[HISTORY: Adopted by the Borough Council of the Borough of Perkasie
12-16-1985 as Ch. 75 of the 1985 Code. Amendments noted where applicable.]
A.
PERSON
As used in this chapter, the following terms shall have
the meanings indicated:
Includes any natural person, partnership, association, firm or corporation.
B.
In this chapter, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include the
feminine and the neuter.
It shall be unlawful for any person to hold or conduct any carnival
or circus at any place within the Borough of Perkasie except in strict conformity
with all the provisions of this chapter.
A.
It shall be unlawful for any person to hold or conduct
any carnival or circus at any place in the Borough of Perkasie unless he shall
first have obtained from the Borough Manager a permit therefor and shall have
paid the permit fee as set forth from time to time by resolution of the Borough
Council, which shall be for the use of the Borough.
B.
It shall be unlawful for any person to continue to hold
or conduct any carnival or circus after the expiration of any such permit,
unless such permit holder shall first have applied to the Borough Manager
for an extension of such permit and shall have paid such fee as set forth
from time to time by resolution of the Borough Council.
The Borough Manager shall not issue any permit under this chapter unless
and until:
A.
The Mayor shall have caused an inspection to be made
of the premises where such carnival or circus is proposed to be held in order
to determine whether such premises are suitable for the purpose and free from
dangerous or hazardous features, and the Mayor shall have made any additional
inspection and/or inspections that he shall deem necessary in order to determine
whether or not a permit shall be issued. The Mayor may recommend to the Manager
that a permit be refused on account of any unsanitary, hazardous or dangerous
condition or because he shall have determined that the proposed location is
unsuitable on account of the creation of a traffic hazard, the lack of accommodations
for the number of persons and/or vehicles likely to be attracted thereto or
the creation of an unnecessary annoyance to the residents or inhabitants of
the locality. Such permit may be granted conditionally, dependent upon the
taking of stipulated action by the holder thereof in order to meet standards
of sanitation and safety.
B.
The applicant for such permit shall have furnished evidence
to the Borough Manager that a public liability insurance policy in amounts
of not less than $1,000,000 for one person and $2,000,000 for any one accident
shall be in force and effect at the time such carnival or circus is to be
conducted in the Borough. Such policy shall be subject to the approval of
the Borough Solicitor.
A.
The Mayor shall have authority to revoke any permit granted
under this chapter or to refuse a requested extension of any such permit in
case of failure to maintain proper standards of safety or sanitation or in
case of the permit holder's permitting any gambling, sale of any obscene literature
or pictures or immoral or lewd act or performance.
B.
In case of revocation of any permit as herein provided,
no part of the permit fee shall be refunded to the holder of such permit.
Any person who shall be refused a permit under this chapter, or shall
be refused an extension of any such permit or whose permit shall be revoked
by the Mayor may, within five days after such refusal or revocation, as the
case may be, appeal therefrom to the Borough Council, the decision of which
shall be final.
