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Ordinance 1975-17 FHD:GKH ORDINANCE NO. l , AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF CIRCUSES, CARNIVALS AND OTHER EXHIBITIONS WHEREAS, the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE has considered it in the best interests of the public health, safety and welfare to identify and regulate and to require licensing for the same of circuses, carnivals and public exhibitions. NOW THEREFORE, BE IT ORDAINED by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Illinois as follows: SECTION 1: License required. It shall be unlawful to conduct or operate within the City any exhibitions or carnivals which are open to the public without first securing a license therefor; provided, however, that this Section shall not apply to those amusements or exhibitions which are specifically licensed in other Sections of this Ordinance. SECTION 2 : Definitions. The term "exhibitions" , as used in this Ordinance , shall mean and include circuses, menageries, carnivals, side shows and other similar amusement enterprises which -t- are open to the public. The term "carnival" , as used herein, shall mean and include amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities and side shows. A carnival shall not include gambling devices, games of chance , lotteries, punch boards or other activities in violation of City Ordinances. SECTION 3: Application and condition of license. Application for such licenses shall be made to the City Clerk, and shall state the name of the applicant, the permit or licenses desired, the location to be used, if any, the time covered, and the fee to be paid; each application shall contain such additional information as may be needed for the proper guidance of City officials in the issuing of the permit or license applied for. In addition to these requirements, the applicant shall furnish suitable evidence of his intention and ability to comply with the following conditions: The operator and sponsor of the carnival or exhibition shall each be wholly responsible for maintaining order and for keeping the site clean and free of trash, papers and other debris. Trash containers in adequate number shall be placed in convenient locations for use by the public. Adequate safeguards shall be placed to protect both operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears , -3- electrical switches and other possible or potential hazards of rides or other items covered by this Ordinance. SECTION 4 : Licenses, fees. Upon satisfactory application being made and approved by the appropriate City officials or employees, the City Clerk shall issue such license. A minimum fee for all exhibitions , carnivals, menageries and side shows shall be $300. 00 to defray reasonable expenses for inspection and issuance of licenses in conformance with this Ordinance. No fee shall be charged for any amusement, exhibition or carnival where the same is sponsored or given for the benefit of any religious, educational, charitable, social or fraternal organization. SECTION 5: Insurance. No license shall be issued for conducting an exhibition or carnival until the applicant therefor has placed on file with the City Clerk a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use or operation of any and all devices and facilities operated in connection with such carnival or exhibition. Such insurance shall be in the minimum amount of $100 , 000. 00 -4- for each person and $300 , 000. 00 for each accident. SECTION 6 : Nuisances. No exhibition or carnival , licensed or not, shall be so conducted or operated as to amount to a nuisance in fact. SECTION 7: Inspection. Whenever inspections of the exhibition or carnival are reasonably necessary to secure compliance with any Ordinance provision, or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto, for the purpose of making the inspection, any officer or employee of the City who is authorized and directed to make such inspection at any reasonable time that an inspection is requested. Whenever an analysis of any commodity or material is reasonably necessary to secure performance of any Ordinance provision, or to detect violations thereof, it shall be the duty of the exhibition or carnival licensee to give to any authorized officer or employee of the Village requesting the same sufficient samples of such material or commodity for such analysis upon request. In addition to any penalty which may be provided, the Mayor may revoke the license of any licensed proprietor of any licensed business in the City who refuses to permit any such officer or employee, who is authorized, to make -5- such inspection, or to take such sample to make the inspection, or to take an adequate sample of the said commodity, or who interferes with such officer or employee while in the performance of his duty in making such inspection, provided, however, that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the City, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample. SECTION 8: Revocation. Any exhibition or carnival license or permit for a limited time may be revoked by the Mayor at any time during the life of such license or permit for any violation by the licensee or permitee of the Ordinance provisions relating to the license or permit, the subject matter of the license or permit, or to the premises occupied. Such revocation may be in addition to any fine imposed. SECTION 9 : Posting license. It shall be the duty of any person conducting a licensed exhibition or carnival in the City to keep his license posted in a prominant place on the premises used for such business at all times. SECTION 10 : Supervision. For the purpose of preserving and maintaining order, a sufficient number of policemen shall be admitted r -6- to such exhibitions or carnivals free of charge. SECTION 11: Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance shall be fined not less than $500. 00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 12 : This Ordinance shall be in full force and effect from and after its passage and publication as provided by law. SECTION 13: The effective provisions of Ordinances passed heretofore and not inconsistent with the provisions of this Ordinance are hereby expressly ratified, and all provisions inconsistent herewith are expressly repealed. PASSED this day of A. D. 1975. City lerk SIGNED and APPROVED this day of , A.D. 1975. Mayor