[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.]
[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:
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]
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.
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.
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]
[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]
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.
(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.
[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.
