation, with statutory
limits and employers liability insurance with limits as required by
the city. All policies required of the applicant hereunder shall be
primary insurance as to the city, its mayor, council, officers,
agents, employees and volunteers and any insurance or self-
insurance maintained by the city, its mayor, council, officers,
agents, employees and volunteers shall be considered excess
insurance, over and above the applicant's insurance and shall not
contribute with it. The applicants shall save, hold harmless and
indemnify the city, its officer, agents, employees and volunteers
from all claims, demands, damages, judgments, costs or expenses in
law or equity that may at any time arise from or is any way related
to any work performed by applicant, his agents or employees under
the terms of any permit issued under this chapter.
5. Sanitary facility plans consistent with the
requirements of this section.
6. A security guard plan consistent with the
requirements of this section, and a list of persons to be
employed as security guards.
7. A parking plan consistent with the
requirements of this section.
8. A solid waste disposal plan consistent with
the requirements of this section.
9. A fire protection plan consistent with the
requirements of this section.
10. An emergency communications system consistent
with the requirements of this section.
11. A plan for dust control consistent with the
requirements of this section.
12. A food and beverage plan consistent with the
requirements of this section.
13. A lighting plan consistent with the
requirements of this section.
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ORIGINAL
C. The city manager or his designee may, in his
discretion~ issue a permit if he finds that:
1. The application is complete and truthful.
2. Neither the applicant nor any manager of the
business or activity has been convicted of a crime substantially
related to the qualifications, functions or duties of the
business or activity for which application is made, unless he has
obtained a certificate of rehabilitation.
3. Neither the applicant nor any manager of the
business or activity has done any act involving dishonesty, fraud
or deceit with the intent to substantially benefit himself or
another, or substantially injure another.
4. The activity for which the application is
made will be maintained and conducted in accordance with all laws
of the city and the state.
5. The operation of such activity at such location
will not present any substantial hazard or impediment to vehicular
or pedestrian traffic, will be operated in a safe and legal manner,
will not disturb the peace and quiet of the neighborhood and will
not constitute an undue burden on city resources.
6. Parking adequate for the purposes of the
event exists at the proposed location, as determined by the
planning director.
7. A valid business tax certificate has been
issued for this business.
8. The applicant has not had a permit, issued
under this section, revoked, unless the city manager finds that
the reasons for such revocation are unrelated to this
application.
9. The applicant is sufficiently insured.
10. The sanitary facility plans are satisfactory
to the public works director and the health department.
11. The security guard plans and the individual
security guards are approved by the chief of police.
12. The parking plans are approved by the
planning director.
13. The solid waste disposal plans are approved
by the public works director.
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14. The fire protection plans are approved by the
fire chief.
15. The emergency communications system plan is
approved by the police chief.
16. The plan for dust control is approved by the
public works director.
17. The food and beverage plan is approved by the
health officer or the city manager.
18. The lighting plan is approved by the building
director.
19. The event will comply with all federal, state
and local laws.
D. All permits issued under this chapter shall be
valid only as to the dates and times listed on the permit, unless
a prior date is specified, or unless earlier suspended or
revoked.
E. The applicant shall pay a fee not to exceed the
cost of processing any such application and inspecting such
business as set forth in Section 3.70.040.
F. Permits may be issued with conditions to ensure that
the business will be operated in a safe and legal manner, will not
disturb the peace and quiet of the neighborhood and will not
constitute an undue burden on city resources.
5.36.040 Requlations.
A. No permitholder shall shout, make any outcry, blow
a horn, ring a bell or use any other sound device including any
loudspeaker, radio or amplifying system where sound of sufficient
volume is emitted or produced therefrom capable of being plainly
heard upon the streets, alleys, parks or other public places.
B. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant and
location provided on the application for such permit.
C. Except as expressly permitted by and in accordance
with the provisions of Chapter 12.44 of this code, the sale, offer
to sell, advertising or display of merchandise on any street or
sidewalk in the city is prohibited.
D. Circuses, carnivals and tent shows shall be
permitted only in an M-1 zoning district or a zoning district less
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restrictive than M-i, unless located upon property owned and
occupied by a church and/or school, which church or school is
either a legal or legal nonconforming use of such property, and the
promotional activity is located no less than one thousand feet
(1000') from the property line of any residence.
E. An electrical permit must be obtained from the city
building department prior to any electrical work.
F. If toilets are not immediately available during all
open hours of the circus, carnival or tent show, then approved
chemical ones must be provided, on the basis of one toilet for each
sex and for every forty persons permitted to be admitted.
Sufficient artificial light to adequately illuminate the area
around each toilet facility shall be installed and kept burning
from sunset to sunrise. Toilet facilities shall be maintained in a
sanitary condition at all times and shall be cleaned at least once
each day. Toilet paper shall be provided for each toilet. The
permittee shall be held responsible for the condition of the
toilets. Hand-washing facilities shall be provided at the ratio of
one lavatory for each toilet seat. These shall be provided with
soap, paper towels and a trash receptacle at each location.
G. All permits must be posted in a conspicuous place.
H. The permittee shall strictly comply with all state
and local law.
I. All facilities and equipment must be removed from
the temporary location by noon on the day after the date the permit
expires, and all accompanying litter shall be cleared from said
location on or before said time.
J. Permits shall remain valid for no more than ten days.
K. One employee approved by the chief of police for
each two hundred persons which the permit permits to attend shall
be constantly in attendance during the entire time the circus,
carnival or tent show is in progress, and shall devote his or her
entire time and attention to keeping order, and observing and
enforcing all applicable statutes and ordinances of the city,
including this chapter.
L. Every premises on which a circus, carnival or tent
show is conducted shall have on such premises, or contiguous
thereto, parking spaces equal to one-fourth the number of persons
which the permit allows to attend the event, unless the planning
director finds that a smaller number is sufficient, in which case
the permitholder shall provide such lesser number. Attendants shall
be provided by the permitholder at all entrances, exits and within
the parking lot.
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OR~GINAL
M. Each permitholder must have an adequate plan for the
proper storage, collection and disposal of refuse. One receptacle
with thirty-two gallon capacity for every twenty-five persons
expected to be in attendance shall be furnished. Proof that the
requisite quantity of refuse receptacles will be available must be
made to the public works director; provided, however, he may
approve a lesser number if he determines that it will not be
detrimental to public health and welfare.
N. The permitholder shall, at all times the permit is
valid, maintain an emergency communications system which the chief
of police finds adequate for police protection.
O. The permitholder shall not admit any person if such
admission would result in a greater number of persons present than
permitted by the permit.
P. No alcoholic beverages may be sold or served at the
event, and no person shall enter, be or remain on any part of the
premises on which the event is conducted while in the possession
of, consuming, using, or under the influence of any alcoholic
beverage or any dangerous or narcotic drug. The permitholder shall
not permit any such person to enter or remain upon the premises.
Q. The permitholder shall use such methods of dust
control as approved by the public works director, who shall approve
such methods if he finds they will prevent the arising of dust to
an extent which may endanger the public health or safety.
R. The permitholder shall comply with all state and
local laws in selling, preparing, delivering or serving food or
beverage.
S. Every permitholder intending to conduct the event
after dusk shall provide electrical illumination to insure that
those areas which are occupied are lighted.
T. Prior to doing any construction, excavation, grading
or encroachment, the permitholder shall obtain all necessary
permits therefor.
5.36.050 Revocation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city manager or his designee whenever he
finds:
A. That
application; or
misrepresentations were made on the
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B. That the applicant has been convicted of a crime
substantially related to the qualifications, functions or duties of
the business or activity for which application is made, unless he
has obtained a certificate of rehabilitation; or
C. That the applicant has done any act involving
dishonesty, fraud or deceit with the intent to substantially
benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of
have been violated, or that the business has been
violation of local, state or federal law.
said permit
operated in
SECTION 2.
This Ordinance shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council o~h~e~C~ of Bakersfield at a regular
meeting thereof held on by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDErMOTT, ROWLES, CHOW, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMENmw~
CITY CLERK and Ex OffiCio Clerk or
Council of the City of B~kersfield
the
APPROVED FEB
BOB R~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY
By: ~ ~
URA C. I~,ARIN~
Assistant City Attorney
LCM/meg
ORD-2\BUS-ORD\TI~NTSHOW.ORD
115195 & 2110195
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