[HISTORY: Adopted by the North Hempstead Town Board 6-12-1951. Amendments
noted where applicable.]
No person or persons, corporations or associations shall, except as
herein otherwise provided, exhibit or show or cause or permit to be exhibited,
any show, exhibition, circus, carnival, rodeo, pony track, contest game, artificial
curiosity or public amusement for a period not exceeding thirty (30) days,
without first obtaining a license therefor according to the provisions of
this ordinance. Nothing herein contained shall prevent the conducting or require
the licensing of a fair, carnival or similar exhibition or entertainment for
a period not exceeding thirty (30) days, which may be attended by the public,
when directly under the control and supervision and conducted by volunteer
or paid members or employees of any religious, fraternal, educational or other
nonprofit institution, organization or association.
Before the granting of a license by the Town Clerk of the Town of North
Hempstead for a period not exceeding thirty (30) days, the premises where
a show, exhibition, circus, carnival or other exhibit is to be held, shall
be inspected by the Police Department of Nassau County, the Health Department
of Nassau County, the Fire Marshal of Nassau County and the Building Inspector
of the Town of North Hempstead. The written consents of the owner of the premises
proposed to be used by the applicant, the Police Department of Nassau County,
the Health Department of Nassau County, the Fire Marshal of Nassau County
and the Building Inspector of the Town of North Hempstead shall be filed with
the application in the office of the Town Clerk of the Town of North Hempstead,
unless otherwise waived by order of the Town Board.
No show, exhibition, circus, carnival or other exhibit shall travel
through the streets of the Town of North Hempstead in going to and from the
place where such show, exhibition, circus, carnival or other exhibit is to
be held except upon a route to be designated and approved by the Police Department
of Nassau County.
[Amended 12-16-1958]
The applicant shall furnish a public liability insurance policy saving
the Town of North Hempstead harmless from any liability or causes of action
which might arise by virtue of granting a license to an applicant in amounts
of not less than one hundred thousand dollars ($100,000.) for injuries including
wrongful death to any person and subject to the same limit for each person
in an amount not less than five hundred thousand dollars ($500,000.) on account
of one (1) accident; and property damage insurance in an amount not less than
fifty thousand dollars ($50,000.) on account of any one (1) accident, and
in an amount not less than one hundred thousand dollars ($100,000.) on account
of all accidents.
The applicant shall also deposit a surety company bond or certified
check in the sum of five hundred dollars ($500.) conditioned that no damage
will be done to the streets, sewers, trees or adjoining property, 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 Building Inspector
and the Superintendent of Highways of the Town of North Hempstead that all
conditions of this ordinance have been complied with.
No person or persons, corporations or associations shall permit any
performance of a show, exhibition, circus, carnival or other exhibit to be
conducted on Sunday or any weekday after 12:00 midnight.
No person or persons, corporations or associations shall permit any
dismantling or removing of the equipment of a show, exhibition, circus, carnival
or other exhibit to be conducted on Sunday or any weekday after 12:00 midnight
or before 7:00 a.m.
It shall be unlawful for any person or persons, corporations or associations
to permit any show, exhibition, circus, carnival or other exhibit to make
any unnecessary or unreasonable noise by means of loudspeakers, power amplifying
devices or any other means which would create a public nuisance.
Any application to conduct any show, exhibition, circus, carnival or
other exhibit for a period longer than thirty (30) days, which may be approved
by the Zoning Board of Appeals of the Town of North Hempstead, shall also
be subject to the provisions of this ordinance.
The fee for such license shall be one hundred dollars ($100.) for each
calendar month or part thereof. Each location must be separately licensed.
Except as otherwise provided, any person or persons, corporations or
associations violating any sections of this ordinance, shall be liable to
a penalty for each violation thereof, of a fine not exceeding one hundred
dollars ($100.) for each day's violation thereof. In addition thereto, it
is ordained that a violation thereof shall constitute disorderly conduct and
that the person violating the same shall be and is hereby declared a disorderly
person.
This ordinance shall take effect immediately.
