[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton 9-24-2018 by Ord. No. 648-2018.[1] Amendments noted where applicable.]
A.Â
AMUSEMENT RIDE
CARNIVAL or CIRCUS
PERSON
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any device that carries or conveys passengers along, around
or over a fixed restricted route or course or within a defined area
for the purpose of giving its passengers amusement, pleasure, thrills
or excitement, including, but not limited to, merry-go-rounds, ferris
wheels, and roller coasters which may be permanently or temporarily
installed or used in the Borough of Lehighton.
An itinerant enterprise consisting principally of temporary
amusement structures and/or mechanical rides.
Any natural person, partnership, firm or corporation.
B.Â
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.
A.Â
It shall be unlawful for any person to hold or conduct any circus
or carnival at any location within the Borough of Lehighton, or to
operate any amusement ride therein, without first having obtained
a permit therefor from the Borough Manager, for which a fee for the
use of the Borough of Lehighton shall be paid as established pursuant
to a resolution of the Borough Council, provided that 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.
B.Â
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.
A.Â
The Borough Manager shall refuse to grant a permit in any case where
the owner of such circus or carnival, or the operator of any amusement
ride, as the case may be, fails or refuses to present an official
inspection affidavit prepared by a qualified inspector in accordance
with the Amusement Ride Inspection Act (4 P.S. § 407) and
the regulations of the Amusement Ride Safety Board (7 Pa. Code § 139.1
et seq.) along with a certificate of insurance as required by Section
414 of the same Act.
B.Â
If any permit shall be denied, an appeal from such denial 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 within 10 days
of rejection, but no portion of a permit fee shall be refunded in
case of suspension or revocation. Such hearing shall be conducted
within 30 days of the appeal and a decision rendered by the Borough
Council.
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 $600, and, in default of payment, to imprisonment
for a term not to exceed 30 days. Every day that a violation of this
chapter continues shall constitute a separate offense.