For the purposes herein, the following definitions shall apply:
COMMERCIAL ESTABLISHMENT
Any building, tent, open area or premises where, in or on that location,
a fee or cost is charged for admission, participation, food or beverages.
DWARFISM
The disproportionate or proportionate short stature of individuals
usually caused by a genetic syndrome.
PHYSICAL CONTESTS or ALLEGED RECREATIONAL PHYSICAL ACTIVITY
Any activity involving any strenuous physical endeavor by any participant
or participants, whether or not the participant or participants are employees,
patrons, guests, visitors, bystanders or paid independent contractors, for
the purposes of a contest or display of physical performance engaged in by
two or more persons. Exempted from this definition and from this Article are
any of the following:
C.
Playing of musical instruments.
D.
Individually performed acrobatics.
E.
Individually performed acts of strength or skill.
No person, group of persons, partnership, corporation or other entity
(hereinafter referred to as "commercial establishment") owning, maintaining
or operating a commercial establishment within the City of Somers Point shall
permit, promote or otherwise allow in or on his, her, their or its premises
any physical contest or alleged recreational physical activity which creates
an unreasonable but forseeable risk of injury or physical harm to any participant,
including but not limited to a participant suffering from dwarfism.
Any commercial establishment seeking to permit or promote any physical
contest or alleged recreational physical activity involving a participant,
including but not limited to a participant suffering from dwarfism, in or
on its premises shall be required to file an application with the City Clerk
for a special permit not less than 60 days prior to the event. Each separate
date for such an event shall require a separate application for a separate
special permit. Any commercial establishment which does not file such application(s)
or which does not file such application(s) timely shall be prohibited from
permitting, promoting or conducting the event.
After timely filing with the City Clerk of a complete application for
the purposes herein specified, the governing body shall consider the application
and grant or deny the special permit. No special permit shall be granted to
any applicant whenever the medical letter(s) or report(s) filed with the application
on behalf of the participant(s) or the medical examination(s) of the participant(s)
conducted by the city leads the governing body to conclude that there exists
the unreasonable but foreseeable risk of physical harm to a participant.
Any person, group of persons, partnership, corporation or other entity
owning, maintaining or operating a commercial establishment, within the City
of Somers Point, permitting, promoting or otherwise allowing or conducting
a physical contest or alleged recreational physical activity regulated herein
without a special permit granted by the City of Somers Point and any participant
engaging in a physical contest or alleged recreational physical activity regulated
herein without the special permit referred to herein shall be in violation
of this Article. Each person in violation of this Article, including each
partner in a partnership in violation of this Article, each officer or director
of a corporation in violation of this Article and each employee or other person
acting on behalf of a person or group of persons, partnership, corporation
or other entity in violation of this Article shall be subject to a fine pursuant
to N.J.S.A. 40:49-5, as amended, not exceeding $1,000 for the first offense
and a fine not exceeding $1,000 and/or imprisonment and/or community service
pursuant to N.J.S.A. 40:49-5, as amended, for any subsequent offense or offenses.
This article does not replace or restrict any New Jersey State statute,
administrative rule or regulation or any other ordinance of the City of Somers
Point, and a violation hereof may be cumulative or in addition to any such
other violation(s).