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Home My WebLink AboutAmending Chapter 4, Section 4-22 - To revise requirements for the licensing of carnivals and circusesORDINANCE No. 88°69, Passed by the Common Council of the City of South Bend, Indiana. June 23. 19 97 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 24, 19 97 City Clerk Approved and signed by me June 24, 19 97 Mayor ~~..~ ORDINANCE N0. U U~~O~ 1~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, SECTION 4-22 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE REQUIREMENTS FOR THE LICENSING OF CARNIVALS AND CIRCUSES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STATEMENT OF PURPOSE AND INTENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The purpose of this ordinance is to amend Chapter 4, Section 4-51 of the South Bend Municipal Code to revise requirements for the licensing of carnivals and circuses. WHEREAS, the Common Council recognizes that certain not-for- profit organizations created solely to benefit a public entity should be encouraged in their efforts, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 4, Section 4-22, of the South Bend Municipal Code shall be, and hereby is, amended to read 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 other kind of temporary enclosure, where performances are given for a fee. Performances may include, but are not limited to: Trained animal acts, races, feats of horsemenship, acrobatics, strength, trapeze acting, or clowns. (b) License required. It shall be unlawful to conduct ~e or operate any carnival or circus which is open to the public and the admittance to which a fee is charged, without first obtaining a license from the office of the city controller. (c) Application: (1) Each applicant for a license under this section shall procure from the office of the city controller an application for such license which must be filed at least thirty (30) days prior to the proposed carnival or circus. (2) The application shall require the applicant to furnish information, including but not limited to the following: a. Legal name of the applicant and position; b. Present address and telephone number of the applicant; c. Name and address of the traveling company; d. Location of the proposed carnival or circus; e. Zoning of the proposed site; f. Proposed dates of the circus or carnival to be in the city; g. Number of sideshows to be included therein; h. Date of issuance and number of licenses issued by the city for vendors associated with the circus or carnival. (d) Application procedure: (1) Each completed application for a license under this section shall be accompanied by a site plan, drawing or diagram, showing the location and the layout of the proposed carnival or circus, and proof of required public liability insurance. (2) Upon the filing of a shall be referred to the board referred by the board of works review and recommendation: complete application, the same of public works and thereafter be to the following agencies for 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 subsection (e) of this section. 2 e. The board of public works may request or receive inspection reports and recommendations from any other department or bureau prior to or after issuance of a license. (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 for a location within one thousand (1,000) feet of any of the following zoning use districts as defined by the zoning chapter of this Code: a. "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 locution 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 controller's office a certificate or certificates of insurance 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 three hundred thousand dollars ($300,000.00) for each person, and one million dollars ($1,000,000.00) for each occurrence. (g) License fees: (1) The fee for~the issuance of a license under this section shall be two hundred twenty dollars ($220.00) for the first day of operation 3 and one hundred twenty-five dollars ($125.00) for each subsequent day of operation. (2) All other license requirements of this Code shall be complied with by vendors proposing to do business at the carnival or circus. (h) Hours of operation. In no event shall such a carnival or circus begin before 10:00 a.m. nor shall it continue part 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 nuisance. (j) Penalty. Any person who violates any provisions of this section shall be subject, upon conviction, to a fine of not less than four hundred dollars ($400.00) and not more than two thousand five hundred dollars ($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. 11L The provisions of this section shall not apply to carnivals or circuses connected with and exhibited upon the grounds used by a county fair association during the time any association is conducting a county fair in the City. 12Z The zoning restrictions of subsection (e) shall not apply to carnivals or circuses held on the St. Joseph County Fair Grounds provided that they meet the requirements of Section 21- 112 of this Code and have been approved by the City Board of Zoning Appeals pursuant to Sections 21-110 and 21-111 of this Code. ,~L The provisions of subsection (q) of this section shall not apply to carnivals or circuses operated by a not-for-profit corporation the_sole_purpose of which is to benefit the City of South Bend, or a Department, Division, Program or Oper the City of South Bend. 4 SECTION II. This ordinance shall be in full force and effect from and after its passage the Common Council, approval by the Mayor, and legal publication as required by law. r Member of Common Counc 1 5 1st READING PUELIC HEARING ~ , Z3.- 9 7 3rd READWG ~_~~_~~ -~IUT APPROVED PEFERRED PASSED 6 - ~3 - ~ 7 Filed in ~ie~#~'~ ~ffie~ J l1 Pd - ~ X997 ~orll:rr~ ~. auar, CITY CLERK, 3J. EDENa, IN. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee to whom was referred BILL NO. 57-97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, SECTION 4-22 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE REQUIREMENTS FOR THE LICENSING OF CARNIVALS AND CIRCUSES Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably. Sean Coleman Chairman COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/235-5887 FAx 219/235-9892 TDD 219/ 235-5567 CITY OF SOUTH BEND STEPHEN ]. I.UECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE ROEMER CITY CONTROLLER May 21, 1997 Mr. Roland Kelly President, Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Proposed Ordinance Amending Chapter 4, Section 4-22 of the South Bend Municipal Code Dear Mr. Kelly: Attached please find a proposed Ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 4, Section 4-22 of the South Bend Municipal Code to revise requirements for the licensing of carnivals and circuses. Ann- Carol.Simons has discussed this ordinance with Sean. Coleman and I am now forwarding it to you requesting the Common Council's consideration. Thank you in advance for your consideration of this ordinance.. Sincerely, M. Catherine Roeme City Controller Att: cc: L. Duda S. Coleman A-C. Simons c:\2\5-97mcr.ord Filed in Cieri~'s A#fic~ ,~ ~ ~~ - ~ X997 LORL•TiR 3. DUOI: CITY CLERK, 9t3. BE~O~ III'. CATHERINE A. HUBBARD-SHEAD JEFFREY A. RINARD ISABEL GONZALEZ RONALDA MINNIS DIRECTOR, HUMAAT RESOURCES FINANCE DIRECTOR DIRECTOR, SAFETY Si RISK MANAGEb4ENT BENEFITS MANAGER