[HISTORY: Adopted by the Borough Council of the Borough of
North East 2-1-1926 by Ord. No. 201; amended in its entirety at time of
adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent
amendments noted where applicable.]
A.Â
AMUSEMENT RIDE
CARNIVAL or CIRCUS
PERSON
As used in this chapter the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any device that carries or conveys passengers along, around
or over a fixed or restricted route or course or within a defined
area for the purpose of giving its passengers amusement, pleasure,
thrills or excitement, including, but not limited to, merry-go-rounds,
Ferris wheels, roller coasters, which may be permanently or temporarily
installed or used in the Borough.
An itinerant enterprise consisting principally of temporary
amusement structures and/or mechanical rides.
Any natural person, partnership, firm or corporation.
B.Â
In this chapter the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
A.Â
It shall be unlawful for any person to hold or conduct any circus
or carnival, at any location within the Borough, or to operate any
amusement ride therein, without first having obtained a permit therefor
from the Borough of North East, for which a fee for the use of the
Borough shall be paid as established pursuant to a resolution of the
Borough, provided that no separate permit shall be required for any
amusement ride that shall be a part of any carnival that shall be
authorized under this chapter.
B.Â
At the discretion of the Borough Council, the permit fee may be remitted
in the case of a circus or carnival the proceeds of which are applied
to purely charitable uses or in the case the application for such
permit shall have been made by and on behalf of any organization connected
with the municipal government or with any public school district.
A.Â
The Borough of North East shall refuse to grant a permit in any case
where the owner of such circus or carnival, or the operator of any
amusement ride, as the case may be, fails or refuses to present an
official inspection affidavit prepared by a qualified inspector in
accordance with the Amusement Ride Inspection Act (4 P.S. § 407)
and the regulations of the Amusement Ride Safety Board (7 Pa. Code
§ 139.1 et seq.), along with a certificate of insurance
as required by 4 P.S. § 414 of that same Act.
B.Â
If any permit shall be denied, an appeal from such denial may be
made by the applicant or by the person to whom such permit had been
issued, as the case may be, to the Borough Council, within 10 days
of rejection, but no portion of a permit fee shall be refunded in
case of suspension or revocation. Such hearing shall be conducted
within 30 days of the appeal and a decision rendered by the Borough
Council.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Borough correctional facility for a
period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Erie County.
