[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 3-25-1970
by Ord. No. 686 (Ch. XIV, Part 2 of the 1970 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Parades — See Ch. 178.
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 in the Borough of Waynesboro except in strict conformity
with all the provisions of this chapter.
It shall be unlawful for any person to hold or conduct any carnival
or circus at any place in the Borough of Waynesboro unless he shall first
have obtained from the Borough Manager a permit therefor, and shall have paid
the permit fee of $5, which shall be for the use of the Borough. It shall
be unlawful to continue to hold or conduct any circus or carnival 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 of $5.
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 investigation that he shall deem necessary in order to determine
whether or not a permit shall be granted. The Mayor may recommend to the Manager
that a permit be refused on account of the existence 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 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 the amount
of not less than $1,000,000 combined single limit 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.
[Amended 6-21-1989 by Ord. No. 921]
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, and in case
of the permit holder's permitting any gambling, sale of obscene literature
or picture, or immoral or lewd act or performance. In case of revocation of
any permit, as herein provided, no portion 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, appeal
therefrom to the Borough Council, the decision of which shall be final.
Any person who shall violate any provision of this chapter shall, for
each and every such violation, be sentenced to pay a fine of not less than
$50 nor more than $300 and costs of prosecution, and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days. Provided,
each day on which any such violation shall take place shall constitute a separate
violation.
