[HISTORY: Adopted by the Borough Council of the Borough of Lehighton 9-24-2018 by Ord. No. 648-2018. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- AMUSEMENT RIDE
- Any device that carries or conveys passengers along, around or over a fixed restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills or excitement, including, but not limited to, merry-go-rounds, ferris wheels, and roller coasters which may be permanently or temporarily installed or used in the Borough of Lehighton.
- CARNIVAL or CIRCUS
- An itinerant enterprise consisting principally of temporary amusement structures and/or mechanical rides.
- Any natural person, partnership, 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 circus or carnival at any location within the Borough of Lehighton, or to operate any amusement ride therein, without first having obtained a permit therefor from the Borough Manager, for which a fee for the use of the Borough of Lehighton shall be paid as established pursuant to a resolution of the Borough Council, provided that no separate permit shall be required for any amusement ride that shall be a part of any carnival that shall be authorized under this chapter.
At the discretion of the Borough Council the permit fee may be remitted in the case of a circus or carnival the proceeds of which are applied to purely charitable uses or in the case the application for such permit shall have been made by and on behalf of any organization connected with the municipal government or with any public school district.
The Borough Manager shall refuse to grant a permit in any case where the owner of such circus or carnival, or the operator of any amusement ride, as the case may be, fails or refuses to present an official inspection affidavit prepared by a qualified inspector in accordance with the Amusement Ride Inspection Act (4 P.S. § 407) and the regulations of the Amusement Ride Safety Board (7 Pa. Code § 139.1 et seq.) along with a certificate of insurance as required by Section 414 of the same Act.
If any permit shall be denied, an appeal from such denial may be made by the applicant or by the person to whom such permit had been issued, as the case may be, to the Borough Council within 10 days of rejection, but no portion of a permit fee shall be refunded in case of suspension or revocation. Such hearing shall be conducted within 30 days of the appeal and a decision rendered by the Borough Council.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and, in default of payment, to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.