[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:
AMUSEMENT RIDE
(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.
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.
[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.
[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.
[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.
[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.