[HISTORY: Adopted by the Board of Trustees of the Village of Albion
at time of adoption of Code 8-14-1996 by L.L. No.
5-1996; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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, funhouses 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.
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 village.
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 Village of Albion 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
Village Clerk as hereinafter provided.
Any person, firm or corporation desiring to procure such a permit shall
file with the Village 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 village 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 Fire Marshal
of the village 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 Village Clerk fees as set forth from
time to time by resolution of the Board of Trustees.
[1]
Editor's Note: A fee schedule is located in the office of the
office of the Village Clerk.
A duplicate of any such application shall be delivered to the Fire Marshal
of the village who shall determine, with the assistance of the Health 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 Marshal shall designate.
If the approval of the Fire Marshal is secured, the Village Clerk shall,
upon the payment of the above-mentioned fee, issue a permit for the purpose
requested.
If the Fire Marshal 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[1], 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.
