Chapter 33 TENTS*


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Cross references: Amusements, ch. 7; building regulations, ch. 9; zoning, ch. 41.

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Sec. 33-1. Definitions.

Sec. 33-2. Permit for erection.

Sec. 33-3. Application for tent permit.

Sec. 33-4. Conditions of tent permits.

Sec. 33-5. Application of other ordinances and administrative regulations; indemnification of City.

Sec. 33-6. Exemptions.

Sec. 33-1. Definitions.

Carnival: Any establishment at which a combination of attractions and exhibitions, such as rides, illusions, freak shows, eating concessions and gaming booths, are available for the purpose of amusement and entertainment and at which the public pays either an admittance or participation fee. A carnival shall be inclusive of exhibitions as deemed in this section.

Circus: Any establishment at which a combination of attractions and exhibitions, such as rides, illusions, freak shows, eating concessions and gaming booths, including a main tent attraction along with its side shows, are available for the purpose of amusement and entertainment and at which the public pays either an admittance or participation fee. A circus shall be inclusive of carnivals and exhibitions as deemed in this section.

Commercial: Any enterprise engaged in or continuing in a business for a profit or gain.

Exhibition: Any establishment at which is featured an exhibit of animals, human beings or objects, for the purpose of amusement and entertainment whether or not the public pays an admittance fee.

Religious; charitable; nonprofit: Functions of any religious, charitable or nonprofit institution organization or association organized for religious, charitable or nonprofit purposes and conducted solely for such purposes. The terms "religious," "charitable" and "nonprofit" shall not refer to functions or institutions, organizations and associations when proceeds derived from these functions are used for the purpose of private gain to any person.

Ride: Any amusement device not in a City park or in a carnival or a circus as defined in this section, where the purpose of the ride is to amuse and entertain, and shall include such things as merry-go-rounds, whips and others.

Tent: A portable lodge either enclosed with walls of flexible material, covered with the same material, or both, and supported either by poles stretched by cords that are secured by pegs in the ground or filled by gas or air.

Tent area: That area under a tent.

(Code 1962, § 36-1)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 33-2. Permit for erection.

It shall be unlawful for any person to erect or maintain within the corporate limits of the City, any tent, tent house, fabric roof or fabric shelter (other than a moveable awning) or to use the same for any purpose whatsoever, provided, that the City may grant temporary permits, revocable at any time, for the erection of tents upon lots without other structures thereon, except as provided in section 33-5 [33-6], and subject to any stipulation that the City may consider necessary for the protection of the neighborhood with respect to noise, dust, hours of operation, fire protection and all other matters it feels are necessary to stipulate in order to preserve health, safety and the general welfare. The tent permit shall be displayed in a conspicuous place upon the premises so licensed.

(Code 1962, § 36-2)

Sec. 33-3. Application for tent permit.

(a) Forms; application fee. Application for a tent permit shall be made with the Development Services Department on forms furnished by the Development Services Department and Fire Department.

(b) Inspection of site. Fire Department will inspect the site upon erection of the tent. The applicant is responsible for calling the inspection request in to the Fire Department.

(Ord. No. G-3733, § 1)

Sec. 33-4. Conditions of tent permits.

(a) Separate permit for each location. If an applicant wishes to erect tents on separate locations, he must obtain a tent permit for each location.

(b) Temporary electrical wiring. A permit for a tent with temporary electrical wiring may be granted for a period not to exceed three weeks. The applicant must comply with the Construction Code for temporary electrical wiring.

(c) Duration of permit for tent with permanent electrical wiring or no wiring. If an applicant wishes to erect a tent for a period longer than three weeks, he must conform to the provisions of the Construction Code in regard to permanent wiring or he must agree that there will be no electrical wiring. The tent permit, when permanent wiring is installed or for tents with no electrical wiring, shall not exceed forty-five days.

(d) Cleaning premises. The permittee, at the termination of occupancy, shall clean the grounds of all papers, trash and other waste matter. The Fire Department shall be responsible for inspecting the premises and referring enforcement action to the Neighborhood Services Department, Neighborhood Maintenance and Zoning Enforcement Division, with the assistance of the Development Services Department if the property is not adequately cleaned.

(Ord. No. G-3733, § 1)

Sec. 33-5. Application of other ordinances and administrative regulations; indemnification of City.

(a) The issuance of a tent permit shall not be construed as relieving the applicant of complying with other City ordinances requiring permits and inspections.

(b) All permits issued under this chapter shall also be subject to the requirements of pertinent administrative regulations.

(c) By accepting any permit issued under the provisions of this chapter, the permittee agrees to hold the City harmless from all liability arising from any damages to private or public property or for any injury or death to any person caused by or arising out of the exercise of such permit.

(Code 1962, § 36-7; Ord. No. G-3733, § 1)

Sec. 33-6. Exemptions.

The following shall be exempt from provisions of this chapter:

(a) Erection of play pup tents or similar structures on residential property of less than fifty square feet of tent area and used for play or nonresidential purposes;

(b) Tents on display for sale or rent; and

(c) Swimming pool canopies; provided, that such structures shall conform with requirements of the Building Code and the Fire Prevention Code.

(d) Tents and tent trailers used for temporary portable housing and used solely for living and/or sleeping purposes, provided such tents and tent trailers are located on a travel trailer park as permitted by the Zoning Ordinance of the City of Phoenix.

(Code 1962, § 36-8; Ord. No. G-843, § 1; Ord. No. G-3733, § 1)

Last Modified on 05/07/2009 09:06:02