[Adopted 4-19-1983 by Ord. No. 433]
1.
AMUSEMENT RIDE
PERSON
The following words and terms shall have, for the purpose of Part 5 of this chapter, the meanings thereto ascribed hereby, except in those instances where the context clearly indicates a different meaning:
Includes: (i) any device of the nature commonly a part of
an amusement park or carnival, including, but not limited to, merry-go-rounds,
Ferris wheels, roller coasters, which may be permanently or temporarily
installed or used in the Borough of Sharpsburg; and (ii) any coin-actuated
device, installed or located for amusement purposes, in or upon which
one or more individuals may ride or be moved.
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.
[Amended 2-21-2013 by Ord. No. 13-05]
It shall be unlawful for any person to hold or conduct any circus
or carnival at any location within the Borough of Sharpsburg or to
operate any amusement ride therein without first having obtained a
permit therefor from the Borough Secretary, for which the following
fee, which shall be for the use of the municipality, shall be paid:
1.
For a circus or carnival, an amount to be determined from time to
time by resolution of Borough Council for each day upon which a circus
performance shall be held or the carnival shall be in operation.
2.
For an amusement ride, an amount to be determined from time to time
by resolution of Borough Council, provided 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; provided, further, the Borough
Secretary may, at his discretion, refuse to grant a permit in any
case or may suspend or revoke a permit already granted where he, in
his judgment, has reason to believe that the holding of such circus
or carnival, or the operation of any amusement ride, as the case may
be, might endanger the public health or morals, welfare or safety.
Provided, further, 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 and in case the application
for such permit shall have been made by and on behalf of any organization
connection with the municipal government or with any public school
district. Provided, further, if any permit shall be refused, suspended
or revoked, an appeal from such refusal, suspension or revocation
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, but no
portion of a permit fee shall be refunded in case of suspension or
revocation.
[Amended 2-21-2013 by Ord. No. 13-05]
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 or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
