Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 5-12-1976 by L.L. No. 4-1976 (Ch. 34 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 94.
Zoning — See Ch. 290.

§ 117-1 Title.

This chapter shall be cited as the "Circus and Carnival Law of the Town of Clarkstown."

§ 117-2 Definitions.

As used in this chapter, words shall have the following meanings. If no specific definition is set forth therein, all words shall have their usual meanings in the English language.
CARNIVAL
An amusement enterprise with amusement rides, booths, etc.
CIRCUS
An enclosure containing seats or standing room, covered by a tent or other structure, for exhibition, acrobatic performances, etc; also, the company of performers or the performance.

§ 117-3 License required.

No person, firm or corporation shall conduct, maintain, operate or use any building, plot or parcel of land for the operation, maintenance or conducting of circuses and carnivals in that portion of the Town of Clarkstown outside the limits of any incorporated village without having obtained a license therefor from the Building Inspector, as hereinafter provided. Said license shall be subject to the following:
A. 
The license shall not be for more than 14 days.
B. 
Parking is prohibited within 10 feet of the property line of abutting residential districts and within 20 feet of any on-site building or tent.
C. 
The site must be located in MRS, LO, LIO, M or CS Zoning Districts, except that the Town Board may waive this requirement in order to allow circuses and carnivals in any zone, because of special circumstances, for a period not to exceed seven days.
[Amended 3-29-1978 by L.L. No. 2-1978]
D. 
The use should adhere to the yard and height requirements of the Bulk Table for the applicable zoning district.[1]
[1]
Editor's Note: See Ch. 290, Zoning.
E. 
Access is to be from a major or secondary road.

§ 117-4 Fees.

A. 
The following fees shall be paid to the Building Inspector for a license as hereinafter set forth:
(1) 
Circuses and carnivals: A fee, as established from time to time by Town Board resolution, shall be paid for each week or any fraction thereof.
[Amended 12-11-1984 by L.L. No. 5-1984; 3-16-2010 by L.L. No. 1-2010]
B. 
The Town Board may waive any fees set forth herein for charity events.
[Added 9-11-1991 by L.L. No. 6-1991]

§ 117-5 Approval by governmental departments.

[Amended 12-11-1984 by L.L. No. 5-1984]
A. 
Before the Building Inspector shall issue a license for a circus or carnival, the applicant shall make application, in writing, therefor to the Building Inspector and shall present to the Building Inspector, on the form provided, a plan of the site showing the general area of the site; the location of all proposed rides, booths, enclosures, tents and trailers on the site; the proposed seating arrangement; and the proposed fire protection.
B. 
In addition to the foregoing, the applicant must submit to the Building Inspector a statement signed and acknowledged by the owner of the property which constitutes the proposed site of the circus or carnival, or his or her duly authorized agent, granting permission to the applicant to use the said property in the manner described in the license application.
C. 
In addition to the foregoing, the following departments shall also be required to approve the application for the license:
(1) 
The Rockland County Health Department as to the adequacy of the proposed sanitary facilities, sewage disposal and adequacy and sufficiency of drinking water.
(2) 
The Clarkstown Police Department as to the adequacy of the proposed plan of off-street and highway parking.
(3) 
The Clarkstown Fire Inspector as to fire safety.
(4) 
The New York State Labor Department as to the safety of equipment.

§ 117-6 Care of property and security for cleanup.

[Amended 12-11-1984 by L.L. No. 5-1984]
A. 
It shall be the responsibility of the applicant to protect and to see that any lot or parcel of land used for such circus or carnival is cleared of all debris and rubble within 72 hours after the closing of such circus or carnival. Cash or certified check in an amount of $2,000 shall be posted to ensure compliance with this provision. In addition to the requirements of § 117-5, an application for a license to conduct a circus or carnival must be accompanied by a statement signed by the property owner or duly designated agent and the operator of the circus or carnival agreeing to the provisions of this section and the forfeiture of the security deposit for failure to obtain a certificate of discharge as hereinafter provided.
[Amended 9-11-1991 by L.L. No. 6-1991]
B. 
Said funds shall be returned to the carnival or circus depositing said funds only upon its obtaining a certificate of discharge from the Building Inspector of the Town of Clarkstown. This certificate of discharge shall be granted only after an inspection of the premises by the Building Inspector to ensure compliance with Subsection A of this section.
C. 
If there is not full compliance with Subsection A of this section within 72 hours of the closing of the circus or carnival, then the funds on deposit shall automatically be forfeited to the Town without any further notice.

§ 117-7 Hours of operation.

The license issued by the Building Inspector shall provide for operation of the particular amusements licensed during the hours hereinafter set forth:
A. 
Circuses and carnivals: 10:00 a.m. to 1:00 a.m., except on Sundays, when the hours of operation shall be from 12:00 noon to 1:00 a.m.

§ 117-8 Revocation of license.

[Amended 12-11-1984 by L.L. No. 5-1984]
Any license issued hereunder by the Building Inspector may be revoked by the Town Board pursuant to the standards and procedures set forth in § 137 of the Town Law.

§ 117-9 Review by Town Board.

[Amended 12-11-1984 by L.L. No. 5-1984]
In the event of refusal of the Building Inspector to issue a license, the applicant may apply to the Town Board for a review of the Building Inspector's decision pursuant to the provisions of § 137 of the Town Law of the State of New York.

§ 117-10 Refusal of license by Building Inspector.

[Amended 12-11-1984 by L.L. No. 5-1984]
The Building Inspector may refuse a license to any person, firm or corporation pursuant to the standards set forth in § 137 of the Town Law.

§ 117-11 Effect on other provisions.

All portions of all ordinances of the Town of Clarkstown inconsistent herewith are hereby repealed, except that nothing herein shall in any manner be construed to in any way alter or repeal any of the provisions of the Zoning Ordinance[1] relating to the use of property in the Town of Clarkstown.
[1]
Editor's Note: See Ch. 290, Zoning.

§ 117-12 Penalties for offenses.

[Amended 9-11-1991 by L.L. No. 6-1991; 3-16-2010 by L.L. No. 1-2010]
Any person committing an offense against any provision of this chapter shall be guilty of a Class B misdemeanor, punishable by a fine not exceeding $1,000 or by a term of imprisonment not in excess of three months.

§ 117-13 Exception.

[Added 6-5-2001 by L.L. No. 5-2001; amended 5-14-2002 by L.L. No. 5-2002; 5-27-2003 by L.L. No. 2-20035-25-2004 by L.L. No. 2-2004; 6-14-2005 by L.L. No. 5-2005]
The Town Board may, for good cause, from time to time, by resolution authorize the Building Inspector to issue licenses to circuses and carnivals to operate for a term in excess of 14 days.