[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 162.
Temporary buildings or structures for public assemblages — See Ch. 217.
Fire prevention and protection — See Ch. 308.
Games of chance — See Ch. 321.
Land use — See Ch. 348.
Noise — See Ch. 368.
Peace and good order — See Ch. 388.
Peddling and soliciting — See Ch. 391.
Signs — See Ch. 427.
Solid waste — See Ch. 442.
The following regulations shall apply to each and every carnival,
circus and traveling show to be hereafter conducted in this municipality;
A.
No carnival, circus or traveling show shall be opened or operated
in Toms River Township unless and until a license has been issued
for same by the municipality, in accordance with this chapter.
B.
No license for a carnival, circus or traveling show shall be considered
or issued until the person or firm desiring to operate same shall
have made out and signed a written application for license and filed
same with the Township Clerk and paid the proper fee for same to the
Township Clerk.
C.
The application for license and proper fee must be delivered to the
Township Clerk at least 10 days before the Township Council meeting
at which the application is to be considered.
D.
All such applications shall be made on forms to be provided by the
Township of Toms River.
E.
The proper fee shall be $50 per day each carnival, circus or traveling
show is licensed to operate, and the total amount of said fee must
accompany the application. If the application is denied, $10 of the
tendered fee shall be retained by the Township as a processing fee
for checking application, applicant and incidental clerical work.
F.
No licensee shall permit any gambling, betting, wagering or other
violation of law on any licensed premises. The duty to keep the licensed
premises free from such illegal activities is hereby imposed upon
the licensee as a condition of any license to be issued.
G.
No alcoholic beverages shall be served, sold or consumed on any licensed
premises unless and until a proper and legal license therefor is acquired
from the State of New Jersey or its proper agency.
H.
No loud noise, talk or music shall be permitted on any licensed premises
to the annoyance of any person.
I.
No profane or indecent talk shall be permitted on any licensed premises.
J.
No business or practice which is in violation of any law of the State
of New Jersey or any ordinance of this Township shall be permitted
on any licensed premises.
K.
Each licensee shall be responsible for any and all acts of his agents,
employees and servants on the licensed premises.
L.
Each applicant shall set forth in its application the name and addresses
of all parties interested in and intended to benefit from the contemplated
profits of the venture and the amount or percentage thereof. If the
stated beneficiary of any part of the profits is a charitable, patriotic
or religious group, body or corporation of Toms River Township, its
proper officers shall approve said application and verify the statements
made in the application as to it, in writing.
Any violation of any one or more of said rules shall be sufficient
grounds for suspension of any license. The municipality reserves the
right to suspend a license upon reasonable grounds of a probable violation
of one or more of said rules by the licensee or his agent, employee
or servant.
The Township Council shall have the right to revoke any license
for a violation of any of said rules, after public hearing upon at
least two days' written notice of said hearing to the licensee.
Any notice to the licensee shall be considered sufficiently given
if left with the licensee or person in charge of the licensed premises
or mailed to the licensee at the address given by him in his application
for said license.
Each application for license shall contain the written consent
of the owner of the site where the carnival, circus or traveling show
is proposed to be conducted, for same to be so conducted on his property,
in accordance with the application.
Each applicant for license shall deposit with Township Clerk,
at time of filing application, a cash bond in the amount of $100 to
guarantee that, upon the expiration of the license, the licensed premises
and the adjacent public roads and immediate vicinity of the licensed
premises will be left in good condition, cleaned up and cleared of
all paper, waste material and debris then at the licensed premises,
adjacent public roads and in immediate vicinity to licensed premises.
The Township Clerk shall notify in writing the Township Police
Department immediately upon the issuance of each license, setting
forth in each notice the licensed premises, licensee, type of license
and the licensed period. Upon the receipt of such notice, it shall
be the duty and responsibility of the said Police Department to see
that no provision of the laws of the State of New Jersey or of this
chapter are violated at said licensed premises.
Any person who shall conduct or attempt to conduct a carnival,
circus or traveling show in this Township without having a license
so to do shall, upon conviction, be subjected to a fine of not more
than $400 or to imprisonment in the common jail of the County of Ocean
for a term of not exceeding 30 days, or both, at the discretion of
the Municipal Judge before whom said conviction is had.
