Township of Lower Pottsgrove, PA Chapter 89 Amusements

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Pottsgrove as indicated in article histories. Amendments noted where applicable.]

Article I Carnivals, Shows and Fairs

[Adopted 3-23-1995 by Ord. No. 192 (Ch. 13, Part 3, of the 1995 Code)]

§ 89-1 Definitions.

A. As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

AMUSEMENT RIDE

Any device that carries or conveys passengers along, around or over a fixed or 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, roller coasters, which may be permanently or temporarily installed or used in the Township.

CARNIVAL or CIRCUS

An itinerant enterprise consisting principally of temporary amusement structures and/or mechanical rides.

PERSON

Any natural person, partnership, firm or corporation.

SPECIAL EVENT

Any event to which the public is invited and at which it may be reasonably anticipated that in excess of 100 persons shall be in attendance, such as, but not limited to, car shows, fairs and similar events.

B. In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 89-2 Permit and fees required.

A. It shall be unlawful for any person to hold or conduct any circus or carnival or special event at any location within the Township or to operate any amusement ride therein without first having obtained a permit therefor from the Township Manager, for which a fee for the use of the Township shall be paid as established pursuant to a resolution of the Board of Commissioners, 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 article.

B. At the discretion of the Board of Commissioners, 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.

§ 89-3 Rejection of permits; appeals.

A. The Township 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 § 414 of that same Act.[1]

[1] Editor's Note: See 4 P.S. § 414.

B. 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 Board of Commissioners 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 Board of Commissioners.

§ 89-4 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment, to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.