Carnivals, circuses and traveling shows shall
be prohibited within the Township of Union in the County of Union,
except as otherwise provided for in this article.
[Amended 10-26-2004 by Ord. No. 4842]
A carnival, circus or traveling show shall be
permitted in the discretion of the Township Committee, if the supporting
organization therefor is a local religious, charitable, educational
or fraternal organization.
Before any license may be issued for a carnival, circus or traveling show, as authorized and permitted under §
203-37 hereof, the applicant therefor shall complete an application form and file the same with the Township Clerk, together with the fee therefor as hereinafter set forth, and contemporaneously therewith provide copies of said application form for transmittal to the Police Department, the Fire Department and the Board of Health, which said last three named Departments shall submit their comments and recommendations in connection with said application to the Township Committee.
Such application shall be filed at least 60
days prior to the opening date of said carnival, circus or traveling
show. The application shall be on such form as may be provided by
the Township Clerk.
[Amended 3-27-1984 by Ord. No. 3699; 12-13-1988 by Ord. No.
3997; 9-10-2002 by Ord. No. 4745]
The fee for a carnival, circus or traveling
show authorized by this article, which said fee shall accompany the
application, shall be the sum of $2,000 per day. In the event that
the application is denied, 10% of the fee deposited with said application
shall be retained by the Township as a processing fee.
No person, firm or corporation granted a license
in accordance with this article shall permit, suffer, allow or condone
any of the following on the premises on which the event is being conducted:
A. Gambling, betting
or wagering, unless the sponsoring organization obtains the proper
license from the State of New Jersey Legalized Games of Chance Control
Commission.
[Amended 6-8-2004 by Ord. No. 4823]
B. Loud noise or
music to the annoyance of adjoining neighbors.
C. Profane or indecent
language.
D. A violation of
any local, state or federal statutes, laws, ordinances, rules or regulations.
E. Operation beyond
the hours specified in an approved application.
[Added 6-8-2004 by Ord. No. 4823]
[Amended 6-8-2004 by Ord. No. 4823]
Each person, firm or corporation obtaining a
license under the provisions of this article and/or each person, firm
or corporation who is taking part in the sponsored event who either
performs a service for the sponsoring agent or has contracted to do
business with the sponsoring agent shall be responsible for any and
all actions of its agents, employees and servants on the licensed
premises.
The application to be filed as herein provided
shall set forth the following:
A. The name of the
applicant.
B. The sponsoring
organization, if different than the applicant.
C. The names and
residences of all officers, directors and stockholders of the applicant
and sponsoring organization.
D. The financial
arrangement between the applicant and sponsoring organization, i.e.,
division of profits.
E. If a contract
exists between the applicant and sponsor, a copy of the contract must
accompany the application.
F. The street address
or other sufficient description of area upon which event is to be
conducted.
G. The dates upon
which the event is to be conducted and the hours of operation.
[Amended 6-8-2004 by Ord. No. 4823]
H. The name of the
company and amount of liability insurance, which must be in an amount
of not less than $1,000,000 per occurrence and $50,000 property damage,
and name of the insurance company carrying workers' compensation insurance,
certificate of insurance to be furnished as to the foregoing.
[Amended 10-26-2004 by Ord. No. 4842]
Any violation of any of the items set forth in §
203-41 above or of any other law, statute, ordinance, rule or regulation shall be sufficient grounds for the revocation of the license herein authorized, which revocation may be based upon reasonable grounds of a probable violation.
[Amended 10-26-2004 by Ord. No. 4842]
Upon the granting of the license herein authorized,
the applicant therefor shall deposit with the Township Clerk a cash
bond of $1,000 for each day authorized under the license, not to exceed,
however, the sum of $2,500, in order to guarantee that, upon the termination
of the event, the licensed premises, the immediate vicinity thereof
and adjacent public roads will be broom-swept clean within 48 hours
after the conclusion of the event. Upon a determination that the premises
have been so cleaned, which said determination shall be made by the
Superintendent of Public Works, the Township Clerk, upon said Superintendent
filing a favorable written report, shall return the aforesaid cash
bond to the applicant. In the event that the area has not been broom-swept
clean within the aforesaid time, then and in that event the aforesaid
cash bond shall be forfeited, and such failure to conform to this
provision of this article shall constitute a violation thereof and
shall subject the applicant, in addition to the above-mentioned forfeiture,
to the penalties hereinafter provided for in this article.
[Amended 10-26-2004 by Ord. No. 4842]
No license shall authorize any such carnival,
circus or traveling show to be conducted for a period in excess of
three consecutive days.
[Amended 10-28-1986 by Ord. No. 3879; 4-26-1988 by Ord. No.
3963; 12-13-1988 by Ord. No. 3998; 10-26-2004 by Ord. No. 4842; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of provisions of this
article shall, upon conviction thereof, be subject to one or more
of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $2,000
or by a period of community service not exceeding 90 days, to become
effective on the effective date of this section.