[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.
This chapter shall be cited as the "Circus and
Carnival Law of the Town of Clarkstown."
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.
An amusement enterprise with amusement rides, booths, etc.
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.
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]
E.
Access is to be from a major or secondary road.
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]
[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.
[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.
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.
[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.
[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.
[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.
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.
[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.
[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. 2-2003; 5-25-2004 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.
