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4090ORDINANCE NO. 4090 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.53 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING OTHER RELATED CHANGES RELATING TO CARNIVALS AND CIRCUSES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That a new Chapter 4.53 be, and the same is hereby, added to Title 4 of the Anaheim Municipal Code to read as follows: "CHAPTER 4.53 CARNIVALS AND CIRCUSES Section 4.53.010 PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to establish, set up, main- tain, exhibit, conduct or carry on in the City of Anaheim any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, f erris wheel, merrygoround, traveling show, or other similar or related type of amusement place, unless a permit to do so has been issued as hereinafter provided and is in full force and effect. Section 4.53.020 APPLICATION FOR PERMIT. Any person, firm or corporation desiring a permit required by this Chapter shall make application therefor to the City License Collector. Such application must be made at least fifteen (15) days prior to the commencement of the amusement activity. The application shall be verified and shall set forth: (a) The name and address of the applicant. (b) If the applicant is a corporation, the name and addresses of the corporate -- officer. (c) The name and address of'the proprietor and the person to be in immediate charge of the place of amusement. (d) The location at which it is proposed to conduct the place of amusement. -1- (e) A description of the amusement devices proposed to be conducted, the placement of these devices and the method of operation. (f) The inclusive dates during which the place of amusement is proposed to be kept open each day. (g) Such other information as may be required by the City Manager. Section 4.53.030 APPLICATION FEE. The application shall be accompanied by an Application Fee in the sum of Fifty Dollars ($50.00). This fee is in addition to any business license fee which is required to be paid pursuant to Chapter 3.32 of this Code. One half (1/2) of the Application Fee shall be retained by the City if the permit applied for is denied. . Section 4.53.040 INVESTIGATION BY CHIEF OF POLICE. The application shall be referred to the Chief who shall cause such investigation to be made as he deems necessary and shall thereafter approve the issuance of such proposed permit if he 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 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; other- wise, the Chief of Police shall disapprove the application. No permit issued pursuant to the provision of this chapter shall be transferable. Section 4.53.050 LOCATION REQUIREMENTS. No amusement activity governed hereby shall be located in any zone where such activity is specifically prohibited by the zoning regulations of the City of Anaheim. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than three hundred feet (3001) to any occupied dwelling. Carnivals, fairs, and other amusement activities operated by schools, churches and other local nonprofit, educational, or charitable organizations, may be exempted from this requirement by the Chief of Police provided that the amusement activity will not, in the judgment of the Chief of Police, be a nuisance to residents within the three hundred foot (300') radius of such activity. -a- Section 4.53.060 HOURS OF OPERATION. No amusement activity regulated by this Chapter shall operate between 12:00 o'clock midnight and 8:00 o'clock a.m. of the following morning. The Chief of Police may further restrict the hours of operation of any amusement activity if such restriction in his judgment is necessary to protect surrounding residential areas. Section 4.53.070 OPERATION ON PUBLIC STREETS PROHIBITED. No amusement activity, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley, except that a parade operating under specific authority from the City, in accordance with all terms and conditions of any permit granted for the same, may operate on public streets and alleys according to the terms of such permit. Section 4.53.080 ILLUMINATION OF AMUSEMENT AREA. All lights and illumination of an amusement activity regulated hereby, including facilities, equipment and rides, shall be arranged so as to reflect the light and glare away from any adjacent residential properties. Section 4.53.090 EMERGENCY LIGHTING. The area around and between tents, facilities and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the Building Department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required by the City Building Department. The opera- tion of any amusement activity at any time such require- ments are not being fully met is prohibited. Section 4.53.100 SOUND AMPLIFYING EQUIPMENT. All sound amplifying equipment used in conjunction with any amusement activity regulated hereby shall comply with the following regulations: (a) The only sounds permitted are music and human speech. (b) The human speech and music amplified shall not be profane, lewd, indecent or slanderous. -3- (c) The volume of sound shall be controlled so that it will not be audible for a distance in excess of two hundred feet (2001) from its source, and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility. (d) No sound amplifying equipment shall be operated with an excess of fifteen (15) watts of power in the last stage of amplification. Section 4.53.110 GROUND COVER. All areas or parcels of land used for any amusement activity regulated hereby, including off-street parking areas, shall be either paved with a permanent paving material, such as portland cement concrete or asphaltic concrete, or be treated with some type of temporary ground cover, such as oil, wood chips or gravel, in order to inhibit dust. In order to insure that adjoining areas are adequately protected from such dust, the City Building Department may prescribe the type of amusement activity, the type of area being used, its proximity to other areas, and the length of time for which the permit is issued. Section 4.53.120 OFF-STREET PARKING. As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the Chief of Police shall take into account the availability of off-street parking areas to accommodate the automobiles which can reasonably be anticipated in connection with the amusement activity for which an application has been made. If the Chief of Police determines that the amount of off-street parking area avail- able adjacent to and in the immediate vicinity of the proposed location of the amusement activity is inadequate, he may disapprove the application in whole or in part. In making this determination, the Chief of Police shall take into account such things as the size of the amusement activity, the hours of operation, the type of uses in the vicinity and the availability of on -street parking. Section 4.53.130 FENCING AND PEDESTRIAN CONTROL. The Chief of Police may, in the interest of public safety, require fencing of all or a portion of the amusement activity site in order to control pedestrian movement to and from the said site. He may also designate the means of pedestrian ingress and egress for the said amusement activity. -4- Section 4.53.140 HEALTH AND SANITATION. The amusement activity, and each portion thereof, shall conform to the health and sani- tation requirements established by the County Health Officer, and by applicable State, County and City laws. Section 4.53.150 BUILDING AND FIRE CODES. All amusement activities shall comply with the Building and Fire Codes and ordinances of the City of Anaheim. Upon request, permittees shall furnish proof to the City of Anaheim that all equipment, rides, tents and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable State and City laws and regu- lations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel. In the event any tent shall be used as a public assemblage, the following rules shall apply: (a) No flammable or explosive liquid or gas shall be stored or used in, or within fifty (501) feet of, such tent. (b) Smoking shall not be permitted within any such tent, and NO SMOKING signs shall be prominently displayed throughout such tent, and at each entrance thereof. (c) Such tent and bunting, flammable decorations and sawdust therein or thereabout shall be entirely treated with a fire-retardent solution. (d) All weeds and flammable vegetation in or with- in thirty (301) feet of such tent shall be removed and prevented from regrowing. (e) The grounds both inside and outside of tents shall be kept free and clear of combustible waste, which shall either be stored in closed metal containers or removed from the premises, unless allowed pursuant to a permit from the Fire Department. (f) Any condition that presents a fire hazard or would contribute to the rapid spread of fire, or would delay or interfere with the extin- guishment of a fire, shall be immediately abated, eliminated, or corrected as ordered by the Fire Department. -5- Section 4.53.160 CLEANING AREA. Any person granted a permit to conduct or carry on an amusement activity regulated hereby shall be responsible for keeping the area or parcel of land used for the amusement activity including off-street parking areas, free and clear of all rubbish, waste matter and debris during the time such amusement activity is carried on or conducted. Section 4.53.170 BOND REQUIRED. In order to insure that all areas used for amusement activities are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termin- ation of the amusement activity, every applicant for a permit shall file with the City Attorney a cash bond or other security approved as to form by the City Attorney in the sum of Two Hundred Fifty Dollars ($250.00). Said bond shall be conditioned upon the permittee completely cleaning up and clearing the amusement area, including any off-street parking area, of any rubbish,.waste matter and debris. Section 4.53.180 LIABILITY INSURANCE. As a condition precedent to granting an application hereunder, the applicant shall furnish the City attorney with a Certificate of Insurance, evidencing public liability insurance in the amount of $250,000.00 for death or injury to one person and $500,000.00 for death or injury to more than one person, and property damage in the amount of $100,000.00 for each occurrence. The said insurance certificate shall indicate that the insurance shall be effective during the period that the amusement activity is being conducted in the City of Anaheim. Section 4.53.190 REVOCATION OR SUSPENSION OF PERMIT. Any permit issued pursuant to this Chapter may be suspended or revoked by the issuing authority for violation of any provision herein contained or for breach of condition contained in the permit or for violation of any law of the State of California or of the City of Anaheim, or in the event such activity is conduc- ted in such a manner as to constitute a public nuisance. -6- Section 4.53.200 APPEALS. Any person, firm or corporation aggrieved by the action of the Chief of Police in approving or denying an application or exemption from the Application Fee, in approving or disapproving the issuance of a permit, or in revoking or suspending or refusing to revoke or suspend any permit, may, within five (5) days after such action, appeal to the City Council of the City of Anaheim by filing a written notice thereof with the City Clerk. The City Council shall then review the determination or decision of the Chief of Police in the matter appealed from and may approve, disapprove or modify such determination or decision. The action of the City Council herein shall be final and conclusive. Section 4.53.210 BUSINESS LICENSE. Notwithstanding the provisions contained in this Chapter, the applicant shall, unless exempt therefrom, procure a City business license pursuant to Title 3 of the Anaheim Municipal Code." SECTION 2. That Section 3.32.020 of Chapter 3.32, Title 3, of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "3.32.020 CIRCUS, CARNIVAL, ANIMAL SHOW -- PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Anaheim any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, ferris wheel, merry-go-round, traveling show, or other similar or related type of amusement place, unless a permit to do so has been issued pursuant to Chapter 4.53 of this Code and is in full force and effect." SECTION 3. That Section 3.32.050 of Chapter 3.32, Title 3, of the Anaheim Municipal Code be, and the same is hereby, repealed. -7- SECTION 4. That subsection .020 of Section 8.20.020 of Chapter 8.20, Title 8, of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 0.020 WILD ANIMALS IN CIRCUSES, CARNIVALS, EXHIBITS OR SHOWS. Any wild animals which are kept and confined and placed on exhibit in a circus, carnival or any other type of exhibit or show in accordance with a permit issued pursuant to Chapter 4.53 of this Code; provided, however, the Health Inspection Fees shall have been obtained as required by Title 8, Chapter 8.08, Section 8.08.010, et seq., of the Anaheim Municipal Code, for all wild animals in circuses, carnivals, exhibits or shows." SECTION 5. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING the City Council of the January, 1980. ATTEST: ORDINANCE is approved and adopted by City of Anaheim this 2nd day of T CLERK OF THE ITY OF ANAHEIM jlw:jh mc STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) I, LINDA D. ROBERTS,'City Clerk.of.the'City-of'Anaheim, do -hereby. -certify that the foregoing'Ordinance'No.�4090'was introduced'.at a regulat.meeting of the City -Council of'.the'City of'Anaheim,.held-on'the'26th.day of'December; 1979, and that the'same was duly passed'.and.adopted'at a regular.meeting of said City Council held on the'2nd day of'January, 1980, by..the'following vote of the members thereofi AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None . AND I FURTHER.CERTIFY that the' -Mayor of:.the'City.of'Anaheim signed'said Ordinance No.'4090 on•the'.2nd day..of:January, 1980. IN WITNESS WHEREOF, I have hereunto-set'my hand and affiaed'.the'.official seal of the'City of'Anaheim this 2nd day of'January, 1980. CITY ERIC OF . THE - CI OF ANAHEIM: (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4090 and was published once in the Anaheim Bulletin on the 11th day of January, 1980. Y aallod asuao�Z ssau�sng