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
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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 ,
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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
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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
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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
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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