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hereby repealed in its entirety and a new section 9-2-17 enacted to read as follows: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.