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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 - 2 - ,'-- 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. - 3 - 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. - 4 - 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 - 5 - 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. - 6 - 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 7 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. .......... o0o .......... - 8 - 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 9