Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 162.
Temporary buildings or structures for public assemblages — See Ch. 217.
Fire prevention and protection — See Ch. 308.
Games of chance — See Ch. 321.
Land use — See Ch. 348.
Noise — See Ch. 368.
Peace and good order — See Ch. 388.
Peddling and soliciting — See Ch. 391.
Signs — See Ch. 427.
Solid waste — See Ch. 442.
Mobile food units — See Ch. 537, Art. II.
[1]
Editor's Note: This ordinance repealed former Ch. 238, Carnivals, Circuses and Traveling Shows, adopted 11-27-1973 by Ord. No. 1378 as Ch. 68 of the 1973 Code, as amended.

§ 238-1 Regulations; licensing requirements; fee.

The following regulations shall apply to each and every carnival, circus and traveling show to be hereafter conducted in this municipality;
A. 
No carnival, circus or traveling show shall be opened or operated in Toms River Township unless and until a license has been issued for same by the municipality, in accordance with this chapter.
B. 
No license for a carnival, circus or traveling show shall be considered or issued until the person or firm desiring to operate same shall have made out and signed a written application for license and filed same with the Township Clerk and paid the proper fee for same to the Township Clerk.
C. 
The application for license and proper fee must be delivered to the Township Clerk at least 10 days before the Township Council meeting at which the application is to be considered.
D. 
All such applications shall be made on forms to be provided by the Township of Toms River.
E. 
The proper fee shall be $50 per day each carnival, circus or traveling show is licensed to operate, and the total amount of said fee must accompany the application. If the application is denied, $10 of the tendered fee shall be retained by the Township as a processing fee for checking application, applicant and incidental clerical work.
F. 
No licensee shall permit any gambling, betting, wagering or other violation of law on any licensed premises. The duty to keep the licensed premises free from such illegal activities is hereby imposed upon the licensee as a condition of any license to be issued.
G. 
No alcoholic beverages shall be served, sold or consumed on any licensed premises unless and until a proper and legal license therefor is acquired from the State of New Jersey or its proper agency.
H. 
No loud noise, talk or music shall be permitted on any licensed premises to the annoyance of any person.
I. 
No profane or indecent talk shall be permitted on any licensed premises.
J. 
No business or practice which is in violation of any law of the State of New Jersey or any ordinance of this Township shall be permitted on any licensed premises.
K. 
Each licensee shall be responsible for any and all acts of his agents, employees and servants on the licensed premises.
L. 
Each applicant shall set forth in its application the name and addresses of all parties interested in and intended to benefit from the contemplated profits of the venture and the amount or percentage thereof. If the stated beneficiary of any part of the profits is a charitable, patriotic or religious group, body or corporation of Toms River Township, its proper officers shall approve said application and verify the statements made in the application as to it, in writing.

§ 238-2 Suspension of license.

Any violation of any one or more of said rules shall be sufficient grounds for suspension of any license. The municipality reserves the right to suspend a license upon reasonable grounds of a probable violation of one or more of said rules by the licensee or his agent, employee or servant.

§ 238-3 Revocation hearings.

The Township Council shall have the right to revoke any license for a violation of any of said rules, after public hearing upon at least two days' written notice of said hearing to the licensee. Any notice to the licensee shall be considered sufficiently given if left with the licensee or person in charge of the licensed premises or mailed to the licensee at the address given by him in his application for said license.

§ 238-4 Written consent of site owner.

Each application for license shall contain the written consent of the owner of the site where the carnival, circus or traveling show is proposed to be conducted, for same to be so conducted on his property, in accordance with the application.

§ 238-5 Cash bond.

Each applicant for license shall deposit with Township Clerk, at time of filing application, a cash bond in the amount of $100 to guarantee that, upon the expiration of the license, the licensed premises and the adjacent public roads and immediate vicinity of the licensed premises will be left in good condition, cleaned up and cleared of all paper, waste material and debris then at the licensed premises, adjacent public roads and in immediate vicinity to licensed premises.

§ 238-6 Clerk's notice to Police Department.

The Township Clerk shall notify in writing the Township Police Department immediately upon the issuance of each license, setting forth in each notice the licensed premises, licensee, type of license and the licensed period. Upon the receipt of such notice, it shall be the duty and responsibility of the said Police Department to see that no provision of the laws of the State of New Jersey or of this chapter are violated at said licensed premises.

§ 238-7 Violations and penalties.

Any person who shall conduct or attempt to conduct a carnival, circus or traveling show in this Township without having a license so to do shall, upon conviction, be subjected to a fine of not more than $400 or to imprisonment in the common jail of the County of Ocean for a term of not exceeding 30 days, or both, at the discretion of the Municipal Judge before whom said conviction is had.

§ 238-8 Disposition of fees; purpose of fees.

A. 
Purposes. All fees to be paid pursuant to the provisions of this chapter are the property of the municipality, and this chapter is for the dual purposes of:
(1) 
Raising revenue for the municipality; and
(2) 
Providing police regulations of carnivals, circuses and traveling shows.
B. 
Waiver of fees. The Township Council may, by resolution, waive fees that are solely controlled by the Township, upon an application by a public or nonprofit agency and upon a finding that waiver of the fees will not adversely affect the purpose for which fees are being charged.