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HomeMy WebLinkAboutOrdinance No. 2416 ORDINANCE NO. 2416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 5 . 28 OF THE AZUSA MUNICIPAL CODE BY ADDING SECTIONS 5. 28. 021 - 5. 28. 023 RELATING TO POLICE SUPERVISION AND REVOCATION OF PERMITS FOR EXHIBITIONS WHEREAS, the Police Department of the City of Azusa is experiencing an ever increasing need for the presence of police officers at carnivals, circuses, and other similar events and exhibitions for purposes of maintaining peace and order . The need for police presence has proved costly to the City and often results in a shortage of available police officers in the field; and WHEREAS, the Municipal Code of the City does not currently require that the owners/operators of these events provide security necessary to insure the protection of the public, health, welfare and safety; and WHEREAS, Chapter 5. 28 of the Municipal Code of the City does not currently provide a mechanism by which the City can revoke or suspend permits issued for the conduct of circuses , carnivals and other exhibitions in the event such exhibitions are conducted in an illegal manner or do not comport with public safety or welfare; and WHEREAS, the amendment of Chapter 5. 28 to permit the Chief of Police to require the hiring of police officers and/or special guards at carnivals, circuses, and other exhibitions , as well as to revoke permits for specified reasons is necessary to insure the protection of the public health, safety and welfare of the people of Azusa. NOW, THEREFORE, the City Council of the City of Azusa does ordain as follows : SECTION 1 . The Municipal Code for the City of Azusa is amended to read as follows: "5. 28.021 CIRCUS - POLICE SUPERVISION. The Chief of Police may require as part of any permit that the person engaged in the business of exhibiting, conducting, managing or operating a circus, wild west show, carnival, or other exhibition or entertainment at which feats of horsemanship, acrobatic feats, mechanical amusement devices, or trained or wild animals are exhibited or displayed, or other similar show or exhibition, employ police officers or approved special guards as may be deemed necessary to assure that the public peace will be kept and to assure that the provisions of this Code, the permit, and state law will be abided by. The number of such police officers or special guards will be determined by the Chief of Police . The Chief of Police may V � attach to the permit any conditions necessary for the protection of the public health, welfare or safety. The applicant and all persons participating in the management or supervision of the proposed business shall abide by all statements contained in the application, by all applicable laws and ordinances and by the terms and conditions set forth in the permit . "5 . 28. 022 CIRCUS -- PERMIT -- REVOCATION, SUSPENSION. Any permit issued pursuant to the terms of this Chapter may be revoked or suspended at any time by the Chief of Police for any of the following reasons : ( 1) The conduct or operation of the circus, wild west show, carnival or other similar exhibition or entertainment violates the conditions of the permit or the provisions of this Chapter ; ( 2) The conduct of the circus , wild west show, carnival or other similar exhibition or entertainment does or will endanger in any manner the public welfare or the peace, health or safety of the City or its inhabitants; ( 3 ) The owner (s ) or person( s) in charge thereof violates or permits any infraction of any state law or city ordinance. Such revocation or suspension shall be by delivering a notice of suspension or revocation, with the reasons therefor , to the applicant, or to the person in charge of the circus , wild west show, carnival or other similar exhibition, in person. A copy of the notice shall also be mailed to the address of the applicant as set forth in its application. Such suspension or revocation shall be effective immediately following personal delivery of notice of suspension or revocation. "5 . 28 . 023 CIRCUS --PERMIT --HEARING. When any permit has been revoked or suspended, the person to whom the permit was issued may appeal in writing the revocation or suspension to the City Council within five days of such suspension or revocation. The City Council shall hold a public hearing as soon as practicable after receiving such appeal and shall consider all facts and evidence bearing on the reason for the suspension or revocation. After hearing all facts and evidence, the City Council shall, if the suspension or revocation appears warranted, affirm such suspension or revocation. Otherwise, it shall reinstate such permit . In reinstating such permit, the Council may attach such conditions as it finds necessary to safeguard the public health, safety, or general welfare. " -2- FJN/ORD4218 • SECTION 2 . The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this 2nd day of October ► 1989 . 4;4444, MAYO ATTEST: CITY-CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss . CITY OF AZUSA ) I , Adolph A. Solis , City Clerk of the City of AZUSA, do hereby certify that the foregoing Ordinance No. 2416 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of September , 1989 . That thereafter , said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of October ► 19 , by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO /l/ / // / / -, ' .` ADOLPH LIS, CITY CLERK -3- FJN/ORD4218