[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 76 of the 1983 Code. Amendments noted where applicable.]
A.
No person shall carry on the exhibition of any circus
or carnival without a license for such purpose.
B.
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.
C.
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.
A.
No sideshows may be operated or maintained in connection
with or incidental to any carnival.
B.
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.
C.
All proprietors or operators of carnivals shall file
with the Town/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 Town/Village Clerk-Treasurer
may require.
Upon receipt of an application for a circus
license, the Town/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 Town/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 Town/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 Town/Village Clerk-Treasurer and the insurance specified in § 76-8 has been approved by the Town/Village Attorney.
A.
The operator of a circus or carnival shall comply
with the following regulations:
(1)
Adequate aisles, seats, platforms and poles shall
be maintained.
(2)
Sufficient exits, well marked and properly lighted,
shall be provided.
(3)
Lighted and unobstructed passageways to aisles leading
away from the structure wherein the performance is to take place shall
be provided.
(4)
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.
(5)
"No Smoking" signs, visible at all times, shall be
posted in such manner and places as the Building Inspector may deem
necessary.
(6)
An employee shall be stationed at each entrance and
shall require the extinguishing of all cigarettes, cigars and smoking
materials.
(7)
Announcements shall be made at frequent intervals
to persons in the assembly of the fact that smoking within the structure
is prohibited.
(8)
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.
(9)
Proper facilities shall be maintained for calling
the Fire Department.
(10)
Such fire equipment of the Town/Village as may be
deemed necessary by the Chief of the Fire Department shall be present
on the grounds during each circus performance.
(11)
Such security officers and firemen as the Building
Inspector may deem necessary shall be in attendance during the performance.
(12)
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.
B.
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.
C.
All circuses and carnivals must comply with any applicable requirements
of the New York State Uniform Fire Prevention and Building Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
Bond. The applicant for a circus license shall file
with the Town/Village a bond in the sum of $25,000 conditioned upon
saving harmless the Town/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.
B.
Insurance. The applicant for a circus license shall
file with the Town/Village Clerk-Treasurer evidence, deemed by the
Town/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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
As used in this chapter, the following terms shall have the
meanings indicated:
An amusement enterprise with amusement rides, booths, etc.
Any institution featuring exhibits for the purpose of entertainment
and includes, but is not limited to, exhibitions and performances
by clowns, acrobats and/or animals, provided that nothing in this
chapter shall be construed as authorizing any display of wild or exotic
animals otherwise prohibited by the Code of the Town/Village of East
Rochester.
