[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 8-18-1959 by Ord. No. 698 (Ch. 60 of the 1974 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 110.
The provisions of this chapter shall apply to
all circuses and carnivals and all mobile ride devices.
A.
It shall be unlawful to conduct or operate any circuses,
carnivals and any mobile ride devices which are open to the public
and for which an admittance fee is charged without having first secured
a license therefor, provided that the provisions of this section shall
not be held to apply to any mobile rides which are permitted by any
other ordinance of the Borough of Totowa.
[Amended 8-1-1961 by Ord. No. 761]
No license shall be granted or given for any
carnivals, circuses or mobile rides unless:
A.
Public liability policies are posted with the Borough
prior to the operation of any circus, carnival or mobile ride device
for the satisfaction of all claims for damages by reason of bodily
injury to or the death of any one person and of all claims for damages
by reason of bodily injury to or the death of all persons resulting
from an accident. Such liability policies shall be in an amount of
not less than the following:
[Amended 11-12-1974 by Ord. No. 1027]
B.
The Fire Chief of the Borough of Totowa is satisfied
with the type of tent to be erected for the purpose of any show, carnival
or circus, as to the firesafety provisions.
C.
The Police Department of the Borough of Totowa is
satisfied that any mobile ride shall not interfere with traffic or
make traffic more hazardous in a particular location where the ride
is located, or the location of any carnival or circus.
[Amended 11-12-1974 by Ord. No. 1027]
It shall be unlawful to operate or permit the
operation of a circus, carnival or mobile ride between the hours of
11:00 p.m. and 9:00 a.m. of any day of any week.
A.
The audience of any circus, carnival or mobile ride
shall be orderly and quiet at all times; it shall be unlawful for
any person attending such show or mobile ride to create a disturbance.
B.
It shall be unlawful to permit or gather such a crowd
to witness any carnival or circus or mobile ride as to create a dangerous
condition as to fire or other risks.
A.
It shall be unlawful to smoke or carry a lighted cigarette,
cigar or pipe on or beneath the stage, dressing room or assembly hall
seating accommodations for carnivals or circuses.
B.
It shall be the duty of the owner of such premises
or of the occupant in charge to provide and place printed signs on
which the words "NO SMOKING" shall appear in letters at least four
inches high in conspicuous places.
It shall be the duty of the owners, operators
or occupant in charge of a carnival or circus to provide signs upon
which the word "EXIT" shall appear in letters at least six inches
high over every door and exit, and a light shall be provided over
such signs during the entire period the circus and carnival shall
maintain an audience.
It shall be the duty of the owners, operators
or occupant of the carnival or circus to provide adequate policing
supervision, adequate supervision of traffic control and meet the
requirements for those purposes of the Mayor and Council of the Borough
of Totowa.
[Amended 11-12-1974 by Ord. No. 1027]
Upon application, the Mayor and Council may
waive the license fee where carnivals, circuses or mobile ride devices
are being utilized for a local charitable or nonprofit organization
for a charitable or nonprofit purpose. However, all other requirements
of this chapter must be abided by.
The privileges conferred by a license issued
for mobile ride devices shall not extend to permitting any mobile
ride devices to operate on any public thoroughfare in the Borough
of Totowa on a Sunday; however, this will in no way inhibit their
operation on any private property where there may be a picnic or fair
permitted on Sunday.
