§ 22-133. Issuance of amusement park permits.

(a)

Review of reports. Before acting upon any application, the town board shall review the application and instruments submitted therewith and the several reports required by this article.

(b)

Hearing. A public hearing on such application shall be held by the town board at a regular or special meeting thereof. Notice of the meeting shall be posted by the town clerk-treasurer not less than ten days before the time set for the hearing, in at least three public places in the town. The notice shall describe particularly the location of the proposed amusement park, the type of amusement proposed, shall give the names and address of the parties who are applying for such permit, and the time and place for hearing upon the application.

(c)

Determination. In the event that the town board, upon consideration of the application, the several reports required, and all matters presented at the hearing, shall determine that the use or operation of the amusement park disturbs, or would disturb, the peace and quiet, or in any manner adversely affects, or would affect, the public health, safety, welfare or morals of the community or any portion thereof, it shall deny the application by formal action entered in the minutes of the town board. Otherwise, it shall approve and grant the application and shall authorize and direct the issuance of a permit by the town clerk-treasurer.

(d)

Insurance.

(1)

Before such permit shall be issued, the applicant shall file with the town clerk-treasurer a policy of public liability insurance, in a form to be approved by the town attorney, in the amount of not less than $500,000.00 for injury to any person, and in the sum of not less than $1,000,000.00 for an accident, and property damage insurance in a sum of not less than $50,000.00, which public liability insurance shall name the town as an additional insured.

(2)

The town board may reduce the amount of such insurance coverage required in any year upon application of the permit holder and upon good cause shown. If such reduction is authorized, it shall be done by the town board upon a hearing before the existing permit expires and before the renewal of any such amusement park permit is considered by the town board.

(3)

The applicant shall file with the town clerk-treasurer renewals of said liability insurance so that said liability insurance is in full force and effect at all times. Failure to renew said liability insurance when the same becomes due or file said policy or other written evidence of such renewal with the town clerk-treasurer shall be cause for revocation of the amusement park license granted.

(Prior Code, § 7-9-5)