[HISTORY: Adopted by the Borough Council
of the Borough of Palmerton 2-19-1980 by Ord. No. 394. Amendments noted where applicable.]
No person shall exhibit, show, conduct or operate
at any place within the Borough of Palmerton or cause or permit to
be exhibited, shown, conducted or operated at any place within the
Borough, which place is owned, leased, managed or controlled by him/her,
any circus or carnival, or any merry-go-round, Ferris wheel, airplane
ride or any other type of mechanical ride unless the same shall have
been licensed according to the provisions of this chapter.
No license shall be issued under this chapter
until permission has first been granted by the Borough Council and
until the prescribed license fee has been paid and any cash bond has
been paid and/or evidence of public liability insurance has been submitted
as required by this chapter.
A.Â
Before the Borough Council shall grant permission, as provided in § 49-3, the premises where a circus or carnival is proposed to be held or any type of mechanical ride is proposed to be installed shall be inspected by the Police Chief, the Health Officer and the Fire Chief of the Borough in order to ascertain whether such premises is suitable for the purpose and free from dangerous or hazardous features. The Council may cause other investigations or inspections to be made in order to secure the facts needed by it in determining whether or not the permission shall be granted.
B.Â
The Council may deny such permission on account of
the existence of any unsanitary, hazardous or dangerous condition,
or because the location is deemed by it to be unsuitable on account
of the creation of a traffic hazard, the lack of accommodations for
the number of persons and/or vehicles likely to be attracted thereto
or a specific threat to the health or safety of the performers or
persons in attendance.
C.Â
In every case, the Council, in granting such permission,
shall state the type of entertainment authorized and the time for
which permission is to remain in effect. Such permission may be granted
conditionally, dependent upon the taking of stipulated action by the
holder of the license in order to meet standards of sanitation and
safety.
Every person applying for a license for a circus
or carnival shall deposit with the Borough Treasurer a cash bond in
the sum of $1,000 conditioned for the faithful observance of the provisions
of this chapter and saving harmless the Borough of Palmerton from
any and all liabilities and causes of action which might arise by
virtue of the granting of such license by the Borough and conditioned
further that no damage will be done to any of the streets or sewers
of the Borough and that no dirt, paper, litter or other debris will
be permitted to remain upon the streets or any private property by
such licensee. Such bond will be returned to the licensee upon certification
by the Borough Manager and the Chief of Police that all conditions
of this chapter have been complied with and that the property and
streets where such circus or carnival has been held have been placed
in a neat condition and all debris has been removed.
Every applicant for a license for a circus or
carnival shall, before such license is granted, furnish the Borough
Manager with evidence that a public liability insurance policy in
amounts of not less than $200,000 for one person and $1,000,000 for
any one accident shall be in force and effect at the time such circus
or carnival is to operate in the Borough. Such policy shall be subject
to the approval of the Borough Solicitor.
A.Â
Any person having obtained permission from the Borough
Council, as provided in this chapter, and desiring to procure a license
under this chapter shall pay to the Borough Manager, for the use of
the Borough, a license fee as established from time to time by resolution
of Council.
B.Â
Upon payment of such fee and the furnishing of evidence
of having paid the cash bond and obtained the public liability insurance
policy as required herein, such person shall be granted a license
by the Borough Manager. Such license shall state the type of entertainment
authorized and the time for which such license shall be granted. No
person who shall be granted a license under this chapter shall operate
or conduct thereunder any type of entertainment or device other than
that specified therein or shall continue to operate or conduct any
type of entertainment or device beyond the period for which such license
shall have been granted. A separate license shall be required for
each place within the limits of the Borough where any such entertainment
is maintained.
After any license shall be granted under this
chapter, and before any circus or carnival shall be held or amusement
ride operated thereunder, the Mayor shall cause the proper Borough
officers to inspect the premises and all installations made therein
in order to determine whether all dangerous, hazardous and unsanitary
features have been eliminated and whether all conditions contained
in the permission of the Council have been met. The holder of such
license shall cause all such conditions to be met before beginning
to hold such circus or carnival or to operate any amusement ride,
and he/she shall maintain the premises and installations in proper
condition for the duration of the license.
No person granted a license under this chapter
shall permit any disorderly or immoral conduct upon the premises for
which such license shall have been granted, nor shall any such person
permit any gambling, any sale of obscene literature or any indecent,
immoral or lewd act or performance upon such premises.
The Mayor is hereby authorized to revoke any
license granted under this chapter in case of failure to maintain
proper standards of safety and sanitation and in case of the licensee's
permitting any gambling, sale of obscene literature or any indecent,
immoral or lewd act or performance. In case of revocation of any license
as herein provided, no portion of such license shall be returned to
the holder of such license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or fails to comply with the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, § 1-17A and B, of the Code of the Borough of Palmerton. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.
