[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as Ch. 76 of the 1983 Code. Amendments noted where applicable.]
No person shall carry on the exhibition of any circus or carnival without a license for such purpose.
The license fee for each circus performance and for every carnival shall be as set from time to time by resolution of the Board of Trustees. There shall be no fee if all proceeds of a circus performance or carnival, after expenses, are used for a charitable purpose or for the benefit of a charitable or religious corporation.
All licenses shall be for the period therein stated.
No circus or carnival may be operated within 300 feet of the premises of any church, school, hospital or similar institutions, nor within any town/village park except Eyer Park or Edmun Lyon Park.
No sideshows may be operated or maintained in connection with or incidental to any carnival.
No circus or carnival operator or any other person shall operate or maintain any devices or mechanisms on which the public rides or in which the public participates unless such devices or mechanisms are approved by the Building Inspector.
All proprietors or operators of carnivals shall file with the Village Clerk-Treasurer a policy of public liability of $500,000/$1,000,000 before opening for public patronage.
At least 15 days before the date scheduled for the performance, the operator of a circus applying for a license hereunder shall submit to the Building Inspector a plot plan drawn to a scale of one inch equals 100 feet, the plot showing the exact location of all tents, apparatus, etc., with relation to lot lines and buildings. There shall also be submitted with the plot plan larger plans drawn to at least a scale of 1/32 inch to the foot which will indicate all tents, seating arrangements, aisles, exits, passageways, grandstands, etc. Details shall indicate the construction of grandstands, bleachers, spacing of seats, number of seats between aisles, width of exits, open spaces around tents and leading to public walks and such other details as the Building Inspector or the Village Clerk-Treasurer may require.
Upon receipt of an application for a circus license, the Village Clerk-Treasurer shall immediately refer the same to the Building Inspector, who shall cause an investigation to be made. Said Building Inspector shall determine the amount of fire equipment and number of security officers which he deems necessary to be in attendance at the location of the proposed exhibition during the time of the performance, and the applicant shall deposit with the Village Clerk-Treasurer a sum equal to the reasonable value of the use of said equipment and the furnishing of the necessary personnel for such time as will be required, in order to reimburse the village for such expense.
No circus license shall be issued until the plans aforesaid have been approved by the Building Inspector, the deposit for fire and security protection has been made with the Village Clerk-Treasurer and the insurance specified in § 76-8 has been approved by the Village Attorney.
The operator of a circus or carnival shall comply with the following regulations:
Adequate aisles, seats, platforms and poles shall be maintained.
Sufficient exits, well marked and properly lighted, shall be provided.
Lighted and unobstructed passageways to aisles leading away from the structure wherein the performance is to take place shall be provided.
Any pole, rope or other construction in any aisle or exit shall be removed before the structure is used as a place of public assembly.
"No Smoking" signs, visible at all times, shall be posted in such manner and places as the Building Inspector may deem necessary.
An employee shall be stationed at each entrance and shall require the extinguishing of all cigarettes, cigars and smoking materials.
Announcements shall be made at frequent intervals to persons in the assembly of the fact that smoking within the structure is prohibited.
Any use of open flames shall be safeguarded in a manner required by the Building Inspector or entirely prohibited if, in his judgment, it is deemed necessary.
Proper facilities shall be maintained for calling the Fire Department.
Such fire equipment of the village as may be deemed necessary by the Chief of the Fire Department shall be present on the grounds during each circus performance.
Such security officers and firemen as the Building Inspector may deem necessary shall be in attendance during the performance.
Inspection shall be made before the opening of each performance by the Building Inspector, and any defects which may be found shall be corrected before the performance takes place.
The operator of such circus or carnival shall conform with any additional rules or regulations which in the judgment of the Building Inspector may be necessary to render the occupation or use of the premises safe.
Bond. The applicant for a circus license shall file with the village a bond in the sum of $25,000 conditioned upon saving harmless the Village of East Rochester from any and all liability or causes of action which might arise by virtue of the granting of a permit to the applicant and conditioned further that no damage will be done to the streets, sewers, trees or adjoining property and that no dirt, paper, litter or other debris will be permitted to remain upon the streets or upon private property by the applicant, either during or after the performance.
Insurance. The applicant for a circus license shall file with the Village Clerk-Treasurer evidence, deemed by the Village Attorney sufficient, that a public liability insurance policy in the amounts of not less than $500,000/$1,000,000 will be in force and effect at the time such structure will be occupied as a place of public assembly.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.