Town of Webb, NY
Herkimer County
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[HISTORY: Adopted by the Town Board of the Town of Webb 7-19-1934 by Ord. No. 2; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
This chapter shall be known as "Circuses, Carnivals and Parades."
As used in this chapter, the following terms shall have the meanings indicated:
CIRCUSES, STREET SHOWS and FESTIVALS
Any temporary or traveling shows or exhibits held in any building, tent, enclosure or on any lot where the following forms of amusement or entertainment are or may be conducted: riding devices such as Ferris wheels, merry-go-rounds, carousels, whips, roller coasters or similar devices, illusion shows, animal acts, trapeze acts, feats of daring, clowns, mechanical shows, freak shows, sideshows, fun houses or active games of skill such as ball-throwing games, pitch-till-you-win games, swinging-ball games, hoop-throwing games or games of like character.
PARADE
Any march, ceremony, show, exhibition, pageant or procession of any kind or any similar display in or upon any street, park or other public place in the Town.
No person, firm or corporation shall operate or conduct any circus, street show or carnival or any parade and no such person, firm or corporation shall erect or cause to be erected any temporary structure composed wholly or partly of canvas or similar material within the Town of Webb for use in any such circus, street show or carnival in which there is a seating capacity for more than 30 people without first obtaining a permit therefor from the Town Clerk as herein provided.
Any person, firm or corporation desiring to procure such a permit shall file with the Town Clerk a written application therefor, in duplicate, at least 10 days prior to the opening of such parade, circus, street show or carnival. Such application shall state, among other things:
A. 
The name and address of the applicant.
B. 
The location of the principal place of business of such person, firm or corporation.
C. 
The names and addresses of the officers of such firm or corporation.
D. 
The length of time the parade, circus, street show or carnival is to be maintained within the Town and the location requested to be used therefor and the hours of the day or night during which such circus, street show or carnival is to be opened to the public.
E. 
Whether any open flame is intended to be used within any tents or structures and, if so, what precautions are to be taken to render it safe.
F. 
The location of all electrical controls.
G. 
The location of all exits within the structures above defined and the type of construction and structural details of the seats and supports.
H. 
The formula of the solution which has been used to flameproof the structures above defined or the name of the concern which has provided such flameproofing and a sworn statement to the effect that such structure has been flameproofed.
I. 
That fire lanes at least 15 feet wide will be provided between and among the structures at such point or places as the Chief of the Old Forge Fire Department, Inc., Town of Webb Fire District 1, shall designate.
The applicant shall furnish evidence that a public liability insurance policy in amounts of not less than $1,000,000 for one person and $1,000,000 for any one accident shall be in force and effect at the time any such structure is to be occupied as a place of assembly by the public and likewise covering all rides and other exhibitions and activities in any such circus, street show or carnival.
The applicant shall pay to the Town Clerk fees as set forth from time to time by resolution of the Town Board.
A duplicate of any such application shall be delivered to the Chief of the Old Forge Fire Department, Inc., Town of Webb Fire District 1, who shall determine, with the assistance of the Town of Webb Code Enforcement Officer, whenever so requested, if the applicant has made provision in any structure in which the public is invited for:
A. 
Adequate aisles, seats, platforms and poles.
B. 
Sufficient exits, well-marked and properly lighted.
C. 
Lighted and unobstructed passageways to areas leading away from the structure.
D. 
Removal, before the structure is to be used as a place of public assembly, of any pole, rope or other obstruction in any aisle or exit.
E. 
Proper safeguarding of any use of open flame or its use prohibited.
F. 
The clearing of straw, dry grass, sawdust and any combustible trash from the structure before it is opened to the public and arrangements made to keep the areas where debris may be expected to accumulate well-serviced, especially under open seats.
G. 
Adequate fire lanes between and among the structures which shall be at least 15 feet wide and shall be located at such point or places as said Fire Chief shall designate.
If the approval of the Fire Chief is secured, the Town Clerk shall, upon the payment of the above-mentioned fee, issue a permit for the purpose requested.
If the Fire Chief determines that any structure or the premises on which such circus, street show or carnival is located is being maintained in violation of any of the provisions of this chapter or in such a manner to constitute a fire hazard, he or she may summarily revoke the permit.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.