Chapter 5.48
CIRCUSES, RODEOS, FAIRS
AND SIMILAR AMUSEMENTS
5.48.010 Permit-Required.
5.48.020 Permit-Application.
5.48.030 Permit-Issuance or denial.
5.48.040 Referral to parks, recreation and community services commission for public hearing.
5.48.050 Hearing-Issuance by commission.
5.48.060 Notice of hearing.
5.48.070 Permit-Suspension and revocation.
5.48.080 Appeal.
5.48.090 Trampoline center-Generally.
5.48.010 Permit-Required.
No person shall establish, set up, maintain, exhibit, conduct or carry on in the city any circus, menagerie, wild animal show, trained animal show, rodeo, Ferris wheel, merry-go-round, traveling show, fair, museum, exhibition, trampoline center, children's amusement park, or place of amusement of any kind, unless a permit to do so has first been issued as provided in this chapter and is in full force and effect. (Prior code º 7-115)
5.48.020 Permit-Application.
A. Any person desiring a permit required by Section 5.48.010 shall make application therefor to the city. The application shall be verified and shall set forth:
1. The name, address and valid telephone number of the applicant;
2. If the applicant is a corporation, the names, telephone numbers and addresses of the corporate officers;
3. The name, address and telephone number of the proprietor and the person to be in immediate charge of the place of amusement;
4. The location at which it is proposed to conduct the place of amusement; and
5. A description of the place of amusement proposed to be conducted and the method of operation.
B. The application shall be transmitted to the city manager for approval or disapproval. (Prior code º 7-116)
5.48.030 Permit-Issuance or denial.
The city manager shall cause such investigation to be made as the city manager deems necessary and shall thereafter approve the issuance of the proposed permit required by Section 5.48.010, if the city manger finds that the proprietor and the person to be in immediate charge of the place of amusement are of good moral character, that the proposed place of amusement is not of such a character to disturb the public peace or be injurious to good morals, and that the conducting thereof in the proposed location will not disturb the peace and quiet of any considerable number of persons residing in the vicinity thereof; otherwise the city manager shall disapprove the application. Upon approval by the city manager of an application, the city clerk shall issue the permit. (Prior code º 7-118)
5.48.040 Referral to parks, recreation and community services commission for public hearing.
Instead of approving or disapproving the application and issuance of the permit by the city clerk, under the provisions of Section 5.48.030, the city manager shall, whenever the city manager determines that the public interest will best be served by holding a public hearing on the application, return the application to the city clerk with directions to refer it to the parks, recreation and community services commission for approval or disapproval, after public hearing. (Prior code º 7-119)
5.48.050 Hearing-Issuance by commission.
The parks, recreation and community services commission shall upon referral of the application to them, under the provisions of Section 5.48.040, hold a public hearing on the application and thereafter shall approve the issuance of such permit if it finds that the proprietor and the person to be in immediate charge of the place of amusement are of good moral character, that the proposed place of amusement is not of such character as to disturb the public peace or be injurious to good morals, and that the conducting thereof in the proposed location will not disturb the peace and quiet of any considerable number of persons residing in the vicinity thereof; otherwise the commission shall disapprove the application. Upon approval by the commission of an application, the city clerk shall issue the permit. (Prior code º 7-120)
5.48.060 Notice of hearing.
The city clerk shall give notice of the hearing referred to in Section 5.48.050 before the parks, recreation and community services commission, if the permit was authorized by the commission, when it shall appear to the city manager or the commission that the business or occupation, or the doing or performance of the act for which the permit was granted, is conducted, maintained, done or performed contrary to the application described in this chapter, or in violation of any law of the state or ordinance of the city, or is conducted, maintained, performed or done so as to constitute a nuisance or disturb the peace of persons in the vicinity or in any manner deleterious to the public peace, health or welfare; provided, however, that no such permit shall be revoked or suspended by virtue of this section until a hearing shall have been held by the city manager or the parks, recreation and community services commission. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified, or by depositing it in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing in the application. In addition to the power to suspend a permit after hearing, a permit issued for a limited period of time may be suspended, without notice, but in the event of such a suspension, the hearing must be held within five days after the order of suspension unless continued or postponed at the request of the permittee. (Prior code º 7-121)
5.48.070 Permit-Suspension and revocation.
Any permit issued under the terms of this chapter may be suspended or revoked by the city manager, if the permit was authorized by the city manager, or by the parks, recreation and community services commission, if the permit was authorized by the commission, when it shall appear to the city manager or the commission that the business or occupation, or the doing or performance of the act for which the permit was granted, is conducted, maintained, done or performed contrary to the application described in this chapter, or in violation of any law of the state or ordinance of the city, or is conducted, maintained, performed or done so as to constitute a nuisance or disturb the peace of persons in the vicinity or in any manner deleterious to the public peace, health or welfare; provided, however, that no such permit shall be revoked or suspended by virtue of this section until a hearing shall have been held by the city manager or the parks, recreation and community services commission. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified, or by depositing it in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing in the application. In addition to the power to suspend a permit after hearing, a permit issued for a limited period of time may be suspended, without notice, but in the event of such a suspension the hearing must be held within five days after the order of suspension unless continued or postponed at the request of the permittee. In the event an application is denied or a permit is revoked under this chapter, the holder thereof may not reapply for a permit required by Section 5.48.010 for a period of six months
. (Prior code º 7-122)
5.48.080 Appeal.
Any person aggrieved by the action of the city manager or of the parks, recreation and community services commission in approving or disapproving the issuance of a permit, or in revoking or suspending or refusing to revoke or suspend any permit may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code º 7-123)
5.48.090 Trampoline center-Generally.
A. No person shall be issued a permit for a trampoline center until such person has furnished to the city clerk a policy of public liability insurance satisfactory to the city manager, who shall also be authorized to make rules governing the operations of such centers in respect to public safety, health and welfare. Such permits may be revoked by the city manager for the failure to keep such policy in force or for the violation of any rules made pursuant to the authority granted in accordance with the procedures contained in this chapter.
B. For the purpose of this section, "trampoline" means a device of canvas, fabric or other material attached to a framework by springs, rubber coils or other elastic material upon which a person can jump, bounce or tumble, or otherwise perform tricks, stunts or acrobatics; and "trampoline center" means any place of business open to the public where trampolines are offered for use for any period of time. (Prior code º 7-125)
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