[HISTORY: Adopted by the Borough Council of the Borough of
Royersford 7-16-1971 by Ord. No.
459 (Ch. 13, Part 2, of the 1990 Borough Code of
Ordinances). Amendments noted where applicable.]
A.
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any natural person, partnership, association, firm
or corporation.
B.
The singular shall include the plural, the plural shall include the
singular, and the masculine shall include the feminine and the neuter.
[Amended 10-30-1990 by Ord. No. 715]
No person shall hold or conduct any circus or carnival, or install
or operate any merry-go-round or other amusement ride at any place
within the Borough of Royersford without first having obtained a license
therefor from the Borough Manager or Code Enforcement and paying the
license fee as established from time to time by the Borough Council,
provided that such licenses shall be issued without charge for any
carnival, circus, merry-go-round or other amusement ride held or operated
by or for the sole benefit of any church, school, lodge or other nonprofit
or charitable organization.
Application for a license for a circus or carnival shall be
made to the Borough Manager or Code Enforcement at least three weeks
prior to the date on which it shall be proposed to commence the operation
of the same, and a list of all amusements, features and shows to be
included therein shall be included in such application. No license
shall be issued except for amusements, features and shows to be approved
by the Chief of Police, and no unapproved amusement, feature or show
shall be included in any such licensed circus or carnival.
The Borough Manager or Code Enforcement may refuse to issue
a license in any instance where he/she shall deem such proposed circus,
carnival or amusement ride to constitute a threat to the health, safety,
welfare and morals of the Borough, and may revoke a license, after
issuance, for any of the same grounds, or for violation by the holder
thereof, of any of the terms or conditions of such license or of the
provisions of this chapter. Appeals from any refusal or revocation
by the Borough Manager or Code Enforcement may be made to the Borough
Council at any time within 10 days after the action of the Borough
Manager or Code Enforcement to be appealed from; provided, no portion
of a license fee shall be refunded in case of revocation thereof.
[Amended 6-28-1988 by Ord. No. 694; 10-30-1990 by Ord. No. 715; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
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 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 Montgomery County.
