[Adopted 4-13-1946 by Ord. No. 515 (Ch. 13, Part 2, of the
1986 Code of Ordinances)]
It shall be unlawful for any person, firm or corporation to
parade, exhibit or operate a circus or carnival within the limits
of the City of Washington until a license has been obtained therefor,
as hereinafter set forth.
A license fee for exhibiting a circus within the City of Washington
be and is hereby fixed in the sum of $100 per day.
A license fee for exhibiting a carnival within the limits of
the City of Washington shall be $25 for each and every day thereof
or a sum of $150 for one week.
A license fee for parading within the limits of the City by
a circus or carnival be and is hereby fixed in the sum of $50.
The City Clerk shall issue said license upon forms to be prepared
and upon the payment of the license fee or fees hereinabove set forth.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A. Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B. Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C. Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
[Adopted 12-28-1981 by Ord. No. 1285 (Ch. 13, Part 3, of the
1986 Code of Ordinances)]
As used in this article, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
JUKEBOX
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated, for the emission of songs, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE or ELECTRONIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, pinball machines,
skill ball, electronic skill games, and all games, operations or transactions
similar thereto under whatever name they may be indicated.
PERSON, FIRM, CORPORATION or ASSOCIATION
Shall include the following: Any person, firm, corporation
or association which owns, leases or rents any such machine; the person,
firm, corporation or association in whose place of business any such
machine is placed for use by the public; and the person, firm, corporation
or association having control over such machine; provided, however,
that the payment of such fee by any person, firm, corporation or association
enumerated herein shall be deemed compliance with this section of
this article. This definition shall include private clubs or organizations.
Nothing in this article shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law, or that may be contrary to any future laws
of the State of Pennsylvania.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any jukebox or mechanical or electronic amusement device as herein defined by §
107-7 shall be required to obtain a license from the City of Washington upon payment of a license fee. Application for such license shall be made to the City Clerk upon a form to be supplied by the City Clerk for that purpose.
Application for license shall be made out in quintuplicate,
one copy being referred to each of the following: the Chief of Police,
the Chief of the Fire Department, the City Zoning Officer and the
City Health Officer, and one copy to be retained by the City Clerk.
A. The Chief of Police shall investigate the location where the applicant
proposes to operate such machines and ascertain if the applicant has
a criminal record, and either approve or disapprove the application.
B. The Fire Chief shall inspect the premises where the machines are
to be operated to determine if the building and/or buildings comply
with all applicable fire codes or ordinances.
C. The Zoning Officer shall determine if the machines are being operated
under the proper zoning regulations.
D. The Health Officer shall inspect the building and/or buildings in
order to determine if the building and/or buildings comply with all
applicable health laws.
E. No license shall be issued to any applicant unless approved by the
Chief of Police, Fire Chief, Zoning Officer and Health Officer.
[Amended 5-13-1982 by Ord. No. 1292; 1-23-1992 by Ord. No. 1440; 12-16-1999 by Ord. No. 1637]
A. Annual license fee.
(1) Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating and maintaining for operation each jukebox or mechanical or electronic amusement device as defined in §
107-7:
(b)
Mechanical or electronic amusement devices: $300.
(2) However, should any jukebox or mechanical or electronic amusement
device be installed and licensed after July 31 of any year, then,
in such event, the license shall be $50 for each jukebox and $150
for each mechanical or electronic amusement device.
B. Each license shall expire on the 31st of January of each year and
must be renewed within 30 days after expiration.
Every license issued under this article is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any jukebox
or mechanical or electronic amusement device contrary to the provisions
of this article, the ordinances of the City of Washington, or the
laws of the State of Pennsylvania. Said license may be revoked by
the City Council after written notice to the licensee, which notice
shall specify the ordinance or law violations with which the licensee
is charged, if after a hearing the licensee is found to be guilty
of such violations. Ten days' notice of the hearing shall be
given the licensee. At the hearing, the licensee and his attorney
may present and submit evidence of witnesses in his defense.
If the Chief of Police shall have reason to believe any mechanical
amusement or electronic amusement device is used as a gambling device,
such machine may be seized by the police and impounded and, if upon
trial of the exhibitor for allowing it to be used as a gambling device
such exhibitor be found guilty, such machine shall be destroyed by
the police.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A. Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B. Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C. Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.