[Adopted 2-26-1973 by Ord. No. 73-4; amended in its entirety 12-17-2012 by Ord. No. 12-19 (Ch. 70, Art. I, of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A public event staged for commercial purposes on private
or public property wherein the public is invited or may enter which
involves one or more of the following elements: rides, games, sideshows
and other entertainment, but not including circuses.
A carnival which includes any of the following additional
elements: trained or untrained animals, acrobats or other performers.
A.
Without first having obtained a license, no person shall promote,
establish, conduct or maintain shows, entertainment, exhibitions,
amusement rides, carnivals, circuses and other traveling shows or
exhibitions, whether or not admission is charged.
B.
All applications shall be submitted to the Municipal Clerk and shall
contain the following information:
(1)
Name and address of the applicant.
(2)
The type of activity.
(3)
Proposed location.
(4)
Proposed dates of activity and hours of operation.
(5)
Proof of insurance protecting the general public from all damage
or injuries as a result of all activities hereunder in an amount not
less than $5,000,000 per occurrence and $1,000,000 property damage,
within which coverages there shall be the following coverage for each
amusement ride: a policy of insurance written on a per occurrence
basis in an amount of not less than $5,000,000 per occurrence insuring
the owner or operator against liability for injury suffered by any
person riding the amusement ride, or a bond in a like amount; provided,
however, that the aggregate liability of the surety under such bond
shall not exceed the face amount thereof. The policy shall be procured
from one or more insurers acceptable to the State Commissioner of
Banking and Insurance and either licensed to transact insurance in
the State of New Jersey; or approved as surplus line insurers pursuant
to section 11 of P.L. 1960, c. 32 (N.J.S.A. 17:22-6.45).
(6)
Nature and type of amusements and rides to which the public will
have access.
(7)
Consent of the owner or party lawfully in possession of the property
or activity.
(8)
A list of animals that will be kept on the premises and provisions
for the keeping or caging of the same.
(9)
A schematic reflecting the location of the activity, including all
streets involved with the activity or providing direct ingress and
egress; the proposed location of all rides, tents, exhibitions and
other equipment, including vehicles; the seating capacity of all tents
and exhibitions; parking; requirements for traffic control being requested
from the Township; and an estimate of the number of anticipated attendees
per day.
A.
Fees. No application fee shall be required except for carnivals and
circuses as to which the following fee schedule shall apply, with
payment thereof to be made to the Municipal Clerk:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Escrows.
(1)
The Municipal Clerk shall refer any completed application to the Chief of Police who shall review the application and establish an escrow amount pursuant to § 72-12 and Chapter 212, Fees, § 212-2, of the Code of the Township to be deposited by the applicant with the Township based on the anticipated costs of services to be rendered by the Township Police Department and the Township Department of Public Works in connection with the activities set forth in the application. The escrow amount shall be paid by the applicant to the Municipal Clerk prior to the issuance of any license hereunder.
[Amended 9-17-2018 by Ord. No. 18-13; 4-6-2020 by Ord. No. 20-03]
(2)
The fees and escrows due hereunder shall be in addition to the satisfaction
by the applicant of all requirements of the Fire Department and Health
Department, including under the Township Fire Code and Health Code.
C.
Indemnification. The applicant shall execute a form of indemnity
provided by the Township pursuant to which the applicant agrees to
indemnify, defend and hold the Township harmless from and against
any and all injury, loss, damage or liability (or any claims in respect
of the foregoing), costs or expenses (including reasonable attorneys'
fees and court costs) arising from the activities of the carnival
or circus.
Prior to the issuance of a license, the applicant must furnish
proof that all employers involved have complied with the provisions
of N.J.S.A. 34:15-71, a copy of which statute shall be available at
the office of the Municipal Clerk. Failure to provide satisfactory
proof of compliance with such statute shall subject the license to
revocation, after hearing by the Township Council, upon proof of the
licensee's failure to comply with said statute. The licensee
shall be entitled to three days' notice to comply with said statute
prior to the holding of said hearing.
A.
All nondomestic animals shall be kept and maintained in a steel-barred
cage or enclosure at all times or under suitable restraint and constant
supervision of an attendant when the same are performing or being
exhibited.
B.
Suitable barriers shall be erected between the animals and the public
in order to prevent and deter access to all nondomestic animals.
All activities to be conducted by the licensee hereunder shall
be limited to a period of six days.
