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HomeMy WebLinkAboutOrdinance No. 211 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REGULATING THE OPERATION OF TEMPORARY CIRCUSES AND CARNIVALS; PROVIDING FOR PERMITS AND FEES; REQUIRING EVIDENCE OF INSURANCE; REQUIRING A CASH BOND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That for purposes of this ordinance, a temporary carnival or circus is defined as a temporary traveling show or exhibition, sometimes housed in tents, and which hus no permanent structure or installation, 8nd which is operating or located in a particular location in the City for a period of time less than twenty-one (21) days. SECTION 2. That in the event any temporary carnival or circus desires to operate in the City of The Colony at a particular location, the owner or operator shall make an application in writing to the Director of Community Development not less than ten (10) days prior to the date such temporary carnival or circus shall commence operation. The application shall contain the following information: (a) The names and addresses and date of birth of all persons involved directly or indirectly therewith, and stating whether they are traveling with the show or are local residents. (b) The applicant shail submit a plan showing in detail the different component parts of the temporary carnival or circus, including all shows, concessions, amusements, businesses, and the location of each on the property. (c) The application shall describe in detail the location of the land or property where the operation will take place, together with a written lease or agreement from the owner of such property stating permission to the applicant to operate a temporary carnival or circus on said property. SECTION 3. The applieation shall be accompanied by a permit fee of Ten Dollars ($1~.0~) for eaeh day the temporary carnival or circus proposes to operate, up to a maximum of twenty-one (21) days or Two Hundred Ten Doliars ($210.00). SECTION 4. The Director of Community Development will issue the appropriate permit if the application is completed as provided herein, subject to all the conditions of this ordinance and other applicable ordinances and codes of the City of The Colony. Prior to his approval of the permit application, the Director of Community Development shall submit the application to the Police Chief and Fire Chief of the City for their review and approval. SECTION 5. The permit shali be refused by the Director of Community Development if the proposed show consists of any unlawful game, activity, or enterprise. Should the show be issued a permit and conduct itself, or should any of its agents, servants or employees conduct themselves, in any unlawful manner, the Director may revoke the permit and forfeit the fees upon notice to the applicant and an opportunity for hearing concerning such activity. In the event any activity of the applicant, his or its agents, servants or employees constitutes a violation of the penal laws of the City of The Colony or of the State of Texas, and such activity endangers the life, health, safety, morals or general welfare of the public, the Chief of Police shali have authority to order the show elused immediately, but shall concurrently therewith advise the permit holder of such violation and give it or him an opportunity for hearing to explain or correct such activity. SECTION 6. Each amusement ride associated with any temporary carnival or eircns shall be identified and listed separately with the application and all such rides shall have available for review, the recommended installation instructions with regard to rigging, equipment and safety devices. Such recommended installation instructions shall also set out the maximum speed and occupant load and/or capacity of such ride. The Chief of Police shall have responsibility for the administration and enforcement of the provisions of this ordinance. SECTION 7. Should the applicant desire to hold a temporary carnival or circus on property owned or under control of the City of The Colony, approval of the permit application shall be by the City Council. SECTION 8. No permit holder shah leave, stand, or park any of its trucks or equipment on or immediately adjacent to any public street, highway or right-of-way of the City of The Colony in any manner which shall violate any traffic or parking regulation of the City of The Colony or the State of Texas, and any such violation shah be grounds for immediate revocation of the permit. SECTION 9. The premises of the temporary circus or carnival shah be kept in a clean and sanitary manner, to include cleaning after any animals which might be used in such temporary show, both on the grounds of such show and in any cages which may be used. In the event animals are used within any such show, they shall be caged or housed in an area of the show not less than two hundred (200) feet from any developed residential or commercial property. SECTION 10. All tents, awnings and similar canvas material must be flame-proofed in accordance with the requirements of the applicable fire codes of the City. Fire lanes for emergency equipmeflt must be provided as required by the applicable fire codes of the City. The site for the show shall be prepared in such manner as to not be a fire hazard and must be approved by the Fire Marshal in accordance with the applicable fire codes of the City. SECTION 11. The show shah comply in all respects with the Food Handlers Ordinance of the City with regard to the operation of eoneessior~s dealing with food and drinks. SECTION 12. The show shall provide a minimum of two (2) portable toilet facilities for use of the patrons of the show. Such facilities shall be provided on the premises of the show or on adjacent property with permission of the owner and the Director of Community Development. The Director may require additional facilities to be provided to adequately provide for the number of patrons antieipated at the show. SECTION 13. The show shall be operated only between the hours of 9:00 o'clock A.M. and 10:00 o'clock P.M. daily, except on Sunday, when the hours for such show shall be between 1:00 o'clock P.M. and 10:00 o'clock P.M., and further except on Friday and Saturday nights when the show may operate until 12:00 o'clock Midnight. SECTION 14. No facility or equipment of any such circus or carnival, fair or other amuse- ment type show permitted under this ordinance shall be located nearer than two hundred (200) feet to any occupied residential structure. SECTION 15. The applicant for a permit under the provisions of this ordinance shall furnish evidence to the Director that the owner or operator of such temporary carnival or circus, its agents, officers, servants and employees are adequately covered by a public liability insurance policy in amounts of not less than Fifty Thousand Dollars ($50,000.00) for injury to one person and One Hundred Thousand Dollars ($100,000.00) for any one accident. The Director shall require a certificate of insurance showing that such policy is in full force and effect at and before the commencement of operations of such show. SECTION 16. The applicant shall deposit with the Director a cash bond to the City of The Colony in the amount of One Thousand Dollars ($1,000.00) or an equivalent Surety Bond issued by a company authorized to do business in the State of Texas, conditioned upon the operation of the temporary circus or carnival in accordance with the ordinances of the City of The Colony and the laws of the State of Texas, and further conditioned to keep and save harmless the City of The Colony, its officers, agents or employees from any and alt liability or causes of action which might arise by virtue of the granting of such permit or the operation of such temporary carnival or circus, and further conditioned that no damage will be caused, suffered or permitted by the permit holder, its agents, officers, servants or employees to the streets, alleys, public ways of the City of The Colony or to any private proFerty, and tlzat :~o dirt, Fapcr, litter or other debris will be permitted to remain upon the streets, alleys or public ways of the City or upon any private property as a result of the operation of such temporary carnival or circus. In the event all the terms of such bond are complied with, it shall be returned to the permit holder at the completion of the term of the permit. SECTION 17. Should any seetion, paragraph, sentence or clause of this ordinance be held or determined to be unconstitutional or invalid for any reason, such declaration shall not affect the remaining portions of this ordinance, and the same are declared to be severabl~ SECTION 18. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offer, se, and each and every day such offeflse shall continue shall be deemed to constitute a separate offense. SECTION 19. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such eases provide. DULY PAS~/F~by the City Council of the City of The Colony, Texas, on the / MAYOR ATTEST: / CITY SECRETARY /~4~P~PROVED AS TO FORM: CITY ATTORNEY