Ordinance No. 1316 05-12-2014
ORDINANCE NO. 1316
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 28 CARNIVALS
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chapter 28 related to Carnivals be hereby amended and ordains as follows:
FRIDLEY CITY CODE
CHAPTER 28. CARNIVALS
28.01. DEFINITIONS
1.Carnival. A carnival means an aggregation of attractions, whether shows, acts, games,
vending devices or amusement machines, whether conducted under one or more managements or
independent, which are temporarily set up or conducted on public or private property accessible
to the public with or without an admission fee including, but not limited to, circuses, speed tests,
endurance tests, games of skill, mechanical amusement rides, and any other attractions or devices
which, from the nature of the aggregation, attract attendance of the public for their entertainment
and pleasure.
1. Carnival. A carnival is an outdoor event consisting of circuses, mechanical amusement
rides and other mechanical attractions or devices which attract attendance of the public for their
entertainment and pleasure.
28.01 02. LICENSE REQUIRED
No person shall give or maintain any circus or carnival to which an admission is charged or for
which admission fees are charged for any individual activities located on the premises property
without securing a license therefor.
28.02 03. APPLICATION
Application for such license shall be made to the City Clerk at least thirty (30) twenty (20) days
in advance of the scheduled date for such circus or carnival. The application shall state provide:
the full name and address of the applicant,
date, time, and location of the event, place and
sponsors of the event,
owner of the property, if different than applicant,
a written acknowledgement consenting to the use of the property from the property
owner, if different than the applicant,
an executed indemnification agreement; or
any other information required by the City. Said application shall also be executed by the
property owner, if different from the applicant.
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28.03 04. FEES
The license fee and expiration date shall be as provided in Chapter 11 of this Code.
28.04 05. OPERATION
Any operator or owner of a carnival shall maintain the property and the carnival and conduct said
carnival operations premises in a lawful manner. Said operator shall comply with all regulations
and statutes of the State of Minnesota, shall not maintain any nuisance or noise on said premises,
and shall not permit any intoxicating liquors or any immoral conduct or practices to exist on said
premises.
The City may impose any carnival license conditions or restrictions it deems necessary or
advisable in the public interest, including but not limited to conditions relating to the hours of
operation, the exterior or outside lighting of the carnival property and associated parking. The
City Council may also reserve the right to impose any conditions or restrictions at any time after
the issuance of a license hereunder should it become necessary.
28.05 06. PROPERTY CONTROL
1. Any operator or owner of a carnival shall control and direct the traffic and motor vehicles
entering and leaving its premises so that it does not interfere and block the orderly flow of traffic
on the public highways adjacent to said premises entering and leaving carnival property and
parking areas.
2. No trash, paper cups, papers or wrappers shall be allowed to be scattered on said
premises.
3. No bottles, bottle caps or metallic articles shall be deposited or allowed to lay on the
driveways and parking areas.
4. No motor vehicles shall stop or park on the shoulders of the public highway in the immediate
vicinity of the said premises during the hours the carnival is in operation.
28.06 07. INSURANCE AND BOND
1. Liability Insurance Requirements. The licensee shall obtain and keep in full force and
effect occurrence form comprehensive general liability coverage. Such coverage shall include
but not be limited to, bodily injury, property damage – broad form, and personal injury, for the
hazards of Premises/Operation, broad form contractual, independent contractors, and
products/completed operations to protect the City and the licensee against liability for injuries or
damage sustained by any persons as a result of the operation of the carnival, including but not
limited to operation of amusement rides. The licensee shall maintain the insurance coverage with
liability limits not less than $1,000,000 each occurrence and a $2,000,000 general aggregate or
the equivalent.
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2. Workers’ Compensation: The licensee shall obtain and maintain Workers’ Compensation
insurance in compliance with all applicable statutes.
3. Certificates of Insurance. Said licensee shall submit to the City Clerk satisfactory
certificates of insurance for the coverage required above. The City shall be named as an
additional insured on said certificates of insurance.
4. A cash deposit or bond of three thousand dollars ($3,000.00) $200 will be required to
insure applicant has completed the proper cleanup of the premises following the removal of the
carnival operations. The City Council may waive the deposit or bond requirement for City
carnivals associated with commemorating the city’s history.
28.08. INDEMNIFICATION
As a condition of and prior to the City’s issuance of the license, the licensee shall execute an
indemnification agreement with the City. The licensee shall defend, indemnify, and hold
harmless the City and its elected officials, officers, employees, agents, and representatives, from
and against any and all claims, including reasonable attorneys’ fees and other costs and expenses
of litigation, which may be asserted against or incurred by the City for claims arising out of the
operation of licensee’s carnival, violation of a term of the licensee’s license and City Code
Chapter 28. The licensee shall provide an executed indemnification agreement prior to the
City’s issuance of the license.
28.07 09. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provision of Chapter 901 of this Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
12 DAY OF MAY 2014.
__________________________
SCOTT J. LUND, MAYOR
ATTEST:
_________________________________
DEBRA A. SKOGEN, CITY CLERK
First Reading: April 28, 2014
Second Reading: May 12, 2014
Publication: May 23, 2014