[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.]
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.
A.
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.
B.
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:
A.
An application is filed with the Village Clerk containing the following
information:
(1)
The date(s), time(s) and location(s) of the amusement event.
(2)
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.
(3)
A general description of all activities, games of skill, rides and
special events.
(4)
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.
(5)
The name(s) and address(es) of the amusement event's insurance
carrier(s).
B.
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.
C.
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.
D.
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.
