[Ord. 856, 2/7/1979, Ch. 6, Art. A; as revised by Ord. 1004,
7/6/1994]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any device that carries or conveys passengers along, around
or over a fixed or restricted route or course or within a defined
area for the purpose of giving its passengers amusement, pleasure,
thrills or excitement, including but not limited to, merry-go-rounds,
Ferris wheels, roller coasters, which may be permanently or temporarily
installed or used in the Borough of Quakertown.
An itinerant enterprise consisting principally of temporary
amusement structures and/or mechanical rides.
Any natural person, partnership, firm or corporation.
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In this Part, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
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[Ord. 856, 2/7/1979, Ch. 6, Art. A; as revised by Ord. 1004,
7/6/1994]
1.
It shall be unlawful for any person to hold or conduct any circus
or carnival, at any location within the Borough of Quakertown, or
to operate any amusement ride therein, without first having obtained
a permit therefor from the Manager, for which a fee for the use of
the Borough, shall be paid as established pursuant to resolution of
the Borough Council, provided that no separate permit shall be required
for any amusement ride that shall be a part of any carnival that shall
be authorized under this Part.
2.
At the discretion of the Borough Council the permit fee may be remitted
in the case of a circus or carnival the proceeds of which are applied
to purely charitable uses or in the case the application for such
permit shall have been made by and on behalf of any organization connected
with the municipal government or with any public school district.
[Ord. 856, 2/7/1979, Ch. 6, Art. A; as revised by Ord. 1004,
7/6/1994]
The Manager shall refuse to grant a permit in any case where
the owner of such circus or carnival, or the operator of any amusement
ride, as the case may be, fails or refuses to present 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 that same Act. If any permit shall be denied, an appeal from such
denial, may be made by the applicant or by the person to whom such
permit had been issued, as the case may be, to the Borough Council,
within 10 days of rejection, but no portion of a permit fee shall
be refunded in case of suspension or revocation. Such hearing shall
be conducted within 30 days of the appeal and a decision rendered
by the Borough Council.
[Ord. 856, 2/7/1979, Ch. 6, Art. A; as revised by Ord. 1004,
7/6/1994]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 and costs, and in default of payment, to
imprisonment for a term not to exceed 30 days. Everyday that a violation
of this Part continues shall constitute a separate offense.
