No person shall construct, operate or maintain an amusement
park within the borough without first obtaining a license as hereinafter
provided from the Borough Clerk.
An application hereunder shall be accompanied by an application
fee of $50.
Every application for a license hereunder shall be accompanied
by a bond, approved as to form by the Borough Attorney, executed by
a bonding or surety company authorized to do business in the State
of New Jersey, in the penal sum of $500, conditioned upon the payment
by the licensee of any and all final judgments for injuries or damages
resulting to persons or property arising out of the operation or maintenance
of any amusement park. Such bond shall run to the borough for the
benefit of any person who may receive injuries and for the benefit
of any person who may claim redress for property damage resulting
from the operation or maintenance of such amusement park. Such bond
shall remain in full force and effect for the full period of time
for which the license is effective. A liability insurance policy issued
by an insurance company authorized to do business in the State of
New Jersey, conforming to the requirements of this section, may be
permitted in lieu of a bond.
Within 10 days after receipt of an application as provided for
herein, the Borough Clerk shall cause an investigation to be made
of the applicant and his proposed amusement park operation.
The Borough Clerk shall issue a license hereunder when he finds
that:
A. The applicant and all employees and attendants are of good moral
character and capable of operating the proposed business in a manner
consistent with the public safety and good morals.
B. The bond or insurance policy as required by this chapter has been
procured.
C. The requirements of this chapter and of all other governing laws
and ordinances have been met.
A license shall be issued to a successful applicant hereunder
after payment to the Borough Clerk of a license fee of $400. The license
may be renewed upon payment of the same fee on yearly anniversaries
of the date of issuance, provided that the applicant has complied
with this chapter and other governing laws and ordinances.
A licensee hereunder shall comply with the following requirements
and standards of operation:
A. Conduct and operation.
(1) Quiet and good order. The licensee shall maintain quiet and good
order upon the premises consistent with the activities conducted thereon
where the amusement park is operated, and loitering shall not be permitted
in or about the entrances to or exits from the amusement park. No
alcoholic beverages shall be served or consumed on the premises.
(2) Parking facilities. The licensee shall establish and maintain plainly
marked and clearly designated parking areas on the premises for persons
using and operating the amusement park.
B. Standards for maintenance of premises.
(1) Attendants. At all times when the amusement park is open to the public,
the licensee shall provide an adequate number of qualified attendants
on duty at all times, who shall patrol the exits, entrances, beaches,
parking areas and facilities for entertainment or amusement to see
that order is maintained, that disorderly or immoral conduct is prevented,
that the entrances and exits are kept free from congestion and that
this chapter and all other governing ordinances, rules and regulations
pertaining to amusement parks are observed. Qualified lifeguards shall
be on duty at all times while bathing beaches are open to the public.
(2) Access. The licensee shall provide access available to public streets
or other public ways from at least two points at all times. Such means
of access shall be kept clear by the licensee at all times to facilitate
departure of persons in vehicles and to permit entrance of fire apparatus
or ambulances in case of emergency.
(3) Paving or treatment. All drives and areas used by vehicles must be
satisfactorily paved by the licensee or treated to avoid creating
dust.
(4) Fire extinguishing equipment. Fire extinguishing equipment shall
be furnished by the licensee in such amount and in such locations
as may be directed by the Borough Fire Marshal. Said equipment shall
be open to inspection by the Borough Fire Marshal at all reasonable
hours.
(5) Sanitary facilities. Adequate and proper sanitary facilities, approved
by the Borough Board of Health, shall be provided by the licensee.
(6) Noise. No central loudspeaker shall be permitted by the licensee.
All outdoor entertainment devices and facilities shall be conducted
without disturbing music or other unnecessary noise. The licensee
will conduct the entire premises in such a manner as to prevent annoyance
and other disturbance to adjoining property owners and to prevent
the amusement park from becoming a nuisance.
(7) Premises free from refuse. No person shall place, throw or deposit
any food, beverage, paper, bottle or other waste materials upon the
premises of any amusement park, nor shall licensee permit such conduct.
The Borough Clerk shall have the authority to revoke or suspend
a license issued hereunder when he finds that:
A. The licensee is operating in violation of this chapter or any other
governing law, ordinance or regulation.
B. The licensee is operating so as to constitute a nuisance by reason
of noise or immoral activity on the premises.
[Amended 11-3-1976 by Ord. No. 9-1976]
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction thereof, be fined in an amount
not exceeding $500 or be imprisoned in the county jail for a period
not exceeding 90 days, or be both so fined and imprisoned. Each day
such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.