[HISTORY: Adopted by the City Council of the City of Lewes as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 63.
Littering — See Ch. 121.
Loitering — See Ch. 123.
Noise — See Ch. 132.
[Adopted 10-13-1969]
[Amended 5-12-1980]
As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT PARK
Any area in which persons, for a consideration, shall be permitted to use or ride any attraction, including but not limited to a merry-go-round, Ferris wheel, scale model cars or other devices on wheels, or any area containing three or more mechanical devices or contrivances which, by means of the insertion of a coin, slug, disk or other article into a slot, crevice, opening or attachment connected with or forming a part of any such devices or contrivances, effects the operation thereof for use as a game, contest or amusement, including but not limited to pinball machines, bagatelle, pool tables and foosball tables.
It shall be unlawful for any persons, firm or corporation to establish, maintain or operate or to permit the establishment, maintenance or operation of any amusement park within the corporate limits of the City of Lewes unless the amusement park is enclosed with a fence around its entire perimeter, said fence to be not less than six feet in height.
[Amended 5-12-1980]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 and imprisonment for a term of not less than 10 days nor more than 30 days for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and imprisonment for a term of not less than 20 days nor more than 60 days for each such conviction. Each day that a violation of any of the provisions of this article continues shall be deemed and taken to be a separate and distinct violation.
[Adopted 5-12-1980]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT PARK
All manner and form of entertainment for which an admission charge is made, including but not limited to the following: theatrical performances, motion-picture exhibitions, carnivals, circuses, concerts, musical reviews, sporting events or recreation, swimming pools, bathing beaches, skating rinks, locker rooms, restaurants, bowling alleys, children's entertainment, rides, go-carts, etc.
CITY
The City of Lewes.
LICENSEE
A person having a City license in full force and effect issued hereunder for an amusement park.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
B. 
Word usage. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
No person shall construct, operate or maintain an amusement park within the City without first obtaining a license as hereinafter provided from the City Manager.
A. 
Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the City Manager and shall state:
(1) 
The name, home address and proposed business address of the applicant.
(2) 
The number and types of amusement facilities or devices which the amusement park is planned to accommodate.
(3) 
The hours of operation for said amusement park.
(4) 
The names, addresses and number of employees and attendants.
(5) 
Such other information as the City Manager shall find reasonably necessary to effectuate the purpose of this article and to arrive at a fair determination of whether the terms of this article have been complied with.
B. 
An application hereunder shall be accompanied by a plat or drawing of said amusement park showing its location and size; location of all roadways or driveways; location, size, description and construction of all structures; description of all facilities and devices for entertainment; and location, size and construction of walls, fences or barriers surrounding said premises.
Every application for a license hereunder shall be accompanied by a bond, approved as to form by the City Solicitor, executed by a bonding or surety company authorized to do business in the State of Delaware, in the penal sum of $500,000, 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 City 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 Delaware, 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 City Manager shall cause an investigation to be made of the applicant and his proposed amusement park operation.
The City Manager 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 article has been procured.
C. 
The requirements of this article 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 City Manager 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 article 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 article 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 City Fire Chief. Said equipment shall be open to inspection by the City Fire Chief at all reasonable hours.
(5) 
Sanitary facilities. Adequate and proper sanitary facilities approved by the City 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 the licensee permit such conduct.
The City Manager 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 article 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.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 and imprisonment for a term of not less than 10 days nor more than 30 days for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and imprisonment for a term of not less than 20 days nor more than 60 days for each such conviction. Each day that a violation of any of the provisions of this article continues shall be deemed and taken to be a separate and distinct violation.