§ 4-3-23 - APPLICATION PROCEDURE.
(A) An applicant shall submit an application for a permit to the building official.
(B) The building official may issue a permit if:
(1) the applicant has obtained a public liability insurance policy effective during the term of the permit in an amount of no less than $100,000 for each person, and $350,000 for each event;
(2) except as provided in Subsection (C), each permitted activity is conducted not less than 1,000 feet from the nearest residential property;
(3) the applicant's use of sound equipment is restricted to the hours between 8:00 a.m. and midnight;
(4) the applicant pays the permit fee established by separate ordinance; and
(5) the applicant pays a security deposit of not less than $1,000, by cash bond or certified check, to ensure proper cleanup of the circus or carnival area, and adjacent streets and public areas.
(C) Subsection (B)(2) above does not apply to an activity:
(1) authorized by the City at a City-owned auditorium, coliseum, or convention center;
(2) approved by the council, based on the building official's recommendation and findings that the occupants of adjacent residential property will not be adversely affected by an increase in on street parking, noise, or litter as a result of the proposed carnival or circus activities; or
(3) operated for not more than 10 days, approved by the building official, involving only a ride or game designed for children less than 12 years of age.
(D) The restrictions prescribed in Chapter 9-2 (Noise and Amplified Sound) and Section 14-8-34 (Permit Required for the Use of Sound Equipment) do not apply to sound equipment authorized by Subsection (B)(3).
(E) After an inspection of the circus or carnival area, the building official may refund a permittee's security deposit less the cost to the City for services, clean-up, or other expenses.
Source: 1992 Code Section 8-4-26(B) and (C); Ord. 031023-12; Ord. 031211-11.
