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DIVISION 1. - GENERALLY#
Sec. 6-91. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement park means any tract of land, together with the structures located thereon, the principal use of which is to provide a midway of amusement and recreation to the general public.
Outdoor entertainment site means any lots, tracts or parcels of land, the principal use of which is to provide an outdoor recreational, entertainment, cultural event or festival.
Track means a tract of land together with the structures thereon, the principal use of which is to provide vehicle racing or driving for public amusement upon payment of a fee.
Vehicle means any automobiles, go-cart, so-called motorcycle or motor bike or other motor-powered vehicle, but does not include bicycles or vehicles drawn by animals or not propelled by a motor.
(Ord. of 7-13-70, § 11)
Cross reference— Definitions generally, § 1-2.
Secs. 6-92—6-110. - Reserved.#
DIVISION 2. - LICENSE#
Footnotes:
--- (3) --- State Law reference— Licensing of amusements, G.L. 1956, § 5-22-5.
Sec. 6-111. - Required.#
No person shall operate a vehicle track, amusement park or any outdoor recreational, entertainment, cultural event or festival without first obtaining a license.
(Ord. of 7-13-70, § 1)
Sec. 6-112. - Application; contents.#
Application for the initial issuance of such licenses shall be made in writing to the town council and shall be accompanied by the following: (1)
A metes and bounds description of the proposed location of such track, amusement park or outdoor recreational, entertainment, cultural event or festival site, and a plat of such proposed location prepared by a licensed surveyor showing the names of all adjoining property owners and the names of all property owners within 500 feet of the proposed location.
(2)
The names and addresses of the owners of the proposed location and, if a corporation, the names and addresses of all of its officers, stockholders and directors.
(3)
The names and addresses of the owners of the proposed track or amusement park or the promoters of an outdoor recreational, entertainment, cultural event or festival and, if a corporation, the names and addresses of all its officers, stockholders and directors.
(4)
A statement of the types of amusements or vehicles to be used at the proposed location or the type of recreational, entertainment, cultural event or festival that will be offered.
(5)
A statement of the dates and hours when permission is sought to operate such track, park or outdoor entertainment.
(6)
A filing fee of $100.00, or, in the case of a vehicle track $400.00 to cover the costs of advertising, sending notice and administering such application.
(Ord. of 7-13-70, § 2)
Sec. 6-113. - Filing; periods for consideration.#
An application for the initial issuance of a license shall be filed at least three weeks prior to the regularly scheduled town council meeting at which hearing on such application is sought; provided, however, that in the case of a vehicle track, the application shall not be considered or heard by the town council unless and until the application shall first have been approved by a majority of those electors of the town voting thereon at the next regular or special election held in the town more than 60 days after the application has been filed with the town council.
(Ord. of 7-13-70, § 3)
Sec. 6-114. - Notice of hearing.#
Upon the receipt of such application, or, in the case of a vehicle track, upon certification to the town clerk of an affirmative vote on the question by the electors of the town, the town clerk shall send, by regular mail, notice of such application and the dates, time and place for hearing thereon to each of the property owners set forth in section 6-112(1). Such notice shall be sent at least two weeks before the council meeting at which the application is to be considered. In addition, the town clerk shall advertise notice of such application and the time, place and date for hearing in a newspaper of general circulation in the town at least once and at least one week before the date set for hearing.
(Ord. of 7-13-70, § 4)
Sec. 6-115. - Grant, refusal or grant with conditions; conditions enumerated.#
After a hearing upon an application for initial issuance of a license, the town council may either grant, refuse to grant or grant with certain conditions the application for such license. The conditions which the town council may impose on the granting of a license are as follows: (1)
The applicant shall provide adequate parking facilities.
(2)
The applicant shall provide adequate sanitary facilities for the patrons of such park, track or outdoor entertainment site.
(3)
The applicant shall operate such track, park or outdoor entertainment site only within the times and dates as set by the town council.
(4)
The applicant shall provide such first aid facilities and safety measures as shall be deemed necessary by the town council.
(5)
The applicant shall provide for the regulation of noise so that adjoining and nearby landowners and inhabitants will not be unduly disturbed in the use and enjoyment of their property, and, in the case of vehicles powered by internal combustion engines, each such vehicle shall be equipped with a muffler.
(6)
The applicant shall provide adequate lighting where night operation is sought.
(7)
The applicant shall use such track, park or outdoor entertainment site only for certain amusements, vehicles or entertainments, as specified by the town council.
(8)
Other conditions shall be required as the town council deems necessary for the protection of the patrons of such track, parks or outdoor entertainment site and/or the health, safety, welfare and protection of the public, adjoining and nearby land owners and nearby inhabitants.
(Ord. of 7-13-70, § 5)
Sec. 6-116. - Fees.#
The license fee shall be $200.00 annually for amusement parks and vehicle tracks, and all licenses shall expire on December 31 of each year. Such licenses shall be reviewed automatically upon the tender of such annual fee. The license fee shall be $200.00 for an outdoor recreational, entertainment, cultural event or festival and shall expire upon the closing of such recreational, entertainment, cultural event or festival.
(Ord. of 7-13-70, § 6)
Sec. 6-117. - Enlargement of vehicle track or amusement park area; fresh application.#
Any enlargement of the area of any vehicle track or amusement park shall be treated insofar as the enlargement is concerned in the same manner as the application for the initial issuance of a license, and the application shall be made in a similar manner.
(Ord. of 7-13-70, § 7)
Sec. 6-118. - Revocation or suspension; reasons.#
After a hearing, the town council may revoke or suspend the license of any amusement park, vehicle track or outdoor entertainment site upon a determination of the following: (1)
The park, track or entertainment site does not conform to the specifications as set forth in its application for a license.
(2)
The park, track or entertainment operator, proprietor or owner has violated the terms and conditions of the license.
(3)
The operator of such park, track or entertainment site has sold or has permitted to be sold any intoxicating liquor, wine, beer or narcotic on the premises.
(4)
The operator of such park, track or entertainment site has permitted solicitation of prostitutes, or gambling on the premises.
(5)
The park, track or entertainment site does not conform to the health regulations for such parks, tracks or entertainment sites established by the state.
(6)
Such track, park or entertainment site is operated in such a way as to constitute a nuisance, or that the operator of such park, track or site has maintained or permitted a nuisance on the premises.
(7)
Any person violated any of the provisions of this article.
(Ord. of 7-13-70, § 7)
Sec. 6-119. - Issuance; scope and effect.#
The issuance of a license for the operation of an amusement park, vehicle track or outdoor recreation, entertainment or cultural event or festival shall in no way be construed as an abridgement of the right of any person to prosecute legal action against such track or park or the promoters of an outdoor recreational, entertainment, cultural event or festival on the ground that such track, park or outdoor entertainment constitutes a nuisance; nor is it the intention of this article that the granting of such license shall in any way affect the question of whether such park, track or outdoor entertainment constitutes a nuisance as to any individual.
(Ord. of 7-13-70, § 10)