HomeMy WebLinkAboutOrd 2266 11/17/1970
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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.
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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'....
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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
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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
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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.
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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.
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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
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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.
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