15-89 f
ORDINANCE NO. 15-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELl{AY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS
REGULATIONS", CHAPTER 114, "AMUSEMENTS", BY REPEALING
CHAPTER 114, "AMUSEMENTS" , IN ITS ENTIRETY, AND ENACTING
A NEW CHAPTER 114, "AMUSEMENTS", SECTION 114.01, "PROHI-
BITION OF CIRCUSES AND CARNIVALS"; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELl{AY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regtflattons", Chapter 114, "Amuse-
ments", .of the Cod~ of Ordinances, of the City o¢ Delray Beach. Florida, be, _~a~d the
same is hereby amended by repealing Chapter 114, "Amusements" in its entit~y and,
by enaottng a new Chapter 114, "Amusements", Section 114.01, "Prohibition of Glreuses
and Carnivals", to read as follows:
§ 114.0! PROHIBITION OF CIRCUSES AND CARNIVALS; EXCEPTION UPON
EXPRESS APPROVAL OF CITY COMMISSION
It shall be unlawful to operate a carnival or circus within the City except
upon the express approval in advance of the City Commission, such approval to be
based upon criteria to be established by theCity Commission.. A carnival or circus
shall mean the commonly accepted concept of a traveling' amusement show conducted
primarily under tents offering circus acts or traveling amusement show primarily offer-
ing rides and games for the amusement of the public. The definition shall not include a
festival sponsored and operated by local citizens not employing professional assistance,
nor shall it include theatrical performances conducted within the confines of a perma-
nent building.
Section 2. That should any section or provision of this ordinance or any
portion thereof, any paragTaph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
Section 4. That this ordinance shall become effective 'ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in reKular session on second and final readi~-~g on this
2/iii; day of ~/a~ch , 198~.
ATTEST:
First Reading March 7. 198 9
Second Reading M~-~h ~R. 1 c~ftc~