Ordinance 2006-16
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to ORDINANCE NO. 2006- ~
\ IBllVLll~ ~ D1NANCE OF THE BOARD OF COUNTY COMMISSIONE~~ g
+A LIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.1' ;.:
7~I~ttLO"6. AMENDED, WHICH REGULATES COMMERCIAL CARNI es;g
AND EXHIBITIONS, AND IS CODIFIED IN CHAPTER 10, ARTICL ii, ~
OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COU ,
IN ORDER TO INCREASE THE MINIMUM TIME TO SUBMI:Jq~ ~
PERMIT APPLICATION FROM 20 TO 30 DAYS; ALLOW SUBMIT~ C?
OF A PERMIT APPLICATION TO A DESIGNEE OF THE COU~ .r:::-
MANAGER; CHANGE THE FEE FROM $200.00 TO AN ADOPTED Mm N
SCHEDULE; DELETE THE REQUIREMENT FOR SUBMITTAL OF A
SOCIAL SECURITY NUMBER; PROVIDE FOR ADMINISTRATIVE
APPROVAL OF A PERMIT; PROVIDE FOR CONFLICT AND
SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDE AN EFFECTIVE DATE.
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WHEREAS, on March 8, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75-11, which regulates commercial carnivals and exhibitions and is codified in
Chapter 10, Article II of the Collier County Code of Laws and Ordinances; and
WHEREAS, on December 30, 1980, the Board adopted Ordinance No. 80-114,
amending Ordinance No. 75-11 by adding "County Manager" to the definitions; and
WHEREAS, on November 9, 1982, the Board adopted Ordinance No. 82-111, further
amending Ordinance No. 75-11, as amended, by providing for inspections of carnival and circus
rides by the County Manager's designee and waivers of requirements for permits by the Board of
County Commissioners; and
WHEREAS, on February 22, 1983, the Board adopted Ordinance No. 83-6, further
amending Ordinance No. 75-11, as amended, increasing the permit fee from $50.00 to $200.00,
which would be applied to: 1) permit processing; 2) fire and safety inspections; and 3) electrical
and structural inspections; and
WHEREAS, the Board wishes to further amend Ordinance No. 75-11, as amended, in
order to increase the minimum time to submit a permit application from 20 to 30 days, allow
submittal of a permit application to a designee of the County Manager, change the fee from
$200.00 to an adopted fee schedule, delete the requirement for submittal of a social security
number, and provide for administrative approval of a permit.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Section One of Ordinance No. 75-11, as amended, is hereby amended to
read as follows:
1. Definitions:
Carnival means any activity whether private or commercial characterized by such
activities as menageries; a circus, sideshow performances, ferris wheels and other ride activities,
food and drink dispensing facilities; booths for the conduct of games of skill and chance; and
freak and similar novelty shows not prohibited by State law to be open to the public for an
admission or participation fee.
County Manager means the County Manager or his designee.
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Page 1 of 5
2. Carnival or Exhibition, Prior Permit Required, Definition.
It shall be unlawful for any person, firm, corporation or association to conduct; or allow
to be conducted on property he or it controls, has a right to or purports to control; a carnival or
exhibition as defined herein without first obtaining a permit therefore in accordance with this
Ordinance.
3. Application and Fee for Permit. A minimum of t';..enty 20 thirty (30) days before
occupying the carnival or exhibition site an application for a permit shall be submitted to the
County Manager or his designee in four (4) copies accompanied by:
a. A surety bond in the penal sum of $2,500.00, issued by a company authorized to
issue such bonds in Florida, conditioned upon the operator complying with each
provision of this Ordinance and subject to forfeiture under the terms provided in
Paragraph 8- 10 hereinbelow.
b. Evidence of current public liability insurance coverage, issued by a company
authorized to do business in Florida, in the minimum amount of $100,000 for anyone
person and $300,000 for anyone incident.
c. A non-refundable fee of $200.00 In accordance with the current adopted fee
schedule for the following.
I) Permit Processing
2) Fire and Safety Inspections; and
3) Electrical and Structural Inspections
d. A current occupational license issued by the Collier County Tax Collector, and
e. Including the following information:
1) The name and headquarters addressees) of the carnival or exhibition
company(ies) with a direct or indirect financial interest; name(s) and addressees) of
any sponsoring organization(s), and the name and local address of the applicant
representing the carnival or exhibition company(ies);
2) A description of every activity to be conducted such as but not limited to,
menageries; circus and side-show performances; amusement, merry-go-round and
other ride activities; food and drink dispensing facilities; booths for conduct of games
of skill or chance not prohibited by State law to be open to the public for an
admission or participation fee and number of persons to operate the activities;
3) Name, and identification and social seClifity fll:lmber of each person
accountable for the operation of each activity;
4) A description and sketch of the site showing the location of each activity
proposed, the location and number of sanitary facilities; parking facilities, and
provision for lighting and public water;
5) Application for Food Establishment Operating Permit from the County
Health Department as required by Ordinance 74-45;
6) The plan for refuse, garbage, debris, and sewage disposal during and after
operation of the circus or exhibition;
7) Provisions for traffic control, fire safety and security precautions;
8) The date and time each activity is to be conducted and concluded;
9) Written approval from the owner of the property authorizing the use of his
premises for such carnival activity.
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4. Except as set forth below, +!he County Manager or his designee shall review the
application and forward one (1) copy to the Sheriff and one (1) copy to the Health Department
for review, comment and return within seven (7) calendar days to the Department of Zoning and
Land Development Review to place the application on the Agenda of the next regular meeting of
the Board of County Commissioners for approval or disapproval.
2. Administrative Approval
a. Previouslv-aoDfoved events: Instead of placing the application on the Agenda,
the County Manager or his designee may, in their discretion, administratively approve
(but not disapprove) any application for a carnival permit where the event being applied
for ("proposed event") is substantially identical to an event for which the Board of
Countv Commissioners ("Board") previously approved a permit application ("BCC-
approved event").
b. Basis of Staff determination: In making the determination whether an application
for a proposed event is substantially identical to a BCC-approved event, the County
Manager or his designee shall consider the characteristics of the proposed event as
compared to the prior BCC-approved event, including but not limited to the event
description: event title; identity of event sponsor(s) and/or permit applicant(s); event date,
time and location; recency of the prior BCC-approved event; the compatibility of the
proposed event with surrounding land uses; and the potential for unanticipated impacts of
the proposed event on surrounding areas. Any uncertainty as to whether or not permit
approval can be administratively approved shall be resolved in favor of Board review.
6. ~ Standards and Approval:
The Board of ComIty Commissioners sl'lall appro'l6 or disapprove issue of the Approval
or disapproval of the permit shall be based upon the following criteria:
a. Health Department tentative approval of the sanitary facilities and food service
equipment specified in the application based upon regulations of the County Health
Department, including an application as required in Ordinance 74-45.
b. Sheriff's Office review and approval of the petition including but not limited to
the provisions made for traffic and crowd control. A minimum of one person qualified as
a police officer, sheriff or a licensed private investigator of the State of Florida shall be
provided for each five hundred (500) patrons in attendance. Such provision shall be at
the expense and cost of the petitioner.
c. The availability of a minimum of one (1) parking space for each five (5) patrons.
Such parking space shall be provided on the same property on which the carnival
activities are to be conducted or on contiguous lands approved by the owner for such use.
d. The validity of the surety bond in the amount of $2,500.00 conditioned upon
compliance with this Ordinance.
e. A permit may be denied for failure to comply with any criterion hereinabove.
f. Issue of the permit shall authorize the persons listed in the application to engage
in the activity indicated therein excluding any violation of Federal, State or Local law.
g. Duration of Permit. The duration of the permit shall not exceed five (5) calendar
days.
1.6 Duty of the Carnival or Exhibition Operator(s), Sponsor(s) and Owner(s)' Bond
Forfeiture for Non-Compliance.
a. The operators, sponsors and owners of the carnival or exhibition shall each be
cumulatively and severally responsible for each person operating each activity,
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complying with each term of this Ordinance, maintaining order at all times and for
maintaining the premises free of trash, paper, garbage and debris.
b. No ride shall be placed in operation for public use prior to inspection and
approval by the County Manager, or his designated representative or his designee that the
public is protected from potential hazards such as broken or exposed belts, gears and
switches.
c. No food service shall be placed in operation for public use prior to inspection and
approval by the County Health Department and the issuance of a permit to operate.
d. Representatives of the Sheriff's Department and any other County official having
official business pertaining to the enforcement of these regulations, shall upon
identification of his person, be admitted to the premises and any activity without charge
to conduct inspections and assist the Operator meet his responsibilities under this
Ordinance.
~. +- The County Manager or his designee is authorized to release the surety bond only
after verification that the operator has complied with each term of this Ordinance including the
removal of trash and debris from the premises and the restoration of all sanitary facilities to a
condition existing at the time the permit was issued.
2..w- Waiver of Requirements.
Upon recommendation of the County Manager, the Board of County Commissioners may
waive any requirement of this article for the issuance of a permit to a church, eleemosynary, or
other nonprofit organization. However, nothing contained herein shall be construed as
permitting the board of county commissioners to waive occupational license requirement
pursuant to Ordinance 81-42.
10. 9 Violations, Penalties and Remedies.
Any violation of or deviation from any condition or provision, plan, description or
identification or any activity or person of a material misrepresentation in the application for a
permit; or the failure of any person operating any activity associated with the carnival or
exhibition to comply with each provision of this Ordinance, shall be upon written notice from the
County grounds for immediate revocation of the occupational license and cessation of the
activities and for the forfeiture of the $2,500.00 penal bond required hereinabove after hearing by
the County Court in addition to any other remedy or penalty provided by law. Each violation
shall constitute a separate offense.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The sections of the Ordinances may be renumbered or re-Iettered and
internal cross-references amended throughout to accomplish such and the word "ordinance" may
be changed to "section," "article," or any other appropriate word.
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SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall be effective subject to filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 1\ tb day of Apr;{ ,2006.
ATTEST
DwightEBrock, CI~rk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~~2~ /
FRANK HALAS, Chairman
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This ordinance filed with the
Secretary of ~e's OffiC~
.QlL day of oJ / L
an? ackno.wledge~en..! >U that
f"mg~ed th" ~ doy
of 14 _ {\~I~
o.'P\)ty Clerk
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-16
(Replacement/Revised)
Which was adopted by the Board of County Commissioners
on the 11th day of April, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of April, 2006.
DWIGHT E. BROCK
. .. - ~.
Clerk of Courts and tlerk--
Ex-officio to Board of '
County Commissioners
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~B~: Heidi R. Rockhold, -
Deputy Clerk