Amending Various Sections Chapter 4 Carnivals and Circuses

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SUBSTITUTEBILL NO. 61 -82 ORDINANCE NO. 7(' 44 7- (rg% _ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 4 -22 ENTITLED CARNIVALS AND CIRCUSES STATEMENT OF PURPOSE AND II4TENT In 1981 the South Bend Common Council reviewed all licensing provisions then in effect. At that time it eliminated Article 3 of Chapter 4 which licensed carnivals and similar fairs for a fee of $300.00 for the first day and $150.00 for each day of operation thereafter. Because the fee charged could not be reasonably related to the cost incurred by the City to regulate such activities, as required by the New Home Rule Legislation; and because it had been more than ten (10) years since the City ever issued such a license, the Article was eliminated. The Common Council believes that certain public health and safety requirements such as mandatory parking, mandatory restroom facilities, proper ingress and egress to public roads, noise, litter, and crowd control, are all areas which warrant regulation in order to protect the public's interest . NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 4, Article 3, Section 4 -17 of the Municipal Code of the City of South Bend, Indiana, is amended by the inclusion of lb) to sub - section (c) which shall read as follows: (c) Regulated Business 1) Arborist /Tree Service lb) Carnivals and Circuses SECTION II. Chapter 4, Article 5, of the Municipal Code of the City of South Bend, Indiana, is amended by the inclusion of new Section 4 -22 which shall read in its entirety as follows: Sec. 4 -22. Carnivals and Circuses. a) Definitions: 1) Carnival: The term "carnival" as used herein shall mean and include amusement activities, rides, merry -go- rounds, booths for the conduct of games of skill, food dispensing facilities and sideshows presented by traveling companies. 2) Circus: The term "circus" as used herein shall mean and include performances given by traveling companies on vacant lots with tents, or some o- r kind of temporary enclosure, where performances are given tor a tee. Per ormances may include, but are not smite to: traine anima acts, races, feats of horsemenship, acrobatics, strength, trapeze acting, or clowns. (b) LICENSE REQUIRED. It shall be unlawful to conduct or operate any carnival or circus open to the public and for admittance to which a fee is charged, irst obtaining a license from the Office of the City Controller.