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Home My WebLink AboutOrdinance - 8465-1983 - Repaling Ord. #1611, Reg. Circuses, Carnivals, Etc.; Prov. Permit/App Process - 07/14/1983SMH:da ORDINANCE NO. 8465 AN ORDINANCE REPEALING ORDINANCE NO. 1611 OF THE CITY OF LUBBOCK, RE- GULATING CIRCUSES, CARNIVALS, ETC.; PROVIDING A PERMIT AND APPLICATION PROCESS TO OPERATE CIRCUSES, CARNIVALS AND SIMILAR EXHIBITIONS AND SHOWS WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, the operation of circuses and carnivals operating within the corporate limits of the City of Lubbock is an activity involving considerable potential hazard to the health, safety and welfare of the citizens of the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock has determined that the regulation of circuses and carnivals would be in the best interests of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Ordinance No. 1611 Codified as Section 3-2 of the City of Lubbock Code of Ordinances BE and is hereby repealed. SECTION 2. THAT Section 3-2 of the Code of Ordinances be adopted to read as follows: "Sec. 3-2. Circuses and carnivals -Permit required. No person shall operate any circus or carnival within the corporate limits of the City of Lubbock without first obtaining a permit from the City Manager or authorized representative. This shall apply to traveling shows, carnivals and exhibitions which operate for a temporary period and use temporary structures or tents in connection with such show or exhibition. This section shall not apply to shows or exhibitions held in established theaters, auditoriums or other permanent buildings in the city." SECTION 3. THAT Section 3-3 of the Code of Ordinances be adopted to read as follows: "Sec. 3-3. Same -Application, contents. Any person desiring a permit for a circus or carnival shall make written application therefor at any time prior to the circus or carnival, but in no event less than 14 days prior to the starting date of the circus or carnival, to the City Manager or authorized representative, which application shall include: (1) The names, addresses and telephone numbers of all persons applying for such permit; (2) The exact location where such circus or carnival is to be held or exhibited; (3) The dates and the hours during which such activity is to be kept open to the public; / . • I' (4) The length of time and number of performances desired to be given under such permit. No permit shall be issued for a length of time to exceed fourteen (14) days; (5) A description of the types of buildings and/or tents; (6) A description of the electrical wiring, equipment and mechani- cal rides; (7) A description of the food concessions; (8) The types of animals to be exhibited; (9) A description of the toilet facilities to be provided; (10) A description of the security to be provided; (11) The parking area for the circus or carnival shall be adequate to provide one parking space for every 100 square feet of ground area encomposed by the circus or carnival; (12) Certificates of insurance in an amount not less than $500,000 for bodily injuries, including accidental death per occurrence and $100,000 for property damage; (13) Either a bond or cash to be posted in an amount of $5,000 to insure the reimbursement to the City for expenditures for the services of policemen, firemen, cleaning of the grounds, dam- ages and such other costs as the City may incur as a conse- quence of the circus or carnival. The City shall refund the amount of cash posted less any amount expended by the City for said services or other costs; and (14) An application fee in the amount of Fifty ($50.00) dollars. SECTION 4. THAT Section 3-4 of the Code of Ordinances be adopted to read as follows: "Sec. 3-4. Same -Investigation of applicant. Before the permit will be issued, the City Health Officer, Zoning Administrator, Fire Marshall, Police Chief, and Building Official or their authorized representatives shall submit a report to the City Mana- ger or authorized representative stating whether or not they believe that the minimum standards of health, sanitation, zoning, safety, buildings and fire safety will be provided. SECTION 5. THAT Section 3-5 of the Code of Ordinances be adopted to read as follows: "Sec. 3-5. Same -Findings of City Manager. The City Manager or authorized representative may deny the circus or carnival a permit to operate upon a finding of any of the following: ,, . ".. . .. (1) The application contains false or misleading information or required information is.omitted; or (2) The location selected for the circus or carnival is inadequate for the purposes for which it is to be used; or (3) The description of the circus or carnival does not assure that minimum standards of sanitation, health, zoning, safety, buil- dings or fire safety will be provided; or that the circus or carnival will be conducted in an orderly fashion and the physi- cal safety of property and persons in attendance and in sur- rounding area will be adequately protected; or (4). The circus or carnival has not received final approval from the City Health Officer, Zoning Administrator, Fire Marshall, Police Chief and Building Official; or (5) The circus or carnival does not have adequate toilet facilities on the premises where the circus or carnival is to be held; or (6) No bond, cash or liability insurance policy has been posted to insure the safety of the people attending or to serve as reim- bursement for personal or property damages. The decision to deny a permit shall be accompanied by a statement of the reasons for denial. SECTION 6. THAT Section 3-6 of the Code of Ordinances be adopted to read as follows: "Sec. 3-6. Same -Compliance with City Codes and Ordinances. Any person issued a permit under this article shall comply with all applicable Codes and Ordinances of the City of Lubbock." SECTION 7. THAT Section 3-7 of the Code of Ordinances be adopted to read as follows: "Sec. 3-7. Same -Penalty. Any person who shall hold, give or exhibit any circus, show, car- nival, or any other performance or exhibition whatever for which a permit is required to be obtained under section 3-2 without first obtaining such permit shall be deemed guilty of an offense, an<!. shall upon conviction thereof be punished as provided in section 1-4, iand each day that such violation of this article shall continue shall constitute a separate. offense, and such person's permit shall be revo~ed." SECTION 8. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. r P ~ . . . ,, . ' . I' SECTION 9. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alter- native method provided by law. AND IT.IS SO ORDERED. Passed by the City Council on first reading this l4tt\iay of July Passed by the City Council on second reading this 28ttP-ay of .July ATTEST: APPROVED AS TO CONTENT: City Manager APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney ,1983. ,1983. THE STATE OF TEXAS J COUNTY OF LUBBOCK Before me llonnie MCKee a Notarv Public in and for Lubbock Countv. Texas on this d v personally appeared Twi I a Auf 1 11 , Acco u~t Manal':!e r of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this lel!a I Not1ce'!"'331 words@60t Per wor·d-$198.60 No. 709050 at Lubbock County. Texas and the attached print- ed copy of the Not 1 ce is a true copv of the original and was printed in the Lubbock Avalanche-.Journal on the following dates: JU I Y 30 · & Aul!us t 6, 1983 • L'!"'3682 Account Manal!er LUBBOCK AV ALANCHE-.JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me thisB..!L dav of Aul!us t ~lpi-~. FORM58-10