[HISTORY: Adopted by the Board of Trustees of the Village
of Medina 12-14-1971. Amendments noted where applicable.]
[Added 9-25-1990 by L.L. No. 8-1990]
As used in this chapter, the following terms shall have the
meanings indicated:
Any temporary or traveling shows or exhibits held in any
building, tent, enclosure or on any lot where the following forms
of amusement or entertainment are or may be conducted riding devices,
such as Ferris wheels, merry-go-rounds, carousels, whips, roller coasters
or similar devices; illusion shows; animal acts; trapeze acts; feats
of daring; clowns; mechanical shows; freak shows; sideshows; funhouses
or active games of skill, such as ball-throwing games, pitch-till-you-win
games, swinging-ball games, hoop-throwing games or games of like character.
Any march, ceremony, show, exhibition, pageant or procession
of any kind or any similar display in or upon any street, park or
other public place in the Village.
No person, firm or corporation shall operate or conduct any
circus, street show or carnival or any parade in connection therewith
and no such person, firm or corporation shall erect or cause to be
erected any temporary structure composed wholly or partly of canvas
or similar material within the Village of Medina for use in any such
circus, street show or carnival in which there is a seating capacity
for more than 30 people without first obtaining a permit therefor
from the Code Enforcement Officer as hereinafter provided.
Any person, firm or corporation desiring to procure such a permit
shall file with the Code Enforcement Officer a written application
therefor, in duplicate, at least 10 days prior to the opening of such
circus, street show or carnival. Such application shall state, among
other things:
A.
The name and address of the applicant.
B.
The location of the principal place of business of such person, firm
or corporation.
C.
The names and addresses of the officers of such firm or corporation.
D.
The length of time the circus, street show or carnival is to be maintained
within the Village and the location requested to be used therefor
and the hours of the day or night during which such circus, street
show or carnival is to be opened to the public.
E.
Illustrate compliance with the Fire Code of New York State.
A.
The applicant shall furnish evidence that a public liability insurance
policy in amounts of not less than $1,000,000 for one person and $1,000,000
for any one accident shall be in force and effect at the time any
such structure is to be occupied as a place of assembly by the public
and likewise covering all rides and other exhibitions and activities
in any such circus, street show or carnival.
[Amended 9-25-1990 by L.L. No. 8-1990]
B.
The applicant shall also deposit with the Village Clerk the sum of
$500, conditioned upon saving harmless the Village of Medina from
any and all liabilities or causes of action which might arise by virtue
of the granting of a permit to the applicant and conditioned further
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 or public property
by such applicant. Such cash shall be returned to the applicant upon
certification by the Chief of Police that all conditions of this chapter
have been complied with.
[Amended 9-25-1990 by L.L. No. 8-1990[1]]
The applicant shall pay to the Village Clerk the following fee
or fees as established from time to time by the Board of Trustees:[2]
A duplicate of any such application shall be delivered to the
Code Enforcement Officer of the Village, who shall determine, with
the assistance of the Orleans County Health Department whenever so
requested, if the applicant has made provision in any structure in
which the public is invited for:
A.
Adequate aisles, seats, platforms and poles.
B.
Sufficient exits, well marked and properly lighted.
C.
Lighted and unobstructed passageways to areas leading away from the
structure.
D.
Removal, before the structure is to be used as a place of public
assembly, of any pole, rope or other obstruction in any aisle or exit.
E.
Proper safeguarding of any use of open flame or its use prohibited.
F.
The clearing of straw, dry grass, sawdust and any combustible trash
from the structure before it is opened to the public and arrangements
made to keep the areas where debris may be expected to accumulate
well serviced, especially under open seats.
G.
Adequate fire lanes between and among the structures which shall
comply with the Fire Code of New York State.
If the approval of the Code Enforcement Officer is secured,
and upon the payment of the above-mentioned fee, the Code Enforcement
Officer shall issue the requested permit.
If the Code Enforcement Officer determines that any structure
or the premises on which such circus, street show or carnival is located
is being maintained in violation of any of the provisions of this
chapter or the Fire Code of New York State or in such a manner to
constitute a fire hazard, he may summarily revoke the permit.
[Amended 9-25-1990 by L.L. No. 8-1990[1]]
None of the restrictions contained in this chapter in respect
to fees shall apply, however, to any municipal department or organization
or any charitable, religious, educational, civic or fraternal organization,
except that there shall be a flat fee, as established from time to
time by the Board of Trustees, for a permit under such circumstances.[2]
[Amended 9-25-1990 by L.L. No. 8-1990[1]]
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine of
not less than $125 and not exceeding $250 or by imprisonment for a
term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
