Chapter 5.40
CARNIVALS, CIRCUSES, FAIRS, AND AMUSEMENT PLACES
Sections:
5.40.030 Investigation by Chief of Police; issuance; permit nontransferable.
5.40.040 Location requirements.
5.40.060 Operation on public streets prohibited.
5.40.070 Lighting to be directed away from adjacent residences.
5.40.080 Adequate lighting required; emergency lighting.
5.40.090 Sound amplifying equipment.
5.40.120 Fencing and pedestrian control.
5.40.130 Health and sanitation.
5.40.140 Compliance with building and fire codes and other regulations.
5.40.170 Revocation or suspension of permit.
5.40.010 Definition.
As used in this article, the words “amusement activity” or “activity” are defined to mean and include one or more carnivals, circuses, fairs, tent shows, exhibits, games of skill, rides, or devices, when conducted on a temporary outside site for a limited period of time not to exceed seven days, unless a permit is obtained from the city. Nothing in this article shall be construed to authorize the conduct of any gambling or any game or device prohibited by the laws of the state or the city. Any amusement activity or activity sponsored or underwritten in whole or in part by the city shall not be covered by this article.
(Code 1965, § 6424; Code 2002, § 6-151. Ord. No. 847)
Cross references: Definitions generally, § 1.05.100.
5.40.020 Permit required.
Any person, firm, or corporation desiring a permit required by this article shall make application therefor to the Chief of Police. Such application must be made at least 15 days prior to the commencement of the amusement activity. The application shall be verified and shall set forth:
(1) The name and address of the applicant;
(2) If the applicant is a corporation, the names and addresses of the corporate officers;
(3) The name and address 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;
(5) A description of the amusement devices proposed to be conducted, the placement of these devices, and the method of operation;
(6) The inclusive dates during which the place of amusement is proposed to be kept open each day;
(7) Such other information as may be required by the Chief of Police.
(Code 1965, § 6425; Code 2002, § 6-152. Ord. No. 847)
5.40.030 Investigation by Chief of Police; issuance; permit nontransferable.
The Chief of Police may 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 application for the permit is complete and contains no false or misleading information, that the proprietor and the person to be in immediate charge of the place of amusement have not been convicted of crimes involving moral turpitude, physical violence, or illegal use, sale, or possession of drugs or narcotics, that the proposed place of amusement is so located as to not 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 Chief of Police may disapprove the application. Upon approval by the Chief of Police of an application, he shall issue the permit. No permit issued pursuant to the provisions of this article shall be transferable.
(Code 1965, § 6426; Code 2002, § 6-153. Ord. No. 847)
5.40.040 Location requirements.
No amusement activity governed hereby shall be located in any zone where such activity is not permitted by the zoning regulations of the city. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than 300 feet to any occupied residence. 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 300-foot radius of such activity.
(Code 1965, § 6427; Code 2002, § 6-154. Ord. No. 847)
5.40.050 Hours of operation.
No amusement activity regulated by this article shall operate between 11:00 p.m. and 8:00 a.m. of the following morning, Monday through Friday, and between 12:00 midnight and 8:00 a.m. of the following morning on Saturday and Sunday. The Chief of Police may further restrict the hours of operation of any amusement activity if such restriction, in his judgment, is necessary to prevent a public nuisance in surrounding residential areas.
(Code 1965, § 6428; Code 2002, § 6-155. Ord. No. 847)
5.40.060 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 may operate on designated public streets and alleys.
(Code 1965, § 6429; Code 2002, § 6-156. Ord. No. 847)
Cross references: Streets, sidewalks, and other public places, Title 12.
5.40.070 Lighting to be directed away from adjacent residences.
All lights and illumination of an amusement activity regulated hereby, including facilities, equipment, and rides, shall be arranged to direct the light and glare away from any adjacent residences.
(Code 1965, § 6430; Code 2002, § 6-157. Ord. No. 847)
5.40.080 Adequate lighting required; emergency lighting.
It shall be unlawful to operate any amusement activity at nighttime when there is inadequate lighting in the amusement activity area. 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 city Building Official, to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required.
(Code 1965, § 6431; Code 2002, § 6-158. Ord. No. 847)
5.40.090 Sound amplifying equipment.
All sound amplifying equipment used in conjunction with any amusement activity regulated hereby shall comply with the following regulations:
(1) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 300 feet from its source;
(2) No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification;
(3) Any sound truck used to advertise any amusement activity regulated hereby shall comply with the requirements and regulations of chapter 122, article XII [recodified in Title 18], of this Code.
(Code 1965, § 6432; Code 2002, § 6-159. Ord. No. 847)
5.40.100 Ground cover.
In the event the amusement activity is not conducted on a paved or lawned area, the Chief of Police may require the applicant to treat the area with some type of temporary ground cover, such as oil, wood chips, gravel, or similar material that will inhibit and control dust. In making his determination hereunder, the Chief of Police shall take into account such things as the amusement activity involved and the area being used, its proximity to other areas, and the length of time for which the permit is issued.
(Code 1965, § 6433; Code 2002, § 6-160. Ord. No. 847)
5.40.110 Off-street parking.
When determining site suitability, the Chief of Police shall consider the availability of off-street parking to accommodate the intended amusement activity. If the Chief of Police determines that the available off-street parking is inadequate, he may disapprove the application in whole or in part. In making this determination, the Chief of Police shall consider the size of the amusement activity, the hours of operation, the type of uses in the vicinity, and the availability of on-street parking.
(Code 1965, § 6434; Code 2002, § 6-161. Ord. No. 847)
Cross references: Stopping, standing and parking, § 10.30.010 et seq.
5.40.120 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.
(Code 1965, § 6435; Code 2002, § 6-162. Ord. No. 847)
5.40.130 Health and sanitation.
The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the city Health Officer and by applicable state and city laws, including the furnishing of adequate restroom facilities for the public.
(Code 1965, § 6436; Code 2002, § 6-163. Ord. No. 847)
5.40.140 Compliance with building and fire codes and other regulations.
All amusement activities shall comply with the fire codes and any applicable ordinances of the city. Upon request, permittees shall furnish proof to the city 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 regulations, and shall cooperate with the inspection thereof by local police, fire, building, health, or other public officials and personnel.
(Code 1965, § 6437; Code 2002, § 6-164. Ord. No. 847)
Cross references: Buildings and building regulations, Ch. 14.
5.40.150 Bond required.
To ensure that amusement activity areas are kept free of all rubbish, waste matter, and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, the Chief of Police may require every applicant for a permit to deposit with the city a cash bond or other security, approved as to form by the City Attorney, in the sum of $500.00. The return of 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.
(Code 1965, § 6438; Code 2002, § 6-165. Ord. No. 847; Ord. No. 98-2)
5.40.160 Liability insurance.
As a condition precedent to granting an application hereunder, the applicant shall furnish the Chief of Police with a certificate of insurance evidencing commercial general liability insurance against claims for injuries to persons or damages to property which may arise or in connection with the amusement activity conducted by the applicant, the applicant’s agents, representatives, and employees in an amount not less than $1,000,000.00 per occurrence for bodily injury, personal injury, and property damage. The city, its officers, officials, employees, agents, and volunteers are to be named as additional insureds under said policy. The said insurance certificate shall indicate the insurance shall be effective during the period that the amusement activity is being conducted in the city.
(Code 1965, § 6439; Code 2002, § 6-166. Ord. No. 847; Ord. No. 98-2)
5.40.170 Revocation or suspension of permit.
Any permit issued pursuant to this article may be suspended or revoked by the Chief of Police 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 or of the city.
(Code 1965, § 6440; Code 2002, § 6-167. Ord. No. 847)
5.40.180 Appeal.
Any person, firm, or corporation aggrieved by the action of the Chief of Police in approving or denying an application for a reduction 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 a permit, may appeal to the Council of the city pursuant to the procedures set forth in section 2.05.040 of this Code.
(Code 1965, § 6441; Code 2002, § 6-168. Ord. No. 847)
5.40.190 Business license.
Notwithstanding the provisions contained in this article, the applicant shall, unless exempt therefrom, procure a city business license pursuant to chapter 5.05, of this Code.
(Code 1965, § 6442; Code 2002, § 6-169. Ord. No. 847)
Cross references: Business licenses, § 5.05.010 et seq.
5.40.200 Exemptions.
The city and the Mt. Diablo Unified School District shall be exempt from the permit requirements set forth in this article.
(Code 1965, § 6443; Code 2002, § 6-170. Ord. No. 983)