[HISTORY: Adopted by the Township Committee of the Township of Pemberton 3-5-1975 as Section 19:1 of Ch. XIX of the General Ordinances. Sections 68-2, 68-3 and 68-11 amended and § 68-4B added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
- AMUSEMENT PARK
- Any outdoor place where any or some of the following facilities and devices for entertainment are maintained and for which an admission charge is made: swimming pools, bathing beaches, skating rinks, locker rooms, restaurants, bowling alleys and children's entertainment rides.
- A person having a township license in full force and effect issued hereunder for an amusement park.
Word usage. When not inconsistent with the context, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
No person shall construct, operate or maintain an amusement park within the township without first obtaining a license as hereinafter provided from the Township Clerk, upon approval of the Township Committee.
The enforcement officials designated to enforce the provisions of this chapter shall be the Police Department, the Township Administrator and the Code Enforcement Officer of the Township of Pemberton.
Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the Township Clerk and shall state:
Identification. The name, home address and proposed business address of the applicant.
Amusement facility distribution. The number and types of amusement facilities or devices which the amusement park is planned to accommodate.
Hours. The hours of operation for said amusement parks.
Employees. The names, addresses and number of employees and attendants.
Other. Such other information as the Township Clerk shall find reasonably necessary to effectuate the purpose of this chapter and to arrive at a fair determination of whether the terms of this chapter have been complied with.
Plat or drawing. An application hereunder shall be accompanied by a plat or drawing of said amusement park showing: its location and size; location and size of entrances and exits; location of all roadways or driveways; location, size, description and construction of all structures; description and location of all facilities and devices for entertainment; and location, size and construction of walls, fences or barriers surrounding said premises.
An application hereunder shall be accompanied by an application fee of $50.
Every application for a license hereunder shall be accompanied by a bond, approved as to form by the Township Attorney, executed by a bonding or surety company authorized to do business in the State of New Jersey, in the penal sum of $500,000, conditioned upon the payment by the licensee of any and all final judgments for injuries or damages resulting to persons or property arising out of the operation or maintenance of any amusement park. Such bond shall run to the township for the benefit of any person who may receive injuries and for the benefit of any person who may claim redress for property damage resulting from the operation or maintenance of such amusement park. Such bond shall remain in full force and effect for the full period of time for which the license is effective. A liability insurance policy issued by an insurance company authorized to do business in the State of New Jersey and providing for a minimum comprehensive general liability coverage for bodily injuries in the amount of $300,000 for each accident and $100,000 for each person, and minimum comprehensive general liability for property damage in the amount of $25,000 per accident, may be permitted in lieu of a bond.
Within 10 days after receipt of an application as provided for herein, the Township Clerk shall cause an investigation to be made of the applicant and his proposed amusement park operation.
The Township Clerk shall issue a license hereunder when he finds:
Moral character. That the applicant and all employees and attendants are of good moral character and capable of operating the proposed business in a manner consistent with the public safety and good morals.
Bond. That the bond or insurance policy, as required by this chapter, has been procured.
Compliance. That the requirements of this chapter and of all other governing laws and ordinances have been met.
A license shall be issued to a successful applicant hereunder after payment to the Township Clerk of a license fee of $400. The license fee for an open-air bathing or public swimming pool, park or club shall be $200 per year on the yearly anniversary of the date of issuance, provided the applicant has complied with this chapter and other governing laws and ordinances.
A licensee hereunder shall comply with the following requirements and standards of operation:
Conduct and operation.
Quiet and good order. The licensee shall maintain quiet and good order upon the premises consistent with the activities conducted thereon where the amusement park is operated, and loitering shall not be permitted in or about the entrances to or exits from the amusement park. No alcoholic beverages shall be served or consumed on the premises.
Hours of operation. The licensee shall not conduct any amusements, facilities or devices for entertainment or remain open to the public after 11:00 p.m., prevailing time, in the evening or prior to 9:00 a.m., prevailing time, in the mornings, except bowling alleys, restaurants and skating rinks may remain open until 12:00 midnight.
Parking facilities. The licensee shall establish and maintain plainly marked and clearly designated parking areas on the premises for persons using and operating the amusement park.
Standards for maintenance of premises.
Attendants. At all times when the amusement park is opened to the public, the licensee shall provide an adequate number of qualified attendants on duty at all times, who shall patrol the exits, entrances, beaches, parking areas and facilities for entertainment or amusement to see that order is maintained, that disorderly or immoral conduct is prevented, that the entrances and exits are kept free from congestion and that this chapter and all other governing ordinances, rules and regulations pertaining to amusement parks are observed. Qualified lifeguards shall be on duty at all times while bathing beaches are open to the public.
Access. The licensee shall provide access available to public streets or other public ways from at least two points at all times. Such means of access shall be kept clear by the licensee at all times to facilitate departure of persons in vehicles and to permit entrance of fire apparatus or ambulances in case of emergency.
Paving or treatment. All drives and areas used by vehicles must be satisfactorily paved by the licensee or treated to avoid creating dust.
Fire extinguishing equipment. Fire extinguishing equipment shall be furnished by the licensee in such amount and in such locations as may be directed by the Township Fire Marshal. Said equipment shall be open to inspection by the Township Fire Marshal at all reasonable hours.
Sanitary facilities. Adequate and proper sanitary facilities approved by the Township Board of Health shall be provided by the licensee.
Noise. No central loudspeaker shall be permitted by the licensee. All outdoor entertainment devices and facilities shall be conducted without disturbing music or other unnecessary noise. Licensee will conduct the entire premises in such a manner as to prevent annoyance and other disturbances to adjoining property owners and to prevent his amusement park from becoming a nuisance.
Premises free from refuse. No person shall place, throw or deposit any food, beverage, paper, bottle or other waste materials upon the premises of any amusement park, nor shall licensee permit such conduct.
The Township Administrator shall have the authority to revoke or suspend a license issued hereunder, pending final approval of the Township Committee, when he finds:
Violations. That the licensee is operating in violation of this chapter or any other governing law, ordinance or regulation.
Nuisance. That the licensee is operating so as to constitute a nuisance by reason of noise or immoral activity on the premises.