Ordinance No. 530ORDINANCE NO. 530
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS ADDING ARTICLE III TO
CHAPTER 15 OF THE CODE OF THE CITY OF
CYPRESS, REGULATING CARNIVALS AND CIR-
CUSES
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN
AS FOLLOWS:
SECTION 1. Article III, entitled "Permits for Carnivals
and Circuses ", hereby is added to the Code of the City of
Cypress to read as follows:
ARTICLE III
PERMITS FOR CARNIVALS AND CIRCUSES
Sec. 15 -80
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 enter-
prise 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, building,
or open air enclosure in which are exhibited any feats of horse-
manship, trained animals, clowns, acrobatic or trapeze performances,
rodeos, and /or such other forms of skill or amusement as are com-
monly 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. Said application shall be accompanied by a fee
in such amount as may be established by Resolution of the City
Council.
B. Any charitable organization which 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 organ-
ization, and provided further, that a copy of the contract be-
tween 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 re-
quired pursuant to any other provision of this Code.
Sec. 15 -83
Ap ?lications - 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 oganization by or with whom the applicant is employed or
associated, if any;
C. The place or area in which the carnival or circus
is to be conducted;
D. The dates and times that such activity will be con-
ducted;
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 ap-
plication 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
2
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 it 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 manage-
ment 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. The operation of the carnival or circus shall be
conducted in Euch a manner as to comply in all respects with
the representations made by the applicant in connection with
his application for such permit;
B. The applicant shall obtain an electrical permit
from the City of Cypress Building Department;
C. The applicant shall provide the Cypress Police De-
partment with a copy of his application and permit;
D. The applicant shall submit to the Planning Director
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 Gen-
eral Safety Orders of that Agency which concern the safety and
operation of amusement rides; and the applicant shall submit
to local inspection for the purpose of verifying the issuance
of such safety permits for each amusement ride intended for
use within the City of Cypress;
E. 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, and the
Building Department shall inspect the premises to determine
that electrical wiring, plumbing facilities and toilet facil-
ities are adequate in light of the standards set forth in
this Article. Similarly, the applicant shall request the
Fire Marshall to inspect all facilities to determine that the
same are consistent with good fire protection standards; and
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;
F. The right will be reserved to the Cypress Police De-
partment to inspect the premises, the various equipment, games,
amusements, and booths at any time; and,
G. 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, or Police Department find that
the applicant's safety provisions are deficient, 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 wel-
fare 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 mem-
ber of t City Staff upon any application filed pursuant to the
provisions of this ordinance, may file with the City Clerk of the
City of Cypress a statement, addressed to the City Council, set-
ting forth the contents of the application filed with the City
Staff, the action taken thereon by the City Staff, and the rea-
sons 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 in-
valid or unconstitutional by the decision of any court of competent
jurisdiction, such division 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, sub-
division, sentence, clause, phrase or portion thereof, irrespect-
ive of the fact that any one or more sections, subsections, sub-
divisions, sentences, clauses, phrases, or portions, or the ap-
plication thereof to any person or place, be declared invalid or
unconstitutional.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 22nd day of April,
1974.
ATTEST:
City Clerk of 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 22nd day of April, 1974, by the following
roll call vote:
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Sonju and Lacayo
NOES 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY CLERK-OF THE CITY OF CYPRESS