[HISTORY: Adopted by the Township Committee of the Township of Pemberton 3-5-1975
as Section 19:1 of Ch. XIX of the General Ordinances. Sections 68-2, 68-3
and 68-11 amended and § 68-4B added at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
A.
AMUSEMENT PARK
LICENSEE
Definitions. For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meaning given herein:
Any outdoor place where any or some of the following facilities and
devices for entertainment are maintained and for which an admission charge
is made: swimming pools, bathing beaches, skating rinks, locker rooms, restaurants,
bowling alleys and children's entertainment rides.
A person having a township license in full force and effect issued
hereunder for an amusement park.
B.
Word usage. When not inconsistent with the context, words
in the plural number include the singular number and words in the singular
number include the plural number. The word "shall" is always mandatory and
not merely directory.
No person shall construct, operate or maintain an amusement park within
the township without first obtaining a license as hereinafter provided from
the Township Clerk, upon approval of the Township Committee.
The enforcement officials designated to enforce the provisions of this
chapter shall be the Police Department, the Township Administrator and the
Code Enforcement Officer of the Township of Pemberton.
A.
Applications for licenses issued hereunder shall be made
upon blank forms prepared and made available by the Township Clerk and shall
state:
(1)
Identification. The name, home address and proposed business
address of the applicant.
(2)
Amusement facility distribution. The number and types
of amusement facilities or devices which the amusement park is planned to
accommodate.
(3)
Hours. The hours of operation for said amusement parks.
(4)
Employees. The names, addresses and number of employees
and attendants.
(5)
Other. Such other information as the Township Clerk shall
find reasonably necessary to effectuate the purpose of this chapter and to
arrive at a fair determination of whether the terms of this chapter have been
complied with.
C.
Plat or drawing. An application hereunder shall be accompanied
by a plat or drawing of said amusement park showing: its location and size;
location and size of entrances and exits; location of all roadways or driveways;
location, size, description and construction of all structures; description
and location of all facilities and devices for entertainment; and location,
size and construction of walls, fences or barriers surrounding said premises.
An application hereunder shall be accompanied by an application fee
of $50.
Every application for a license hereunder shall be accompanied by a
bond, approved as to form by the Township Attorney, executed by a bonding
or surety company authorized to do business in the State of New Jersey, in
the penal sum of $500,000, conditioned upon the payment by the licensee of
any and all final judgments for injuries or damages resulting to persons or
property arising out of the operation or maintenance of any amusement park.
Such bond shall run to the township for the benefit of any person who may
receive injuries and for the benefit of any person who may claim redress for
property damage resulting from the operation or maintenance of such amusement
park. Such bond shall remain in full force and effect for the full period
of time for which the license is effective. A liability insurance policy issued
by an insurance company authorized to do business in the State of New Jersey
and providing for a minimum comprehensive general liability coverage for bodily
injuries in the amount of $300,000 for each accident and $100,000 for each
person, and minimum comprehensive general liability for property damage in
the amount of $25,000 per accident, may be permitted in lieu of a bond.
Within 10 days after receipt of an application as provided for herein,
the Township Clerk shall cause an investigation to be made of the applicant
and his proposed amusement park operation.
The Township Clerk shall issue a license hereunder when he finds:
A.
Moral character. That the applicant and all employees
and attendants are of good moral character and capable of operating the proposed
business in a manner consistent with the public safety and good morals.
B.
Bond. That the bond or insurance policy, as required
by this chapter, has been procured.
C.
Compliance. That the requirements of this chapter and
of all other governing laws and ordinances have been met.
A license shall be issued to a successful applicant hereunder after
payment to the Township Clerk of a license fee of $400. The license fee for
an open-air bathing or public swimming pool, park or club shall be $200 per
year on the yearly anniversary of the date of issuance, provided the applicant
has complied with this chapter and other governing laws and ordinances.
A licensee hereunder shall comply with the following requirements and
standards of operation:
A.
Conduct and operation.
(1)
Quiet and good order. The licensee shall maintain quiet
and good order upon the premises consistent with the activities conducted
thereon where the amusement park is operated, and loitering shall not be permitted
in or about the entrances to or exits from the amusement park. No alcoholic
beverages shall be served or consumed on the premises.
(2)
Hours of operation. The licensee shall not conduct any
amusements, facilities or devices for entertainment or remain open to the
public after 11:00 p.m., prevailing time, in the evening or prior to 9:00
a.m., prevailing time, in the mornings, except bowling alleys, restaurants
and skating rinks may remain open until 12:00 midnight.
(3)
Parking facilities. The licensee shall establish and
maintain plainly marked and clearly designated parking areas on the premises
for persons using and operating the amusement park.
B.
Standards for maintenance of premises.
(1)
Attendants. At all times when the amusement park is opened
to the public, the licensee shall provide an adequate number of qualified
attendants on duty at all times, who shall patrol the exits, entrances, beaches,
parking areas and facilities for entertainment or amusement to see that order
is maintained, that disorderly or immoral conduct is prevented, that the entrances
and exits are kept free from congestion and that this chapter and all other
governing ordinances, rules and regulations pertaining to amusement parks
are observed. Qualified lifeguards shall be on duty at all times while bathing
beaches are open to the public.
(2)
Access. The licensee shall provide access available to
public streets or other public ways from at least two points at all times.
Such means of access shall be kept clear by the licensee at all times to facilitate
departure of persons in vehicles and to permit entrance of fire apparatus
or ambulances in case of emergency.
(3)
Paving or treatment. All drives and areas used by vehicles
must be satisfactorily paved by the licensee or treated to avoid creating
dust.
(4)
Fire extinguishing equipment. Fire extinguishing equipment
shall be furnished by the licensee in such amount and in such locations as
may be directed by the Township Fire Marshal. Said equipment shall be open
to inspection by the Township Fire Marshal at all reasonable hours.
(5)
Sanitary facilities. Adequate and proper sanitary facilities
approved by the Township Board of Health shall be provided by the licensee.
(6)
Noise. No central loudspeaker shall be permitted by the
licensee. All outdoor entertainment devices and facilities shall be conducted
without disturbing music or other unnecessary noise. Licensee will conduct
the entire premises in such a manner as to prevent annoyance and other disturbances
to adjoining property owners and to prevent his amusement park from becoming
a nuisance.
(7)
Premises free from refuse. No person shall place, throw
or deposit any food, beverage, paper, bottle or other waste materials upon
the premises of any amusement park, nor shall licensee permit such conduct.
The Township Administrator shall have the authority to revoke or suspend
a license issued hereunder, pending final approval of the Township Committee,
when he finds:
