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HomeMy WebLinkAbout08492ORDINANCE NO. 8492 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IX AND CHAPTER 1 OF TITLE X OF THE PUEBLO MUNICIPAL CODE RELATING TO LICENSING OF TRAMPOLINE AND BOUNCE HOUSE BUSINESSES AND ISSUANCE OF PERMITS FOR BOUNCE HOUSE USE IN CITY PARKS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 9-2-17 of Chapter 2, Title IX of the Pueblo Municipal Code, as amended, is hereby repealed in its entirety and a new section 9-2-17 enacted to read as follows: [Sec. 9-2-17. Trampolines. (a) Trampoline shall include bouncing tables, spring nets and all devices of a similar nature. (b) The license fee for each location at which trampolines are kept or maintained shall be fifty dollars ($50.00) per year or portion thereof for the first ten (10) trampolines and five dollars ($5.00) per year or portion thereof for each ] trampoline in addition thereto which shall be kept or maintained at such location. Sec. 9-2-17. Trampolines and bounce houses. (a) As used in this Section, the following terms shall be given the meaning indicated: (1) shall mean bouncing tables, spring nets, and all Trampoline devices of a similar nature. (2) shall mean inflatable activity or play structures, Bounce house and all devices of a similar nature. (b) An applicant for a license to operate a trampoline or bounce house business pursuant to this section shall submit annually an application for a license to the City License Officer on forms to be designated by the License Officer. The application shall be accompanied by the following items: (1) A license fee in the amount of five hundred dollars ($500.00). (2) Proof that the applicant has in effect General Liability and Property Damage Insurance issued to and covering the liability of the applicant with respect to all operations and conduct of the applicant in connection with trampolines and bounce houses, both on site and throughout the City, to be written on a comprehensive policy form and written in amounts not less than one million dollars ($1,000,000) per occurrence and aggregate for both personal injury, including death and bodily injury, and property damage. Said policy shall name the City, its agents, officers and employees as additional insureds. (3) As a condition of a permit issued pursuant to subsection 10-1-5 (a) (4), Pueblo Municipal Code,regarding the operation of trampolines or bounces houses on City park property, a signed acknowledgement by applicant agreeing to the terms and conditions of the Department of Parks and Recreation Policy regarding use of such devices in City parks and a damage deposit in the amount of five hundred dollars ($500.00). (4) Proof that applicant has obtained city sales and use tax licenses. SECTION 2. Subsection 10-1-5 (a) of Chapter 1, Title X of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 10-1-5. Park uses requiring a permit. (a) A permit or reservation shall be required from the Director before participating in any of the following park activities: . . . (4)Use of any bounce house or similar apparatus on park property. SECTION 3. Violations of this ordinance shall be punished as provided in section 1-2-1 of Chapter 2, Title I of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 11, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: June 25, 2012 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-2 June 11, 2012 DEPARTMENT: Department of Parks and Recreation Creighton Wright, Director TITLE: AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IX AND CHAPTER 1 OF TITLE X OF THE PUEBLO MUNICIPAL CODE RELATING TO LICENSING OF TRAMPOLINE AND BOUNCE HOUSE BUSINESSES AND ISSUANCE OF PERMITS FOR BOUNCE HOUSE USE IN CITY PARKS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. ISSUE: Should Council amend the Pueblo Municipal Code to require bounce house businesses to obtain a City business license under Title IX and to require a permit for the use of a bounce house in City parks under Title X? RECOMMENDATION: Approval of the Ordinance. BACKGROUND: Bounce house businesses are arguably subject to the requirement of a business license under section 9-2-17, of Chapter 2, Title IX of the Pueblo Municipal Code, which currently requires a license for businesses operating trampolines and similar devices. To address health, safety and liability concerns, the enclosed Ordinance amends the section by specifically adding bounce house businesses to the categories of businesses requiring a license to operate within the City. The amendment requires the business to provide proof of insurance, proof of city sales and use tax licenses, an annual fee, and if the business wishes to operate in City parks, acknowledgement of the Department of Parks and Recreation policy regarding the use of bounce houses in City parks, as well as a damage deposit. Bounce house operation and use within the City parks is popular, but unregulated. Although possibly prohibited within City parks, the Department of Parks and Recreation has historically acquiesced to the use as a desirable recreational opportunity. Unfortunately, damage to park property and liability issues have made it necessary to implement supervision over the use. The enclosed Ordinance also amends Title X of the City’s Municipal Code by adding bounce house use as one of the activities requiring a permit in City parks. Issuance of a permit by the Department of Parks and Recreation requires the user and bounce house business to acknowledge the enclosed “Policy and Agreement for Operation and Use of Bounce House and Other Similar Apparatus in City Parks.” FINANCIAL IMPACT: An annual licensing fee of five hundred dollars ($500.00) is required of all businesses operating bounce houses and similar apparatus within the City. If the business wishes to operate and use a bounce house within City parks, a damage deposit of five hundred dollars ($500.00) would be required. Based upon staff estimates, the number of bounce house businesses operating within the City is approximately four to six. Thus, Department of Parks and Recreation staff expects the licensing fee to generate between $2,000.00 to $3,000.00 in revenue.