05/08/1978 Board of Public Works Minutes

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HE REGULAR MEETING MAY 8, 1978 REQUEST FOR CARNIVAL SPONSORED BY F.O.P. MISHAWAKA LODGE 91 DENIED The Board had taken under advisement a request from the Fraternal Order of Police, Mishawaka Lodge 91, to hold a carnival at the Ayr -Way Parking Lot, 3500 McKinley, from May 25 through June 4. The following opinion from the City Legal Department was submitted to the Board: "This Office has reviewed the request of the Fraternal Order of Police. Mishawaka Lodge No. 91, for permission to hold its annual carnival on the grounds adjacent to the Ayr -Way Store at 3500 East McKinley, South Bend, and has prepared the following opinion as a guide to your decision. The Municipal Code of the City of South Bend, Section 4 -10, provides that: No person shall exhibit or participate in exhibiting in the City any circus, sideshow, carnival, street fair or any other display or performance of the same general description for which an admission fee is charged or received, either directly or indirectly, without having first obtained a license from the Controller. (Emphasis added) . Municipal Code Section 4 -11 provides that the license fee for a carnival shall be three hundred dollars for the first day, and one hundred and fifty dollars for each additional day thereafter. In addition, a fee of fifty dollars per day must be paid for each individual sideshow and amusement device included in or connected with the carnival. The Municipal Code, Section 4 -12, further provides that an applicant for a carnival license "shall at all times be subject to this Code and other ordinances of the City and laws of the State ". The Controller, may, in his discretion, refuse to grant a license when he has reasonable cause to believe that holding the proposed exhibition or carnival would be in violation of any ordinance, Code, or law. A refusal to issue a license must be done after a hearing on the matter, pursuant to Municipal Code Section 1 -18. I should also note that Municipal Code Section 1 -19 provides that a refusal to issue any license shall be for "just cause" after notice and a hearing. The consideration of matter by the Board of Public Works fulfills the hearing requirement of the Municipal Code. It is the opinion of this Office, based upon our review of the law and facts pertinent to this request, that reasonable cause may exist to justify the Board's denial of the carnival permit. As you may know, in the past the Mishawaka Fraternal Order of Police carnival has been held in the Town and Country Shopping Center parking lot. The location of this carnival in the vicinity of several residential neighborhoods of South-Bend has caused these citizens to be subjected to disturbances from excessive noise, traffic congestion, increased pedestrian traffic, litter, and dust pollution, as generated by the carnival. As a result, the citizens in the surrounding neighborhoods have been denied the peaceful enjoyment of their residential premises. In short, the past operation of the carnival has created a general nuisance to the citizens of our City. To permit this carnival to operate within the South Bend City limits, in view of its past history of operation, may in fact sanction the violation of the numerous ordinances which are designed to protect our citizens from such disturbances. 1