Borough of Lewisburg, PA
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewisburg 6-3-1912 by Ord. No. 74. Amendments noted where applicable.]
GENERAL REFERENCES
Conduct — See Ch. 142.
Loitering — See Ch. 208.
Parks and recreation areas — See Ch. 230.
Sidewalk merchandise displays — See Ch. 300, Art. IV.
Zoning — See Ch. 360.

§ 134-1 Definitions.

[Amended 10-20-1987 by Ord. No. 833]
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
(1) 
Any device of the nature commonly a part of an amusement park or carnival, including but not limited to merry-go-rounds, ferris wheels, roller coasters, which may be permanently or temporarily installed or used in the Borough; or
(2) 
Any coin actuated device, installed or located for amusement purposes in or upon which one or more individuals may ride or be moved.
BOROUGH
The Borough of Lewisburg.
PERSON
Any natural person, partnership, firm or corporation.
B. 
In this chapter the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 134-2 Permit fees.

[Amended 10-20-1987 by Ord. No. 833]
A. 
It shall be unlawful for any person to hold or conduct any circus or carnival, at any location within the Borough, or to operate any amusement ride therein, without first having obtained a permit therefor from the Borough Manager, for which a fee as established by resolution of Borough Council, shall be paid for the use of the Borough.
B. 
No separate permit shall be required for any amusement ride that shall be a part of any carnival that shall be authorized under this chapter.
C. 
The Borough Manager may, at his discretion, refuse to grant a permit in any case or may suspend or revoke a permit already granted, where he, in his judgment, has reason to believe that the holding of such circus or carnival, or the operation of any amusement ride, as the case may be, could endanger the public health, morals, welfare or safety.
D. 
At the discretion of the Borough Council the permit fee may be remitted in the case of a circus or carnival the proceeds of which are applied to purely charitable uses or in the case the application for such permit shall have been made by and on behalf of any organization connected with the municipal government or with any public school district.
E. 
If any permit shall be refused, suspended or revoked an appeal from such refusal, suspension or revocation may be made by the applicant or by the person to whom such permit had been issued, as the case may be, to the Borough Council, but no portion of a permit fee shall be refunded in case of suspension or revocation. Such appeal must be made in writing within 30 days of the decision.

§ 134-3 Violations and penalties.

[Amended 10-20-1987 by Ord. No. 833]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.

§ 134-4 Insurance.

[Added 10-20-1987 by Ord. No. 833]
A. 
The grantee shall submit to the Borough a certificate, the form of which shall be approved by the Borough, attesting that grantee's employees are covered by adequate Workmen's Compensation insurance pursuant to the laws of the Commonwealth of Pennsylvania.
B. 
The grantee shall, on a form approved by the Borough Solicitor, provide the Borough with a certificate of insurance evidencing the following insurance coverage:
(1) 
Five hundred thousand dollars for personal injury
(2) 
One million dollars per occurrence
C. 
The grantee shall submit to the Borough, for approval, executed certificates and copies of insurance policies covering all insurance required by this chapter. Each certificate and insurance policy shall contain therein, or have contained in a rider attached thereto and made a part thereof, a clause to the effect that the insurer will notify the insured and the Borough in writing 30 days prior to cancellation of the policy.

§ 134-5 Indemnity; general liability.

[Added 10-20-1987 by Ord. No. 833]
Company shall indemnify and save harmless the Borough from all claims, demands, suits, actions, costs and expenses including counsel fees arising out of or caused by the installation, erection, operation, existence or maintenance of grantee's facilities permitted under this chapter. Grantee agrees that in the event a final judgment arising out of such claims, demands, suits or actions set out above, subject to no further appeal, is entered against the Borough, grantee will immediately provide to the Borough, for transmittal to plaintiff, a sum of money equal to the amount of the said judgment including any applicable intent and costs entered against the Borough.