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01-68 ORDINANCE NO. 1-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING THE PROVISIONS FOR HAVING CARNIVALS AND CIRCUSES WITHIN THIS CITY; BANNING CAR- NIVALS AND CIRCUSES FROM OPERATING WITH- IN THE CORPORATE LIMITS; DEFINING CARNI- VALS AND CIRCUSES, AND PROVIDING A PEN- ALTY FOR VIOLATION° WHEREAS, the City of Delray Beach has heretofore allowed carnivals and circuses to operate in this community provided the sponsoring organizations first obtained the con- sent of the City Council; and ~UHEREAS, Section 16-11, (71), Article II of Chapter 16, Code of Ordinances of this City provides that the license fee for carnivals and circuses and other theatrical shows under canvas is $500.00 and that such engagements shall not exceed one week; and I~EREAS, the City Council feels that carnivals and circuses are in that category of businesses which are potentially a menace to the public health, welfare, order, safety and morals of the citizens of this City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Item (71) Section 16-11, Article II of Chapter 16, Code of Ordinances of this City, be, and the same is hereby repealed and eliminated from said Code of Ordinances. Section 2. It shall be unlawful for any person, firm or corporation to operate a carnival or circus within the corporate limits of this City. A carnival or circus shall mean the commonly accepted concept of a traveling amusement show con- ducted primarily under tents offering circus acts or a traveling amusement show primarily offering rides and games for the amuse- ment of the public. The definition shall not include a festival sponsored and operated by local citizens not employing profes- sional assistance, nor shall it include theatrical performances conducted within the confines of a permanent building. Section 3. Any person, firm or corporation violating the provisions of this ordinance, shall upon conviction, be pun- ished as provided in Section 1-6 of the Code of Ordinances of this City. Passed and adopted in regular session on this second and final reading on this 12th day of February , 1968. ATTEST: First Reading January 22, 1968 February 12, 1968 Second Reading DELRAY BEACH NEWS,JOURNAL Published Wee]dy Delray Beach, PsIm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACHJ Before the undersigned authority pe~a~ly.ap~pea~pd .~.'i.'. :.~...~.. ........ News-Journal, a weekly newspaper published at Delray ~eacl~ in Palm Bgaeh ~o~mty, Flor- ,. · . , ~. . , ..///~ in ,he m,,le, of/~..~.~.~~ ~t~...~...-~ in lhe ..................................... ,-,.....' u ........- .................. gourt, was p~J)li~hed in ~aid newspaper in the Affiant further says tlh/t the said I~elray Beach News-Journdf is a newspaper publ/shed at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each week and has been entered as second class mail matter at the post office in Delray Beach, in said pslm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ................. 7 ..... Sworn to and sub~a'/bed before me this ..... ./.:.~.. ..... day of ...'~..~~. ,r';O?t~Y PIJ[IL:C. ST~,T~: e~ F[O[~InA ~t LA2CF