[HISTORY: Adopted by the Township Committee of the Township
of Morris as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-4-1929 by Ord. No. 8-29 (Ch. 44, Art. I, of the
1969 Code)]
No person or corporation shall, for any price, gain or reward,
exhibit or cause to be exhibited in the Township of Morris any traveling
or other show, circus or menagerie, or give or have, or cause to be
given or had, any theatrical or variety performance or play, concert
or other entertainment, or have or make, or cause to be had or made,
any exhibition of whatsoever nature, or maintain or conduct, or cause
to be maintained or conducted, any theater, opera house, music hall
or other place of public entertainment, without first obtaining a
license therefor, to be granted by the Township Committee as herein
prescribed; provided, however, that the provisions of this article
shall not apply to a concert or entertainment given for charitable
or benevolent purposes.
No owner, occupant or other person or persons having the possession or care of any house, building or room or any lot of land within the Township of Morris shall suffer or permit any such traveling or other show, circus or menagerie, theatrical or variety performance or play, concert or other entertainment, or any exhibition of whatsoever nature such as mentioned in § 252-1 of this article, to be exhibited, acted, shown forth or performed for any price, gain or reward in or upon his, her or their said house, building or room or lot of lands, unless the party or parties so causing such traveling or other show, circus or menagerie, theatrical or variety performance or play, concert or other entertainment, or any exhibition of whatsoever nature, as aforesaid, shall first obtain such license in the manner herein prescribed.
[Amended 4-22-1981 by Ord. No. 17-81]
The license fees to be charged for such licenses respectively
shall be as follows:
A.
For a license for a circus with or without a menagerie: the sum of
not exceeding $250 for each day.
B.
For a license for a concert: the sum of not exceeding $50 for each
concert.
C.
For a license for a theater, opera house or music hall: the sum of
$100 per year; and for a license for any other place of public entertainment:
the sum of not exceeding $100 per year; and each such license for
a theater, opera house, music hall or other place of public entertainment
shall expire on the 31st day of December following the date of the
granting of such license.
D.
For any moving picture show or entertainment: the sum of not exceeding
$25 for each day.
E.
For any exhibition or entertainment for which the amount of the license
fee is not herein specifically fixed: The fee to be charged for such
license shall not exceed the sum of $25 for each such exhibition or
entertainment.
[Amended 3-10-1971 by Ord. No. 7-71]
The Township Committee shall have the authority to determine
the amount of any license fee within the limits aforesaid and to decide
whether a license is required under the terms of the preceding section
when there is doubt on the application, and also authority to grant
or withhold such license. Upon the Township Committee's deciding
to grant any license and upon the payment of the license fee to the
Treasurer of the Township of Morris and the production of his receipt
therefor to the Township Committee, there shall be given to the applicant
a license, which shall state the name of the person licensed and the
purpose and length of the time or number of exhibitions or entertainments
for which the license is granted. The Township Committee shall also
have authority to revoke any such license upon proof to its satisfaction,
after reasonable notice to the person or corporation holding such
license and reasonable opportunity for him or it to be heard, that
such licensed person or corporation, or any person acting on his or
its behalf, has given or caused to be given any exhibition of any
nature whatever of an immoral nature or tendency or in violation of
any law of the state or any ordinance of the Township of Morris, and
after such revocation, such person or corporation shall be deemed
to be not licensed and be and remain liable under this article in
the same manner as if such license has never been granted.
No moving picture show shall be given at any time or any place
within the said Township of Morris without the written permission
first obtained from the Township Committee, in which shall be set
forth the time and place at which such moving picture show may be
given.
Any person or persons who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in § 1-3, General penalty, of this Code.
[Adopted 3-11-1992 by Ord. No. 7-92 (Ch. 44, Art. II, of
the 1969 Code)]
A.
No aggregation or combination of shows or exhibits traveling together
from place to place commonly known as a "carnival" shall be allowed,
held, produced or exhibited in whole or in part in the Township of
Morris, except as hereinafter set forth. As used herein, the term
"carnival" shall also include any show, exhibit or event utilizing
or having amusement-type activities such as rides, games, games of
chance, displays, exhibits and concessions.
B.
Charitable and religious organizations may be given special permission
by the Township Committee of the Township of Morris to hold, produce
or exhibit such shows, carnivals or exhibitions, pursuant to the terms
and conditions hereinafter set forth, and under such additional rules
and regulations as the Township Committee may then prescribe.
A.
Permit required. Any carnival or similar event shall not be held,
conducted or advertised unless and until an application shall have
been made to the governing body of the Township of Morris and a permit
shall have been issued. Simultaneously with such application to the
governing body of the Township of Morris, the applicant shall also
provide the information hereinafter required to the Police Department
of the Township of Morris.
B.
Any charitable or religious organization wishing to hold a carnival
or similar event shall submit to the governing body of the Township
of Morris and the Police Department of the Township of Morris, to
the attention of the Chief of Police, a fully detailed statement of
the proposed event, which will include the following:
(1)
Type and number of rides.
(2)
Type and number of games.
(3)
Proposed lighting and telephone services.
(4)
Dates and times of events.
(5)
Gate entrances, location of gate entrances and exits.
(6)
Perimeter fencing.
(7)
Any other relevant information which will be beneficial to the Township
Committee and the Police Department in assisting and assuring the
safety of all residents, participants and patrons of the proposed
event.
C.
Hours of operation.
(1)
If permitted by the Township Committee of the Township of Morris,
the hours of operation for any such carnival or event shall be any
reasonable hour, not otherwise in conflict with any other ordinances
of the Township of Morris, but in no event sooner than 10:00 a.m.
(2)
Closing time.
(a)
The normal hour of closing shall be 10:00 p.m. It is understood
and agreed that to ensure compliance with 10:00 p.m. closing, those
responsible for administering and operating the carnival shall cease
the sale of tickets at 9:00 p.m., and any lines of attendance for
rides or games shall be similarly closed at 9:30 p.m.
(b)
The responsible parties operating or otherwise administering
the carnival or other event shall prominently post information with
respect to time of closing and the related rules on the sale of tickets
and closure of lines so that the same are visible to all those attending
the carnival or event.
(3)
Where appropriate, application may be made to the governing body
of the Township of Morris for a modification of the hours of operation.
The governing body may, in its sole discretion, approve or deny any
such change after consultation with the Chief of Police of the Township
or his designee.
D.
Limited access to the carnival or event. Entrances and exits must
be limited in number and should be properly and adequately identified.
Further, in order to provide a safe and secure area and prevent accident
or injury to those in attendance, the area of the carnival or event
must have its entire perimeter fenced. Such fencing may be of any
type that will prevent unlawful entry. However, no fencing shall be
allowed that would cause injury or harm to those persons present at
the event. The entrances and exits shall be clearly marked as to their
location at or about the perimeter of the event, and, in addition,
there shall be suitable signs directing those in attendance to the
location of the entrances and exits.
E.
Security. The Chief of Police of the Township of Morris, or his designee,
shall have the authority to determine the number of police officers
to be assigned to any carnival or event. This decision shall be based
upon, but not necessarily limited to, past experience with events
of like nature, anticipated attendance, time of year or other seasonal
factors, traffic-related considerations and the like. The cost associated
with such security shall be the responsibility of and paid by the
person or entity administering the carnival or other event.
F.
Continued authority of the Chief of Police. Once the carnival or
event begins operation, the Chief of Police, or his designee, shall
have the continuing authority to close the event, modify the hours
of operation or impose other additional restrictions as a result of
problems which may arise, such as disorderly groups of persons, disasters,
noncompliance with the rules and regulations set forth herein or such
other situation wherein the best interests of the public require any
such action. In addition to the powers set forth herein, the Chief
of Police, or his designee, shall have the additional authority to
regulate the number of persons in attendance. The Chief of Police
shall have the further authority to require the use of other equipment
or aids necessary to ensure the safety and protection of all persons.
Such equipment or other aids may include the use of flares, temporary
no-parking signs and any other equipment of like or similar nature.
In the event that such equipment, supplies, signs or the like shall
be required, the cost of the same shall be passed on and become the
responsibility of those administering the carnival or event.
G.
Additional information to be provided. The Township Committee of
the Township of Morris shall be provided proof of all necessary state
approvals and other authority to operate the carnival or event. All
mechanized rides, or the like, shall be properly certified by the
State of New Jersey, or other licensing agency, as to their safety.
The entity or other body proposing the carnival shall also make provision
for adequate first aid and/or medical facilities in the event of accident
or injury occurring on the premises.
H.
Signs. Sufficient signs shall be erected in strategic locations so
as to direct motorists and pedestrians to the locations of entrances
and exits for the carnival or event. Such signs shall be posted in
consultation with the Police Department of the Township of Morris.
I.
Parking. Every effort shall be made by that entity or organization
administering the event to provide ample parking for workers, volunteers
and the general public. A proposed plan for parking shall accompany
the application for the permit. The proposed plan of parking shall
be subject to the review and approval of the Chief of Police of the
Township of Morris and shall include provision for a reasonable number
of handicapped parking spaces.
J.
Upon conclusion of the carnival or event, the equipment, rides, games,
displays and facilities shall be promptly dismantled and removed.
No dismantling or removal of equipment will be allowed after 10:00
p.m. Any such dismantling shall be done in a manner so as to minimize
noise and disruption to nearby property owners.
K.
Responsible parties. The application submitted to the governing body
of the Township of Morris shall be signed by the organization, group
or entity hosting the carnival and shall also be signed by the carnival
owners or operators. If the carnival or event is to be held on lands
or premises not owned by the entity or group sponsoring the event,
then the signature of the owner of the property shall also be affixed
to the application, stating consent thereto.
Any person, firm, association or corporation found guilty of violating the terms and provisions of this article, including the terms and conditions of any permit issued pursuant hereto, shall be punishable as provided in § 1-3, General penalty, of this Code, in the discretion of the Judge imposing the same. Each such day for which a violation continues unabated shall be deemed a separate and continuing violation.
