HomeMy WebLinkAboutORD 12.14.1982 - Public Assemblages✓ 404
ORDINANCE # 82-34
CITY OF GEORGETOWN ORDINANCE SETTING OUT
DEFINITIONS REGULATING STRUCTURE AND MAINTENANCE
OF PLACES OF PUBLIC ASSEMBLAGES BY CIRCUSES,
CARNIVALS, AND OTHER EXHIBI'T'IONS FOR THE
PREVENTION OF BODILY INJURY OR LOSS OF LIFE AND
FOR THE GENERAL PROMOTION OF THE HEALTH, SAFETY,
AND WELFARE OF THE COMMUNITY AND DECLARING AN
EMERGENCY
WHEREAS, certain dangers and fire hazards exist whenever
circuses, carnivals and other public exhibitions are held in
the open or in tents, temporary structures and similar movable
facilities and there is a need to regulate such matters so that
the health, safety, and welfare of the community of the City of
Georgetown may be maintained
THEREFORE, BE IT ORDAINED by the City of Georgetown as
follows:
Section 1. (Definitions)
A. The term "carnival" as used herein shall be construed to
mean any show, amusement, entertainment, and or combination of
shows, entertainments, or amusements commonly designated or known
under the name of "traveling carnival or show" irrespective of
the name or designation thereof that may be used by the person
who operates the same or who may assist in the operation of same.
B. The word "operate" as used herein shall have the meaning
that is commonly given said word and it shall apply to and
include every person who is in any manner connected with
conducting the carnival.
C. The words "assist in operation" as used herein shall
include every person who may in any manner lend assistance to or
aid in the operation of the carnival and said words shall be
construed, applied to, and include any person who shall knowingly
grant, lease, or permit any lands under his control for use or to
be used as a site for such carnival.
Section 2.
It shall be unlawful for any person, firm or corporation to
place, set up or otherwise erect mechanical devices for purposes
of rides of amusement and to erect or cause to be erected any
temporary structures composed wholly or partly of canvas or
any other material to be used as a place of amusement or for any
other similar public assemblages= whether enclosed within a
1
405
structure or structures,
or not
involving games
of
skill or
chance or exhibitions
within
the city limits
of
Georgetown
without first having made an application for, and received, a
written permit to do so signed by the City Manager or other City
official designated by the City Council in accordance with the
conditions and limitations as set out in this ordinance.
A. The following are hereby excepted from the effect of
this ordinance:
1. Funerals
2. Religious services
00 3. Educational activities
CD Section 3.
I
The applicant for such permit shall file an application in
Q writing with the City Manager which application shall be
a
acc.ompanied by a set of building plans in duplicate, drawn to
scale:
A. The application and building plans shall indicate
clearly:
1. The type of construction;
2. The seating arrangement;
3. The aisles;
4. The structural details and calculations of the seats and
supports;
5. The location of all electrical wiring;
6. The location of all exits;
7. The location of all fire equipment within the structure and
the specifications of such equipment;
S. The location insofar as feasible of adjacent structures and
obstructions which might hinder the egress of persons from the
exits.
B. Such application shall further specify:
1. That no open flame shall be used within the structure;
2. The name of the person, firm, or corporation which will use
the structure;
2
ao�
406
3. The location of the principal place of business of such
person, firm, or corporation;
4. The names and addresses of the officers of such firm or
corporation;
5. T h e length o f time the structure is intended to be used for
the purposes applied for;
6. The hours of the day or night during which such structure is
intended to be used as a place of assembly;
7. What provisions have been made for sanitary facilities for
persons using the premises upon which such structure is to be
erected or is maintained;
8. Such other relevant information as the City Manager may
require.
C. No such permit shall issue until the applicant has
furnished evidence that a public liability insurance policy in
amounts of not less than ($500,000.00) for one person and
($1,000,000.00) for any one accident shall be in force and effect
at the time such structure is to be occupied as a place of
assembly by the public. Such policy shall be written by an
underwriter satisfactory to City Manager and said City shall be
assigned as a co-insured. City reserves the right to request a
greater amount of insurance coverage should it be required.
Applicant for permit must also show that it has Workmen's
Compensation insurance in effect for all employees, both
part-time and full-time. Said policy premiums must be shown to
have been paid through the day or days of the operationn of such
activity. The extent of said coverage to be in an amount
satisfactory to the City.
D. Further no permit shall issue until such applicant
shall deposit with the city treasurer cash in the sum of
$2,000.00 which shall be used by the City to pay for damage to
streets, sewers, trees or other city property, if any, and to pay
for the
removal or
cleanup
of
dirt, paper,
litter,
or other
debris,
if any. Such
cash as
is
remaining, if
any,
shall be
returned within a reasonable time to the applicant when the City
Manager indicates that the City has been fully reimbursed for its
expenses.
3
407
Said sum shall also be subject to claims from other agencies
or institutions which are part of the City of Georgetown.
Qmr,* i nn d
Prior to the issuance of the permit the fire marshall of the
City of Georgetown shall determine whether the applicant has made
provision for:
A. Adequate aisle seats, platforms, and poles;
B. Sufficient exits, well marked and properly lighted;
C. Lighted and unobstructed passageways to areas leading
away from the structure;
00 D. Removal before the structure is to be used as a place of
(D public assembly of any pole, rope, or other obstruction in aisle
or exit;
Q E. Inspection of the opening of each performance by a
a
qualified electrician to ascertain if any defects exist in the
wirin g and provision made for immediate correction of any defects
which may be found, the cost of inspection to be borne by the
applicant;
F. Sufficient first aid fire applicances to be distributed
throughout the structure with operating personnel familiar with
the operation of such equipment available and assigned during the
use of such structure as a place of assembly;
G. Sufficient "no smoking" signs visible at all times;
H. An employee at each entrance to require the
extinguishing of all cigarettes, cigars and other smoking
materials before allowing entry;
I. Announcement at frequent intervals to the persons in the
assembly of the fact that smoking within the structure is
prohibited;
J. Any use of open flames is prohibited;
K. The clearing of straw, dry grass, sawdust or any
combustible trash from the structure before it is open to the
public and arrangements made to keep the area where the debris
may be expected to accumulate well serviced, especially under
open seats;
4
®`
HE
L. Proper facilities for calling the City Fire Department;
M. Such special fire equipment of the City of Georgetown to
attend at such structure during its use as a place of public
assembly as the fire marshal may decide is necessary for proper
fire protection;
N. The attendance of such special police officers and
firemen as the fire marshal may deem necessary for the control of
persons in the assembly to prevent overcrowding, obstruction of
aisles, and exits and such other control as may be necessary to
render the occupation of such structures by the public safe, the
cost of which will be borne by the applicant.
0. The tent and canvas parts of the structure and all
combustible decorative materials including curtains, acoustic
materials, streamers, cloth, cotton batting, straw, vines,
leaves, trees and moss are to be rendered fireproof, the cost of
which is also to be borne by the applicant.
P. If the fire marshall of the city of Georgetown finds
that the provisions of this section of the Ordinance are complied
with and met in all respects by the applicant he shall issue to
direct or maintain such structure conditioned upon reasonable
limitations and requirements as he may deem necessary for the
safety of persons and property.
Section 5.
The operation of a carnival within a distance of less than
one thousand (1,000) yards of any private residence within this
City is hereby declared to be a nuisance and it is hereby made an
offense to operate or assist in the operation of such carnival at
any place within the City that is located within less than one
thousand (1,000) yards of any private residence that is situated
within the City. Any person who shall operate any such carnival
and/or who shall assist in the operation of a carnival at a place
that is located within less than one thousand (1,000) yards of a
private residence in this City shall upon conviction be punished
by paying a fine of not less than $2.00 nor more than $200.00 and
each day that such carnival may be so operated shall constitute a
separate offense.
5
H' 1
Section 6.
Prior to the issuance of the written permit by the City
Manager, City health officers shall make an inspection to
determine if provision has been made for satisfactory sanitary
facilities on or near the premises on which the structure is
maintained or is to be maintained.
Section 7.
Prior to commencement of activities and business the
permitee shall comply with the following:
A. Upon completion of said structure same shall not be used
as a place of assembly until the fire marshall has inspected the
CO00
entire premises upon which the structure is located.
Iq B. If the fire marshall finds that all of the limitations
0
'Q and requirements of the permit and this ordinance have been
a
complied with and the structure has been erected in accordance
with the plans and specifications submitted with the application,
he shall issue a permit to occupy said premises which is in
addition to the permit described above.
C. It shall be unlawful for any person to cause or permit
the occupancy of such structure as a place of assembly without
the issuance of both said permits as provided for herein.
D. If the fire marshall finds that such structure or the
premises on which it is located is being maintained in violation
of any of the provisions of the permit to erect or maintain any
of the provisions of this ordinance or in such a manner as to
constitute a fire hazard he may revoke the first said permit
provided for herein.
E. Any person, firm or corporation whose permit to occupy
has been revoked as aforesaid may within 10 days after the
receipt of a notice thereof appeal to the city council for a
hearing thereon and the decision of the council in this regard
shall be final. If no appeal is taken within 10 days as provided
herein the action of the fire marshall shall be final.
6
410
Section 8.
Any person who violates any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by fine of not less than $2.00 nor more
than $200.00.
Section 9.
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional or
otherwise invalid by any court of competent jursidiction such
decision shall not affect the validity of the remaining portions
thereof.
READ, PASSED AND APPROVED on first reading this Ath day of
November , 1982.
READ, PASSED AND APPROVED on second and final reading this
1.4j -h day of December , 1982.
ATT ST:
7DA
-
-\--
JIM COLBERT, CITY SECRETARY
APPROVED:
JOE B. MCMASTER, CITY ATTORNEY
LL c . Lp,
JRF
I (PN C. DOEER, MAYOR