[HISTORY: Adopted by the Borough Council
of the Borough of Haledon 4-19-1946 by Ord. No. 342 (Ch. 82 of the 1984 Code);
amended in its entirety 5-11-2023 by Ord. No. 4-13-2023B. Subsequent amendments
noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
Includes a fair or function conducted for the sale of fancy
or specialty wares, handicrafts, toys, food or food products and other
miscellaneous goods and merchandise or other things contributed for
some charitable object; provided, however, that said term "bazaar"
as defined herein shall be deemed expressly to exclude making or permitting
to be made available for public use or participation, either gratuitously
or for a fee or admission charge, amusements of all kinds, including
concession and amusement stands, rides or amusement devices, or games
of chance or skill, or partly of chance and partly of skill, as a
part of or incidental to the conduct or operation of any such bazaar.
Includes a transient outdoor show or exhibition conducted
in a temporary structure, composed wholly or partly of canvas or similar
material, as a place of amusement or recreation or for any other similar
public assemblage in which is conducted, operated or permitted games
of chance, skill or partly chance or skill; or wherein goods are given
or awarded to persons paying a consideration for a chance or opportunity
to win or secure the same as a prize or award; or where concession
stands or amusement stands are operated, conducted or maintained.
Includes a transient outdoor show or exhibition conducted
in a temporary structure, composed wholly or partly of canvas or similar
material, in which are displayed or exhibited for the amusement or
recreation of the general public feats of horsemanship, tumbling,
acrobatics and feats of human skill and daring, together with feats
of highly trained or unusually skilled animals, either alone or in
concert with their tamers, trainers or keepers, and the performances
of those persons garbed or dressed and made up in the costumes and
makeup commonly or generally associated with circus clowns.
Includes a sidewalk, street sale or other outdoor function
conducted for the sale of food or food products and other miscellaneous
goods, wares and merchandise.
A.
No person as owner, lessee, manager, sponsor, officer or agent shall
establish, operate or conduct or suffer or permit the establishment,
operation or conduct of any carnival, festival, exhibition, traveling
or other show, or have a street parade in connection therewith, within
the boundaries of the Borough.
B.
A bazaar, carnival or circus, however, may be conducted or operated
by any church, church society, benevolent association, charitable
or veterans organization which must be either located within the Borough
or otherwise associated therewith, provided that such bazaar, carnival
or circus is conducted solely for the applicant's financial benefit
and welfare, and provided further that a permit has first been applied
for, its issuance consented to and approved by the Borough Council
and such permit obtained from the Borough Clerk as hereinafter provided
in this section. The permit to be granted for a bazaar, carnival or
circus under this section may include permission to operate or conduct
a specifically allowed number of games of chance or skill, amusement
devices or rides and merchandise booths, upon a finding by the Borough
Council that such inclusions will not adversely affect the health,
safety and welfare of the public.
(1)
All applications for a permit under this section shall be made and
delivered to the Borough Clerk in triplicate on forms to be supplied
for that purpose.
(2)
The application for the permit shall contain the following:
(a)
The name and address of the applicant.
(b)
The location of the proposed bazaar, carnival or circus, including
the size of such location and a proposed layout of the facilities,
stands and rides and the like, to be conducted as a part of such bazaar,
carnival or circus.
(c)
The days and hours upon and during which the bazaar, carnival
or circus is proposed to be conducted.
(3)
Before any application is presented to the Borough Council for consideration,
the Borough Clerk shall append thereto the results of investigations
conducted by the Police Department, Board of Health and Building Department
with reference to the effect of the conducting of the proposed bazaar,
carnival or circus upon the health, safety and welfare of the public.
(4)
The permit which may be granted hereunder shall not exceed one such
permit to any organization or affiliate in any one calendar year.
The bazaar, carnival or circus authorized under any such permit shall
not be conducted for more than five consecutive days.
(5)
No more than two bazaars, carnivals or circuses that conduct, as
a part thereof, games of chance or skill shall be authorized hereunder
on any Sunday.
(6)
All tents, rides, exhibits, food concessions and/or other amusements
operated at the bazaar, circus or carnival must successfully pass
all requisite health, safety and fire inspections, which inspections
shall be conducted by the Borough at least 48 hours prior to the opening
of the bazaar, carnival or circus in question.
(7)
The applicant shall file with the Borough Clerk a surety bond from
a surety company licensed to conduct business in the State of New
Jersey and approved as to form and surety by the Borough Council of
the Borough of Haledon, in an amount equal to $1,000 multiplied by
every 100 persons or part thereof estimated to be in attendance daily
at the program or activity for which the permit is sought. The bond
shall be for the purpose of protecting and preserving the property
of the Borough of Haledon and shall be conditioned upon the applicant
repairing or replacing any and all damage caused to Borough property
or equipment from the conducting of such program or activity.
(8)
The applicant shall also file with the Borough Clerk an additional
surety bond from a surety company licensed to conduct business in
the State of New Jersey and approved as to form and surety by the
Borough Council of the Borough of Haledon, in the amount of $2,500.
The bond shall be posted to ensure that the costs of police protection
and cleanup relating to the events are covered.
C.
A festival, sidewalk sale or street sale, however, may be conducted
or operated by any merchant, merchants' association or neighborhood
association of the Borough, provided that a permit has been applied
for, its issuance consented to and approved by the Borough Council
and such permit obtained from the Borough Clerk as hereinafter provided
in this section.
(1)
All applications for a permit under this section shall be made and
delivered to the Borough Clerk in triplicate on forms to be supplied
for the purpose.
(3)
Before any application is presented to the Borough Council for consideration,
the Borough Clerk shall append thereto the results of investigations
conducted by the Police Department, Fire Department, Board of Health
and Building Department with reference to the effect of the conducting
of the proposed festival, sidewalk sale or street sale upon the health,
safety and welfare of the public.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both.
