§ 98-1Definitions; word usage.
§ 98-2License required.
§ 98-3Application for license; fees; exceptions.
§ 98-4Expiration of license; extensions.
§ 98-5Suspension or revocation of license.
§ 98-7Violations and penalties.
In this chapter, the following terms shall have the meanings indicated:
- Includes any natural person, partnership, association, firm or corporation.
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
No person shall operate or install or conduct, at any place in the Borough of Duncannon, any circus, carnival or merry-go-round or other amusement ride without first having obtained a license from the Borough Manager, as herein required, and except under all the terms and conditions of this chapter pertaining thereto.
Application for the license hereby required shall be made to the Borough Council through the Borough Manager, and the authority is hereby delegated to the Borough Manager, before granting any such license, to cause an investigation to be made of the proposed circus, carnival or amusement ride, and the Manager may refuse to grant such license if he shall deem such refusal to be in the interest of the health, safety, welfare or morals of the Borough and the inhabitants thereof. If the Manager shall see fit to grant such license, the applicant therefor shall pay to the Manager, for the use of the Borough, the following fees:
Provided: No license shall be required and no fee shall be charged for any merry-go-round or other amusement ride operated in connection with or as part of any licensed carnival. Provided further: The Borough Council may authorize waiver of the license fee in the case of any circus, carnival or merry-go-round or other amusement ride held, conducted or operated for the sole benefit of any charitable, community betterment, educational or religious organization or corporation.
It shall be unlawful for any person to conduct, hold or operate any circus, carnival or merry-go-round or other amusement ride after the license therefor, issued hereunder, shall have expired, unless such person shall have applied for, shall have paid the applicable fee, and shall have been issued a license for such extended period of operation.
The Mayor shall have authority to suspend or revoke any license issued under this chapter when he shall deem such suspension or revocation to be in the interest of the health, safety, welfare or morals of the Borough and the inhabitants thereof. In case of revocation, no part of any license fee required hereunder shall be refunded.
Appeal from any refusal by the Manager to issue a license hereunder and from any suspension or revocation by the Mayor of any such license may be made to the Borough Council within 10 days after such refusal or revocation, as the case may be.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not less than $25 nor more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.