HomeMy WebLinkAboutOrdinance - 2011-O0050 - Amending Chapter 16 Code Of Ordinances Inflatable Play Equpitment. - 06/09/2011First Reading
June 9, 2011
Item No. 5.24
ORDINANCE NO. 2011-00050
Second Reading
July 27, 2011
Item No. 6.2
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
USE OF INFLATABLE PLAY EQUIPMENT IN CITY PARKS; THE REGISTRATION
OF INFLATABLE PLAY EQUIPMENT RENT AL COMPANIES; ESTABLISHING
THE INFLATABLE PLAY EQUIPMENT PERMIT; RESTRICTION OF USE OF
INFLATABLE PLAY EQUIPMENT IN CITY PARKS; AND THE PLACEMENT OF
INFLATABLE PLAY EQUIPMENT IN CITY PARKS; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to make the following
amendments to Chapter 16 of the Code of Ordinances of the City of Lubbock, Texas,
with regard to the use of inflatable play equipment in City parks, the registration of
inflatable play equipment rental companies, establishing the inflatable play equipment
permit, restriction of use of inflatable play equipment in City parks, and the placement of
inflatable play equipment in City parks; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, Section 16.01.003 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
For the purposes of this chapter, certain terms are defined as follows:
Artifact. Tangible object of the past that relates to human life and culture and/or
historical object with human workmanship or association.
Inflatable play equipment. Any soft bouncing equipment constructed out of
heavy-duty vinyl or any similar material, which is laid out on the ground and
inflated with a continual flow of air to form a soft bouncing floor with walls. This
equipment is typically provided by inflatable play equipment rental companies to
renters, usually for a fee, for a variety of amusement needs, including, but not
limited to, enjoyment by children at private parties.
Inflatable play equipme11t event. Any public or private event which includes the
use of one or more inflatable play equipment structures.
Inflatable play equipment rental company. Any company, business, or individual
who, for a fee, shall offer the use or rental of inflatable play equipment to any
individuals, groups, or organizations.
Large trees. Trees which normally reach heights of fifty (50) feet and above at
maturity.
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Medium trees. Trees which nonnally reach heights of twenty (20) to fifty (50)
feet at maturity.
Park playground. A designated area consisting of activity components, including
but not limited to swings, slides and climbers placed upon a protective surface
such as mulch, sand, gravel or a rubberized material, with boundaries defined by a
perimeter border such as concrete or fencing, and/or boundaries as indicated by
s1gnage
Park trees. Trees, shrubs, bushes and all other woody vegetation on land
designated by the city as a public park, or on any land owned by the city to which
the public has free access, excluding lands which are part of the public right-of-
way.
Parkway. Any part of the public right-of-way lying between the curb or grade line
of any public street and the abutting private property line.
Pole and line. A line with a hook, attached to a pole, including a rod and reel.
Sanctioned Game. A game or activity, but not practice activities, sponsored by or
affiliated with an association, organization, league or entity with its purpose, in
whole or in part, to regulate, organize, maintain, sponsor or otherwise affiliate
itself with the sport or activity at issue or such game or activity regulated or
officiated with umpires or referees._
Small trees. Trees which nonnally reach heights not exceeding twenty (20) feet at
maturity.
Smoke. Includes the following activities:
(I) Carrying or holding a lighted pipe, cigar, or cigarette of any kind or
any other lighted smoking equipment or device;
(2) The combustion of any cigar, cigarette, tobaccos, or any similar
article or any other combustible substance in any manner or in any
fonn; or
(3) Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any
kind.
Street trees. Trees, shrubs, bushes and all other woody vegetation on land within
any public right-of-way or parkway of a thoroughfare street within the city.
Thoroughfare street. A major street of the city traffic system which is used
primarily for fast and/or heavy traffic moving large volumes at moderate speed on
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long intercity or intracity trips and designated as Tl or T2 in the city's master
thoroughfare plan in chapter 36 of this code.
SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby
amended by adding an article to be numbered Article 16.04 INFLATABLE PLAY
EQUIPMENT, which said article reads as follows:
ARTICLE 16.04 INFLATABLE PLAY EQUIPMENT
Sec. 16.04.001 Rental company registration.
Any and all inflatable play equipment rental companies must register with the City
of Lubbock Parks and Recreation Department prior to use of any inflatable play
equipment owned by said play equipment rental companies on any park. All
inflatable play equipment rental companies shall carry a minimum of$1,500,000
general liability insurance. The City of Lubbock must be listed as an additional
insured on a primary and noncontributory basis. All inflatable play equipment
rental companies shall present their current Texas Department of Insurance
inspection certificate(s) at the time of registration.
Sec. 16.04.002 Inflatable play equipment, permit required.
Any and all persons, individuals, groups, businesses or organizations that erect
inflatable play equipment on public park property must acquire an Inflatable Play
Equipment Permit and pay the appropriate permit fee. The permit fee shall be set
annually in the city's budget ordinance. If no permit fee is established by budget
ordinance, a minimum permit fee of $25.00 per event shall be charged. Said
permit shall be issued by the Director of Parks and Recreation, and it will be
subject to the approval of both the Fire Marshal and the Director of Parks and
Recreation. Only inflatable play equipment rental companies, as defined in
Section 16.01.003, shall be allowed to seek a permit under this section. The non-
permitted use of inflatable play equipment on any park shall not be allowed.
Sec. 16.04.003 Permitted parks for inflatable play equipment.
Inflatable play equipment shall only be allowed within the permissible areas of the
following designated parks:
Regional Parks
Mackenzie Park
Community Parks
Aztlan Park
Buddy Holly Recreational Area
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McAlister Park
Clapp Park
Elmore Park
Fiesta Plaza
Higginbotham Park
Leftwich Park
Mae Simmons Park
Mahon Park
Maxey Park
Sports Complexes
McCullough Park
Miller Park
Ribble Park
Rodgers Park
Stubbs Park
Woods Park
Huffman Athletic Complex Lubbock Youth Sports Complex
Neighborhood Parks
Guadalupe Park
Sec. 16.04.004 Placement of innatable play equipment.
( l) All inflatable play equipment must only be placed on park grounds in such
a manner that the safety of the children is ensured and in compliance with
the terms of this Article.
(2) Not more than one ( 1) inflatable play eq uipment event shall operate
simultaneously at a si ngle neighborhood park. No inflatable pl ay
equipment shall operate for more than six (6) hours per event. A
representative from the inflatable play equipment rental company must be
on call whi le the equipment is in use on park grounds and must be
available to immediately respond in-person if necessary. A trained
attendant must be on site whi le the inflatable is in use.
(3) No inflatable play equipment shal I be set up within one hundred ( 100) feet
of any private property. No inflatable play equipment shall be set up
within fifty (50) feet of any park playground equipment, delineated
playground area, or any body of water. No inflatable play equipment may
be set up within twenty (20) feet of any public building, portable
restrooms, street, right of way, or parking area. No inflatable play
eq uipment may be set up on any pa rk trail or recreation faci lity such as
tennis courts, basketball court or area, or picnic shelter or pavilion.
(4) To the extent available, electricity may be provided at some parks that can
be used to operate the inflatable play equ ipment. A service fee shall be
charged for such electrical use. A request and payment for electrical use
must be made to the Parks and Recreation Department at least forty-eight
hours prior to the set up of the inflatable play equipment.
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(5) Inflatable play equipment rental companies may provide their own power
source in the form of an electrical generator. The use of an electrical
generator must conform with all applicable laws, rules, and regulations,
including fire code regulations and other local ordinances. This equipment
may not be fueled on the park turf areas, but may be fueled only on the
designated park parking areas. Only the factory fuel tank installed on the
generator will be permitted. No external fuel tanks are allowed as a
potential power source.
Sec. 16.04.005 Restrictions on the use of inflatable play equipment in
parks.
(1) Inflatable play equipment shall be hand carried, or hand trucked onto and
out of parks property. In no event shall the use of motor vehicles be
permitted for the set up of inflatable play equipment in violation of this
Code or Ordinances.
(2) Play equipment with water slides is prohibited on any park property. The
use of stakes shall be permitted to secure the inflatable play equipment.
In order to minimize possible damage to the turf, the soil, or any
underground equipment, when securing the inflatable play equipment or
any other item to the ground, weights, in the form of metal plates,
sandbags, or other similarly weighted material may be used.
SECTION 3. THAT, unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 4. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
SECTION 6. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 9th day of ___ J;;_;u;;;,,;;n,;_;;e ___ , 2011.
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Passed by the City Council on second reading this 27th day of __ ...;:J...::u=l'-'-y ___ , 2011.
TOM MARTIN, Mayor
ATTEST:
APPROVED A~ CONTENT:
~,6/ Randy Truesdell, Director of Parks and Recreation
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