[Ord. 907, 9/23/1996, § 13-801]
1. As used in this Part, 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.
2. In this Part the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 907, 9/23/1996, § 13-802; as amended by Ord.
1005, 5/23/2011]
1. 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 Manager, for which a fee for the use of the Borough,
shall be paid as established pursuant to a resolution of the Borough
Council, 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 Part.
2. At the discretion of the Borough Council the permit fee may be waived
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 Borough government or with any public school district.
[Ord. 907, 9/23/1996, § 13-803]
1. The Borough Manager 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 § 414
of that same Act.
2. 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.
[Ord. 907, 9/23/1996, § 13-804; as amended by Ord.
1005, 5/23/2011]
Any person, firm, or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.