[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls 1-12-1977 by L.L. No. 5-1977.[1] Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined as
follows:
Any assembly, exhibition or display of shows, Ferris wheels, merry-go-rounds,
whips, shooting galleries or similar amusements, legal games or contests of
chance or skill; any exhibitions or feats of horsemanship, acrobatic performances
or display of animals together with such exhibitions, which exhibitions, performances,
displays or devices are grouped together and carried on for a short period
of time in the open air or under temporary structures, or elsewhere.
It shall be unlawful for any person, firm or corporation to erect or
cause to be erected any temporary structure, composed wholly or partly of
canvas or similar materials, to be used as a place of amusement or for any
recreational purpose or for any other public assembly whatsoever within the
Village of South Glens Falls, and no carnival, circus or traveling show shall
be opened or operated in the Village of South Glens Falls without first having
made an application to the Mayor of the Village of South Glens Falls and having
received permission to do so in accordance with the conditions and limitations
as set forth in this chapter.
The applicant for such license shall file an application with the Village
Clerk at least 10 days before the commencement of any activity in preparation
for the proposed carnival, circus or traveling show.
A.
The application must set forth the names and addresses
of parties interested in and intended to benefit from the contemplated profits
of the venture, together with the location of the proposed venture, the dates
on which such venture will operate and the hours during which such venture
will be operating in each day.
B.
Such application shall further specify the type of construction
of the tent or other temporary structure, the seating arrangement, the location
of all exits, the location of all fire equipment within the structure, the
provisions made for sanitary facilities for persons using the premises and
any other details which will show the provisions made for the safety of the
persons within such structure.
C.
The applicant shall furnish the written consent of the
owner of the site where the carnival, circus or traveling show is proposed
to be conducted for the same to be so conducted on said property.
If, upon review of the application, the Mayor deems it in the best interest of the Village to issue such license, he may do so upon payment of the fees required by § 57-5. Before issuance of the permit, the Mayor may, in his discretion, require that the applicant furnish evidence satisfactory to the Village Attorney that a public liability insurance policy in an amount deemed sufficient by the Mayor shall be in force and effect during the time the carnival, circus or traveling show will be operating. The Mayor may also require that the applicant deposit with the Village a cash bond or other surety satisfactory to the Village Attorney to cover any costs that the Village may incur by virtue of the granting of the license. Such cash bond or surety shall be returned upon certification by the Mayor that all conditions of this chapter have been complied with.
A.
When an applicant hereunder is a charitable or religious
organization, a school or a recognized group composed of American veterans
of military or naval service, volunteer firemen or a parent-teacher association,
no license fee shall be assessed.
B.
When the applicant is engaged in such production for
private gain or as a business enterprise, a fee for a license shall be paid
in an amount established by resolution of the Village Board.
[Amended 3-21-2007 by L.L. No. 1-2007]
An offense against any one or more of the provisions of this chapter,
any law of the State of New York or any local law or ordinance of the Village
of South Glens Falls by the applicant or its agents or employees shall be
sufficient ground for the revocation of any license.
Any applicant who shall have been refused a license by the Mayor or
who is in any way aggrieved by a decision of the Mayor may appeal such decision
to the Board of Trustees who may, by majority vote overturn or sustain such
action of the Mayor.
Any person committing an offense against this chapter shall, upon conviction,
be subject to a fine not exceeding $250 or imprisonment for a term not exceeding
15 days, or both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
All ordinances, local laws or resolutions or parts of ordinances, local
laws or resolutions of the Village of South Glens Falls inconsistent with
the provisions of this chapter are hereby repealed; provided, however that
such repeal shall be only to the extent of such inconsistency, and in all
respects this chapter shall be in addition to other legislation regulating
and governing the subject matter covered by this chapter. The above notwithstanding,
the ordinance adopted June 5, 1957, regulating carnivals and circuses is hereby
specifically repealed in all respects and shall be deemed to be of no force
or effect as of the effective date of this chapter.
