Ordinance No. 565ORDINANCE NO. 565
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS AMENDING ARTICLE
III OF CHAPTER 15 OF THE CODE OF THE
CITY OF CYPRESS, REGULATING CARNIVALS
AND CIRCUSES
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. Article III of Chapter 15 of the Code of the City of
Cypress, entitled "Permits for Carnivals and Circuses ", is hereby amended
to read as follows:
ARTICLE III
PERMITS FOR CARNIVALS AND CIRCUSES
Sec. 15 -80
e3 n
Definitions. Unless the context clearly requires otherwise, the following
words and phrases, whenever used in this Article, shall be construed as
defined in this Section:
A. "Carnival" means and includes any amusement enterprise which
utilizes merry -go- rounds, side shows, vaudeville presentations, and /or
mechanized equipment which is operated or ridden upon by patrons.
B. "Circus" means and includes any tent, canvass structure, building, or
open air enclosure in which are exhibited any feats of horsemanship, trained
animals, clowns, acrobatic or trapeze performances, rodeos, and /or such other
forms of skill or amusement as are commonly presented in such areas.
Sec. 15 -81
Permit Required. It shall be unlawful for any person, firm, association,
or corporation to hold, manage, conduct, aid, form, start, or carry on any
carnival or circus within the City of Cypress, without first having applied
for and obtained a carnival or circus permit from the Planning Director as
prescribed in this Article.
Sec. 15 -82
Applications - Fees.
A. Any person desiring to obtain a carnival or a circus permit shall
make application to the Planning Director on a form provided by him a
minimum of fourteen days prior to the desired date of operation. Said
application shall be accompanied by a fee in the amount of $150.00.
B. Any charitable organization which completes a request for and obtains
an exemption from business license fees pursuant to Section 15 -57 of this
Code shall not be required to pay the fee required by Paragraph A hereof;
provided, however, that in such cases the applicant must note the percentage
of the gross income derived from the carnival or circus which will be received
by the exempt organization, and provided further, that a copy of the contract
between the carnival or circus organization and the exempt organization must
be provided to the Planning Director.
C. Permits and fees required by this Article shall be in addition to any
and all licenses, permits, and fees required pursuant to any other provision of
this Code.
Sec. 15 -83
Applications - Information Required. Upon the filing of an application
for a carnival or circus permit, the applicant shall provide the following
information to the Planning Director:
A. The full name(s), address(es) and telephone number(s) of the applicant(s);
B. The name, address and telephone number of the person or organization
by or with whom the applicant is employed or associated, if any;
1 x,C. The place or area in which the carnival or circus is to be conducted
and written confirmation from the property owner consenting to the use of
the property for the purpose of conducting a carnival or circus;
D. The dates and times that such activity will be conducted;
E. A complete description of the nature of each ride, amusement, game,
exhibition, or other activity included in the carnival or circus;
F. The addresses of the last two previous locations where the carnival
or circus was operated, and the dates of operation at those locations;
G. A detailed site plan showing the location of any and all structures,
equipment, vehicles, booths, rides, and other amusement devices of any kind,
parking areas, restrooms, entrances, and first aid and emergency equipment; and
H. A certificate of insurance issued by an insurance company approved
in writing by the Planning Director which demonstrates that the applicant
has obtained all risk public liability insurance with minimum policy limits
of $300,000 for bodily injury and $50,000 for property damage.
Sec. 15 -84.
Issuance of Permit. After he has received a completed application for
a carnival or circus permit, together with all information required by this
Article and such other information as he may deem necessary to complete
his investigation, the Planning Director shall investigate the application and
shall either:
A. Issue the permit if he finds that the operation of the carnival or
circus will comport with the peace, health, safety, convenience, good morals,
and general welfare of the public, and, to insure that the same will comport
with the aforesaid standards, the Planning Director may impose such terms,
conditions and restrictions upon the operation and conduct of such carnival
or circus, not in conflict with any paramount law, as he may deem necessary
and appropriate; or
B. Deny the permit if he finds that the operation of the carnival or
circus will not comport with the peace, health, safety, convenience, good
morals and general welfare of the public or that the applicant, his employers
or associates or the person or persons who would be responsible for the
management or supervision of the carnival or circus, is unfit to be trusted
with the privileges granted by such special permit or has bad moral character,
intemperate habits, or a bad reputation for truth, honesty or integrity.
Sec. 15 -85.
Conditions of Permit. In addition to such conditions as may be imposed
by the Planning Director pursuant to Section 15 -84 hereof, the issuance of a
carnival or circus permit is subject to the following conditions:
A. Carnivals and circuses shall only be permitted in the PS -1A and
MP -40000 Zones.
B. The operation of the carnival or circus shall be set -up in conformance
with the plot plan submitted with the application. Rides, games, or other
facilities not designated on the plot plan submitted with the application shall
not be permitted. Further, the operation of the carnival or circus shall be
conducted in such a manner as to comply in all respects with the representations
made by the applicant in connection with his application for such permit;
C. The applicant shall obtain a Special Use Building Permit from the
City of Cypress Building Department;
D. The applicant shall provide the Cypress Police Department with a
copy of his application and permit, and shall be responsible for the registration
with the Police Department of all employees and persons associated with the
operation of the carnival or circus;
E. The applicant shall submit with his application valid operating
permits issued by the Division of Industrial Safety, Department of Industrial
Relations, Human Relations Agency, of the State of California, in compliance
with the General Safety Orders of that Agency which concern the safety and
operation of amusement rides; and the applicant shall submit to Building
Department inspection for the purpose of verifying the issuance of such safety
permits for each amusement ride intended for use within the City of Cypress;
F. There shall be no sale or consumption of alcoholic beverages on the
carnival or circus site unless a valid Alcoholic Beverage Control Permit has
been obtained and approved by the City of Cypress; except that there shall
be no consumption of alcoholic beverages on the carnival site by amusement
ride operators, game operators, concessionaires, employees or agents of
the carnival or circus;
G. After the carnival or circus has been set up and prior to opening
the same for public admission, the applicant shall request the Building
Department to inspect the premises to determine that electrical wiring,
plumbing facilities and toilet facilities are adequate in accordance with
the specifications of the City of Cypress. Similarly, the applicant shall
request the Fire Marshall to inspect all facilities to determine that the
same are consistent with good fire protection standards; the applicant shall
request the Health Department to inspect all food handling stands and booths
to determine that the same are consistent with good standards of public
health; and the applicant shall request the Planning Department to inspect
the premises to determine that the set -up is in conformance with the plot
plan submitted;
H. The right will be reserved to the Cypress Police Department to inspect
the premises, the various equipment, games, amusements, and booths at any
time;
I. Said permit shall not be issued nor shall the carnival or circus
be allowed to operate until the Planning Department has received confirmation
from the Building, Fire, Health, and Police Departments that their respective
inspections have been satisfactorily concluded; and
J. Said permit shall not be valid for more than nine (9) days in any
thirty (30) day period.
Sec. 15 -86
Revocation of Permit. If the Building Department, Fire Marshall,
Health Department, Planning Department, or Police Department find that the
applicant's safety provisions are deficient, find that unauthorized rides,
games or other facilities have been introduced, find that alcoholic beverages
are being sold or consumed contrary to the provisions of this ordinance, or
find that in any other way the operation of the carnival or circus would not
comport with the protection of the health, safety, or welfare of the community,
the carnival or circus management shall be directed to correct these inadequacies,
and if they fail to do so within such reasonable period as may be prescribed
by any of the aforesaid officials, the permit may be summarily revoked by
the Planning Director, Building Inspector, Fire Marshall, Health Officer or
the Chief of Police. Similarly, any of the aforesaid officials may revoke
the permit if he finds that the operation of the carnival or circus is being
conducted in violation of any of the conditions imposed by the Planning
Director on the issuance of said permit.
Sec. 15 -87
Appeals. Any applicant aggrieved by any ruling of a member of the City
Staff upon any application filed pursuant to the provisions of this Article
may file with the City Clerk of the City of Cypress a statement, addressed
to the City Council, setting forth the contents of the application filed with
the City Staff, the action taken thereon by the City Staff, and the reasons
why it is believed the action was improper. The Cypress City Council, at its
next regular meeting held after the date on which such appeal is filed with
the City Clerk, shall hear the appeal and the determination of said City
Council thereon shall be final.
SECTION 2. If any section subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance, or the application thereof to any
person or place, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this ordinance or its
application to other persons or places. The City Council hereby declares
that it would have adopted this ordinance, and each section, subsection,
subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences,
-3-
0
CIA /, phrases, or portions or the application thereof to any person or place,
be declared invalid or unconstitutional.
First read at a regular meeting of the City Council of said City held on
the 22nd day of March, 1976, and finally adopted at a regular meeting of said
City Council held on the 12th day of April 1976.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
!ter G,f'�
CI�tY CLERK 0 THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the
said City Council held on the 12th day of April 1976, by the following
roll call vote:
AYES: 3 COUNCILMEN: Harvey, Lacayo and MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Hudson and Sonju
CITY CLERK OF THE/CITY OF CYPRESS