Section 432. Circuses and Carnivals

432.1 Definition.

"Circus" or "carnival" means any use of public or private land, streets, lanes, or alleys for fetes, bazaars, circuses, street carnivals, carnivals, feats of horseback-riding ability, acrobatic stunts, trained animal acts, clowning, and other similar performances, mechanical rides, or other amusement devices to which the public is admitted, and includes any temporary stands or facilities for selling or dispensing products for human consumption in connection with these uses.

432.2 Scope.

This section covers regulations for circuses and carnivals that are not provided for in other sections of this Code.

432.3 Permit required.

Before any person may begin to set up any structure, appliance, or equipment for a circus or carnival, the person must obtain the appropriate permit from the Building Official.

432.3.1 Application for permit.

The application for the permit must be:

1. filed at least 45 days before the opening date of the circus or carnival, and

2. signed by a responsible person or official acting for the applicant.

432.3.2 Referral of application.

The Building Official must immediately refer each application to the following officials (or their respective designees), for their report and recommendations:

1. the Police Commissioner,

2. the Director of Public Works,

3. the Director of Transportation,

4. the Chief of the Fire Department, and

5. the Commissioner of Health.

432.3.3 Reports, etc., prerequisite to permit.

The Building Official may not act on the application until each of these officials (or their respective designees):

1. submits his or her report and recommendations; or

2. fails to do so within 21 days of the referral.

432.3.4 Action by Building Official.

In acting on the application, the Building Official:

1. may issue the permit, subject to any recommendation timely received from these officials (or their respective designees); and

2. if the permit is issued, must immediately send a copy of the permit to each of the officials (or their respective designees).

432.4 Insurance for mechanical rides, etc.

Every application for a circus or carnival permit must specify whether or not mechanical rides or devices will be used in connection with the circus or carnival. If mechanical rides or devices will be used, the person supplying these rides or devices must, before the permit may be issued, furnish satisfactory evidence of insurance, in an amount that the City's Office of Risk Management considers sufficient, to:

1. insure the applicant, and name the City as an additional insured, against liability for damage or injury to property or person, including death, due to faulty equipment or negligence, and

2. indemnify the City against any suit, loss, claim, damages, or expense to which the City is subjected because of any damage or injury to property or person, including death, or injury to any public highway or other public property done by or in connection with the transportation, erection, operation, maintenance, or supervision of a mechanical ride or device.

432.5 Financial responsibility.

Before a permit may be issued, the applicant must furnish proof of financial responsibility, in the form of a certificate of insurance from an insurer authorized to do business in this State. The certificate of insurance must state that the circus or carnival is insured against any legal liability (other than that covered by § 432.4), caused by accidents or otherwise and resulting in damage or injury to property or person, including death, as a consequence of the ownership, operation, or maintenance of the circus or carnival or otherwise in any way connected with the circus or carnival. The insurance must be for at least the amount that the City's Office of Risk Management considers sufficient to protect the public, and must name the City as an additional insured. Additionally, the insurance must be in an amount that the City's Office of Risk Management considers sufficient to:

1. insure the applicant against liability for damage or injury to property or person, including death, due to faulty equipment or negligence, and

2. indemnify the City against any suit, loss, claim, damages, or expense to which the City is subjected because of any damage or injury to property or person, including death, or injury to any public highway or other public property done by or in connection with the applicant's business.

432.5.1 Nonresident applicants.

If the applicant is not a resident of the City, the applicant and the insurer must execute a power of attorney that authorizes the Building Official to accept on their behalf service of notices, processes, and any actions arising out of the ownership, operation, or maintenance of the circus or carnival or otherwise in any way connected with the circus or carnival. If the applicant is a nonresident corporation, the corporation, in addition to complying with all other requirements of this Code, must submit with its application a certificate from the Maryland Department of Assessments and Taxation certifying that it is a corporation authorized to do business in this State.

432.5.2 Nonprofit entities excepted.

This § 432.5 does not apply to any applicant that is a church, school, charitable organization, veterans' organization, or other nonprofit organization.

432.6 Zoning requirements.

The provisions of the Baltimore City Zoning Code that prohibit carnivals in residential areas do not apply to a carnival that:

1. is operated under a permit issued to a church, school, charitable organization, veterans' organization, or other nonprofit organization, and

2. operates for no more than 15 days in any 1 calendar year.

432.7 Layout.

Every circus and carnival must be laid out as provided in this § 432.7.

432.7.1 Main aisle.

A main aisle or concourse must:

1. extend entirely through the circus or carnival,

2. open at both ends on a street or other public way that leads to a street at least 30 feet (9.14 m) wide, and

3. be at least 10 feet (3.05 m) wide for a length of up to 100 feet (30.48 m), plus an additional 2½ feet (0.76 m) in width for each additional 100 feet (30.38 m) or fraction of 100 feet (30.38 m) in length.

432.7.2 Side or branch aisles.

Side or branch aisles that are open at both ends must be at least 6 feet (1.83 m) wide for a length of up to 50 feet (15.24 m), plus an additional 1 foot in width for each additional 50 feet (15.24 m) or fraction of 50 feet (15.24 m) in length. Side or branch aisles that are open at only 1 end must be at least twice the width for side or branch aisles that are open at both ends.

432.8 Circus and carnival structures.

Circus and carnival structures, in addition to complying with all other applicable provisions of this Code, must comply with the requirements of this § 432.8.

432.8.1 Tents.

All tents must conform to the requirements for temporary structures in § 3103 {"Temporary Structures"} of this Code.

432.8.2 Exits and lighting.

Every tent and other structure must be provided with adequate exits. The means of egress and the width and number of exits are based on and must comply with the general requirements of Chapter 10 {"Means of Egress"} of this Code for exits and means of egress in assembly structures, which apply in addition to the requirements of this section for general layout. All exits and aisles must be well lighted whenever the tent or structure is occupied.

432.8.3 Mechanical rides and devices.

No merry-go-round, Ferris wheel, whip, or other mechanical ride or device may be operated without a permit from the Building Official. All mechanical rides and devices must be designed, constructed, and erected in accordance with applicable State regulations.

432.8.4 Concession stands.

Concession stands must be of either:

1. standard prefabricated construction, or

2. special construction approved by the Building Official for the particular purpose.

432.9 Electrical and mechanical requirements.

All electrical work must conform to the requirements of Chapter 27 {"Electrical"} of this Code. All mechanical work must conform to the requirements of this Code.

432.10 Maintenance and operation.

Every circus or carnival must be maintained and operated so as not to cause a hazard or injury to life or property. The applicant is responsible for:

1. maintaining the site in a sanitary and clean condition at all times, and

2. when the circus or carnival leaves, cleaning all debris and rubbish from the site and from all streets and alleys described in the permit.