1975L19- PERMITS FOR CARNIVALS AND OTHER
ORDINANCE NO, 7..!J- - L - /9
AN ORDINANCE
REQUIRING PERMITS FOR CARNIVALS AND OTHER SIMILAR ITINERANT
ACTIVITIES WITHIN THE CITY OF SCHERTZ, TEXAS; DEFINING CER-
TAIN TERMS USED IN THIS ORDINANCE; SETTING THE REQUIREMENTS
FOR A PERMIT; RESTRICTING GAMES AND ACTIVITIES; SETTING
~EALTH REQUIREMENTS; PROVIDING FOR REVOCATION OF PERMIT
UNDER CERTAIN CONDITIONS; PROVIDING FOR PENALTIES FOR
VIOLATION OF THIS ORDINANCE; CONTAINING A SAVING CLAUSE;
REPEALING OTHER ORDINANCES IN CONFLICT; AND CONTAINING
OTHER RELEVENT MATTERS,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1, PERMIT REQUIRED
No carnivals, concessions, circuses, or similar temporary activity, as
defined below as "carnival", shall be held in the City of Schertz, Texas, unless
a permit has been approved by the City Manager.
SECTION II. DEFINITION OF TERMS
A. Carnival shall mean any itinerant carnival, circus, rodeo, fair,
festival, roller rink, etc, in which there are games, amusements, concessions,
rides, etc. and to which the public is welcome to attend for a fee, which is paid
either for entry to the grounds or for participation in the amusements,
B. Agent shall be construed to mean the owner, manager, lessee, or
attorney of a carnival, as defined above, or the person authorized to correspond
with the City in an official capacity.
C, Local civic organization shall mean any nonprofit or similar organ-
ization, whose primary function as an organization is not determined to be oper-
ating a carnival, and composed of membership mostly from Schertz or the surround-
ing Randolph subregion. It shall not mean a carnival, as defined above, sponsored
by a local civic organization,
SECTION III, REQUIREMENTS FOR PERMIT
The requirements for issuance of a permit will be as follows:
A. All requirements of the Zoning Ordinance must be met, especially
such that (1) the area of the proposed carnival must be zoned compatibly with
the carnival, and (2) there must be adequate parking so that no street is rendered
unable to be trafficked, and (3) hours of operation will be set by the City
Manager at the time of issuance of permit,
B, The City shall assess a permit fee upon issuance of the permit, at
a rate of $20.00 for the first three (3) days, and $15.00 for each additional
three (3) day period or fraction thereof, weekends and holidays included. If
the agent wishes to operate beyond the expiration of the permit, he/she must
get an extension at the rate of $15,00 for each three (3) day period,
C. Adequate provisions for law enforcement will be made before the
permit is issued, This will include pay for police officers needed during and
immediately before and after the operation of the activities and special fees
required for unusual circumstances, as agreed on by the City Manager, Chief of
Police, and the agent of the carnival, The assigned enforcement officer and
any assistance that they might need are authorized to enforce this Ordinance
and other re1event laws of the State,
D. If the carnival is to be held on City property, the permit fee
is not to be considered in lieu of any fee that may be required for the rental
of City land, if there is a fee, The Park Department Superintendent will notify
the agent of any special rules pertaining to the use of City property.
E. Adequate provisions for sanitation and public health must be shown
upon application for the permit,
F, Upon issuance of the permit, a two hundred dollar ($200) deposit
shall be filed with the City by the agent to insure that the area will be
adequately cleaned up after the acitvity is over. Upon satisfactory completion
of cleanup, and if all of the other conditions have been met, the City Manager
shall authorize release of the deposit to the agent. If adequate cleanup work
has not been performed, or other fees have not been paid, the deposit will be
used to complete the cleanup.
G, An organization classified above as a local civic organization
shall not be required to pay the permit fee nor a fee for use of City property,
except as stated above, but the City reserves the right to require the permit
fee if a professional carnival is sponsored by a local civic orgnaization, but
the fee for use of City property may still be waived if there are other events
going on, sponsored by the local civic organization.
SECTION IV, RESTRICTIONS ON GAMES AND ACTIVITIES
No activities sponsored by the carnival shall be arranged in a matter
so as to create a disturbance or cause a crowd to become unruly, Any game of
chance or skill shall not be contrary to the laws of the City or State, nor
shall any such game be controlled, fixed, or operated so as to deceive the
public concerning the possibility of winning the offered prize, Rules shall
be made clear at the beginning of each game, and shall not be changed as the
game progresses. The use of employees of the carnival to pose as players in
order to attract customers shall be prohibited. Any ride, game, or concession
(except where prohibited or restricted by law) must be open to everyone, and
all shall be subject to the same rules and regulations, thereby affording an
equal opportunity to win or enjoy the activity.
SECTION V. HEALTH AND SANITATION
At all hours of operation, there must be adequate provlslons made for
sanitation facilities, and other means of insuring the public health and safety
must be planned. Temporary facilities are permissable if they are properly
maintained, and if they are removed as soon as the carnival leaves the City,
Such sanitation facilities and safety provisions may include, but are not
limited to, restrooms, lights and access paths free of excessive mud or water.
SECTION VI, REVOCATION OF PERMIT
If it appears that the continued operation of the carnival shall
endanger the public health, create a nuisance, or if any of the provisions
of this Ordinance have been violated, the City Manager may, and shall have
the authority to, revoke the permit of the carnival and cause the activity
to cease. The Chief of Police and his appointed officers shall enforce the
revocation and see that all operations are closed and that all customers have
left the premises, The agent may appeal to the City Manager for restoration
of the permit if it can be shown that the facts were misrepresented, or if
there were extenuating circumstances beyond the control of the carnival that
can be alleviated. If the permit has been revoked and is not reissued, the
carnival shall clean up the area at the first available opportunity, Nothing
shall deny the agent the right to appeal such a decision to a court of record,
SECTION VII, PENALTIES FOR VIOLATION
Anyone found in violation of this Ordinance shall be deemed quilty
of a misdemeanor, and upon conviction thereof shall be punished by a fine not
to exceed two hundred dollars ($200). Each day of such illegal operation shall
be deemed a separate offense, and shall be punishable as such. Loss of the
$200 cleanup deposit shall not be deemed a fine or considered as such,
SECTION VIII. SAVING CLAUSE AND REPEAL OF ALL CONFLICTING ORDINANCES
If any part of this Ordinance is found to be unconstitutional or in
conflict with state and federal laws, that part shall be striken, but if the
striking of that section shall not render the rest of the ordinance inoperable
or unenforcible, the remainder shall stay in effect. All City ordinances or
parts of ordinances in conflict with this ordinance are hereby repealed,
PASSED, APPROVED AND ADOPTED on this the
1975.
,~d
day of ~A> J-
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/li. <-'~ ;r C ~~ .-
Mayor, City of Schertz, Texas
ATTEST:
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PUBLISHER'S AFFIDAVIT
The State of Texas
County of Guadalupe }
Before me, the undersigned authority, on this day personally appeared....................
............................()t;I1.a...?I'!:.s.J:lIlIT.!......................................., who being duly sworn says that
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a weekly newspaper published at ......................~IOf':\1.i.I1...............................h.........., in said
county and state and that ...............................................Tl()~.i.c.IO......................................m..'
a copy of which is hereto attached, was published in said newspaper on ...........................
Aur;ust 14, 1975
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PUBLISHER'S AFFIDAVIT
The State of Texas
County of Guadalupe }
Before me, the undersigned authority, on this day personally appeared...................
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a weekly newspaper published at ..........................S.~g~.1.n..................................."...., in said
county and state and that ..............................,.....................n.()~.l.c.e........................................,
a copy of which is hereto attached, was published in said newspaper on ...........................
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