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ORD-30-70 DEFINING AND REGULATING SPECIAL PAGEANTS CONDUCTED ON CITY-OWNED PROPERTYtiE CITY NEWS:please publish Wednesday, September 16, 1970, only, and send PROOF and Proof of Publication to City Clerk, P.O. Box 449, Orange, Calif. 92669. lliJ~SILSON. City Clerk ORDINANCE NO. 30-70 AN ORDINANCE OF THE CITY OF ORANGE ADDING SECTIONS 6550 ET SEQ. TO THE ORANGE MUNICIPAL CODE DEFINING AND REGULATING SPECIAL PAGEANTS CONDUCTED ON CITY-OWNED PROPERTY IN THE CITY OF ORANGE. WHEREAS, there are located within the City of Orange lands devoted to parks and open space which are owned by the City of Orange, and WHEREAS, such areas are adaptable to, and are often devoted to, the conduct of fairs, carnivals, circuses, and other similar events, and WHEREAS, the City Council of the City of Orange is of the opinion that such events should be conducted on property owned by the City of Orange only by nonprofit organizations in order to insure that the proceeds resulting from such events will inure to the benefit of those organizations which are per- forming community service with the use of such proceeds from such events, and I WHEREAS, the City Council is opposed to the use of city-owned property such as parks by private organizations engaged in private-profit- making activities, and WHEREAS, the City Council is further of the opinion that pageants and similar enterprises conducted on city-owned property should be subject to the management and control of nonprofit organizations located in the local area and organized for service to the general local community in order that such pageant and similar enterprises will be conducted with a view to the protection of public interests,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:SECTION I:Section 6550 Definition. Regulation of Special Pageants.For the purpose of the provisions regulating special pageants hereinafter set forth, the following phrase shall be con-strued to have the meaning set forth herein, unless it is apparent from the context that a different meaning is intended:SPECIAL PAGEANT: A special pageant is any event of limited duration conducted on property owned or controlled by the City of Orange. Such a pageant may inc lude rides, games, booths,or similar amusement devices approved in accordance with the provisions set forth herein. The regula. tions relating to a special pageant shall be applicable whether or not a ei required and whether or not a fee or admission is charged for such pageant. Nothing contained herein shall be con- strued to include within the definition of a "sp,ecial event" any "pancake break- fast," 'bake sale," or similar event sponsored by a nonprofit organization where only food or beverages are served provided, that the City Manager shall ' have discretion to require the posting of a cash deposit to insure cleaning of the area in which food or beverages only are served. Section 6550.1 Permit Required. In order to receive a permit to conduct a special pageant on city-owned property within the City of Orange, it is necessary that the applicant prove that it is a nonprofit entity organized for fraternal, charitable, religious, or other nonprofit purposes, which organization has been in existence for at least six months prior to making applica-tion for a permit to conduct a special pageant and which organization has a regular membership and meets at regular intervals of at least once per month for purposes other than the conduct of special pageants.See tion 6550.2 Application for Permit.Application for permits to conduct special events shall be in writing and shall be filed with the City Manager not less than fourteen days prior to the opening date of such event. Such application shall state:The exac t location where the event is to be staged;The name and address of any operator or operators of rides, games, or amusement devices to be conducted on the city- owned property;d) A list of communities in California where the operators of such rides, games, and amusement devices have pre-viously conducted such operations; a) b) c) e) f)g)The name and address of the sponsoring business or organization;The number and types of rides, games, shows, displays,and other individual concessions comprising the event,including any and all food stands and food vehicles to be used;The number of persons who will be engaged in conducting the event;A statement that the applicant nonprofit organization will operate and manage the special pageant and a copy of any agreements designed to insure such h)A plot plan showing the entire property in addition to that port~on of the property proposed to be used to store equ~pment and to conduct the special pageant including an exact description and plot plan des- ' cribing the total extent of any off-street parking area which would be occupied for the purpose of conducting the special pageant and storing the equipment incident thereto;i)Such other information as shall be required by the City Manager.Sec tion 6550.3 Investigation of Application.Before issuing a permit for a special pageant, the City Manager shall cause an investigation to be made regarding the application and shall have the findings set forth in writing and attached to the application.Section 6550.4 Issuance or Denial of Permit.If the City Manager determines, after the investigation that all applicable provisions of the law and of the Orange Municipal Code, including all relevant provisions of Section 6540 et seq. are, or will be, compiled with, he shall issue a permit; otherwise the application shall be denied.Section 6550.5 Regulations for conduct of Special Pageant.The following regulations shall govern the operation of any special pageant for which a permit has been issued by the City Manager, and violation of any such regulation shall be grounds for immediate revocation of such permit:I. No wild or ferocious animals shall be displayed.2. All local and state laws and regulations shall be observed.3. Before erecting any structures, application must be made to the Chief Building Inspector. All applicable building and electrical regulations must be observed.Permits issued by the State of California, Division of Industrial Safety, must be furnished to the Chief Building Inspector before the operation of any ride.No rides, amusement devices or concessions shall be put into operation until inspected and approved by the Chief Building Inspector. Provided, however, that no such inspection or approval by the City shall be con-strued as a representation by the City of Orange, or any employee thereof, that any such ride, amusement device, or concession is structurally or operationally safe.Each ride shall have a sign displayed at the ~ ntrance to said ride and visible to all patrons conta~ning the message that any person using the equipment does so at his own risk. 4. No game shall be permitted to be conducted at a special pageant until inspected and approved by the police Chief. No game shall be approved which violates any laws of the State of California or any other pro- visions of the Orange Municipal Code. No game shall be approved in which it is impossible, due to the game equipment, for the participant to win by the use of skill. i 7. Any and all facilities for the dispensing of food and beverages shall be inspected by the Orange County Health Department to insure compliance with all pro- visions of Sections 6400, et seq. of the Orange Municipal Code. No trailers, tents or other temporary living quarters will be allowed on the premises where the special pageant is to be conducted except upon approval of the City Council based on a finding that no hazard to public health or safety will result from such approval. The conduct of the special pageant shall be confined to the hours of 9 a.m. to 10 p.m. unless the City Manager has established different hours of operation. 5. 6. 8. The special pageant shall not be operated for any period longer than seven (7) days from the permitted opening date as specified in the permit. 9. All persons or entities granted a permit shall be required to post a cash deposit not to exceed One Hundred Dollars ($100.00) to insure the premises used for said pageant shall be left in a clean and orderly condition at the conclusion of said pageant. Sec tion 6550.6 Liability and Property Damage Insurance. Prior to the erection of any structure in connection with a special pageant, the sponsoring nonprofit organization shall furnish certificates to the City Manager showing there is in full force and effect liability and property damage insurance covering every activity of the proposed special pageant in the minimum amount of Three Hundred Thousand Dollars ($300,000.00) for injury of one person and Five Hundred Thousand Dollars ($500,000.00) for death or injury of more than one person in any accident and Fifty Thousand Dollars ($50,000.00) for property damage, or, in such additional amount as deemed necessary by the City Manager, provided, however, that maximum insurance coverage that may be required shall not exceed Five Hundred Thousand Dollars ($500,000.00) for injury to one person and One Million Dollars ($1,000,000.00) for death or injury to more than one person in any accident and One Hundred Thousand Dollars ($100,000.00) property damage. See tion 6550.7 Powers of City Council. The City Council of the City of Orange shall have the power to review any action taken by the City Manager in denying any application for a permit and shall have the power ~o revoke.a.permit gran~ed by th~ City Manager, when, ~n the op~n~on of the C~ty Counc ~l, such ac tion on their part is in the public interest. When the City Council has acted upon any application for a special pageant, all of the regulations set forth herein shall apply to such special pageant. The City Council shall also have the exclusive power to grant a renewal or extension of a permit beyond the original seven (7) day period. Section 6550.8 Penalty. Any violation of any provis ion of these regulations govern- ing special pageants shall constitute a misdemeanor and shall be punishable as provided in Section 1200 of the Orange Municipal Code. iE9'llON U: This ordinance shall be published once within fifteen 15) days after its passage in the Orange City News, a newspaper of general circulation, published and circulated in the City of Orange, and shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 8th day of September 1970. Zn~4-u~~~Mayor of t e C~ y 0 Orange ATTEST:c ~ .L__~/'")-C Clty C e. 0 t e C~ty 0 Orange STATE OF CALIFORNIA )COUNTY OF ORANGE ) ss.CITY OF ORANGE )I, EMILY L. WILSON, City Clerk of the City of Orange, California,DO HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council duly held on the 25th day of August, 1970, and thereafter at a regular meeting of said City Council duly held on the 8th day of September, 1970, was duly passed and adopted by said City Council, and that said ordinance was passed and adopted by the following vote', to wit:AYES: COUNCILMEN: JORDAN, HILEMAN, HOYT, PEREZ, SMITH NOES: COUNCIL~ffiN: NONE ABSENT: COUNCILMEN: NONE WITNESS my hand and seal this SEAL) 9th day of September, ~970.Ag/")/..,~/) 6",';I-t.cCy ~1--<:.c.4..,l!"'''''-'Emily;? L. wilson City Clerk 5- 1~ l' II f4 I.~'.. I i I I