Ordinance 75-11 ORDIN~CE NO, 75-__1/.
A2~ ORDINanCE REGULA?ING COMMERCIAL CARNIVALS
AND EXIIIDITIONS INCLUDING ~NAGERI~.S, CIRCUSES,
SIDE SHO~S, AMUSE~ENT ACTIVITIES, RIDES ~ ~RRY-
~O-RO~DS, BOOTRS FOR CONDUCT OF GA~S OF SKILL
O~EN TO THE PUBLIC FOR ~ ADMISSION FEE, NOT
I~;CLUDING GALLING D~ICES~ ~ES OF C~CE,
LOTTERIES, PUNCH BOA~S OR OT~R ACTIVITIES IN
VIO~TION OF STATE ~ OR COLLIER CO~
ORDIf~CE~ INCO~O~TIN~ MINI~M HE~TH ST~-
DARDS BY ~FR~NCE, ~QUIRIN~ A PRIOR PE~IT;
~QUIRING INSPECTIONS ~D SUR~IL~CE;~-
QUIRING A SU~TY BOND SUBJECT TO FO~ITU~
FOR NON-COmPLIANCE; PROVIDIN~ FOR FO~EITU~
OF BOND, ~VOCATION OF PE~IT ~D PEN~TIES
FOR VIO~TIONS; ~D PROVIDIN~ ~ EF~CTI~ DA~.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDAt
SECTION ONEt
1. Definition of a Carnivalt
For the purpose of this Ordinance the word #carnival" shall be
defined as 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 chancel
and freak and similar novelty shows not prohibited by State law to
be open to the public for an admission or participation fee.
2. Carnival or Exhibi.~ionI Prior. Permit Required~ Definition:
It shall be unlawful for any person, firm, corporation or
association to conductl or allow to be conducted on property he
or it controls, has a right to or purports to control~ a carnal
therefor in accordance with this Ordinance. ~ ~ ~
3. App.!ication and Fcc for Pe~it. A r~n~mum of twe~ (2~ ~
for a pe~lt shall be s~mitted to the County Manager 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.
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 any one person and $300,000 for
any ono incident.
c. A non-refundable fee of $50.00.
d. A current occupational license issued by the Collier
County Tax Collector, end
e. Including the following information:
1) The nam. and headquarters address(es) of the
carnival or exhibition company(les) with a direct or
Indirect financial lnterest~ name(s) and address(es)
of any sponsoring organization(s), and the name and
local address of the applicant representing the carnival
or exhibition company(les)~
2) A.description of the every activity to be
conducted such as but not limited to, manageries~ circus
and side-show performances~ amusement, merry-go-round
and other ride activltiea~ 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, identification and social security number
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 facilitiea~ parking faciltiee,
and provision for lighting and public water~
5) Application for Food Establishment Operating
Permit from the County ~ealth 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.
4. The County Manager 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
place the application on the Agenda of tho next regular meeting of
the Board of County Commissioners for approval or disapproval.
5. Standards and Approval:
The Board of County Commissioners shall approve or disapprove
issue of tho permit based upon the following criteria:
a. ~ealth Department tentative approval of the sanitary
facilitie~" and food service equipment specified in the applica-
tion based upon regulations of the County ~ealth Department,
including an application as required in Ordinance
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 (1) person qualified a~
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 fo= such
use.
d. The validity of the surety bond in the amount of $2,500
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. puratipn of Permit. The duration of the permit shall
not exceed five (5) calendar days.
6. ~uty 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, 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 that the
public is protected from potential hazards such as broken or
exposed belts, goers and sw~tches.
c. No food service shall be placed In operation for
public usa 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 identi-
fication 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.
7. The County Manager 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.
8. Waiver of Requirements.
Upon recommendation of the County Manager, the Board of County
Commissioners may grant a waiver from the requirements of this
Ordinance for the issuance of a permit to a church, eleemosynary,
or other non-profit organization.
9. yiolatio~sf~ Penalties and Remedies,
Any violation of or deviation from any condition or provision,
plan, description or identification or any activity or parson or a
material misrepresentation in the application for a permitl 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 Co~nty grounds for immediate
revocation of the occupational license and cessation of the activities
and for the forfeiture of the $2,500 penal bond required herainabova
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 TWOI
1. Penalty. A violation of any provision of this Ordinance ia
a misdemeanor and shall be prosecuted in the name of the State in
the County Court by the Proseouting Attorney, and upon conviction
shall be punished by a fine not to exceed $500.00 or by ~mprisonmsnt
in the County Jail not to exceed sixty (60) days, or by both such
fine and imprisonment. Each violation and each day a violation
continues shall constitute a separate offense. The Board of County
Commissioners shall have the power to collaterally enforce the pro-
visions of this Ordinance by appropriate Judicial Writ or proceeding
notwithstanding any prosecution as a misdemeanor.
2. Conflict. In the avant this Ordinance conflicts with any
other Ordinance of Collier County or other applicable law, the more
restrictive shall apply. This Ordinance shall not apply in any
municipality within Collier County unless the municipality adopts a
resolution or takes other official action requesting that the County
enforce this Ordinance within the limits of its municipal ~urisdiction.
3. Severance. Xf any phrase or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a saparata~
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
4. Liberal Construction. The provisions of this Ordinance shall
be liberally construed to effectively carry out its purposes in the
interest of the public health, safety, wel£are and convenioncu.
5. Effective Da~e. Th~s Ordinanoe shall take af£oc~ upon
recoip~ o£ notice that it has been filed with ~ha Secretary of
Dated~ March ~ 1975
ATTEST:
}~RGARET T. SCOTT
Cler~of circuit~-Ourt
~ ~ Deput~ Clerk
BO]~tD OF COUNTY COMMZSS.'(O~IERS
COLLIE~TY, FLORIDA ........... ~
Approve~ as ~o form an4 legalltM~
d EmersOn gruner
Collier County'Attorney