[HISTORY: Adopted by the Borough Council of the Borough of Spotswood 12-19-2005 by Ord. No. 2005-11. Amendments noted where applicable.]
It shall be unlawful for any person to produce or exhibit any circus or carnival or similar public exhibition in the Borough of Spotswood without having first obtained a permit therefor from the Clerk of the Borough, who shall only issue a permit after the same has been approved by the Borough Council.
An application shall be submitted to the Borough Clerk 120 days prior to the commencement of the event along with a fee of $50, setting forth the proposed number of days; hours of operation; whether said event will comply with the requirements of Chapter 137, Noise; the nature of any exhibits; the type and nature of any food concessions; the proposed method of cleanup; the proposed layout of the exhibits on a sketch or plot plan; the proposed methods of screening the area from adjacent properties; the location, intensity and direction of all outdoor lighting; the anticipated noise levels; and a general statement as to the purpose for which the event is to be held. Accompanying the application shall be a certificate of liability insurance in a minimum amount of $1,000,000 for the protection of the general public. The Borough Clerk shall submit the application to the Chief of Police, who shall determine the number of police required to regulate traffic and security control, ingress and egress and fire protection standards.
The Borough Clerk shall advise an applicant 90 days prior to the date upon which the event is scheduled to be held of a date when a public hearing will be held by the Borough Council. The applicant shall serve written notice either personally or by certified mail, return receipt requested, upon all residents and property owners within 200 feet of the property in question and shall publish notice in the newspaper circulating within the municipality at least 10 days in advance of the date on which the Borough Council is scheduled to hold said hearing.
The applicant shall file security in the form of cash, bond or letter of credit in an amount of $500 at the time that the application is filed, which security shall be returned by the Borough Clerk if the premises are restored to their prior condition, as determined by the Department of Health; in the event the premises are not so restored within three days of the conclusion of the event, excluding inclement weather not conductive to outdoor cleanup, the Borough of Spotswood may use as much of the security as is necessary to restore the premises to its condition prior to the event.
No circus, carnival or similar public exhibition shall be permitted in a residential zone, other than in connection with a school function located on school grounds.
Any person found violating the provisions of this chapter shall pay a fine not to exceed $1,250, in accordance with law, in addition to the fees and security required hereunder. Each day of a continuing violation shall be deemed a separate violation.