Village of Warsaw, NY
Wyoming County
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[HISTORY: Adopted by the Board of Trustees of the Village of Warsaw 8-30-1993 by L.L. No. 5-1993. Amendments noted where applicable.]
Games of chance — See Ch. 86.
Noise — See Ch. 102.
The purpose of this chapter is to preserve the public peace and good order, to prevent tumultuous assemblages and to assure the health and safety of the residents of the Village of Warsaw in regard to the conduct of all amusement events.
As used in this chapter, the following terms shall have the meanings indicated:
Any form of entertainment open to the public, conforming in a large degree to the definitions of carnival, circus or traveling show as indicated in this section, including but not limited to forms of entertainment commonly known as "fairs," "bazaars" and "outdoor shows."
A transient outdoor show or exhibition conducted in a temporary structure, composed wholly or partly of canvas or similar material, as a place of amusement or recreation or for any other similar public assemblage in which are conducted, operated or permitted games of chance, skill or partly chance or skill; or wherein goods are given or awarded to persons paying a consideration for a chance or opportunity to win or secure the same as a prize or award; or where concession stands or amusement stands are operated, conducted or maintained.
A transient outdoor show or exhibition conducted in a temporary structure, composed wholly or partly of canvas or similar material, in which are displayed or exhibited for the amusement or recreation of the general public feats of horsemanship, tumbling, acrobatics and feats of human skill and daring, together with feats of highly trained or unusually skilled animals, either alone or in concert with their tamers, trainers or keepers, and the performance of those persons garbed or dressed and made up in costumes and makeup commonly or generally associated with circus clowns.
All amusement events are prohibited in the Village of Warsaw unless a permit has been obtained in advance and remains in effect throughout the duration of the event.
It shall be unlawful to erect, operate or maintain any amusement event without having secured a permit from the Village Board, or to continue to erect, operate or maintain such event after the expiration or revocation of such permit.
The Village Board will issue a permit authorizing the operation of an amusement event, provided that the following conditions are met:
An application is filed with the Village Clerk containing the following information:
The date(s), time(s) and location(s) of the amusement event.
The name, address and telephone number of an authorized officer or director who will be responsible for and can be contacted during the operation of the amusement event and who shall sign the application.
A general description of all activities, games of skill, rides and special events.
A notarized letter signed by the property owner stating the nature, extent and duration of the amusement event and granting permission for the amusement event to use the property.
The name(s) and address(es) of the amusement event's insurance carrier(s).
The signature of the Village Zoning Officer stating that the proposed amusement event is in compliance with Chapter 163, Zoning.
A certificate of insurance is filed with the Village Clerk indicating that the amusement event is covered by public liability insurance of not less than $1,000,000 for bodily injury and $200,000 for damage to property.
A certificate naming the Village of Warsaw as "also insured" and indicating that the insurance is noncancelable without 10 days' prior notice to the Village Clerk.
The payment of an application fee of $10.
No permit for an amusement event shall be issued, and any outstanding permit shall be revoked, if the Village Board determines that such amusement event includes any activity which, in the judgment of the Village Board, will disturb the order and peace of the village or will jeopardize the health, safety or welfare of the residents of the Village of Warsaw.
Prior to opening an amusement event to the public, the permit holder shall file proof with the Village Clerk that his mechanical rides have been inspected and found satisfactory by the appropriate agencies of New York State in compliance with provisions of New York State law.
The term of any permit will not exceed a total of seven consecutive calendar days of operation, which shall include the days necessary to erect or construct, dismantle or remove the structures or machinery used in the amusement event.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.