HomeMy WebLinkAboutORD 12.15.1982 - Public AssemblagesCI TY OF GE ORGET OWN ORDINANCE SE TTIN G OUT DEFINITIONS RE GULATING ST RUCT URE AND MAINT E NANCE OF PLACE S OP PUBL IC ASSE MBL AGE S BY CIRCU SE S, CARNIVAL S, AND OTHER EXHIB IT IONS FOR THE PREVE NT ION OP BODILY INJURY OR LOSS OF LIFE AN O FOR THE GE NERAL PROMOTION OF THE HEAL TH, SA FETY, AND WEL FARE OP THE CO MMU NITY ANO DECLARING AN EMERGE NCY
WH EREAS, certain dangers and fire hazards exist wh enever
circuses, carnivals and other public exhibitions are held in
th e open or in ten ts, temporary structures and similar movable
facilities and th ere is a need to regulate su ch matters so tha t
the health , safety, and welfare of the community of the Ci ty of
Geo rgetown may be maintained
THERE FORE , BE IT ORDAI NED by the Ci ty of Ge o rgetown as
follows:
Se ction 1. (Definitions)
A.The term •carnival• as used herein sh all be construed to
mean any sh ow, amusement, en tertainmen t, an d or combin ation of
sh ows, entertainments, or amusements commonly designated or known
under th e name of •tr aveling carnival or sh ow• irrespective of
th e name or designation th ereof th at may be used by the person
who operates th e same or who may assist in th e operation of same.
B.The word •operate• as used herein sha ll have the meaning
th at is commonly given said word an d it sh all apply to and
in clude every person wh o is in an y manner conn e cte d with
conducting the carnival.
c.The words •assist in operation• as used herein sh all
• ¥ ,w' ... , -; include every person who may in any manner'lend assi stance to or
aid in the operation of the carnival and said words sh all be
construed, applied to, and in clude any person who sh all knowingly
gran t, lease, or permit any lands under his control for use or to
be used as a site for such carnival.
Se ction 2.
It sh all be unla wful for an y 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 structu res co mpos ed wh olly or partly of canvas or
any other material to be used as a place of amusement or for any
other similar publ ic assembl ages1 wheth er en clos ed within a
1
structure or
structures,
or not
involving
games of skill or
limits of Georgetown
chance or
exhibitions
within the city
or and received,
a
without
first having made an
applicationf
do so signed by the City
Manager or other City
written
permit to
d b the City
Council in
accordance
with the
official
designate Y
itions and
limitations as set out in this
ordinan
the effect of
cond
excepted
from
A. The following
are hereby
this ordinance:
1. Funerals
2.
Religious services
3.
Educational activities
Section 3. in
The
applicant
for such
permit shall file an
application
the City
Manager which
application
shall be
writing with licate, drawn to
accompaniedbyasetofbuildingplansindup
scale: - lens shall
indicate
A The
application
and building P
clearly:
1. The type of
construction;
2. The seating
arrangement;
3• The aisles;
4; The stru ctura1
details and
calculations
of the seats an
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
of such
equipment;
ent
structures
and
S. The location
insofar as feasible of
adjscof per
from the
obstructions
which might hinder the egress
exits.
specify:
B. Such
application
shall further
hat no open
flame shall be used within the
structure;
will u s el• T oration whic
2. The name of the person,
firm, or corp
the structure;
3
2
3. The location of the principal place of business of such
person, firm, or corporations
4. The names and addresses of the officers of such firm or
corporations
5. The 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
1,000000.00) 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 i t s
expenses.
3
3
Said sum shall also be subject to claims from other agencies
or institutions which are part of the City of Georgetown.
Section 4.
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;
D. Removal before the structure is to be used as a place of
public assembly of any pole, rope, or other obstruction
in aisle
or exit;
E. Inspection of the opening of each performance by a
qualified electrician to ascertain if any defects exist in the
wiring 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;
R. 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;
A 4
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 a s 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.
O• 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
s
Section6' the City
Prior to the issuance of the written permit by
to
Manager, City health
officers
shall make an
inspection
determine if provision has been made for satisfactory sanitary
cilities on or near the premises on which the structure is
fa ,
maintained or is to be maintained.
Section 7.
Prior to
commencement
of
activities
and business the
permitee shall comply with the followings
A. Upon completion of said structure same
shall not be used
lac a of assembly until the fire marshall has inspected the
as a P
entire premises upon
which the structure
is located.
B. If the fire marshall
finds that all of the
limitations
and requirements
of the permit and this ordinance have been
com lied with and the structure has been erected in accordance
P lication,
with the plans and specifications submitted with the app
is in
he shall issue a permit to occupy
said premises w
addition to the permit
described above.
permit
C. it shall be unlawful for any person
to c ause or
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
arin thereon and the decision of the council in this regard
he g rovided
shall be final. if no appeal is taken within 10 days as P
herein the action of the fire marshall shall be final.
6 U
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 9th day of
November , 1982.
READ, PASSED AND APPROVED on second and final reading this
14th day of December , 1982.
U. (0-1 All' -
JO C. DOER LE r MAYOR
ATTEST:
JIM COLBERT, CITY SECRETARY
APPROVED:
JOE B. MCMASTER, CITY ATTORNEY
I