[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. 
As used in this chapter the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
AMUSEMENT RIDE
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.
CARNIVAL or CIRCUS
An itinerant enterprise consisting principally of temporary amusement structures and/or mechanical rides.
PERSON
Any natural person, partnership, firm or corporation.
B. 
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. 
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. 
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. 
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. 
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.