ORD-36-82 REGULATES AMUSEMENT ACTIVITIESIIllU
tiT.JiiiIiJ1)JJi?W~ ·ni1llil':'!iIl~ill 1i1.ii-1J!S:iilillE:J:-'_>~ORDINANCE
NO.
36-
82 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF
ORANGE ADDING CHAPTER 5.98 TO THE ORANGE
MUNICIPAL CODE TO REGULATE AMUSEMENT ACTIVITES.
WHEREAS, suits
have been filed against the City of Orange due to injuries
sustained on amusement rides and in amusement areas located on
private property and managed and controlled by private persons or
entitiesi and WHEREAS, the
law appears clear that the City is not legally liable for
failure of such privately owned and operated amusement devices, but,
nevertheless, the City may be forced to sustain legal expense to
remove itself from such litigation; and WHEREAS, liability
for these injuries should be upon the operator of the
amusement area; and WHEREAS, the
operator of any amusement area should be required to obtain
proper liability insurance to insure that not only the public shall
be protected by also that the City shall be an additional insured
in order to prevent expenditures by the City for legal
representation; and WHEREAS, safety
standards for equipment and rides must be established to
minimize the risk of such injuries; and WHEREAS, regulation
is needed to establish minimum standards of cleanliness
and sanitation to prevent an amusement area from becoming a
health hazard; and WHEREAS, other
limitations must be set to prevent an amusement park from
becaaing a public nuisance.NOW, THEREFORE,
TIlE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLO\~S:Section I:
Chapter 5.
98, Sections 5.98.010 through 5.98.170, is hereby added to
the Orange Municipal Code to read as follows:5.98.
010 5.98.
020 5.98.
030 5.98.
040 5.98.
050 5.98.
060 5.98.
070 5.98.
080 5.98.
090 5.98.
100 5.98.
110 5.98.
120 5.98.
130 5.98.
140 CHAPTER 5.
98 AMUSEMENT ACTIVITIES
Definition of
Amusement Activities.Permit Required.
Fee.Investigation
of
Applicant.Location Requirements.
Hours of
Operation.Operation on
Public Stree.ts Prohibited.Illumination of
ffinusement Area.Emergency Lighting.
Sound Amplifying
Equipment.Fencing and
Pedestrian Control.Health and
Sanitation.Building and
Fire Codes.Cleaning Area.
5.98.150
5.98.160
5.98.170
Defective Equipment.
Liability Insurance.
Indemnification.
Section 5.98.010 Definition of Amusement Activities.
For the purpose of this Ord1nance, an amuse t t"
any ride or conveyance emplo ed whol
men. ac J. VJ. ty shall be
limited to any activity on
y, ly for enterta~nment or amusement,
prJ.vate property and ex 1 d" . t
Public transportation over bl' '
c u J.ng prJ.va e or
0 .
pu 1C streets. These activities shall
J.ncludeo waters11des, go-carts ferris
hI, .of similar nature. The re
1 ~ w ee s, pony r~des, and
others gu at10ns shall apply to all areas
where any of these act1v1t1es are conducted on a t
b .therefore, not covered by Chapter 5 70 of t'hPeermOanen Mas7s.
andldrangeun~cJ.pal Co
eo section 5.98.~20 Permit Required. It shall be
unlawful for any person, f1rm or corporation to establ;sh et '
t 'h'b'
d.' s up, ma~n a~
n,eX ~ ~t, con uct, or c~rry on in the City of Orange any
mnusernent act~v~ty unless a permJ.t to do so has been issued and is in
full force and
effect.Section 5.98.030 Fee. A permit fee of fifty dollars ($50.
00)per year shall accompany an application for
permit.ection ~.98.040 Police Investigation of Applicant.
The dl~ef of Pol~ce shall cause each applicant to be fingerprinted
and photographed, a record of which shall be kept in the office of
the Chief of Police. The applicant shall pay the amount set by
the State for processing the fingerprints. The Chief of Police
shall cause such an investigation of each applicant to be made
to determine if such applicant has committed any act that if
done by a pe~ittee would be grounds for revocation or
suspension of a pe~it, of it such applicant has been convicted of a
felony or any crime that has a substantial relationship to the
permitted
business.Section 5.98.050 Location Requirements. No
amusement activi ty hereby' shall be located in any zone unless a
conditional use pennit has been issued, pursuant to Chapter 17.86 of the
Orange Municipal
Code.Section 5.98.060 Hours of Operation. No amusement
activity regulated by this Chapter shall operate between 12:00 midnight
and 8:00 a.m. of the following
morning.Section 5.98.070 Operation on Public Streets
Prohibited.No amusement activity, or any equipment used in
connection therewith, shall be operated or be located upon a public street
or alley, except that a parade operating under specific authority
from the City, in accordance with the terms of Chapter 5.59 may
operate on public streets and alleys according to the terms of such
permit.Section 5.98.080 Illumination of Amusement Area.
All lights and ill umina tion of an amusement acti vi ty regulated
hereby,including facilities, equipment and rides, s~all be ar7ange~ so as
to reflect the light and glare away from an~ adJace~t.res~~ent~~
l .properties. These lights must also prov~de suff~c~ent ~llum~nat~
on between rides, facilities and public ingress and egress
areas.Section 5.98.090 Emergency Li~hting. The area aroundan<;
l .between tents, facilities, and equ~pment of any amus~ment act1v~
ty shall be well lighted at all times during the operat1on.of ~
uch amusement activity or any part thereof. An emerger;cy l~ght~
ng s~stem approved by the Building ~epartment~to.prov~de
adequate llghting for orderly evacuation ~n event or ~~saster or e~
ergency shall be provided by the permittee when requ~red by the ~~~
y Building Department. The operation of any amusement a?t~v~
ty, .at any t' h . ents are not being fully met ~s prohlb~
ted.1me suc requ~
rem
2-
ill! ~-~
mli'
A:Ili!!l 1111) ~'-lIl!'r-Section
5.98.100 Sound Amplifying Equipment. All sound
amplifying equipment used in conjunction with any amusement
activity regulated hereby shall comply with the following
regulations:A.
The only sounds permitted are music and human speech.B.
The human speech and music amplified shall not be profane,
lewd, indecent or slanderous.C.
All amplified sound shall comply with Chapter 8.24 of
the Orange Municipal Code.D.
No sound amplifying equipment shall be operated with
an excess of fifteen (15) watts of power in the last stage of
amplification.Section
5.98.110 Fencing and Pedestrian Control. The Chief
of Police may, in -the interest of public safety, require fencing of
all or a portion of the amusement activity site in order to control pedestrian
movement to and from the said site. He may also designate
the means of pedestrian ingress and egress for the said nusement
activity. The Chief of Police or Fire Chief may require emergency
vehicle access.Section
5.98.120 Health and Sanitation. The amusement activity,
and each portion thereof, shall conform to the health and
sanitation requirements established by the County Health Officer,and
by applicable state, County, and City laws. Sanitation facilities
must be sufficient to accownodate the maximum capacity of
the amusement area.Section
5.98.130 Building and Fire Codes. All amusement activities
shall comply with the Building and Fire Codes and ordinances
of the City of Orange. Applicant shall apply for Fire Department
pennits where applicable. Upon request, permittees shall
furnish proof to the City of Orange that all equipment,rides,
and structures utilized in connection with any amusement activity
have been inspected and are in compliance with applicable State
and City laws and regulations, and shall cooperate with the inspection
thereof by local police, fire, building, health, or other
public officials and personnel.Section
5.98.140 Cleaning Area. Any person granted a permit to
conduct or carryon an amusement activity regulated hereby shall
be responsible for keeping the area or parcel of land used for
the amusement activity including off-street parking areas,
free and clear of all rubbish, waste matter, and debris during the
time such amusement activity is carried on or conducted.
Section 5.98.150 Defective Equipment. No person shall
operate any amusement activity while the same or any of the
equipment thereon or therewith is in a defective, unsafe, or
unsanitary condition. Every amusement activity shall at all times
be subject to the inspection of any police officer or Health
Inspector of the City or other duly authorized City officers or
employees.
Section 5.98.160 Liability Insurance. As a condition pre-
cedent to granting an application hereunder, the applicant shall
furnish the City Attorney with a Certificate of Insurance,
evidencing public liability insurance in the amount of $500,000
for death or injury to one person and $1,000,000 for death or
injury to more than one person, and property damage in the amount
of $100,000 for each occurrence. The said insurance certificate
3-
1I1__"'
129 81.....lII - --"\i!!'
I'
IM'''''"''shall indicate that the
insurance shall be effective during the period that the amusement
activity is being conducted in the City of Orange and shall
be obtained for both the applicant and for the City of Orange. Thirty (
30) days prior to intention not to renew,cancellation, or material change
in the insurance, written notice shall be given to
the City in which event the grantee shall provide a substitute insurance
complying with this section in form and content approved by
the City Attorney. The said Insurance Certificate shall include the
following:1. 30-day prior
written notice by registered mail in event
of expiration, termination,or modification of
any insurance coverage.2. All insurance
carried by permittee shall be primary insurance
not contributing to any other insurance
held by City.3. City to
be named as insured or additional insured under all
policies.Section 5.98.
170 Indemnification. The grantee shall defend,indemnify and hold
harmless the City, its officers, boards,commissions, agents and
employees, and each of them, against and from any and
all claims, demands, actions, suits, liabilities, and judgments of every
kind and nature, and regardless of the merit of the same arising
out of or related to the use of any amusement activity or area
of amusement activity including costs of investigations, attorney's
fees and court costs in the defense of any actions, to
the extent that such claims or demands are alleged to be the
result of an error, omission, intentional act or negligent act of
grantee or any persons employed by grantee, even if that grantee
employee is in error or by rnisinformation alleged to be a
grantor employee.Section II:The
City Council
hereby declares that it would have passed this Ordinance, sentence
by sentence, paragraph by paragraph, and section by section,
and does hereby declare that the provisions of this Ordinance are
severable and, if for any reason, any sentence,paragraph, or section
of this Ordinance shall be held invalid,such decision shall
not affect the validity of the remaining parts of this Ordinance.
Section III:A
summary of
this Ordinance shall be published and a certified copy of
the full text of this Ordinance shall be posted in the
Office of the City Clerk at least five (5)days prior to
the City Council meeting at which this Ordinance is to
be adopted. A summary of this Ordinance shall also be
published once within fifteen (15) days after this Ordinance's
passage in the Orange City News, a newspaper of general circulation,
published and circulated in the City of Orange. The
City Clerk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted Ordinance along with
the names of those City Council mernbers 4-
1'- ----~ -'-"'!
Il
1i ~-IW votingfor
and against the
Ordinance in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty (30) days from
and after the date of its final passage.ADOPTED this 1 qt-
h
day of -Oc.t-n'hPr 1982.Attest:A'~~~City
Clerk
of
e Ci 0 Orange STATE OF CALIFORNIA )
COUNTY OF ORANGE )
ss CITY OF ORANGE )
I, MARILYN J.
JENSEN, City Clerk of the City of Orange,California, do hereby
certify that the foregoing ordinance was introduced at the
regular meeting of the City Council held on the 12th day
of October , 1982, and thereafter at a regular meeting of
said City Council duly held on the 19t-n day of October ,
1982, was duly passed and adopted by the following vote, to
wit:AYES: COUNCILMEN:
SMITH, ~.1AYOR BEAM, PEREZ, BEYER NOES: COUNCILMEN:
NONE ABSENT: COUNCILMEN:
BAP~FA WITNESS my
hand and seal this 20th day of October 1982.fi/
lyn
J.
J se F City Clerk
of the c~ty of Orange 5-