City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 2 of Chapter 6 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 141.
Billiard rooms, bowling alleys and dance halls — See Ch. 163.
Entertainment — See Ch. 215.
Gambling devices — See Ch. 255.
Games of chance — See Ch. 257.
Parades — See Ch. 339.

§ 159-1 Definitions.

[Amended 9-20-1966 by Ord. No. 3706; 3-1-1977 by Ord. No. 4389-77]
As used in this chapter, the following terms shall have the meanings indicated:
BAZAAR
Includes a fair or function conducted for the sale of fancy or specialty wares, handicrafts, toys, food or food products and other miscellaneous goods and merchandise or other things contributed for some charitable object; provided, however, that said term "bazaar" as defined herein shall be deemed expressly to exclude making or permitting to be made available for public use or participation, either gratuitously or for a fee or admission charge, amusements of all kinds, including concession and amusement stands, rides or amusement devices, or games of chance or skill, or partly of chance and partly of skill, as a part of or incidental to the conduct or operation of any such bazaar.
[Amended 4-1-1980 by Ord. No. 4562-80]
CARNIVAL, EXHIBITION or TRAVELING SHOW
Includes a transient outdoor show or exhibition conducted in a temporary structure, composed wholly or partly of canvas or similar material, as a place of amusement or recreation or for any other similar public assemblage in which is conducted, operated or permitted games of chance, skill or partly chance or skill; or wherein goods are given or awarded to persons paying a consideration for a chance or opportunity to win or secure the same as a prize or award; or where concession stands or amusement stands are operated, conducted or maintained.
CIRCUS
Includes a transient outdoor show or exhibition conducted in a temporary structure, composed wholly or partly of canvas or similar material, in which are displayed or exhibited for the amusement or recreation of the general public feats of horsemanship, tumbling, acrobatics and feats of human skill and daring, together with feats of highly trained or unusually skilled animals, either alone or in concert with their tamers, trainers or keepers, and the performances of those persons garbed or dressed and made up in the costumes and makeup commonly or generally associated with circus clowns.
FESTIVAL
Includes a sidewalk, street sale or other outdoor function conducted for the sale of food or food products and other miscellaneous goods, wares and merchandise.
[Added 10-18-1988 by Ord. No. 5303-88]

§ 159-2 Certain performances and events prohibited; exceptions; permit requirements.

[Amended 9-4-1962 by Ord. No. 3454; 9-20-1966 by Ord. No. 3706; 3-1-1977 by Ord. No. 4389-77; 4-1-1980 by Ord. No. 4562-80; 4-15-1980 by Ord. No. 4565-80; 10-6-1987 by Ord. No. 5206-87]
A. 
No person as owner, lessee, manager, sponsor, officer or agent shall establish, operate or conduct or suffer or permit the establishment, operation or conduct of any carnival, festival, exhibition, traveling or other show, or have a street parade in connection therewith, within the boundaries of the City.
[Amended 10-18-1988 by Ord. No. 5303-88]
B. 
A bazaar, carnival or circus, however, may be conducted or operated by any church, church society, charitable or veterans organization of the City, provided that such bazaar, carnival or circus is conducted solely for the applicant's financial benefit and welfare, and provided further that a permit has first been applied for, its issuance consented to and approved by the Municipal Council and such permit obtained from the City Clerk as hereinafter provided in this section. The permit to be granted for a bazaar, carnival or circus under this section may include permission to operate or conduct as a part thereof a maximum of 12 games of chance or skill, six amusement devices or rides and 15 merchandise booths, upon a finding by the Municipal Council that such inclusions will not adversely affect the health, safety and welfare of the public.
(1) 
All applications for a permit under this section shall be made and delivered to the City Clerk in triplicate on forms to be supplied for that purpose.
(2) 
The application for the permit shall contain the following:
(a) 
The name and address of the applicant.
(b) 
The location of the proposed bazaar, carnival or circus, including the size of such location and a proposed layout of the facilities, stands and rides and the like, to be conducted as a part of such bazaar, carnival or circus.
(c) 
The days and hours upon and during which the bazaar, carnival or circus is proposed to be conducted.
(3) 
Before any application is presented to the Municipal Council for consideration, the City Clerk shall append thereto the results of investigations conducted by the Police Department, Board of Health and Building Department with reference to the effect of the conducting of the proposed bazaar, carnival or circus upon the health, safety and welfare of the public.
(4) 
The permit which may be granted hereunder shall not exceed one such permit to any organization or affiliate in any one calendar year. The bazaar, carnival or circus authorized under any such permit shall not be conducted for more than five consecutive days.
(5) 
No more than two bazaars, carnivals or circuses which conduct, as a part thereof, games of chance or skill shall be authorized hereunder on any Sunday.
(6) 
All tents, rides, exhibits, food concessions and/or other amusements operated at the bazaar, circus or carnival must successfully pass all requisite health, safety and fire inspections, which inspections shall be conducted by the City of Clifton at least 48 hours prior to the opening of the bazaar, carnival or circus in question.
[Added 10-20-1992 by Ord. No. 5601-92]
(7) 
The applicant shall file with the City Clerk a surety bond from a surety company licensed to conduct business in the State of New Jersey and approved as to form and surety by the Law Department of the City of Clifton, in an amount equal to one thousand dollars ($1,000.) multiplied by every one hundred (100) persons or part thereof estimated to be in attendance daily at the program or activity for which the permit is sought. The bond shall be for the purpose of protecting and preserving the property of the City of Clifton and shall be conditioned upon the applicant repairing or replacing any and all damage cause to City property or equipment from the conducting of such program or activity.
[Added 9-20-1994 by Ord. No. 5698-94]
(8) 
The applicant shall also file with the City Clerk an additional surety bond from a surety company licensed to conduct business in the State of New Jersey and approved as to form and surety by the Law Department of the City of Clifton, in the amount of two thousand five hundred dollars ($2,500.). The bond shall be posted to ensure that the costs of police protection and cleanup relating to the events are covered.
[Added 9-20-1994 by Ord. No. 5698-94]
(9) 
In lieu of the surety bonds mentioned in Subsection B(7) and (8) above, the applicant may place two thousand five hundred dollars ($2,500.) in escrow with the City of Clifton in the form of a bank or certified check.
[Added 9-20-1994 by Ord. No. 5698-94]
C. 
A festival, sidewalk sale or street sale, however, may be conducted or operated by any merchant, merchants' association or neighborhood association of the City, provided that a permit has been applied for, its issuance consented to and approved by the Municipal Council and such permit obtained from the City Clerk as hereinafter provided in this section.
[Added 10-18-1988 by Ord. No. 5303-88]
(1) 
All applications for a permit under this section shall be made and delivered to the City Clerk in triplicate on forms to be supplied for the purpose.
(2) 
The application for the permit shall contain the following:
(a) 
The name and address of the applicant.
(b) 
The location of the proposed festival, sidewalk sale or street sale.
(c) 
The days and hours upon and during which the festival, sidewalk sale or street sale is proposed to be conducted.
(3) 
Before any application is presented to the Municipal Council for consideration, the City Clerk shall append thereto the results of investigations conducted by the Police Department, Fire Department, Board of Health and Building Department with reference to the effect of the conducting of the proposed festival, sidewalk sale or street sale upon the health, safety and welfare of the public.

§ 159-3 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.) or by imprisonment for a term not exceeding ninety (90) days, or both.