§ 4-14. Carnival and circus permits

(a) Definitions.

(1) "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" 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 horsemanship, acrobatics, strength, trapeze acting, or clowns.

(b) Permit required. It shall be unlawful to conduct or operate any carnival or circus which is open to the public and for admittance to which a fee is charged, without first obtaining a permit from the board of public works and safety.

(c) Application.

(1) Each applicant for a permit under this section shall procure from the clerk of the board of public works and safety 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 or organization;

d. Location of the proposed carnival or circus;

e. Proposed dates of the circus or carnival to be in the city;

f. Number and types of sideshows, concessions, and rides to be included therein;

g. Date of issuance and number of licenses issued by the city for vendors associated with the circus or carnival;

h. References of other cities or towns recently visited by the applicant.

(d) Application procedure.

(1) Each completed application for a permit 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 complete application, the same shall be referred to the board of public works and safety and thereafter shall be referred by the board to the following departments or agencies for review and recommendation:

a. To the chief of police or his designee, for a background check of the applicant and for recommendations for crowd and noise control, litter control, proper restroom facilities, security and other matters related to public safety. The chief of police shall also refer the application to the county health department.

b. To the fire chief and director of E.M.S. or their designees for a check of ingress and egress to the proposed site for proper emergency fire lanes, parking, and other matters related to public safety.

(3) The board of public works and safety may request or receive inspection reports and recommendations from any other department or bureau prior to or after issuance of a permit.

(4) Each of the individuals listed in subsection (d)(2) a and b, shall file a signed written report with the board of public works and safety.

(5) The board of public works and safety shall approve each permit application if it meets all of the requirements of this section.

(6) Any applicant may appeal a denial of a permit pursuant to the procedures set forth in section 4-3 of this Code.

(e) Liability insurance required. No permit shall be issued unless the applicant files with the clerk to the board of public works and safety 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 five hundred thousand dollars ($500,000.00) for each person, and one million dollars ($1,000,000.00) for each occurrence. Said policy shall also contain a provision specifically holding the city harmless from any liability resulting from such a carnival or circus. Workmen's compensation coverage shall be in full force and effect during the duration of such carnival or circus which complies with the requirements of the several statutes of the state.

(f) Permit fees.

(1) The fee for the issuance of a permit under this section shall be fifty dollars ($50.00) per 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.

(3) Permits issued under this section shall be done in quadruplicate.

(g) Hours of operation. In no event shall such a carnival or circus begin before 10:00 a.m. nor shall it continue past 12:00 midnight.

(h) 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.

(i) Penalties. Any person who shall violate any of the provisions of this section, shall upon conviction, be fined as provided in section 1-9 of this Code, and each such violation shall constitute a separate offense.

refstatelaw

Workers compensation requirements, I.C. 22-3 et seq.