Ord 2113 9/14/1964 ORDINANCE NO. og//3
AN ORDINANCE REGULATING AND REQUIRING A LICENSE FOR
TRANSIENT SHOWS AND PROVIDING FOR A FEE THEREFOR.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, A
TEXAS, THAT:
Section 1. The term "transient show" when used herein shall mean any
transitory or temporary show which has no intention of locating permanently,
and shall include, but not be limited to, carnivals, circuses, fairs, and
amusement riding devices.
Section 2. This ordinance shall not apply to street fairs composed of
local people for purely local charitable purposes and without profit, nor
does it apply where a transitory show or performance is given by a regularly
established theatre or show house in Wichita Falls.
Section 3. It shall be unlawful to hereafter hold, sponsor, operate or
run a transient show within the City of Wichita Falls unless a license to
hold such transient show is first obtained from the City of Wichita Falls.
This license shall be required whether such show is held on, private, public
or City-owned property. Each person aiding or abetting in the holding of
such transient show or its subsidiary shows, concessions, amusements and
businesses, shall be equally guilty of a violation of this ordinance when said
transient show operates, or runs, without such license. ..
Section 4. A license shall be issued by the City Clerk by order of the
City Manager to hold such transient show when a proper application in writing
is made therefor. Such application shall state in detail the different com-
ponent parts of the transient show, including all concessions, shows, amuse-
ments, business and the proposed location of said transient show, the time it
is to run, the number of persons regularly traveling therewith, if any, and
the number of local persons connected therewith, and shall give a complete and
full plan of the proposed transient show.
Section 5. If the proposed transient show consists in whole or in part
of any unlawful games or enterprises of any kind the license shall be refused.
If such transient show is issued a license and the conduct of such show is
in an unlawful manner, in whole or in part, or such show fails to conform to
all applicable codes and ordinances, its license may be revoked by the City
Manager, and all fees paid shall be forfeited.
Section 6. The applicant for a license, if the City Manager shall deter-
mine that said license shall. be issued, shall then pay a license fee of twenty-
five ($25) dollars, together with ten ($10) dollars per day for so many days
that said transient show is permitted to run, exclusive of the first day,
and the City Clerk shall issue the license specifying the length of time and
the location. In addition to said license fee, the applicant shall pay such
fees for electrical inspections as are required under the Electrical Code of
the City of Wichita Falls.
Section 7 . Such transient show shall be subject to inspection by repre-
sentatives of the Inspection Department of the City of Wichita Falls and of
the Fire Marshall ' s office, for the purpose of determining that such show
conforms to the applicable codes and ordinances of the City of Wichita Falls.
Section 8. No transient show shall be licensed to operate within three
hundred (300) feet of any private residence, church or school.
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- 2 -
Section 9. It shall be unlawful for any transient show to operate in
,whole or in part after its license expires or after it is revoked for cause, '
and all persons assisting in such operation shall be deemed in violation of
this ordinance.
Section 10. If a transient show changes from one location to another
location within the City, it shall be considered as another show, and shall
obtain a new license.
Section 11. Any person guilty of violating any provision of this ordi-
nance shall, upon conviction therefor, be fined in any sum not to exceed
one hundred ($100) dollars, and each day' s violation shall constitute a
separate offense.
Section 12. Chapters 1 and 4 of Title 6 of the 1941 Codification of
Ordinances, as well as all other ordinances in conflict herewith, are hereby
repealed.
Section 13. The fact that transient shows are presently coming into
the City and there is no adequate ordinance regulating them, creates an
urgent public need for the preservation of peace, health and safety of
property of the .City, and this ordinance is declared an emergency measure
and shall go into effect immediately upon its passage.
PASSED AND APPROVED this the 14th day of September, 1964.
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I,...4 d I / /.ELI
V Mayor
ATTEST :
_4%y City Jerk
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Affidavit ® Publication
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St 'It—kii/S taNtii4idVioii46 FOR
•
- 'A FEE THEREFOR.
' BE IT ORDAINED By THE BOARWOd
I ALDERMEN OF i111-IE CITY OF eW,
ITA FALLS, TEXcAS, THAT:
-,--.;4 ',--4 THE 'STATE OF TEXAS
Section 1. The term "transient thlms'o:
Often used hereir(shall mean any 15401
c IV or temporary, show which 1:14:tetitr, COUNTY OF WICHITA
,~fention of. loda.ting permanently .'".!-;
I include, but hot be limited toj,...T„.4.:„ li
,Rats, circuses, fairs, and amuse 7 1
ktiNitig devices. ,n7:,,,,,,,,'
6,4eetion 2. This ordinance shall nqtj■;;; On tl)is day of
to street fairs composed of ;86e4: i..)•;;,:t.,oi..3er
!piile for purely local charitable Itttr;;,
03,10S:and without•profit, nor does it8a0;!:
Rik:Where a transitory show or perforin,=. A.D. . 1P41-" • personally appeared before me, the undersigned authority
Alc.•,t,is given by a regularly establiitterft;
qiteake or show house in Wichita 5411V;',
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'r-s,Siefion 3. It shall be unlawful to tAit
.48 Yrkhold, sponsor, operate or ri.te.'7`-, . , t....i....,a...c,t 1
gi,j44nt show within the City of Wie04, , bookkeeper
latunless a license to hold such trrtit
fighow is first obtained from fine
Wichita Falls. This license shall for the Times Publishing Company of Wichita Falls, publishers of the
;
uired whether such show Is held;
s,-.1 'priVate public or City-owned proper- Wichita Falls Record News, a newspaper published at Wichita Falls in
y. Each person aiding or abetting In,
the holding of_sych transient show or its'
subsidiary shows, concessions, amuse- Wichita County, Texas, and upon being duly sworn by me, on oath states
meets and businesses, shall be equally
guilty of a violation of this ordinance
when said transient show operates, or that the a-
ttached,advertisement is a true and correct copy of advertising
runs, without such license. i
Section 4. A license shall be Issued by 1
the City Clerk' by order of the City
Manager to hold such transient show
- -
—issues thereof published in_ "- %-''''
on the following
when a proper application in writing is
I made therefor. Such application shall t
state in detail the different component j dates:
parts of the transient show,. including,
all concessions, shows, amusements, busi-I S...,31°1+ ','.,,7 1:• .,p, f,„4.,
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ness and the proposed location of said °
transient show, the time it is to Iun,!
the number of persons regularly fravelt
ing therewith, if any, and the number ofl '
local persons connected therewith, and 1, " -1-
shall give a complete and full plan of the — - -:''''• ' (---Z:-.N.--2 2./ ,.? -..0,--4-1,--2-/-
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proposed transient show: ott
Section 5. If the proposed transient I Bookkeeper for Times Publishing Company
.
show consists in whole or in part of any
unlawful games or enterprises of any of Wichita Fails
kind the license shall be refused. If such
transient show is issued a license and the,
conduct of such show is in an unlawful
Subscribed and sworn to before me this the day and year first above
'
Manner, in whole or in part, or such
show fails to conform to all applicable
codes and ordinances, its license may be written..
revoked by the City,Manager, and all 1
fees paid shall be forfeited.
Section 6. The applicant for a license,1 ,
if the City Manager shall determine that /I
; --Z,„,
said license shall be issued,-shall then
pay a license fee of twenty-five 1525)I a
i dollars, together with ten ($10) dollars I
'per day for so many days that said;
transient show is permitted to run, ex-;
clusive of the first day, and the City
Clerk shall issue the license specifying:
-the length of time and the location. In
addition to said license fee,the applicant;
shall pay such fees for electrical inspec-
tions as are required under the Electri-
cal Code of the City of Wichita Falls1
Section 7. Such transient show shall .
'be subiect to inspection by representa-
tives fives of the Inspection Department of the
City of Wichita Falls and of the Fire
Marshall's office, for the purpose of de-
,termining that such show conforms to the
applicable codes and ordinances of the,
City of Wichita Falls. 1
Section 8. No transient show shall.be;
licensed to operate within three hundred'.
(300) feet of any private residence,1
i church or school.
section 9. It shall be unlawful for any.
transient show to operate in whole:or in
,
part' after its license expires or after
I it is revoked for cause, and all persons,
I'assisting in such operation shall be
deemed in violation of this ordinance.
Section 10. If a transient show.changes
from one location to another location
within the City, it shall be' considered
as another show, and shall obtain a new'
license.
Section 11. Any person guilty of violet-1
,ing any provision of this ordinance shall,!
i upon conviction therefor, be fined in any
sum not to exceed one hundred ($1001
dollars, and each day's violation shall 1.
!constitute a'separate offense.
Section 12. Chapters 1 and 4 of Title
6 of the 1941 Codification of Ordinances,:
as well as all other ordinances in con-
flict herewith, are hereby repealed.
Section 13. The fact that transient '
shows are presently coming into the City
and there is no adequate ordinance regu-
lating them, creates an urgent public
need for the preservation of peace,
health and safety of property of the City,
and this ordinance is declare an emer-
gency measure and shall go into effect
immediately upon its passage.
PASSED AND APPROVED this the 14th\
day of September, 1964.
s—Winston Wallander, Mayor
ATTEST: s—Henry Mundy, City Clerk