This chapter shall be known and may be cited
as the "Amusement Area Ordinance of the Town of Caledonia."
As used in this chapter, the following terms
shall have the meanings indicated:
AMUSEMENT AREA
Includes any place or area to be used for money or hire either
for or as:
A.
An amusement park or recreation center.
B.
A place where sports or athletic contests or
exhibitions occur.
E.
Race tracks for horses, motor vehicles or any
vehicle with wheels, slides or skids propelled or moved by any engine
or other mechanical device.
F.
Any similar exhibitions, performances or entertainment.
G.
Rural event venue.
[Added 9-14-2017 by L.L. No. 3-2017]
PERSON
Includes any individual person or persons, and partnership
or corporation, or groups or mixtures thereof.
RURAL EVENT VENUE
The use of land or structures for gatherings and events where
compensation is paid to the property owner for said use, such as,
but not limited to, parties, fundraisers, conferences and other similar
events that are not a permanent business.
[Added 9-14-2017 by L.L. No. 3-2017]
It shall be unlawful and a violation of this
chapter for any person to conduct, establish or run an amusement area,
or to begin clearing, excavation, construction or the erection of
buildings or other structures therefor, without being licensed therefor.
[Amended 9-14-2017 by L.L. No.
3-2017]
Based upon a person's application and attachments, and
not later than 45 days from the date such application is received,
and if the Code Enforcement Officer is satisfied that the matters
required to be set forth are adequately and reasonably provided for,
the Code Enforcement Officer:
A. Shall
notify the person, either personally or by mail addressed to the address
given on the application, that his application is approved or disapproved,
giving its reasons therefor.
B. Shall
give the person a reasonable time, from time to time, to correct defects
and to comply with the Board's recommendations.
C. Shall
be given a reasonable opportunity to determine whether a person has
so corrected his application, from time to time made.
D. Shall,
upon final approval, cause the application and plans to be marked
approved, and these plans shall be then known as the "final plans,"
the Code Enforcement Officer shall direct the Town Clerk to issue
the person the license.
E. If
required at any time by the Code Enforcement Officer, either prior
to or after the license has been issued, require a person to give
bond for the faithful performance of the work contemplated by the
final plans, such bond to be approved by Town Board's attorney.
F. May
revoke a license for failure to conform to the final plans, upon reasonable
notice to the person licensed.
The unnecessary or unreasonable emission of
smoke, noxious gases, deposits, dusts from the grounds, buildings,
engines or other sources within an amusement area is hereby prohibited
and declared to be a violation of this chapter.
Within an amusement area, the creation, maintenance
or permitting of unreasonably loud or disturbing noises, determined
by the Board to be of a character, intensity or duration as to be
detrimental to the peace, welfare or good order of the people, is
hereby prohibited and declared to be a violation of this chapter.
[Amended 8-11-1994 by L.L. No. 4-1994]
Any person, firm or corporations who shall be
convicted of a violation of this chapter shall be punished by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both. The Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any
such violation of this chapter, notwithstanding that the chapter may
provide a penalty or other punishment for such violation.