[Ord. 459, 6/8/1987, § 1]
This Part 3 shall be known and may be cited as the "Warminster
Township Carnival Ordinance."
[Ord. 459, 6/8/1987, § 2; as amended by Ord. 578,
6/13/2002, § 1]
The following words and phrases, as used in this Part 3, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning. The masculine includes the feminine, the singular includes the plural, and the plural includes the singular.
Entertainment with rides, games, shows and contests and shall
include circuses, fairs, and other similar events.
The Director of the Department of Licenses and Inspections
of the Township of Warminster.
[Amended by Ord. 737, 1/19/2017]
The individual responsible for the general managerial operations
of a carnival while in Warminster Township, and shall be the person
having authority to act by and on behalf of the ownership entity of
the carnival.
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
The Township of Warminster.
[Ord. 459, 6/8/1987, § 3; as amended by Ord. 578,
6/13/2002, § 1]
1.
No person shall conduct or operate a carnival within the Township
of Warminster without first obtaining a permit.
2.
The permit shall be issued to the operator by the Director upon satisfaction of the requirements set forth in § 13-304 herein.
3.
Application for the permit shall be made by the operator prior to
the erection, construction, staging, or setting up of any tents, bleachers,
amusements, or other facilities to be used in the conduct and operation
of the carnival.
4.
The permit shall be valid for a period of time not to exceed 14 consecutive
days, or three consecutive weekend periods of Friday through Sunday,
following the first day of the carnival being open to the public.
5.
No permit shall be issued for the holding of a carnival in any Township
park unless the applicant obtains written permission from the Director
of the Department of Parks and Recreation.
[Amended by Ord. 737, 1/19/2017]
[Ord. 459, 6/8/1987, § 4; as amended by Ord. 578,
6/13/2002, § 1]
The Director shall issue the permit upon satisfaction of the
following requirements:
A.
Completion and signature of an application by the operator on a form
furnished by the Township. The application form shall set forth and
require the following information: full name, address and telephone
number of the ownership entity; name of the operator; location, dates
and hours of operation of the carnival while in the Township; name,
address and telephone number of the local sponsor, if any; name, address
and telephone number of the owner of the grounds upon which the carnival
is to be located.
C.
Documentation, signed by or on behalf of the owner of the property
on which the carnival is to be held, setting forth the right to use
the property for a carnival and the dates of permitted use.
D.
A certificate of insurance indicating that general comprehensive
public liability insurance coverage shall be in effect during all
times that the carnival is open to the public. The insurance policy
or policies shall be in an amount of at least $5,000,000 combined
single-limit and shall be, and remain, in full force and effect and
insure against risks which occur on the dates of operation of the
carnival and shall not be cancelable without at least 10 days' prior
written notice to the Township and shall name the Township, its individual
public officials, officers, administrators, staff and employees as
additional insured.
[Amended by Ord. 737, 1/19/2017]
E.
A written plan of emergency procedures to be taken by carnival personnel
in the event of an emergency.
G.
An official inspection affidavit prepared by a qualified inspector
in accordance with the Amusement Ride Inspection Act, 4 P.S. § 407,
and the regulations of the Amusement Ride Safety Board, 7 Pa. Code
§ 139.1 et seq., along with a certificate of insurance as
required by § 414 of the Amusement Ride Inspection Act,
4 P.S. § 414.
[Ord. 459, 6/8/1987, § 5; as amended by Ord. 578,
6/13/2002, § 1]
1.
At all times during the conduct and operation of the carnival, the
operator shall comply with all applicable sections of the most recent
ICC International Code Council Building Code, Fire Prevention Code,
NFPA 1; all federal, state and local statutes and ordinances; and
all generally recognized and recommend standards of safety applicable
to carnivals and gathering crowds.
[Amended by Ord. 737, 1/19/2017]
2.
At all times during the conduct and operation of the carnival, the
operator shall properly and adequately police and patrol the carnival
and shall provide for adequate crowd control and automobile traffic
control.
3.
No portion of any carnival shall be located within 200 feet of the
nearest residential dwelling unit property line. This restriction
shall not apply to the patron automobile parking area.
4.
No portion of any carnival, including the patron automobile parking
area, shall protrude beyond any highway right-of-way line, unless
automobile parking is otherwise permitted within the highway right-of-way
line, in which case patron automobile parking shall be permitted in
the area, unless otherwise restricted by the Township or its Police
Department.
[Ord. 459, 6/8/1987, § 6; as amended by Ord. 578,
6/13/2002, § 1]
The fee for issuance of the permit shall be as established from
time to time by resolution of the Board of Supervisors. The permit
fee shall be paid by money order or certified check.
[Ord. 459, 6/8/1987, § 7; as amended by Ord. 578,
6/13/2002, § 1]
1.
The Director or his authorized representative shall administer and enforce the provisions of this Part 3. Any person, firm or corporation who shall violate any provision of this Part 3, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 3 continues or each section of this Part 3 which shall be found to have been violated shall constitute a separate offense.
2.
Nothing herein shall limit or prevent the Township from seeking such
other relief as may be appropriate, including the obtaining of a restraining
order or injunction by any court of competent jurisdiction.
