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