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HomeMy WebLinkAbout1976-1008 - Ordinance - 03/25/1976ORDINANCE NO. 1008 AN ORDINANCE RELATING TO REGULATION OF CIRCUSESi RODEOSP CARNIVALS, ETC. WITHIN THE CITY LIMITS OF THE CITY OF COLLEGE STATION, TEXAS: AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. AUTHORITY This ordinance is adopted under authority of the constitution and laws of the State of Texas, including particularly Chapter 231, Acts of the 40th Legislature, Regular Session, as heretofore or hereafter amended (compiled as Article 974a, V.A.C.S.), and pursuant to the provisions of the Charter of the City of College Station, Texas. SECTION 2. SCOPE AND PURPOSE This ordinance shall govern but is not limited to all shows, circuses, performances, exhibitions, or rodeo shows, menageries, carnivals, wild west shows, dramatic or theatrical productions, skating rinks or athletic competitions held or exhibited in or upon the streets or under any tent or in any airdome or on any grounds or in any hall or building within the city limits of the City of College Station other than as specifically exempted herein. Experience has demonstrated that these type activities may cause congestion and unnecessary inconveniences to the citizens of this community. Therefore, the regulation of the above mentioned activities is necessary for the protection of the public health, safety, and welfare of the citizens of College Station. SECTION 3. PERMIT It shall be unlawful hereinafter for any person, firm, corporation, association or joint stock company to give, conduct, exhibit or maintain any show, performance, exhibition or place of amusement of any character whatsoever within the city limits of the City of College Station, Texas, unless a permit to hold such exhibitions, shows, or performances is first obtained from the City of College Station as herein provided. All applications for a permit shall be made to the Chief of Police at least 72 hours in advance of the proposed opening date or time of said exhibitions, shows or performances. Said application shall be in writing and shall state the type of exhibition, show or performance, whether it will be in a tent, building, airdome or open arena; the location of the show or performance; the number of people to attend each performance or event; the proposed opening date; the period of time permit is wanted for; hours and days of week said exhibition or performance will be open to the public; the provisions to be made for parking and for vehicular ingress and egress; the nature and location of temporary signs; the zoning of the land upon which the show or performance will be held; and shall state what facilities the applicant has for the receipt and disposal of human and other wastes of all types. If in the opinion of the Chief of Police and after review by appropriate city departments or agencies including but not limited to the Fire Marshal, health officer and sanitation department, the proposed exhibition, show or performance appears to be composed of lawful amusements or is a lawful enterprise, and may be conducted without danger to health or safety or property, he may issue and permit upon the payment of the fee herein provided for and receipt of the cash bond herein provided for. SECTION 4. FEE AND CASH BOND The fee for any permit issued shall be ten dollars ($10.00) per performance. ORDINANCE NO. 1008 Page 2 A cash bond shall be required prior to the issuance of a permit, the bond to be of an amount to be determined in each case by the City Manager or his designated representative sufficient to cover the entire estimated cost of cleaning up debris caused by the said exhibition or show, its participants or spectators, and to cover potential damage to or littering of adjoining property. The amount of the said bond, less deduction for costs incurred by the city for clean-up or repair or replacement of city property damaged, lost or destroyed or for clean-up or repair or replacement of adjoining property damaged,lost, destroyed or littered as above mentioned, shall be refunded after an inspection of the premises made within ten days after the expiration date of the permit. SECTION 5. ADMINISTRATION AND SUPERVISION The Chief of Police and the Fire Marshal shall have full supervision of the regulation and policing of all exhibitions, shows and performances as set out in Section 2. The applicant shall provide persons for traffic control and fire safety regulation in such numbers as the Chief of Police shall require and whose qualifica- tions shall be satisfactory to the Chief of Police. Any person who shall ignore, disregard or violate any lawful order of a Police Officer or Fire Marshal shall be guilty of a misdemeanor, and subject to the penalty herein provided. Such disregard of lawful orders will be grounds for the revocation of the permit by the Chief of Police. SECTION 6. PENAL CLAUSE Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore shall be fined in any sum not to exceed two hundred dollars. Each violation of each provision or lawful order of a police officer or fire marshal shall be deemed to be a separate violation and punishable as a separate offense. It shall be unlawful for any exhibition, show or performance to operate, in whole or in part, after its permit expires or after it is revoked, and each person assisting in such operation shall be guilty of an offense. SECTION 7. SEVERABILITY CLAUSE The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of any competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance. SECTION 8. REPEAL CLAUSE All orders, ordinances or parts of ordinances in conflict with this ordinance, or inconsistent with the provisions of this ordinance are hereby repealed to the extent necessary to give this ordinance full force and effect. PASSED AND APPROVED this 25th day of March, 1976. APPROVED ATTEST- Mayor City Secretary