[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.]
Parades — See Ch. 178.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any natural person, partnership, association, firm or corporation.
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:
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.
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.