[Adopted 2-26-1973 by Ord. No. 73-4; amended in its entirety 12-17-2012 by Ord. No. 12-19 (Ch. 70, Art. I, of the 1985 Code)]
[1]
Editor's Note: See also §§ 133-19 and 133-20, regarding penalties and enforcement.
As used in this article, the following terms shall have the meanings indicated:
CARNIVAL
A public event staged for commercial purposes on private or public property wherein the public is invited or may enter which involves one or more of the following elements: rides, games, sideshows and other entertainment, but not including circuses.
CIRCUS
A carnival which includes any of the following additional elements: trained or untrained animals, acrobats or other performers.
A. 
Without first having obtained a license, no person shall promote, establish, conduct or maintain shows, entertainment, exhibitions, amusement rides, carnivals, circuses and other traveling shows or exhibitions, whether or not admission is charged.
B. 
All applications shall be submitted to the Municipal Clerk and shall contain the following information:
(1) 
Name and address of the applicant.
(2) 
The type of activity.
(3) 
Proposed location.
(4) 
Proposed dates of activity and hours of operation.
(5) 
Proof of insurance protecting the general public from all damage or injuries as a result of all activities hereunder in an amount not less than $5,000,000 per occurrence and $1,000,000 property damage, within which coverages there shall be the following coverage for each amusement ride: a policy of insurance written on a per occurrence basis in an amount of not less than $5,000,000 per occurrence insuring the owner or operator against liability for injury suffered by any person riding the amusement ride, or a bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof. The policy shall be procured from one or more insurers acceptable to the State Commissioner of Banking and Insurance and either licensed to transact insurance in the State of New Jersey; or approved as surplus line insurers pursuant to section 11 of P.L. 1960, c. 32 (N.J.S.A. 17:22-6.45).
(6) 
Nature and type of amusements and rides to which the public will have access.
(7) 
Consent of the owner or party lawfully in possession of the property or activity.
(8) 
A list of animals that will be kept on the premises and provisions for the keeping or caging of the same.
(9) 
A schematic reflecting the location of the activity, including all streets involved with the activity or providing direct ingress and egress; the proposed location of all rides, tents, exhibitions and other equipment, including vehicles; the seating capacity of all tents and exhibitions; parking; requirements for traffic control being requested from the Township; and an estimate of the number of anticipated attendees per day.
A. 
Fees. No application fee shall be required except for carnivals and circuses as to which the following fee schedule shall apply, with payment thereof to be made to the Municipal Clerk:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
For anticipated attendees of 150 or less, a fee as set forth in Chapter 212, Fees.
(2) 
For every additional group of up to 150 attendees, a fee as set forth in Chapter 212, Fees.
B. 
Escrows.
(1) 
The Municipal Clerk shall refer any completed application to the Chief of Police who shall review the application and establish an escrow amount pursuant to § 72-12 and Chapter 212, Fees, § 212-2, of the Code of the Township to be deposited by the applicant with the Township based on the anticipated costs of services to be rendered by the Township Police Department and the Township Department of Public Works in connection with the activities set forth in the application. The escrow amount shall be paid by the applicant to the Municipal Clerk prior to the issuance of any license hereunder.
[Amended 9-17-2018 by Ord. No. 18-13; 4-6-2020 by Ord. No. 20-03]
(2) 
The fees and escrows due hereunder shall be in addition to the satisfaction by the applicant of all requirements of the Fire Department and Health Department, including under the Township Fire Code and Health Code.
C. 
Indemnification. The applicant shall execute a form of indemnity provided by the Township pursuant to which the applicant agrees to indemnify, defend and hold the Township harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from the activities of the carnival or circus.
Prior to the issuance of a license, the applicant must furnish proof that all employers involved have complied with the provisions of N.J.S.A. 34:15-71, a copy of which statute shall be available at the office of the Municipal Clerk. Failure to provide satisfactory proof of compliance with such statute shall subject the license to revocation, after hearing by the Township Council, upon proof of the licensee's failure to comply with said statute. The licensee shall be entitled to three days' notice to comply with said statute prior to the holding of said hearing.
A. 
All nondomestic animals shall be kept and maintained in a steel-barred cage or enclosure at all times or under suitable restraint and constant supervision of an attendant when the same are performing or being exhibited.
B. 
Suitable barriers shall be erected between the animals and the public in order to prevent and deter access to all nondomestic animals.