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Ordinance 1239Ordinance No. 1239 Alameda Clity Ordinances New Series ORDINANCE NO. 1239 New Series AN ORDINANCE AMENDING TITLE XII, CHAPTER 3, OF THE ALA - MEDA... MUMICIPAL: CODE: BY ADDING THERETO ' ARTICLE 7, REGULATING CARNIVALS, CIR CUSES AND FAIRS. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA: Section 1. That Title XTT, Chapter 3, of the Alameda Municipal Code is hereby amended by adding thereto Article 7, which shall read as follows: Article 7. Carnivals, Circuses, "'airs, L'ic. Sec. 12 -371. Permit Required. It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Alameda any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, ferris wheel, merry -go- round, traveling show, or other similar or related type of amusement place, unless a permit to do , so has been issued as hereinafter provided and is in full force and of "ect. Sec. 12 -372. Application for Permit. Any person, firm or corporation de- siring a permit required by this ordinance shall make application therefor to the City Clerk. The ap- plication shall be verified and shall :;et forth: (a) The name and address of the applicant; (b) If the applicant is a corpora- tion, the names and addresses of the corporate officers; (c) The name and address of the proprietor and the person to be in immediate charge of the place of amusement; (d) The location at which it is pro- posed to conduct the place of amuse- ment; and (e) A description of the place of amusement proposed to be conducted and the method of operation. The City Clerk shall transmit the application to the City Manager' for approval or disapproval. Sec. 12 -373, Application Fee. The application shall be accompanied by an application fee in the sum of Twenty- five ($25.00) Dollars. This 'fee is in addition to any license ' fee which is now or may hereafter be required to be paid. Seca 12 -374. Investigation by City Manager. The City Manager shall cause such investigation to be made as he deems ;necessary and shall thereafter approve the issuance of such proposed permit if he finds that the proprietor and the person to be in immediate charge of the place of amusement are of good moral charac- ter, that the proposed place of amuse- ment is not of such a character as to disturb the public peace or be injurious to good morals, and that the conducting thereof in the pro- posed location will not disturb the peace and quiet of any considerable number of persons residing in the vicinity thereof; otherwise, the City Manager shall disapprove the appli- cation. Upon approval by the City Manager of an application, the City Clerk shall issue the permit. No permit issued pursuant to the provi- sions of this ordinance shall be trans- ferable. Sec. 12 -375. Revocation or Suspen- sion of Permit. Any permit issued under the terms of this ordinance may be suspended or revoked by the City Manager when it shall appear to said City Manager that the busi- ness or occupation, or the doing or performance of the act for which the permit was granted, is conducted, maintained, 'done or performed con- trary to the application - hereinbefore described, or in violation of any law of the State of California or ordi- nance of the City of Alameda, or is conducted, maintained, performed or done so as to constitute a nuisance or disturb the peace of persons in the vicinity or in any manner dele- terious to the public peace, health or welfare. Sec. 12 -376. Appeals. Any person, firm or corporation aggrieved by the action of the City Manager in ap- proving or disapproving the issuance of a permit, or in revoking or sus- pending or refusing to revoke or sus- pend any permit, may, within five (5) days after such action, appeal to the Council of the City of Alameda by filing a written notice thereof with the City Clerk. The Council shall then review the determination or decision of the City Manager in the matter appealed from and may approve,' disapprove or modify such determination or decision. The action of the Council herein shall be final and conclusive. Section 2. The herein ordinance is, and is hereby declared to be, an ordinance for the immediate preser- vation of the ; public peace, health or safety, and it is further declared and found that there is great urgency for its immediate introduction and passage at the same meeting pursu- ant to Section 3 -12 of the Charter of the City of Alameda. The following is a declaration of the facts consti- tuting the need for such urgency: The City' of, Alameda has no law or ordinance regulating the mainte- nance, operation and conducting of carnivals, circuses, fairs, etc., with the result that any such enterprise may now operate in said City of Alameda without proper regulation and control as set out in Section 1 above. Furthermore, it is reasonably anticipated that such an enterprise will commence such operations within Alameda C ity On the City of Alameda prior to the final date upon which the usual ordinance would become effective. Section 3. This ordinance, being an ordinance for the immediate preser- vation of the public peace, health or safety, and its immediate - passage constituting an emergency, 'shall be introduced and passed at one and the same meeting and shall become ef- fective immediately. WILLIAM M. McCALL Presiding Officer of the Council Attest: SHIRLEY H. TENNIER City Clerk • o s I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and ® Ordinance Na, 1239 New Series R by the Council of the City of Alameda in adjourned regular meet - ing assembled on the ' 25th day of June, 1957, by the following vote, to wit: AYES: Councilmen Freeman, Haag, Petersen, Schacht and President Mc- Call, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 26th day of June, 1957. SHIRLEY H. TENNIER (SEAL) City e of,Alameda Publish June 28, 1957.