[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 2-27-1990
as Ord. No. 3-90. Amendments noted where applicable.]
After a review of the history of carnivals, fairs and other open-air
shows or entertainment heretofore conducted in the Borough of Maywood, together
with complaints conveyed to the governing body by persons affected by the
conduct of such activities, the Mayor and Council of the Borough of Maywood
finds that while circuses. carnivals, fairs and other open-air shows or entertainments
are a valid and generally accepted form of fundraising for nonprofit organizations,
the density of the residential population of the borough gives such activities
the potential for disturbance, nuisance and tumult and, therefore, such activities
should be reasonably regulated.
No circus, carnival, fair or other open-air show or entertainment shall be produced, carried on or conducted in the borough unless a permit therefor has been approved by the Borough Council and the permit fee paid as hereinafter provided. Any nonprofit, charitable, eleemosynary or benevolent organization, which is located or operates within the confines of the borough and has as its primary purpose the raising of money for the promotion of the health, safety, morals and general welfare of the community, may be granted a permit for the operation of a circus, carnival, fair or other open-air entertainment in the borough on public or private lands, based upon the requirements of this chapter. Events sponsored by the Borough of Maywood, with the approval of the Mayor and Council, shall be exempt from the permit requirement, but not from regulations applicable to permittees, as contained in § 143-8 hereof.
A.
The application for the permit shall be filed with the
Borough Clerk not less than 45 days prior to the proposed event and shall
state:
(1)
The name and address of the group or person sponsoring
the event (sponsor).
(2)
The name and residence or principal office of the person
or business entity actually conducting the event (coordinator).
(3)
The purpose and place (location) for which a permit is
sought for the planned event.
(4)
The inclusive dates for which the permit is sought, and
the times during such dates that business will be conducted at the event,
including set up and take down.
(5)
A certification that the person or business entity conducting
the event (coordinator) has never been convicted of any crime involving a
breach of the peace, infliction of bodily harm, sexual assault or theft. In
the event that such applicant cannot so certify, for any reason, such applicant
shall provide complete information respecting the state, date and nature of
each conviction.
B.
In addition, the following requirements shall be met:
(1)
The applicant shall attach to its application a certificate
of insurance evidencing coverage for property damage in an amount not less
than $250,000 and for liability for personal injury in an amount not less
than $1,000,000, and, if the applicant proposes to hold the circus, carnival
or fair on the property of the Borough of Maywood, the applicant shall also
attach a certificate of insurance naming the Borough of Maywood as an additional
insured for the minimum coverage amounts referred to in this section.
[Amended 5-22-2002 by Ord. No. 5-02]
(2)
The applicant actually conducting the event (coordinator)
shall, by signing the application, agree to indemnify from liability the Borough
of Maywood, for any acts or omissions made by such applicant. Such indemnification
shall appear prominently upon the application form.
(3)
The application shall be signed by a resident of the
Borough of Maywood on behalf of the sponsoring organization and by a person
who is either the owner or officer in charge of the business entity conducting
the event.
C.
The fee for the permit shall be $50 and shall be payable
with the filing of the application.
A.
The Borough Clerk shall refer the application to the
Chief of Police and post a copy of the application on the public bulletin
board in the Borough Hall.
B.
The Chief of Police shall make or cause to be made an
investigation of the facts stated in the application and an inspection of
the premises in or on which the circus, carnival or other open-air entertainment
is to be located. The Chief shall thereafter attach to the application his
report thereon, in writing, which shall also state his recommendation for
approval or disapproval, with the reasons therefor. Reasonable conditions
for traffic and crowd controls may be recommended by the Chief of Police.
This report shall be submitted by the Chief of Police within 10 days after
receipt of the complete application from the Borough Clerk.
C.
Upon receipt of said application and police report, the
Clerk shall place the matter on the agenda of the first available meeting
of the governing body. At such meeting, the Mayor and Council shall either
approve or disapprove the issuance of a permit to the applicants.
D.
No permit shall be approved by the Mayor and Council
or issued by the Borough Clerk if it appears that:
(1)
An applicant has not satisfactorily complied with the requirements of § 143-3A(5) of this chapter.
(2)
The premises in or on which the event is to be located
will constitute a hazard or nuisance to the safety of the public.
(3)
The applicant is not qualified to conduct or operate a circus, carnival or open-air show or entertainment by virtue of a failure to have applicable state licenses or failure to comply with § 143-3 of this chapter.
(4)
There is failure to provide an adequate certificate of
insurance.
A.
Upon approval of the application as set forth in § 143-4 above, the Borough Clerk shall issue the permit under the Seal of the Borough and sign the same.
B.
The permit shall state:
(1)
The name and post office address of the sponsoring organization
and the person or entity actually conducting the event.
(2)
The number of the permit.
(3)
The purpose for which the permit is issued.
(4)
The dates and times of day for which the permit is issued,
together with a statement that such times and dates shall be strictly enforced.
(5)
Conditions imposed by the Mayor and Council as to crowd
and traffic controls.
The failure of a permittee to produce his permit and exhibit the same
to any police officer or authorized borough official, upon request, shall
constitute a violation of this chapter. The public posting of the permit on
the premises of the event shall constitute compliance with this section.
A.
Any permit issued under this chapter may be revoked by
the Mayor and Council, after due notice and hearing, for any of the following
grounds:
(1)
False statement in the application for the permit.
(2)
Disorderly or immoral conduct in or on the place or premises
covered by the permit, which is not immediately ceased or corrected after
request by any law enforcement or health authority.
(3)
The premises covered by the permit constitutes a hazard
to the health or safety of the public.
(4)
Violation of the provisions of any applicable state law
or ordinance of the borough.
(5)
Any cause that would be grounds for a denial of the permit
in the first instance.
B.
In case of emergency and pending the aforesaid hearing,
the Chief of Police or the Health Officer shall have the power and authority
to suspend the permit and close the operation of the event covered by the
permit.
A.
The conduct of the event shall comply with all state
laws and local ordinances, including but not limited to those regarding traffic
and parking, noise, noxious fumes and health.
B.
No such event shall include any obscene or lewd live
shows, displays, photographs, audio or visual media.
C.
No such event shall include either the live or graphic
display of human or animal deformity, mutilation or genetic disorder.
D.
No such event shall be conducted prior to 8:00 a.m. or
later than 10:00 p.m., prevailing time, including set up and take down periods;
however, on the final day of the event, take down shall be permitted to proceed
until 11:00 p.m., provided that all activities during such take down period
comply with municipal ordinances and state laws respecting noise levels and
nuisances.
E.
The event shall be conducted in compliance with all conditions
imposed by the Mayor and Council in the issuance of the permit for the event.
Any person or business entity who violates any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding $500 or
by imprisonment for a term not exceeding 90 days, or both. Each day of a continuing
violation shall constitute a separate and distinct offense.
