Chapter 18 - CIRCUSES AND ASSEMBLIES IN TEMPORARY STRUCTURES

Sec. 16.36. - Markers; Plantings. Chapter 18A - PARKS AND RECREATIONAL FACILITIES Chapter 18 - CIRCUSES AND ASSEMBLIES IN TEMPORARY STRUCTURES[1]

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Editor's note— Ord. of 6-30-1980, § 1, repealed former ch. 18, §§ 18.01—18.20, and enacted in lieu thereof a new ch. 18, §§ 18.01—18.13, pertaining to the same subject matter. Former ch. 18 was derived from Code 1948, §§ 23.01—23.16.

Sec. 18.01. - Permit Required; Fee; Duration of Permit.

(1)

Any person proposing to conduct a circus, sideshow, bazaar, revival meeting or any other outdoor show or assemblage for any purpose whatsoever, in/under any tent or other temporary structure, shall first procure a permit from the Office of Permitting Services.

Exception: Tents and shade shelters up to and including 225 sq. ft. (15′ × 15′) in area shall not require a permit.

(2)

A fee as prescribed by City Council resolution to cover the expenses incident to processing of the application for permit and to cover the costs of inspections in connection therewith shall be paid to the City of orlando by the person applying for the permit at the time of filing of the application.

(3)

The permit shall be valid for a period of no more than sixty (60) days from date of issuance.

(Ord. of 6-30-1980, § 1; Ord. of 2-10-1992, Doc. #25463; Ord. of 12-13-1999, § 4, Doc. #32494)

Sec. 18.02. - Inspection and Approval Prerequisite to Issuance of Permit.

(1)

No permit shall be issued for any assembly referred to in Section 18.01, nor shall any such assembly be permitted to take place or to proceed, until an inspection of the premises and the tents or other temporary structure shall have been made by the Office of Permitting Services and the City Police and Fire Departments and, where sanitary facilities are provided, by the Orange County Health Department.

(2)

In addition to the inspections referred to above, the City Planning and Zoning Bureau shall review the application to ensure compliance with other applicable provisions of this Code, and approval by the Transportation Engineer, or his designee, shall be obtained when public rights-of-way are utilized.

(Ord. of 6-30-1980, § 1; Ord. of 3-18-1985, Doc. #19289; Ord. of 12-13-1999, § 4, Doc. #32494)

Sec. 18.03. - Responsibility for Inspection.

The inspections referred to in the preceding section shall be made by representatives of the Office of Permitting Services and the City Police and Fire Departments and by the Orange County Health Department, where applicable, acting in cooperation for the purpose of determining compliance with applicable codes for the protection of the public health, safety and welfare.

(Ord. of 6-30-1980, § 1; Ord. of 12-13-1999, § 4, Doc. #32494)

Sec. 18.04. - Nature of Inspection.

The inspection required by this Chapter shall include and must find that:

(1)

The grounds are safe for use by the public, no conditions exist that are liable to cause injury and the premises are sufficiently clear of straw, dry grass or combustible trash or other substance;

(2)

The seats, platforms, poles and all other portions of the structure are sufficiently sound, stable and secure to ensure the public safety;

(3)

Provisions have been made for a sufficient number of aisles and exits to ensure lighted and unobstructed passageways to areas well away from the tent or other place of assembly;

(4)

Adequate provisions have been made for first aid in case of injury and for emergency fire appliances which must be properly distributed throughout the grounds, and the inspection must also reveal that the operating personnel are familiar with their use and location;

(5)

If a canvas tent or temporary structure of any other material is used to house such assembly, such tent or other temporary structure is fireproof or flameproof or has been rendered fireproof or flameproof insofar as the same is practicably possible by the use of current recognized standard materials and appliances.

(Ord. of 6-30-1980, § 1)

Sec. 18.05. - Evidence of Fireproofing Prerequisite to Issuance of Permit.

No permit shall be issued for any assembly covered by this Chapter until proper proof, such as a certificate by a recognized and responsible company or concern stating that such tents or temporary structures have been fireproofed or flameproofed prior to date of application, shall be submitted to the Chief of the Fire Department, and he shall approve the issuance of the permit.

(Ord. of 6-30-1980, § 1)

Sec. 18.06. - Sanitary Facilities.

Where toilet or other sanitary facilities have been provided at assemblies covered by this Chapter, such facilities shall be adequate to ensure the public health and be so located as to avoid endangering the public safety and shall be approved by the Orange County Health Department.

(Ord. of 6-30-1980, § 1)

Sec. 18.07. - Police Protection.

Sufficient police officers shall be provided by the management or operator of every assembly subject to the provisions of this Chapter, under the supervision of the Police Department for the protection of the public. The number of police officers required shall be determined by the Chief of Police or his designee based upon factors including, but not limited to, the date, time and place of the assembly, the anticipated attendance, and the type of assembly.

(Ord. of 6-30-1980, § 1)

Sec. 18.08. - Overcrowding Prohibited; Obstruction of Aisles and Exits Prohibited.

No overcrowding shall be permitted in any assembly subject to the provisions of this Chapter. maximum safe occupancy shall be determined by the City Fire Department in accordance with the applicable provisions of the City Fire Prevention Code. Aisles and exits shall be kept open and unobstructed at all times; provided, however, that if a sufficient number of other exits are provided, one of such exits or entrances may be reserved during performance for the use of performers and/or animals used in such performance.

(Ord. of 6-30-1980, § 1)

Sec. 18.09. - Rubbish and Debris Not to Accumulate.

All areas of an assembly where rubbish or debris may accumulate, especially under seats, shall be kept reasonably serviced and clear by the operating personnel.

(Ord. of 6-30-1980, § 1)

Sec. 18.10. - Fire Protection.

When deemed reasonably necessary by the Chief of the Fire Department, a sufficient number of firefighters shall be provided by the management or the operator of any assembly covered by the provisions of this Chapter, who shall be under the supervision of the Chief. Such firefighters shall familiarize themselves with the nature and location of all fire protection features and the location of all exits and they shall be so distributed that all sections where the public is admitted are under constant surveillance. They shall also assist the police in the prevention of overcrowding and in the clearing of aisles and exits. If any acts using fire or open flames are to be used, suitable safeguards shall be provided or the use of such devices shall be curtailed or forbidden by the Police or Fire Department. Proper facilities for calling fire apparatus to the scene shall be provided.

(Ord. of 6-30-1980, § 1)

Sec. 18.11. - Power of Chief of Police to Stop Assembly.

The Chief of Police or his designee shall have the power to stop any assembly immediately and to prohibit it from continuing in the event that any of the provision of this Chapter are violated.

(Ord. of 6-30-1980, § 1)

Sec. 18.12. - Indemnification.

The applicant and any other persons, organizations, firms or corporations on whose behalf the application is made, by filing a permit application shall represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the City harmless against liability, including court costs and attorney's fees, and attorney's fees on appeal, for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the conduct of the assembly or any of its participants.

(Ord. of 6-30-1980, § 1)

Sec. 18.13. - Penalties.

(1)

It shall be unlawful for any person to stage, present, or conduct any assembly without first having obtained a permit therefor as herein provided.

(2)

It shall be unlawful for any person knowingly to participate in an assembly for which a permit has not been granted.

(3)

It shall be unlawful for any person in charge of or responsible for the conduct of a duly licensed assembly knowingly to fail to comply with any condition of the permit.

(4)

It shall be unlawful for any person to knowingly continue with any assembly, subject to the provisions of this Chapter, after said assembly has been stopped by the Chief of Police or his designee pursuant to Section 18.11 of this Code.

(5)

Any person violating any of the provision of this Chapter shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 6-30-1980, § 1)

Sec. 16.36. - Markers; Plantings. Chapter 18A - PARKS AND RECREATIONAL FACILITIES