Loading...
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. Ordinance No. 1316 Page 2 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. Ordinance No. 1316 Page 3 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