[HISTORY: Adopted by the Township Council
of the Township of Monroe 12-13-1967 by Ord. No. O-8-67 as Ch. 51 of the 1967 Code, amended in its entirety 1-22-2018 by Ord. No. O:41-2017. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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. An
identification number shall be required for legal games of chance.
Any gaming device which is controlled in any manner and operated
in connection with a carnival, traveling circus or other similar enterprise.
In connection with the operation of a carnival, traveling
circus or other similar enterprise, consists of any act which may
tend to corrupt the morals of the public or any act which is of a
revolting nature.
A.
Every person or group of persons or corporation desiring to operate
a carnival, traveling circus or other similar enterprise within the
limits of the Township of Monroe shall first submit to the Township
Clerk an application which shall specify:
(1)
The name of the carnival company and/or circus.
(2)
The name of sponsoring group.
(3)
The period of time for which the permit is desired.
(4)
A list of the various concessions, games, acts or shows which are
to be in operation at any time during the period for which the permit
is being requested.
(5)
In regards to carnivals, the applicant shall comply with the regulations
required pursuant to N.J.A.C. 5:70-2.22 et seq.
B.
In addition thereto, every applicant is required to make application
to the Construction Code Official and obtain a construction permit
and pay the applicable fees.
C.
The Township Clerk shall submit each application to the Township
Council for approval or rejection and shall issue permits only for
those applications which shall have been approved by the Township
Council.
D.
The applicant must provide a certificate of insurance in the minimum
amounts required by the JIF and MEL. The applicant shall further submit
a written agreement which indemnifies and holds the Township harmless
from any and all liability.
E.
The applicant shall deposit with the Township Clerk at the time of
filing the application a cash bond in the sum of $500, conditioned
upon saving the Township of Monroe harmless from any and all liability
or causes of action which may arise by virtue of the granting of the
license to the applicant and conditioned further that no damage will
be done to the streets, trees or adjoining properties and that no
dirt, paper, litter or other debris will be permitted to remain upon
the streets or upon any private property by such applicant. Such cash
bond shall be returned to the applicant upon certification by the
Chief of Police that all conditions of this chapter have been complied
with.
F.
All of the information and documentation required as contained in §§ 109-2 and 109-3 of this chapter shall be provided within 30 days of the date scheduled for the governing body to vote on said application. All applications which are not submitted in full in conformance with the time frame set forth shall be deemed incomplete, and all materials shall be returned to the applicant.
[Amended 7-22-2019 by Ord. No. O:21-2019]
A.
No carnival, traveling circus or other similar enterprise shall be allowed to operate within the Township of Monroe without first having filed an application with and obtained a permit from the Township Clerk as hereinabove set forth. The fee for each such permit shall be as set forth in Chapter 74, Fees, which sum must be paid to the Township Clerk upon the making of the application hereinbefore mentioned. There shall also be collected a fee of $75 for the Construction Code Official's inspection plus any applicable NJDCA training fees.
B.
All application fees, construction fees and other associated permit
fees are to be waived by Township Council or the Director of the Department
who will report to Mayor and Township Council 30 days prior to the
event regarding the exemption of fees, if it can be demonstrated that
the entity applying for said permit under this chapter has been determined
to be a nonprofit entity, pursuant to the regulations of the Internal
Revenue Service and/or the New Jersey Nonprofit Corporations Act.
The applicant, upon applying for said permit under this section, is
required to provide the Township Clerk with a certified copy of the
current document which establishes the nonprofit status.
C.
The zoning permit will be the first step in the process and will
not be approved without a safety plan that has been reviewed by the
Chief of Police and/or his designee and written approval given to
the Zoning Officer for review along with the application and fee.
All recommendations made by the Chief of Police shall be a condition
of the zoning permit.
D.
If the Chief of Police deems it necessary during the event to utilize
special duty police presence, the applicant will abide by such recommendation
and pay the foregoing rate of pay per officer to have the police personnel
in place prior to any zoning permit issuance. The applicant, upon
approval of the Zoning permit, shall apply for any other permits necessary,
including but not limited to construction, fire, county and state
permits applicable to the event.
No indecent performances shall be allowed to operate or take
place in connection with the operation of any carnival, traveling
circus or other similar enterprise. Each such act shall be a separate
violation of this chapter.
No controlled gaming device shall be allowed to operate in connection
with any carnival, traveling circus or other similar enterprise. The
operation of each such device shall be a separate violation of this
chapter.
All carnival, traveling circus or other similar enterprise operations
shall close daily at 12:00 midnight. No carnival, traveling circus
or other similar enterprise shows, performances, games, etc., shall
be permitted to operate at any time on Sundays.
In the event that a situation necessitating an interpretation
of this chapter shall arise in connection with the operation of a
carnival, traveling circus or other similar enterprise, the members
of the Township Council or a majority thereof shall determine whether
said situation is a violation of this chapter. Police officers shall
be notified promptly of any such decision or interpretation and shall
be given necessary authority to act under the provisions of this chapter.
Any person or persons violating any provision of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or imprisonment for not more than 90 days, or both; such fine
and imprisonment to be in the discretion of the Judge of the Municipal
Court or the County District Court of the County of Gloucester. Any
conviction under this chapter shall be assumed to be good and sufficient
cause to close the concession.
