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HomeMy WebLinkAboutOrd 2266 11/17/1970 . ' '. ORDINANCE NO. 2266 AN ORDINANCE AMENDING ARTICLE X OF CHAPrER II OF THE lVDUNT PROSPECT MUNICIPAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK;. COUNTY, ILLINOIS: SECTION ONE: That Article X of Chapter II of the Municipal Code of Mount Prospect of 1957, as amended, is hereby further amended in its entirety by adding thereto further restrictions for carnivals as well as certain application procedures so that hereafter said Article X shall be and read as follows: "Section 11.1001. Permit Required and Definition. A. It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the Village of Mount Prospect any carnival unless a permit to do so has been issued as hereinafter provided and is in full force and effect. B. For purposes of this Article "carnival" shall include any entertainment or place of amusement with either rides, games of skill, and/or refreshments; which entertainment is usually operated as a commercial enterprise but sometimes by a social or charitable organization. C. Nothing in this Article shall be deemed to exempt applicants for carnival per'rnits from the necessity of applying for and obtaining other necessary licenses and permits as provided in this Code. Section 11.1002. Application For Permit. Any person, firm or corporation desiring a permit reqrp,red by this Article shall nake application therefor to the Village Clerk. The application shall be verified and shall set forth. A. llie name and address of the applicant. B. If the applicant is a corporation, the names and addresses of the corporate officers. C. The name and address of the proprieter and the person to be in immediate charge of each place of amusement. D. The location at which it is proposed to conduct the carnival. E. The layout plan establishing where each ride and tent is to be located along with a detailed electrical layout. said layout to be approved by the Chief of Police, Fire Chief, Director of Buildings, Superintendent of Public Works, and property owner. F. Every carnival perrni t and inspection for a mechanical amusement riding device shall be for a term certain, but not to exceed 10 days. A renewal of every carnival permit and re-inspection for mechanical amusement riding devices nay be rmde every 10 days, provided that the appropriate fees are paid for such new permit. G. Every permit application for a mechanical amusement riding device shall be accompanied by a letter from the organization sponsoring the carnival, a letter from the owners of the property where the rides are to be located, and a description of the toilet facil- ities; also a street permit when a mechanical amusement riding device is to be located upon a pUblic way. ~. ~, ~ ~ , " H. Every pennit application for a mechanical amusement riding device shall be accompanied by a certificate of insurance, whic.;, will include coverage of the Village of Hount Prospect, the Director of Buildings and his agents, in an an1m.m.t of $100,000.00 for anyone person and $1,000,000.00 f?r any ~e accident and $25,000.00 Property Damage, to be filed with the Fmance DJ.rector of the Village of Hount Prospect. Section 11.1003. General Regulations. A. No general admission fee to the carnival grounds. B. No side s11.O\17 shall be conducted in connection with a carnival. C. No carnival shall operate between 11:00 p.m. and 8:00 a.m. of the following morning. D. The area arOlm.d and between tents, facilities, and equipment of any carnival shall be well lighted at a'.l tirnes during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the Department of Building and Zonin.g to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the penni ttee. E. No table game or other amusement device~ whether controlled by skill or chance, for the operation of a game, pastime, or contest by the manipulation of a marble, sphere, or of objects or figures, or by con- trolling t.'l1e movements of same or setting them in motion by mechanical means shall be cond.ucted in conjunction with any carnival. The pre- ceeding shall not apply, h~leve:r ~ to not for profit chari table cOIpor- at ions and other charitable institutions ltlhich meet the definitions t.-;'ereof set fort.'h by the United States Govemm":Y'.... .i"; F. lmy person, finn~ or corporation granted a carnival pennit here1.mder shall be responsible for keeping the grounds, area, or parcel of land used for the carnival including parking area free and clear of all rubbish, waste matter, and debris during the time such carnivals shall be carried on or conducted. Section 11.1004. General Regulations For 1:1ec.'l1anical Amusement Piding Devices. A. All mechanical amusement devices shall be built of t..~e material herein- after enumerated, or of other materials approved by t.he Director of Buildings, subst&itially COllstTIlcted and designed to 'l.\lithstand shocks and to afford adequate protection for passengers riding thereon; struc- tural features shall meet the reauirements uToscribed elsewhere in this code. Fla."1drails, handles, s"afety straps or other protective devices of suitable design shall be provided in all cars of roller coaster, scenic railways, ferris l'lheels, ships and other riding, sliding, rotathig ,~ ~ ,~ ~\ , . .. .. and rolling devices of similar type. merry-go-round shall be equipped with bridle, also a strap on the horse rod under the arms of the rider. Each horse on a a stirrup and to snap or buckle B. Ferris wheels of portable type used in carnivals and under similar conditions, shall be of steel construction set on suitable bases under the towers and the side tripods. Cars shall be of all steel construction or other suitable materials. C. Automatic handle bars shall be installed where vertical thrust is encountered. On an open structure, catwalks shall be provided for emergency and maintenance purposes. D. All rides shall be guyed suitable to withstand wind pressure and unbalanced load. Footings, blocking and outriggers shall be secured so as to be stable under all operating conditions. E. No amusement riding device shall be overcrowded or loaded in excess of its rated safe carrying capacity or safe operating speed. F. All internal combustion engines used in driving riding devices shall be equipped with an overspeed governor. G. All riding devices shall be fenced, enclosed, barricaded or otherwise guarded, at exits and entrances, for public protection. H. No person shall knowingly use or permit to be used an amusement riding device which is not properly assembled or which is defective or unsafe in any of its parts, components, controls or safety equipment. In no case shall a safety device installed on an amusement riding device be made inoperative. I. Sufficient safe clearance shall be provided against injuries to all persons riding on any amusement riding devices when in motion. Section 11.1005. Signal Systems. Signal systems for the starting and stopping of amusement riding devices shall be provided where the operator of the device does not have a clear view of the point at which passengers are loaded or unloaded. Any code of signals adopted shall be printed and kept posted at both the operator's and signalman's stations. All persons who may use these signals shall be carefully instructed in their use. Signals for the movement or operation of an amusement device shall not be given until all passengers and other persons who may be endangered are in a position of safety. Section 11.1006. Braking Devices. A. Every roller coaster shall be provided with a terminal brake; it shall also be provided with an emergency brake that will immediately stop the train and shall be placed in some level spot on the structure, if approved by the Director of Buildings, on one of the curves. The emergency brake shall be under the control of the brake- man or other attendant at the loading platform. Every ~. .~ ~ ~. " car or train shall be under the control of the brakeman or other attendant at the loading platform. Every car or train shall also be equipped with a safety device arranged to catch and hold the car or train should the chain break or any other accident occur to the machinery while a car or train is in transit. B. Roller coasters having more than one train shall be provided wi th an automatic emergency sys tern to ~ent, collisi~e~, A stalled car or train shall stop all cars or trains behind it automatically. Anti-rollback devices shall be installed on all inclined tracks of roller coasters. Section 11.1007. Roller Coaster Ride. In an amusement ride of the dip type~ the upgrade in each dip shall be so constructed that the cars will run up to the structure at a speed such that the cars will run over the top of the next dip without having a tendency to throw the passengers out of the cars, The cars shall be of sub- stantial construction; they shall be equipped with dogs to drop into a sprocket chain or ather approved device to pull the car or train to the starting point of its travel. Section 11.1008. Electrical Requirements. A. All mechanical amusement riding devices shall be pro- vided with electric lighting if they are to be in use after sunset. B. Complete electrical layout must be fur.nished to the Director of Buildings and Fire Department for approval prior to installation. C. An emergency lighting systen approved by the Director of Buildings to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee. Section 11.1009. Safety Test. A. A test shall be made of every new mechanical amusement riding device and all safety devices shall be c~~sed to function. B. Man lifts shall be designed in accordance with the provisions of the American Standard Safety Code for Man Lifts. Publication ASA A90-1-1949, by the American Society of Mechanical Engineers~ a copy ex which shall be on file with the Village Clerk. Section 11.1110. Platform Lifts And Adjustable Loadi~g Platforms. A. Every platform lift and adjustable loading platform shall be provided with a toe guard attached to the undersides of the platform shall be fully skirted. B. The operation may be continuous pressure button, lever and shall be in clear view of the platform. ~. ,~ ,'-" ~ . . C. The construction of all platforms shall meet the re- quirements of Chapter 79~ ~levator Safety Code Rule 203.10 of the Municipal Code of the City of Chicago, a copy of which sha~l be on file with the Village Clerk. D. Every adjustable loadi~gplatfdrm snaii be equipped with skirt guards ofithe 'sides not used f6r lo~d~ng. E. The operation may be by continuous-pres$ure button, cable, lever or may take place by the movement of a trl.lck body. Sectibnll.IOII. Inspection~ A. The Director.of Buildings.shall inspect, or cause to be inspected, at least daily, all amusement riding devices, ~ech.anisms and structures and such other mechanical structural devices or contrivances which will permit the movement of a person by mechanical means in any direction fot amusement, where such qevices. ate erected and operated within an amusement park, fait ot carnivals situated on any lot, tract of land or pUblic way. B. Where said devices are taken down, removed, re-asserr..blcd or re-erected in another location, the Director of Buildings shall inspect or cause to be inspected said devices after each removal and before said devices are opened to the public for the purpose of ascertaining whether they comply with the provisions of this Code and the rules and regulations of the Department of Buildings. No device shall be operated unless they do comply with the provisions of this Code and the rules and regulations of the Department of Buildings. Load test, where required, shall be performed in the presence of the enforcing authority. C. 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 and at the tim~ of departure from the area. D. Permittee shall abide by the regulation set forth by the Mount Prospect Bureau of Fire Prevention regarding the proper number and type of fire extinguishers; proper storage of flammables in proper identified container; proper posting of liNo Smoking" signs and such other necessary regulations as the Bureau may deem fit for the safety and welfare of the general public. Section 11.1012. Issuance - Denial - Fee. A. Upon application for a carnival permit in the manner hereinabove provided, the Village Clerk shall forward same to the Village Manager, who shall cause sucL' application to be processed and signed by the afore- mentioned department heads. .~ "-,, ~ ,~ o . /i -' B. If such application meets the requirements of this Article) the Village Manager shall issue a carnival permit to such applicant and shall send a duplicate copy of such permit to the Village Clerk) otherwise he shall deny same. However) prior to the issuance of any such permit the Village Manager shall receive a fee of $50.00 per day for each day of operation with a minimum fee of $200.00; which fees shall be turned over to the Village Treasurer. Section 11.1013. Revocation Or Sus1ension Of Permit. Any permit issued under the terms 0 this Article may be suspended or revoked by the Village Manager whenever it shall appear to the Village Manager that the carnival for which the permit was granted or any portion of such carnival) is conducted) maintained, done) or performed contrary to the regulations and application hereinbefore set forth, or in violation of any other applicable ordinance of the Village of Mount Prospect or statute of the State of Illinois. Section 11.1014. Penalty. Any person violating or resisting or opposing the enforcement of any of the provisions of this Article; where no other penalty is provided) shall be fined not less than $25.00 nor more than $500.00 for each offense. Every day such viola- tion shall continue shall constitute a separate and distinct offense; and any operator, contractor) or land owner who shall erect) construct, or operate any carni- val in violation of the provisions of this ALticle shall be liable for the penalties provided and imposed by this Section. " SECTION TWO: That Sections 11.102 and 11.104 of the Municipal Code of tIDunt Prospect of 1957, as amended, be and are hereby further amended by deleting carnivals therefrom) so that hereafter the said Sections 11.102 and 11. lOll' shall be and read as follows: nSection 11.102. Licenses. It shall be unlawful to conduct or operate any amusement which is open to the public and for admittance to which a fee is charged;> without having first obtained a license therefor; provided that the pro- visions of this Section shall not be held to apply to those amusements which are specifically licensed by any other ordinance of the Village. Applications for such licenses shall be made to the Clerk and shAll comply with all of-the general provisions of the ordinances relating to such application. For such licenses the following fees shall be paid: I Menageries Exhibitions of inanimate objects Other amusements $5.00 per day $5.00 per day > $10.00 per daylY ;iSection 11.104. Table Games. Except as otherwise provided in this Code, it shall be unlawful to maintain or expose for public use any table games or amusement devices of any typ e . As used in this Section, the term table game or amusement device shall mean and include any device, whether controlled ..-. ~. " ..-." .-, < I i ,"" ... " by skill or chance, for the operation of a game, pastime or contest by the manipulation of a marble, sphere, or of objects or figures, or by controlling the movements of the sane or setting them in motion by n:echan1cal means." SECTION THREE: If any part or parts of this ordinance shall be held,' to be unconstitutional~ such unconstitutionality shall not affect the validity of the remaining parts hereof. The President and Board of Trustees of the Village of Mount Prospect hereby declare that they would have passed the remaining parts of this ordinance if they had known that such part or parts hereof would be declared unconstitational. SECTION FOUR: 'Ihat this ordinance shall be in full force and effect from and after its passage~ approval, and publication in the rmnner provided by law. AYES: 5 NAYS: 0 PASSED AND APPROVED THIS 17th DAY OF NOVEMBER~ 1970. ~~;7 ') ~/ .. .. VJ. : S dent ATrEsr : ~~