[HISTORY: Adopted by the Borough Council of the Borough of Trainer 8-11-2011 by Ord. No. 722. Amendments noted where applicable.]
GENERAL REFERENCES
Fortune-telling prohibited — See Ch. 88, Art. III.
Health and sanitation — See Ch. 140.
Noise — See Ch. 170.
Taxation — See Ch. 234.
Carnivals, fairs, circuses, live theatrical exhibitions, food festivals, car shows, craft shows, flea markets, tent shows, and similar temporary events held for the purpose of attracting and entertaining or educating members of the public or members of any group of persons shall conform to and be bound by the following regulations:
A. 
An application for a permit shall be submitted to the Council of the Borough of Trainer at least 45 days prior to the event. The application shall specify the following:
(1) 
Name, address and phone number of the person, company or entity which shall operate the event.
(2) 
Name, address and phone number of the person, company, organization or entity which is sponsoring and/or hosting the event.
(3) 
Name, address and phone number of the owner of the property on which the event is to be held.
(4) 
The dates that the event shall be held, and the dates of the erection and installation as well as the disassembly and removal of any equipment, devices, tents, booths or any and all other items to be used in conjunction with the event.
(5) 
The type of event.
(6) 
The devices, equipment and items to be used for the event, including, but not limited to, tents, generators, specific pieces of amusement equipment or other equipment, sound equipment, lighting, lavatories, and food preparation and cooking facilities.
(7) 
The arrangements for parking of all persons attending the event.
(8) 
The greatest anticipated number of persons, including employees, attending the event at any one time.
(9) 
Provisions for security and medical emergencies.
(10) 
Whether the event operator has been found guilty of the violation of any law or ordinance as the result of operating a similar event in any other municipality.
B. 
The application shall be accompanied by a certificate evidencing that there is insurance coverage for injury to any persons in the amount of $1,000,000 or greater and insurance coverage for damages to any property in the amount of $1,000,000 or greater. A certificate shall be provided evidencing that the insurance meets the requirements of the Amusement Ride Inspection Act, § 414. The application shall also be accompanied by an official inspection affidavit prepared by a qualified inspector in accordance with the Amusement Ride Inspection Act (4 P.S. § 401 et seq.) and the Amusement Ride Safety Board (7 Pa. Code § 139.1 et seq.)
C. 
The person, company or entity operating the event shall pay to the Borough of Trainer the anticipated earned income taxes for all of the employees or other workmen or subcontractors working at or for the event and shall pay to the Borough of Trainer the anticipated profits taxes for the operator of the event prior to the start date of the event. Relevant tax returns shall be filed at the conclusion of the event. Any additional taxes owed shall be paid by the event operator for itself and for all employees, workmen and subcontractors, at the conclusion of the event.
D. 
The event operator shall be solely responsible for any and all damages to public property and to neighboring properties caused as the result of the event, including, but not limited to, caused by people attending the event.
E. 
The event shall be conducted in conformity to all ordinances of the Borough of Trainer, including but not limited to all noise, health and safety ordinances.
F. 
All food preparation, cooking and serving areas, and all lavatory areas shall be subject to inspection by the Board of Health at any and all times.
G. 
All events shall be limited to 20 days, including the days necessary to set up and to remove all equipment, devices, fixtures and other items used in the event.
H. 
All event operators shall obtain all necessary permits from the Borough Building Inspector and shall be subject to all safety inspections applicable and/or necessary.
Borough Council shall have the sole discretion to grant or to deny a permit application for any particular event. When considering a permit application for an event, Borough Council shall consider:
A. 
The zoning district in which the event is to be held.
B. 
The use and occupancy of surrounding properties.
C. 
The hours of operation for the event.
D. 
The possible adverse impacts of the event on the public health and safety, and the possible adverse impacts of the event on the peace and quiet of the neighborhood.
E. 
The adequacy of parking and the impact upon traffic.
F. 
The sufficiency of available public services.
G. 
The track record of the event operator relative to public health and safety and the impact of the event upon the community and the conformity of the event to applicable ordinances and laws for similar events held in other municipalities.
It is anticipated that such events shall place an additional burden upon the Borough Police Department. The event operator shall, prior to the start date of the event, pay a sum to the Borough of Trainer equal to the anticipated cost to the Borough for having police officers in service during the event greater in number than is normal and customary when there is not such an event.
Any person, company, corporation, firm, association, partnership or entity violating this chapter shall be subject to a fine not exceeding $1,000 for each and every separate violation.