[HISTORY: Adopted by the Township Committee of the Township of Morris as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-4-1929 by Ord. No. 8-29 (Ch. 44, Art. I, of the 1969 Code)]
No person or corporation shall, for any price, gain or reward, exhibit or cause to be exhibited in the Township of Morris any traveling or other show, circus or menagerie, or give or have, or cause to be given or had, any theatrical or variety performance or play, concert or other entertainment, or have or make, or cause to be had or made, any exhibition of whatsoever nature, or maintain or conduct, or cause to be maintained or conducted, any theater, opera house, music hall or other place of public entertainment, without first obtaining a license therefor, to be granted by the Township Committee as herein prescribed; provided, however, that the provisions of this article shall not apply to a concert or entertainment given for charitable or benevolent purposes.
No owner, occupant or other person or persons having the possession or care of any house, building or room or any lot of land within the Township of Morris shall suffer or permit any such traveling or other show, circus or menagerie, theatrical or variety performance or play, concert or other entertainment, or any exhibition of whatsoever nature such as mentioned in § 252-1 of this article, to be exhibited, acted, shown forth or performed for any price, gain or reward in or upon his, her or their said house, building or room or lot of lands, unless the party or parties so causing such traveling or other show, circus or menagerie, theatrical or variety performance or play, concert or other entertainment, or any exhibition of whatsoever nature, as aforesaid, shall first obtain such license in the manner herein prescribed.
[Amended 4-22-1981 by Ord. No. 17-81]
The license fees to be charged for such licenses respectively shall be as follows:
For a license for a circus with or without a menagerie: the sum of not exceeding $250 for each day.
For a license for a concert: the sum of not exceeding $50 for each concert.
For a license for a theater, opera house or music hall: the sum of $100 per year; and for a license for any other place of public entertainment: the sum of not exceeding $100 per year; and each such license for a theater, opera house, music hall or other place of public entertainment shall expire on the 31st day of December following the date of the granting of such license.
For any moving picture show or entertainment: the sum of not exceeding $25 for each day.
For any exhibition or entertainment for which the amount of the license fee is not herein specifically fixed: The fee to be charged for such license shall not exceed the sum of $25 for each such exhibition or entertainment.
[Amended 3-10-1971 by Ord. No. 7-71]
The Township Committee shall have the authority to determine the amount of any license fee within the limits aforesaid and to decide whether a license is required under the terms of the preceding section when there is doubt on the application, and also authority to grant or withhold such license. Upon the Township Committee's deciding to grant any license and upon the payment of the license fee to the Treasurer of the Township of Morris and the production of his receipt therefor to the Township Committee, there shall be given to the applicant a license, which shall state the name of the person licensed and the purpose and length of the time or number of exhibitions or entertainments for which the license is granted. The Township Committee shall also have authority to revoke any such license upon proof to its satisfaction, after reasonable notice to the person or corporation holding such license and reasonable opportunity for him or it to be heard, that such licensed person or corporation, or any person acting on his or its behalf, has given or caused to be given any exhibition of any nature whatever of an immoral nature or tendency or in violation of any law of the state or any ordinance of the Township of Morris, and after such revocation, such person or corporation shall be deemed to be not licensed and be and remain liable under this article in the same manner as if such license has never been granted.
No moving picture show shall be given at any time or any place within the said Township of Morris without the written permission first obtained from the Township Committee, in which shall be set forth the time and place at which such moving picture show may be given.
Any person or persons who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in § 1-3, General penalty, of this Code.
[Adopted 3-11-1992 by Ord. No. 7-92 (Ch. 44, Art. II, of the 1969 Code)]
No aggregation or combination of shows or exhibits traveling together from place to place commonly known as a "carnival" shall be allowed, held, produced or exhibited in whole or in part in the Township of Morris, except as hereinafter set forth. As used herein, the term "carnival" shall also include any show, exhibit or event utilizing or having amusement-type activities such as rides, games, games of chance, displays, exhibits and concessions.
Charitable and religious organizations may be given special permission by the Township Committee of the Township of Morris to hold, produce or exhibit such shows, carnivals or exhibitions, pursuant to the terms and conditions hereinafter set forth, and under such additional rules and regulations as the Township Committee may then prescribe.
Permit required. Any carnival or similar event shall not be held, conducted or advertised unless and until an application shall have been made to the governing body of the Township of Morris and a permit shall have been issued. Simultaneously with such application to the governing body of the Township of Morris, the applicant shall also provide the information hereinafter required to the Police Department of the Township of Morris.
Any charitable or religious organization wishing to hold a carnival or similar event shall submit to the governing body of the Township of Morris and the Police Department of the Township of Morris, to the attention of the Chief of Police, a fully detailed statement of the proposed event, which will include the following:
Type and number of rides.
Type and number of games.
Proposed lighting and telephone services.
Dates and times of events.
Gate entrances, location of gate entrances and exits.
Any other relevant information which will be beneficial to the Township Committee and the Police Department in assisting and assuring the safety of all residents, participants and patrons of the proposed event.
Hours of operation.
If permitted by the Township Committee of the Township of Morris, the hours of operation for any such carnival or event shall be any reasonable hour, not otherwise in conflict with any other ordinances of the Township of Morris, but in no event sooner than 10:00 a.m.
The normal hour of closing shall be 10:00 p.m. It is understood and agreed that to ensure compliance with 10:00 p.m. closing, those responsible for administering and operating the carnival shall cease the sale of tickets at 9:00 p.m., and any lines of attendance for rides or games shall be similarly closed at 9:30 p.m.
The responsible parties operating or otherwise administering the carnival or other event shall prominently post information with respect to time of closing and the related rules on the sale of tickets and closure of lines so that the same are visible to all those attending the carnival or event.
Where appropriate, application may be made to the governing body of the Township of Morris for a modification of the hours of operation. The governing body may, in its sole discretion, approve or deny any such change after consultation with the Chief of Police of the Township or his designee.
Limited access to the carnival or event. Entrances and exits must be limited in number and should be properly and adequately identified. Further, in order to provide a safe and secure area and prevent accident or injury to those in attendance, the area of the carnival or event must have its entire perimeter fenced. Such fencing may be of any type that will prevent unlawful entry. However, no fencing shall be allowed that would cause injury or harm to those persons present at the event. The entrances and exits shall be clearly marked as to their location at or about the perimeter of the event, and, in addition, there shall be suitable signs directing those in attendance to the location of the entrances and exits.
Security. The Chief of Police of the Township of Morris, or his designee, shall have the authority to determine the number of police officers to be assigned to any carnival or event. This decision shall be based upon, but not necessarily limited to, past experience with events of like nature, anticipated attendance, time of year or other seasonal factors, traffic-related considerations and the like. The cost associated with such security shall be the responsibility of and paid by the person or entity administering the carnival or other event.
Continued authority of the Chief of Police. Once the carnival or event begins operation, the Chief of Police, or his designee, shall have the continuing authority to close the event, modify the hours of operation or impose other additional restrictions as a result of problems which may arise, such as disorderly groups of persons, disasters, noncompliance with the rules and regulations set forth herein or such other situation wherein the best interests of the public require any such action. In addition to the powers set forth herein, the Chief of Police, or his designee, shall have the additional authority to regulate the number of persons in attendance. The Chief of Police shall have the further authority to require the use of other equipment or aids necessary to ensure the safety and protection of all persons. Such equipment or other aids may include the use of flares, temporary no-parking signs and any other equipment of like or similar nature. In the event that such equipment, supplies, signs or the like shall be required, the cost of the same shall be passed on and become the responsibility of those administering the carnival or event.
Additional information to be provided. The Township Committee of the Township of Morris shall be provided proof of all necessary state approvals and other authority to operate the carnival or event. All mechanized rides, or the like, shall be properly certified by the State of New Jersey, or other licensing agency, as to their safety. The entity or other body proposing the carnival shall also make provision for adequate first aid and/or medical facilities in the event of accident or injury occurring on the premises.
Signs. Sufficient signs shall be erected in strategic locations so as to direct motorists and pedestrians to the locations of entrances and exits for the carnival or event. Such signs shall be posted in consultation with the Police Department of the Township of Morris.
Parking. Every effort shall be made by that entity or organization administering the event to provide ample parking for workers, volunteers and the general public. A proposed plan for parking shall accompany the application for the permit. The proposed plan of parking shall be subject to the review and approval of the Chief of Police of the Township of Morris and shall include provision for a reasonable number of handicapped parking spaces.
Upon conclusion of the carnival or event, the equipment, rides, games, displays and facilities shall be promptly dismantled and removed. No dismantling or removal of equipment will be allowed after 10:00 p.m. Any such dismantling shall be done in a manner so as to minimize noise and disruption to nearby property owners.
Responsible parties. The application submitted to the governing body of the Township of Morris shall be signed by the organization, group or entity hosting the carnival and shall also be signed by the carnival owners or operators. If the carnival or event is to be held on lands or premises not owned by the entity or group sponsoring the event, then the signature of the owner of the property shall also be affixed to the application, stating consent thereto.
Any person, firm, association or corporation found guilty of violating the terms and provisions of this article, including the terms and conditions of any permit issued pursuant hereto, shall be punishable as provided in § 1-3, General penalty, of this Code, in the discretion of the Judge imposing the same. Each such day for which a violation continues unabated shall be deemed a separate and continuing violation.