28 Pa. Super. 258 | Pa. Super. Ct. | 1905
Opinion by
The defendant was convicted before a magistrate on the charge of violating an ordinance of the city of Scranton, which prohibited “ the operating of any ring game, game of chance, merry-go-round, razzle-dazzle, shooting gallery, air gun, animal show, musical instruments in places of entertainment where refreshments are sold, freak show, or entertainment of the usual side show variety, or show or entertainment of similar character within 1,000 feet of any public park in the city of Scranton.”
The only question involved is the validity of the section quoted from the ordinance. It Is contended that the merry-go-round of the defendant, which is a mechanical arrangement propelled by steam power having combined with it a musical appliance, and so constructed as to enable about forty persons to mount forms and shapes which were designed to represent animals and were placed upon a platform so as to revolve at a rapid rate of speed, is a source of disturbance of the peace and good order in its neighborhood.
The defendant had secured a license from the proper city authorities to conduct a merry-go-round at Wahler’s Grove, but the device, for maintaining which he was arrested, was not at Wahler’s Grove, but was located at another place and within the prohibited distance from Nay Aug Park, and within the limits of the city of Scranton. The granting of this license is of no avail as a defense, since it was for an entirely different location.
The contention here is, that the ordinance is unreasonable because it prohibits the carrying on of this business within certain territorial limits, in the absence of any evidence to show
The ordinance in this case is not partial, as it prohibits the operation of any such show or contrivance or device mentioned in the ordinance, by any person within 1,000 feet of any park of the city. The prevention of nuisances is quite as important as their abatement, and under the facts in this case, the ordinance should be sustained.
The assignments of error are overruled and the judgment is affirmed.