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HomeMy WebLinkAboutAmending Various Sections Chapter 4 Carnivals and CircusesORDINANCE N Passed by the Common Council of the City of South Bend, June 28 Presented by me to the Mayor of the City of South Bend, Approved and signed by 7067 -82 IRENE K. GAMMON w 2 Clerk Of Common Council IRENE K. GAMMON I Clerk 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. (c), APPLICATION (1) Each a must be circus. (2 ) The a information, inclu cant for a licens itv Controller an r to tion shall reauire the a. Legal name of the appl b. Present address and to c. Name and address of th d. Location of the propos e. Zoning of the proposed f. Proposed dates of the g. Number of sideshows to h. Date of issuance and n City for vendors assoc (d) APPLICATION PROCEDURE (1) Each completed applicatio shall be accompanied by a site plan, d location and the layout of the propose required public liability insurance. s Section shall licant to owing: cant and position; ephone number of the applicant; traveling company; d carnival or circus; site; ircus or carnival to be in the Ci be included therein; mber of licenses issued by the ated with the circus or carnival. for a license under this section wing, or diagram showing the carnival or circus, and proof of (2) Upon the filing of a complete application, the same snail oe referred to the Board of Public Works and thereafter be referred by the Board of Works to the following agencies for review and recommendation: a. To the South Bend Police Department for a background check of the applicant and for recommendations for crowd and noise control. b. To the Bureau of Traffic and Lighting for review of the parking requirements, and ingress and egress to the proposed site. C. To the County Health Department for review of restroom requirements, and litter control. d. To the Director of the Area Planning Commission, or his designee, for a review of the zoning of the proposed_ site, and in particular compliance with sub - section (e). of this section. e. The Board of Public Works may request or receive inspection reports and recommendations form any other department or bureau prior to or after issuance of a (3) The Board of Public Works must approve each license application, if it meets the standards of this Code, and prior to the City Controller's Office issuing -a license* (4) Any applicant may appeal a denial of a license pursuant to the procedures set forth in section 4 -16 of this Chapter. (e) ZONING RESTRICTIONS (1) No license shall be issued to any proposed carnival or circus fora location within one thousand (1,000) feet of any of the following zoning use districts as defined by the zoning chapter of th Code: -2- "A" Residence District (B) "A -1" Residence District (C) "A -2" Planned Residential Development District (D) "A -3" High Priority Residential Office and Professional_ District (E) "B" Residence District (F) "B -1" Residence District (2) No license shall be issued under this Section for a locat within one thousand (1.000) feet of the following: (A) Nursing Home, public or private clinics; (B) Public or private schools ; (c) Hospitals and sanitariums. (f)LIABILITY INSURANCE REQUIRED No license shall be issued unless the proposed licensee files with the City Contoller's Office a certificate or certificates of in- surance indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with such carnival or circus. Such insurance shall be in the minimum amount of $300,000 for each person, and $1,000,000 for each occurrence. (g) LICENCE FEES (2) All other license requirements of this Code shall be complied with by vendors proposing to do business at the or circus. (h) HOURS OF OPERATION In no event shall such a carnival or circus begin before 10 :00a.m. nor shall it continue past 11:00 p.m. (i) CONDUCTING IN VIOLATION OF SECTION DEEMED A NUISANCE Any carnival or circus operated, conducted, or maintained contrary to the provisions of this section shall be unlawful and declared a public (j) PENALTY Any person who violates any provisions of this Section shall be subject, -,Ylpon conviction,.to a -fine of not less than 'our _undred dollars ($400.00) and not more than two thousand five hundred o ars ($2,500.00). The violation of any provisions of this section shall constitute a separate offense for each day such violation may exist. (k) EXEMPTIONS. The provisions of this section shall not apply _t carnivals or circuses connected with and exhibited upon th e grun ods used by a county fair association during the time any association is conducting a county fair in the City. SECTION III. This ordinance shall be in full for9k and effect from and after its passage by the Common Council, appro4al by tY}� Mayor, and gal publication. / Passed, as amended, June 28, 1982 LEWIS A. McGANN President JOSEPH T. SERGE Vice President JOHN VOORDE Chairman, Committee of the Whole JOSEPH T SERGE First District WALTER M. SZYMKOWIAK Second District BEVERLIE J. BECK Third District LEWIS A. McGANN Fourth District ROBERT G. TAYLOR Fifth District RAYMOND C. ZIELINSKI Sixth District BEVERLY D. CRONE At Large RICHARD C. DOMBROWSKI At Large JOHN VOORDE At Large KATHLEEN CEKANSKI- FARRAND Council Attorney CITY ®f SOUTH BEND COMMON COUNCIL 441 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 June 9, 1982 South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Dear Councilmen: AREA 219 284 -9321 At the time the Council passed the new license ordinance last year, several sections were eliminated. These were eliminiated after careful review with the legal department and representatives of the City Controller's office. However, since the legal department is now saying that they are unable to control the problem of carnivals under the present ordinances, I am filing the attached Bill which would again require a license for carnivals, circuses, fairs, or similar amusements. This Bill goes several steps farther than the former licensing ordinance, which basically only required an initial fee of $300.00 and then a fee of $150.00 for each day thereafter. My Bill would specifically address the real problems which are often associated with such events. These would include mandatory parking requirements, mandatory rest - room facilities, regulation of ingress and egress to public roads and the site itself, noise control, litter control, crowd control, and regulating the hours of operation. Specific recommendations would be required from the Police Department, the Bureau of Traffic and Lighting, the County Health Department, and the Director of the Area Plan Commission before a license could be issued. Additionally a bond or liability insurance would be required which would hold the City harmless of any potential liability resulting from such events. Lastly, the Bill would specifically include Page 2. enforcement provisions through both the nuisance avenue as well as a fine. We request that if the City Administration can offer any other areas which should be addressed in order to make the new law even stronger yet reasonable, we welcome their suggestions. We believe that the attached Bill strikes the necessary balance between the public health and safety factors of our citizens and the business interests of prospective carnival and fair owners. I seek your support. Sincerely, Beverly D. Crone