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HomeMy WebLinkAboutOrdinances - MC-07-908 - 02/05/2007 - Chapter 5 carnivals and circusesORDINANCE NO. MC-07-908 AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY OF MCHENRY MUNICIPAL CODE TO ADDRESS CARNIVALS AND CIRCUSES IN THE CITY OF MCHENRY, ILLINOIS WHEREAS, the Mayor and City Council have determined that it is in the best interest of the health, safety and general welfare of the citizens of McHenry to adopt additional regulations for carnivals and circuses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Chapter 5 of the Municipal Code shall be amended as follows to add a new Section 5-8: Sec. 5-8, Additional Requirements for Carnivals and Circuses A. Definitions. For the purposes of this Chapter, terms shall have the following meaning: Carnival. A traveling amusement show usually including rides, sideshows and games of skill. Circus. A traveling company consisting typically of a variety of performances by acrobats, clowns, and trained animals. B. Permit Required. A building permit is required for a carnival or circus, as defined herein. Such permit shall not be issued without first obtaining approval by the City Council with any conditions attached as the City Council deems appropriate to protect the health, safety and welfare of the public. C. Application. Not less than 45 calendar days before the carnival or circus, a building permit application shall be submitted to the Community Development Department, which shall include: 1. A site plan showing the layout of the event, including rides, tents, trailers, overnight quarters for security personnel (if applicable), and all wires, lines, cables, etc. 2. Certificate of insurance for a minimum $2,000,000 general liability, including bodily injury, property damage and motor vehicle liability, naming the City as an additional insured. A letter from the insurer stating there are no outstanding claims against the policy. 3. The filing fee, which is $50 for each day the event with run. Said fee may be waived for City -based not -for -profit organizations that submit a copy of their certificate of incorporation. 4. A letter of consent from the property owner if the event will be held on private property or a letter to the City Council requesting the use of public property. 5. Information on all proposed signs for the event, including number, size and location. 6. Copy of the McHenry County temporary food service permit, if applicable. D. Other Limitations. 1. The carnival or circus shall not exceed 10 days. 2. The carnival or circus shall not be located in or directly adjacent to any developed residential area, with the exception that it may be on a church, school or public park property even if located next to residential property. 3. The event must be operated or sponsored by a not -for -profit organization based in the City. 4. No private property location may host more than one carnival or circus per year. 5. No employee, agent or other representative of the carnival/circus may live, sleep or otherwise remain overnight on the premises of the carnival. Persons providing security on the site may receive an exemption from this requirement, upon approval by the City Council. 6. All carnival/circus workers must keep governmental issued photo identification on their person at all times during the public event. The government issued identification must be presented at any time to an officer of the City upon request. 7. Only those carnival/circus employees who have completed a background check through the McHenry Police Department will be permitted to work on the premises. The background check is valid for the calendar year in which it is conducted and is subject to review after the initial approval. No person will be allowed to work the event if he/she: ➢ Is a registered child sex offender; or ➢ Has been convicted of a felony in the past five years; or ➢ Has been convicted of any other crime involving moral turpitude or violence; or ➢ Is identified as a known gang member in the Illinois State Police LEADS system. ➢ Is deemed unfit for any reason by the City of McHenry Police Department. E. Additional Submittals. 1. Copy of an Illinois Department of Labor amusement ride permit. 2. List of employees who will work on the premises of the carnival/circus including their legal name, date of birth, home address and social security number. 3. All registered employees shall submit their fingerprints along with a completed police background authorization form. The fee for this service shall be $500 plus $50 for each employee. Volunteers for local not -for -profit organizations shall be exempt from fingerprinting. 4. Signed waivers of liability for all employees who will work on the premises of the carnival/circus. 5. Completed City carnival operator questionnaire, if required by City. F. Inspections. Any City official shall have free access to the carnival/circus grounds and all booths, shows and concessions at all times to ensure compliance with City, county and state ordinances and regulations. G. Revocation. The City may revoke a permit or carnival worker permit at any time and demand immediate cessation of the carnival/circus when it is found to be in violation of City, county or state ordinances and regulations or when public safety is endangered. SECTION 2. All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3. This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS � T y_ DAY OF FER R I I A R V , 2007 � � • ■ � : 11 • � � � � 1111 • • • 1 � 1 � 1 1 � NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NO N E APPROVED THIS 5TH DAY OF ATTEST: CITY C E FEBRUARY .2007 MAYOR