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AMUSEMENTS, CARNIVALS, FAIRS OR SIMILAR USES 3-1. Policy of the City. 3-3. Adoption of Environmental Noise Control. 3-4. Definitions. 3-5. Fees. 3-6. Permit--Required and Conditional. 3-7. Permit--Application. 3-8. Permit--Issuance. 3-9. Appeal from action of City Manager upon failure to issue. 3-10. Duration of Temporary Permit. 3-11. Locations. 3-12. Insurance and Inspections. 3-13. Hours of Operation. 3-14. Security. 3-15. Removal of Equipment, Clearing Site. 3-16. Prohibitions. 3-17. Cooperation of Other Governmental Units. 3-18. Penalty.
It is the policy of the City government to provide opportunities for both nonprofit and for-profit persons and organizations to operate amusements, carnivals, fairs and similar uses and, at the same time, to assure all residents of the City safe, healthful, aesthetically and culturally pleasing functions while protecting against those uses which could be detrimental to the residents' health, comfort, convenience, safety and welfare. In order to carry out this policy it is the continuing responsibility of the City to review, coordinate, approve and enforce the provisions of this Chapter. Sec. 3-2. Other laws applicable. No carnival will be permitted within the City without a permit being obtained as provided for herein. No amusement, carnival, fair or similar use shall be operated in the City except in full compliance with this Chapter, nor shall any amusement, carnival, fair or similar use be operated in violation of any applicable law or regulation of any governmental agency having jurisdiction in the matter. A permit under this Chapter shall not allow the operation of an amusement, carnival, fair or similar use in such a manner as to constitute a public nuisance. Sec. 3-3. Adoption of Environmental Noise Control. Pursuant to the authority of Title 3 of the Health Environmental Article of the Annotated Code of Maryland, amusement, carnivals, fairs or similar uses in the City shall be fully subject to the provisions of the environmental noise standard, sound level limits, and noise control rules and regulations of the State of Maryland and the laws and regulations of the City unless the City enacts more restrictive regulations. "Nonprofit" shall mean that no part of the net earnings inure to the benefit of any private shareholder or individual, but said net earnings are exclusively devoted to charitable, social, civil or educational purposes. "Person" shall mean any individual, a nonprofit organization, a civic, religious, social and/or educational association, a corporation, a company, a firm, a partnership or a society. The fee for each amusement, carnival, fair or similar use permit shall be as set by the Council in its annual budget ordinance. Sec. 3-6. Permit--Required and Conditional. (A) It shall be unlawful for any person to erect any temporary structures to be used as an amusement, carnival, fair or similar use whatsoever within the limits of the City without having first made application for and received permission to do so by receiving a temporary use and occupancy permit from the City Manager. (B) The permit shall be granted upon receipt of a completed application and payment of the fee, but the permit so granted shall be conditioned upon full compliance during the operation of the amusement, carnival, fair or similar use with the provisions of this Chapter and all other applicable laws as provided herein. Sec. 3-7. Permit--Application. Application for a temporary use permit shall be made to the City Manager or his designee not less than thirty (30) days prior to the scheduled dates of the amusement, carnival, fair or similar use. The application signed by the sponsoring person or duly authorized agent shall provide the following information: 1. Name and address of the person sponsoring or owning the amusement, carnival, fair or similar use. 2. Name and address of the owner of the property upon which the amusement, carnival, fair or similar use is to be held. 3. A signed statement of permission to use the property from the owner of the property. 4. Name and address of persons providing mechanical equipment, amusement rides, and other temporary structures. 5. The scheduled dates of the event and the proposed hours of operation. 6. A sketch or map of the proposed site showing abutting properties and streets. 7. The number of structures to be erected including amusement rides and the general placement of same on site. 8. The number and size of vehicles that will be unloaded, loaded and temporarily parked on the site. 9. The security and safety to be provided. 10. The parking area designated for public use and the proposed entrances and exits. 11. The proposed public sanitary facilities. 12. The proposed trash control including who is supplying containers and how often they will be emptied. 13. The need for electricity and lighting on site and where lights will be located. 14. The use of temporary advertisement signs, if any. 15. Date and number of the County permit. 16. Any other special or unique circumstances or conditions associated with the temporary use or other information which may be required by the City Manager. Upon receipt of the application the City Manager shall inform the County police, fire and health departments of the proposed use and shall investigate any issues that are deemed necessary for the protection of the public health and welfare. Upon completion of this notification, investigation and payment of the permit fee, the City Manager may issue the permit required by this Article. Sec. 3-9. Appeal from action of City Manager upon failure to issue. An appeal from the denial by the City Manager of a permit application for an amusement, carnival, fair or similar use may be taken to the Board of Appeals of the City, which shall after public hearing upon reasonable public notice, affirm the action of the City Manager or overrule it and direct the City Manager to issue the permit. The Board of Appeals shall issue their decision within fifteen (15) days after hearing such appeal. Sec. 3-10. Duration of Permit. The permit for amusements, carnivals, fairs and other similar uses shall be good for a period of time not to exceed seventeen (17) days. No person, individually or on behalf of any nonprofit organization, civic, religious, social and/or educational association, corporation, company, firm, partnership or educational society shall be issued more than one (1) permit per year. The site of the amusement, carnival, fair or similar use shall be at least two hundred fifty (250) feet from any residential dwelling. In noncommercial, light or heavy industry zones it shall be located on a parking lot. The site shall be of sufficient size to accommodate the vehicles associated with the use as well as an area of sufficient size to accommodate the public vehicles attracted to the use. Public parking may be provided in the areas adjacent to the site where the City Manager finds there is not unreasonable impact on any public facilities or adjacent residential properties. Lighting used on the site shall be so arranged as to not reflect or cause glare into any residential properties. The City Manager may prepare a list of acceptable locations within the City. Sec. 3-12. Insurance and Inspections. The City Manager shall determine that the applicant has made provisions for public liability and workmen's compensation insurance, approval by the County Department of Health and Fire Inspections, sanitary facility needs and food handling and preparation shall be approved by the health inspectors. Sec. 3-13. Hours of Operation. The City Manager shall approve the hours of operation in all cases. All operations shall cease by 10:00 P.M. on Mondays, Tuesdays, Wednesdays, Thursdays and Sundays unless the following day shall be a State or Federal holiday, in which case they shall cease by 11:30 P.M. Operations shall cease at 11:00 P.M. on Fridays and Saturdays. Equipment shall not be installed or removed after 10:00 P.M. nor prior to 7:00 A.M. on any day. The applicant shall provide, at its own expense, sufficient police or private security guards on the site of the amusement, carnival, fair or similar use during the hours of operation and at all times the permit is in effect to maintain peace and to protect life and property on the site. The cost of such services, if any, shall be borne by the applicant. Sec. 3-15. Removal of equipment, clearing site. All material and equipment used in conjunction with the amusement, carnival, fair or similar use shall be completely removed from the site within twenty-four (24) hours after the closing. This includes the removal of all trash or any other matter of deposits of any kind generated by the use. Livestock shall not be boarded or remain on the site during the non-hours of public operation. Sec. 3-17. Cooperation of other Governmental Units. The City Manager or his designee shall communicate with any state or local governmental unit having permitting authority in this area to request that unit to cooperate fully and coordinate its activities with the City in carrying out the intent of this Chapter. Violations of this Chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Sections 6 and 6A. (Sec. 3-18 amended by O-17-94, adopted 10/3/94). |
 Bowie City Hall |
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