[HISTORY: Adopted by the Borough Council of the Borough of Lehighton as Ch. 63 of the 1975 Code. Section 75-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
No person shall exhibit, show, conduct or operate at any place within the Borough of Lehighton or cause or permit to be exhibited, shown, conducted or operated at any place within the borough, which place is owned, leased, managed or controlled by him, any circus or carnival or any merry-go-round, Ferris wheel, airplane ride or any other type of mechanical ride unless the same shall have been licensed according to the provisions of this chapter.
No license shall be issued under this chapter until permission has first been granted by the Borough Council and until the license fee, as prescribed in this chapter, has been paid and any cash bond has been paid and/or evidence of public liability insurance has been submitted as required by this chapter.
Before the Borough Council shall grant permission, as provided in § 75-3, the premises where a circus or carnival is proposed to be held or any type of mechanical ride is proposed to be installed shall be inspected by the Police Chief, the Health Officer and the Fire Chief of the borough in order to ascertain whether such premises are suitable for the purpose and free from dangerous or hazardous features. The Council may cause other investigations or inspections to be made in order to secure the facts needed by it in determining whether or not the permission shall be granted.
The Council may deny such permission on account of the existence of any unsanitary, hazardous or dangerous condition or because the location is deemed by it to be unsuitable on account of the creation of a traffic hazard, the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto or a specific threat to the health or safety of the performers or persons in attendence.
In every case, the Council, in granting such permission, shall state the type of entertainment authorized and the time for which permission is to remain in effect. Such permission may be granted conditionally, dependent upon the taking of stipulated action by the holder of the license in order to meet standards of sanitation and safety.
Every person applying for a license for a circus or carnival shall deposit with the Borough Treasurer a cash bond in the sum of $1,000 conditioned for the faithful observance of the provisions of this chapter and saving harmless the Borough of Lehighton from any and all liabilites and causes of action which might arise by virtue of the granting of such license by the borough, and conditioned further that no damage will be done to any of the streets or sewers of the borough and that no dirt, paper, litter or other debris will be permitted to remain upon the streets or any private property by such licensee. Such bond will be returned to the licensee upon certification by the Borough Manager and the Chief of Police that all conditions of this chapter have been complied with and that the property and streets where such circus or carnival has been held have been placed in a neat condition and all debris has been removed.
Every application for a license for a circus or carnival shall, before such license is granted, furnish the Borough Manager with evidence that a public liability insurance policy in amounts of not less than two $200,000 for one person and $1,000,000 for any one accident shall be in force and effect at the time such circus or carnival is to operate in the borough. Such policy shall be subject to the approval of the Borough Solicitor.
Any person having obtained permission from the Borough Council, as provided in this chapter, and desiring to procure a license under this chapter shall pay to the Borough Manager, for the use of the borough, the license fee of $25.
Upon payment of such fee and the furnishing of evidence of having paid the cash bond and obtained the public liability insurance policy as required herein, such person shall be granted a license by the Borough Manager. Such license shall state the type of entertainment authorized and the time for which such license shall be granted. No person who shall be granted a license under this chapter shall operate or conduct thereunder any type of entertainment or device other than that specified therein or shall continue to operate or conduct any type of entertainment or device beyond the period for which such license shall have been granted. A separate license shall be required for each place within the limits of the borough where any such entertainment is maintained.
After any license shall be granted under this chapter, and before any circus or carnival shall be held or amusement ride operated thereunder, the Mayor shall cause the proper borough officers to inspect the premises and all installations made therein in order to determine whether all dangerous, hazardous and unsanitary features have been eliminated and whether all conditions contained in the permission of the Council have been met. The holder of such license shall cause all such conditions to be met before beginning to hold such circus or carnival or to operate any amusement ride, and he shall maintain the premises and installations in proper condition for the duration of the license.
No person granted a license under this chapter shall permit any disorderly or immoral conduct upon the premises for which such license shall have been granted, nor shall any such person permit any gambling, any sale of obscene literature or any indecent, immoral or lewd act or performance upon such premises.
The Mayor is hereby authorized to revoke any license granted under this chapter in case of failure to maintain proper standards of safety and sanitation and in case of the licensee's permitting any gambling, sale of obscene literature or any indecent, immoral or lewd act or performance. In case of revocation of any license as herein provided, no portion of such license shall be returned to the holder of such license.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before any District Justice, be subject to a fine of not less than $10 nor more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.