[HISTORY: Adopted by the Town Board of the Town of Caledonia 2-12-1962. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and games of chance — See Ch. 46.
Zoning — See Ch. 130.
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.
C. 
Skating rinks.
D. 
Shooting galleries.
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.
A. 
To obtain such license, a person shall make application to the Town Clerk of the Town of Caledonia upon his own letterhead or stationery requesting such license.
B. 
Such request shall be accompanied by a payment of a fee as provided by resolution of the Town Board to help defray the costs of the examination and investigation of the application as hereinafter envisioned.
[Amended 8-11-1994 by L.L. No. 4-1994]
C. 
Separately attached to such request, the person will itemize the following matters:
(1) 
What steps he will take to provide adequate highway and parking facilities for the contemplated amusement area.
(2) 
What steps he will take to provide adequate water supply and drainage for the contemplated amusement area.
(3) 
What steps he will take to provide sanitary and sewage facilities for the contemplated area.
(4) 
A general statement as to what the amusement area will contain.
(5) 
What provisions will be made for supervision of areas within the amusement area contemplated to be used by minors.
(6) 
What provision will be made for fire protection and prevention.
D. 
Separately attached to such request, a person will provide a preliminary plan or map, to scale, which map will accurately reflect the matters contained under Subsection C of this section.
E. 
Any payment made upon application shall not be prorated or refunded, whether the application is approved or disapproved.
[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.