[HISTORY: Adopted by the City Council of
the City of Vineland 7-23-1996 by Ord. No. 96-55[1] (Ch. 192 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 216.
Amusements — See Ch. 220.
Noise — See Ch. 469.
Peace and good order — See Ch. 511.
[1]
Editor's Note: This ordinance also repealed
former Ch. 192, Carnivals, adopted 6-9-1953 by Ord. No. 81 (Ch. 27
of the 1968 Code).
Ordinance No. 81 of the City of Vineland, entitled
"An Ordinance Prohibiting Carnivals in the City of Vineland," be and
the same is hereby repealed.
[Amended 3-14-2017 by Ord. No. 2017-19]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes the conduct, operation, exhibition or display, by
any person or persons, corporation, firm, association or aggregation,
of shows, fares, craft shows, trade shows, benefits, church festivals,
non wild or exotic animal shows of established reputation and similar
activities which may include amusement rides and amusement activities,
booths and/or other places for the sale of food, drink and/or refreshments
in any lot, park or open place in specific locations within the City
of Vineland as set forth in this chapter, or some or any of the foregoing.
Including circus or traveling carnival shows, a mobile or
stationary act or public performance conducted, sponsored, or operated
by a person holding or required to hold a Class C license under the
Animal Welfare Act (7 U.S.C. § 2131 et seq.) together with
its subsequent amendments and implementing regulations and standards
adopted pursuant to the Act, by which performances are offered from
live animals which may also include other participants including acrobats,
clowns or other human performers.
A fixed piece of real property, owned or leased by the person
owning or caring for the wild or exotic animal, where the wild or
exotic animal eats and sleeps for more than half the calendar year.
An individual, partnership, corporation, limited liability
company, joint venture, association, trust, estate, or any other legal
entity, and any officer, member, shareholder, director, employee,
agent, or representative of those.
Any mobile or stationary act, circus, public show, trade
show, photographic opportunity, carnival, parade, race, performance,
or similar undertaking (collectively "performance or exhibition")
incorporating wild or exotic animals wherein the animals either have
no permanent residence or are removed from their permanent residence
for a period of more than 18 hours at a time for the purpose of performance
or exhibition.
Any or all of the following orders and families, whether
born in the wild or in captivity, and also any or all of their hybrids
with domestic species. The animals listed in parentheses are intended
to act as examples and are not to be construed as an exhaustive list
or limit the generality of each group of animals, unless otherwise
specified:
Nonhuman primates and prosimians (such as chimpanzees, baboons,
monkeys, etc.): all species.
Felidae (such as lions, tigers, cougars, leopards, ocelots,
servals, etc.): all species except domestic cats.
Canidae (such as wolves, coyotes, etc.): all species except
domestic dogs.
Ursidae (such as bears): all species.
Marsupialia (such as kangaroos, etc.): all species.
Proboscidea (such as elephants): all species.
Crocodilia (such as crocodiles, alligators, etc.): all species.
Squamata: all species of snakes.
Artiodactyla (such as hippopotamuses, giraffes, camels, etc.):
all species except domesticated cattle, swine, sheep, goats, llamas,
or alpacas.
Perissodactyla (such as zebras, rhinos, and tapirs): all species
except domestic horses, donkeys or mules.
Struthioniformes (such as emus): all species.
An establishment that provides lifetime care for animals
that have been abused, injured, abandon, or otherwise in need. The
animals may come from sources including, but not limited to, private
owners, research laboratories, government authorities, the entertainment
industry, and zoos. An establishment shall not qualify as a wildlife
sanctuary for purposes of this chapter unless
It is operated by a recognized 501(c)(3) organization or a governmental
unit;
No commercial trade in animals occurs (including, but not limited
to, sale of animals, animal parts, byproducts, offspring, photographic
opportunities or public events for financial profit, or any other
entertainment purposes);
No propagation (breeding) of animals occurs in the facility;
and
No unescorted public visitation is allowed.
Any person, firm, corporation or association
shall be permitted to hold, exhibit, conduct, produce, set up, promote,
maintain or operate any carnival in or upon any lot, tract or parcel
of land in the City of Vineland under the following conditions:
B.
Permission has been obtained from the property owner
for the conduct of a carnival.
C.
Carnivals shall be limited to a period of one week
per year per organization.
D.
Evidence of liability insurance shall be provided
in an amount not less than $500,000 per occurrence naming the City
as an additional insured.
E.
The carnival operator must provide advance notice
of the event to the Zoning Officer of the City of Vineland at least
60 days prior to the event, setting forth the following information:
(1)
Identification of the sponsors or promoters of the
event.
(2)
The names, addresses and daytime phone numbers of
the event coordinators (at least two persons should be named).
(3)
The specific location of the event, including street
address and block and lot, along with a description or plot plan identifying
where on the property the event will be set up.
(4)
Documentation evidencing written permission from the
property owner to the sponsor or promoter of the event.
(5)
The dates and times of the operation of the event.
F.
Licenses and permits; compliance with applicable laws.
(1)
The carnival operator must obtain any and all licenses,
permits and approvals required in connection with the event, including
but not limited to the following: a permit for the use of City property,
if applicable, through the City of Vineland Recreation Commission;
inspection of carnival equipment by the Department of Licenses and
Inspections; retail food establishment licenses through the City of
Vineland Department of Health; inspection of the site and equipment
by the Fire Department; traffic control coordination with the Police
Department; and certification by the Zoning Officer that the event
is a permitted use within the zone where the event is to be conducted.
(2)
The carnival operator must also comply with any and
all laws applicable to such an event, including but not limited to
the Carnival-Amusement Rides Safety Act of the State of New Jersey
(N.J.S.A. 5:3-31 et seq.) and related statutes and all applicable
ordinances of the City of Vineland.
[Added 3-14-2017 by Ord.
No. 2017-19]
A.
No person shall conduct, sponsor, operate, or otherwise permit a
traveling show or circus that includes wild or exotic animals as set
forth in this chapter on property owned or controlled by the City
of Vineland, including but not limited to park lands owned, controlled
or operated by the City of Vineland.
B.
The provisions of this section shall not apply to the following:
(1)
Institutions accredited by the Association of Zoos and Aquariums.
(2)
Any sanctuary, rescue center, or rehabilitation center accredited
or verified by the Global Federation of Animal Sanctuaries or the
American Sanctuary Association.
(3)
Any wildlife sanctuary as defined in this chapter, including a wildlife
sanctuary accredited or verified by the Global Federation of Animal
Sanctuaries or the American Sanctuary Association.
(4)
Outreach programs for educational and conservation purposes operated
by a recognized 501(c)(3) nonprofit organization or governmental entities
where the wild or exotic animal is not removed from his permanent
residence for more than 18 hours at any given time.
C.
This section is not intended to preclude or prevent exhibitions or
demonstrations including domestic animals such as horses, cattle,
sheep, goats, llamas and similar animals, nor is this section intended
to prevent exhibitions of domesticated farm animals such as are frequently
displayed or demonstrated by 4-H clubs or similar organizations.
D.
Further, the City of Vineland shall not contract with, agree with,
nor allow or suffer the use of City-owned properties as set forth
in this section from utilizing property owned by the City for the
purposes prohibited under this section.
