[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. II of Ch. 72 of the 1979 Code]
As used in this article, the following terms shall have the meanings indicated:
DEVICE or DEVICES
Any electrically operated device or devices intended to be mounted or ridden by children for their amusement, such device being sometimes known and designated as "kiddie ride," the installation or regulation of which is not governed by Article I of this chapter.
No person shall install, maintain or operate, or permit the installation, maintenance or operation of, any device on any premises, public or private, within the Township without first having obtained a license for the installation and maintenance or operation of each such device.
Application for a license under this article shall be made in writing to the Municipal Clerk. The application shall:
A. 
Be signed by the person proposing to operate the device described in said application.
B. 
State the name and post office address of the owner of the device, of the operator of the device and of the owner or occupant of the premises upon which the device is proposed to be installed, maintained and operated.
C. 
Contain a description of the type and nature of the device and a certification that it complies with all of the requirements of § 78-23.
D. 
Be accompanied by satisfactory written evidence that the applicant carries public liability insurance in an insurance company authorized to do business in the State of New Jersey, insuring against liability for personal injuries or damages suffered by any person resulting from the installation, maintenance and operation of the device referred to in the application and in an amount of not less than $25,000.
E. 
Be accompanied by payment of the license fee provided in § 78-22.
Upon receipt of an application complying with the provisions of § 78-19, the Municipal Clerk shall issue to the applicant a license to install and, upon approval of the Chief of Police as hereinafter specified, to operate at the location described in the application, the device described therein. Upon receipt of such application, the Municipal Clerk shall immediately forward a copy of the application to the Chief of Police. Upon the installation of the device referred to in said application, the licensee shall immediately notify the said Chief of Police, who shall cause an inspection to be made to determine whether the device complies with the requirements of § 78-23 and that there are no electrical or mechanical hazards in the operation of such device. No such device shall be operated until the Chief of Police shall certify in writing to the licensee that said device complies with the requirements of § 78-23.
[Amended 3-31-1987 by Ord. No. 87-10]
The fee for the issuance of a license issued pursuant to this article shall be $40.
All devices installed, maintained and operated pursuant to a license issued under this article shall comply with the following requirements:
A. 
Branch circuit wiring to plug receptacle shall be three No. 12 gauge conductors, one of which shall be connected to a cold-water pipe.
B. 
Both plug receptacle and plug shall be polarized.
C. 
The flexible cord from the device to the receptacle shall be three-conductor, No. 14 gauge of heavy-duty type, equipped with cord grip fittings, and such cord must not be of undue length and shall be connected to the device by means of a cord connector.
D. 
Each device shall be fitted with a ground conductor of No. 14 gauge, grounding all metal parts of the device.
E. 
All internal wiring of the device shall be No. 16 gauge.
F. 
All wiring for lights on the device shall be installed in a metallic raceway or raceways.
G. 
Bushings shall be provided for coin box feed.
H. 
All wiring shall be suitably protected from mechanical injury.
I. 
Cord connectors shall be used on all boxes on the device.
J. 
On and off switches shall be fitted with approved metal bases.
K. 
Open-type cleat sockets shall not be permitted.
L. 
All lights on the device shall have fiber plates.
M. 
Any amplifier equipment shall be installed in a metal box.
N. 
All controls, contactors, transformers and connection blocks on the device shall be installed in metal boxes.
O. 
All motors exceeding six amperes shall be installed on separate circuits.
P. 
All microswitches shall be installed in metal boxes.
Q. 
All exposed, dead or unused wires and fittings must be removed.
Any license issued under this article may be revoked by the Chief of Police for the violation of or noncompliance with any provision of this article or by reason of the existence of any hazardous condition in the maintenance or operation of the licensed device. Such revocation shall be by written notice delivered to the licensee or the agent of the licensee in charge of the device. The notice of revocation shall contain a statement of the violation, noncompliance or hazards found by the Chief of Police to exist. The licensee shall be entitled to a hearing by the Chief respecting the existence of the violation, noncompliance or hazard upon written request made to the Chief within 10 days following the revocation of the license.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.