As used in this chapter, the following terms shall have the
meanings indicated:
CARNIVAL
Includes a traveling amusement show which typically includes
mechanical rides, inflatable rides, games of chance and where concession
stands or amusement stands are operated, conducted or maintained.
CIRCUS
Includes a transient show or exhibition typically conducted
in a temporary structure, composed wholly or partly of canvas, vinyl
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 performances
of those persons garbed or dressed and made up in the costumes and
makeup commonly or generally associated with circus clowns. In addition,
concession stands and/or amusements stands may be operated, conducted
or maintained in conjunction with the circus.
EXHIBITION or TRAVELING SHOW
Includes a transient outdoor show or exhibition conducted
in a temporary structure, composed wholly or partly of canvas, vinyl
or similar material, as a place of amusement or recreation or for
any other similar public assemblage in which is 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.
Carnivals, circuses and traveling shows shall be prohibited
within the Township of Harrison in the County of Gloucester, except
as otherwise provided for in this chapter.
A carnival, circus or traveling show shall be permitted in the
discretion of the Township Committee, if the supporting or sponsoring
organization is a local government, religious, charitable, educational
or fraternal organization located in Harrison Township.
Before any license may be issued for a carnival, circus or traveling show, as authorized and permitted under §
90-3 hereof, the vendor and sponsor organization shall complete an application and file the same with the Township Clerk, together with the fee as hereinafter set forth, and contemporaneously therewith provide copies of said application form for transmittal to the Police Department, the Fire Department, and Construction Code Office, which said last three named departments/offices shall submit their comments and recommendations in connection with said application to the Township Committee.
Such application shall be filed at least 14 days prior to the
opening date of said carnival, circus or traveling show. The application
shall be on such form as may be provided by the Township Clerk.
The fee for a carnival, circus or traveling show authorized
by this chapter, which said fee shall accompany the application, shall
be the sum of $25.
No person, firm or corporation granted a license in accordance
with this chapter shall permit, suffer, allow or condone any of the
following on the premises on which the event is being conducted:
A. Gambling, betting or wagering, unless the sponsoring organization
obtains the proper license from the State of New Jersey Legalized
Games of Chance Control Commission.
B. Loud noise or music to the annoyance of adjoining neighbors or property
owners after the hours of operation specified in an approved application.
C. Profane or indecent language.
D. A violation of any local, state or federal statutes, laws, ordinances,
rules or regulations.
E. Operation beyond the hours specified in an approved application.
Each person, firm or corporation obtaining a license under the
provisions of this chapter and/or each person, firm or corporation
who is taking part in the sponsored event who either performs a service
for the sponsoring agent or has contracted to do business with the
sponsoring agent shall be responsible for any and all actions of its
agents, employees and servants on the licensed premises.
The application to be filed shall include and/or set forth the
following:
A. The name of the applicant.
B. The sponsoring organization, if different than the applicant.
C. The names and addresses of all officers and directors of the applicant
and sponsoring organization.
D. The name, home address, date of birth and social security number
of each person working at the event.
E. The street address or other sufficient description of area upon which
the event is to be conducted.
F. The dates upon which the event is to be conducted and the hours of
operation.
G. The name of the insurance company and amount of liability insurance,
which must be in an amount of not less than $1,000,000 per occurrence
and $100,000 property damage, and name of the insurance company carrying
workers' compensation insurance. A certificate of insurance must
be provided with the application. Harrison Township shall be named
as "additional insured" on the certificate of insurance.
H. A hold harmless and indemnification agreement.
Any violation of any of the items set forth in this chapter
or of any other law, statute, ordinance, rule or regulation shall
be sufficient grounds for the revocation of the license herein authorized,
which revocation may be based upon reasonable grounds of a probable
violation.
No license shall authorize any such carnival, circus or traveling
show to be conducted for a period in excess of seven consecutive days.
Any person violating any of provisions of this chapter shall,
upon conviction thereof, be subject to one or more of the following:
a fine not exceeding $1,250 and/or by a period of community service
not exceeding 30 days.