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HomeMy WebLinkAboutOrdinance 11189s' .. ORDINANCE NO . ~1/ ~~ ' AN ORDINANCE AMENDING SECTION 20-47 OF THE CITY CODE TO EXEMPT PERMANENT INSTALLATIONS OF MECHANICAL AMUSEMENT RIDES FROM THE PERMIT REQUIREMENT FOR CARNIVALS, CIRCUSES AND TENT SHOWS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 20-47, "Exemptions", of the Code of the City of Fort Worth (19$6), as amended, is hereby amended by labeling current Section 20-47 as Subsection (a) and adding a new Subsection (b) to read as follows: "(bj Permanent installations of mechanical amusement rides shall not be deemed to be carnivals, circuses or tent shows under the provisions of this division and shall not require the permit or fee set out in this division." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the-City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconsti- 6. ~: ~s tutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Cityr Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: As°,~rt City Attorney Date : ~ ® ~ ~ o - ~ ~- ADOPTED: ~~~~!) ~~~ EFFECTIVE: -2- ,~ j'IGIASTER FICB~~ --_ ACCOUNTIN0~2 .TRANSPORTATIONiPJIBLIG IMOQry , ~AAiER AOMINIS7R~~ ~ ~~~ 11 y 11~~J.1 CNiEF POIIC PkOSEC UNIC ~,G f r,,;y,y. ~.z ~;ouncil unit ~ ~`y~-~~ __~. ~ DATE 10/13/92 REFEREN E NUMBER G_9881 L NAME 12RIDES PA E 1 of 1 °~USJPL'T1° "ADOPTION OF ORDINANCE AMENDING SECTION 20-47 CITY CODE ING ATTORNEI' .L ~~~~ ~NDATION: It is recommended that the City Council adopt the attached ordinance amending Section 20-47 of the Fort Worth City Code. DISCUSSION: Sections 20-41 through 20-48 of the Fort Worth City Code regulate carnivals, circuses and tent shows. These sections generally require that a permit be obtained from the City before setting up or operating any carnival, circus or tent show. The permit expires 90 days after the date of its issuance. A question has arisen concerning whether permanent installations of mechanical amusement rides, such as those located in the Fort Worth Stockyards, are covered by this permit requirement. Although a reading of these sections would appear to indicate that they regulate only traveling shows and not permanent installations, City staff has reviewed the matter and recommends that this amendment be adopted to remove any doubt regarding the nonapplicability of these sections. The proposed amendment adds a new section to Section 20-47 which contains exemptions to the permit requirement. Currently, short-term shows or activities sponsored solely by a church, school, school organization or hospital which are operated on their grounds and with all profits going to the organization or hospital are exempt from the permit requirement. The new Subsection (b) which would be added by this ordinance would exempt permanent installations of mechanical amusement rides from the permit requirement. FISCAL INFORMATION/CERTIFICATION: This Council action does not require the expenditure of City funds. WA.k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to APPRQVED Mike Groomer 6140 Originating Department Hea Cli Y C O U N CiL Wade Adkins 7623 from ~v ~0 ~/~~ iJ For Additional Information f/ C ~ . Contact ^i+~ Secretary of ;.1s City of Fart Worth ~'ezas Wade Adkins 7623 , Printed on recycled paper