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HomeMy WebLinkAboutCC Ord 557 1960-03-15 1 2 I 3 4 5 6 7 8 9 10 11 12 ~ 13 ~ .. III ! c 14 ~ 9- I" a~ 15 =!!:~ ~..:J _c' .."" .. . w 16 ':1: a ~Ij~; 17 :i~'.!I! 00( GIS U.l .. Z ..:l ~9 18 Jilil 5 t:l .. ::il 19 -< U.l 20 21 22 23 24 26 27 I 28 29 30 31 32 PA13E . . . , . ORDINANCE NO. J.f.:l AN ORIXNANCE OF THE CITY OF SEAL BEACH PROVIDING FOR REGULATION OF TRAMPOLINE CENTERS AND PROVIDING THAT THIS ORDINANCE BE ADOPTED AS AN EMERGENCY MEASURE. The City Council of the City of Seal Beach does ordain as follows: SECTION Ii UNLAWFUL OPERATION. It shall be unlawful for any person, partnership or other association of individuals, or corporation to do or cause to be done, directly or indirectly, any of the following acts, to-wit: (a) construct, install, maintain or operate any trampoline cent!lr-' unless and until a permit for such maintenance and operation has been issued in accord with the provisions of this o:t"dinance; (b) ;construct, install, maintain or operate any trampoline center otherwise than in accord with the regulations prescribed by this ordinance. SECTION 2: DEFINITIONS. As used in this ordinance the following words and phrases are defined as follows: (,'t "Trampoline": Any trampoline, rebound or recoil tumbling mat or net, bounce-mat or bounce-net, or any similar rebound or recoil devise or apparatus of any type of construction or installation designed or used by any person for bouncing, springing, acrobatic tumbling, gymnastic activity, or any other amusement, recreational or athletic purpose; (b) "Trampoline center": Any recreational, amusement or athletic facility open to the use of the general public within or upon which any trampoline is installed, maintained or operated for such use and irrespective of whether or not a charge is made for the use of any trampoline with or 25 upon such facility; (c) "Authorized officer": The Director of Public Service of the City of Seal Beach and any employee of the City of Seal Beach acting by and with the authority of said Director of Public Service. (d) "Permit": A permit to maintain and operate a trampoline center issued under the provisions of this ordinance and which permit shall be separate and distinct frOm any other business license or permit which may otherwise have been issued for the conduct of any business. -1- Ordinance Numb~r 1 (e) "Operator": The individual in control of the management and I 2 operation of a trampoline center, or any person acting by and with the 3 authority of the person so in control. 4 (f) "Proprietor": The proprietor of the business of maintaining and 5 operating a trampoline center. 6 (g) "Open to public use": Any trampoline which by permission of the 7 operator is used by, or subject to the use of, any member of the general 8 public. Nothing herein contained shall be construed to prevent the operator 9 at his discretion from at any time closing to public use one or more trampolines 10 with or upon any trampoline center upon which at the same time other 11 trampolines are open to public use. 12 SECTION 3: APPROVAL OF PLANNING COMMISSION. The authorized z z -< 13 officer shall not approve any application and the License Collector of the :ll .. ~ ~~ 14 City of Seal Beach shall not issue any permit under the provisions of this lrol iI: ; ~; 15 ord inance until the application is approved by the Hanning Commission of the "'~1lI ! i ~ 16 City of Seal Beach. Such approval shall be given by said Commission only if lIliU~ :i ~ '''!i! 17 and when, to the satisfaction of the commission, the application complies o~G.. rn~IIIZ ~ ~ 9 18 in all respects with all land use and planning regulations of the City of Seal t:l .. ::il 19 Beach. -< U.l 20 SECTION 4: APPLICATION FOR PERMIT: (a) Application for a 21 permit shall be made in writing to the authorized officer upon such form as 22 shall be prescribed by him subject to the provisions of this ordinance. 23 (b) The application shall be made and signed by the operator and 24 shall bear a certification or declaration as provided by Section 2015.5 of the 25 Code of Civil Procedure of the State of California. 26 SECTION 5. CONTENTS OF APPLICATION. -(a) t:pon the application J, 27 the applicant shall specify the following: 28 (1) 29 (2) 30 (3) 31 proprietor; Location of the proposed trampoline center; Land use zone in which the location is situated; Name and address of the principal place of business of the 32 (4) Proprietor's business structure; PA13E -2- Ordinance Number 1 2 (5) Name and address of the operator; (6) Name and address of the owner of the real property upon which I 3 the trampoline center will be located; 4 (7) Proprietor's interest in said real property; 5 (8) Nature of installation, viz: (i) open ground; or (ii) enclosed 6 within roofed building or other structure; 7 (9) Number of trampolines to be installed and operated. 8 9 (b) The application form shall contain a statement which shall contain 10 the certification or declaration provided for in Paragraph (b) of Section 4 and 11 which statement shall be in the following words: Attached hereto and made a 12 part of this application by specific references are the plans and specifications z ~ 13 for the center. :ll .. ~ ~~ 14 SECTION 6. PLANS. (a) Applica.t. shall attach to and file with rol1il: ; ~:: 15 the application detailed plans,each sheet of which shall be identified by the ~..:J =~.. I i ~ 16 signature of the applicant. III z ii ~ 9 :i~~=il17 (b) The authorized officer shall not receive or file any application o~ s..:I: tlI......,z ..:l ~ 9 18 unless or until said plans are attached thereto. Jilil 5 t:l . ::il 19 (c) All plans shall be drawn to scale of a ratio of not less than one- -< U.l 20 eighth inch to the foot. 21 (d) The plans shall detail all construction and installations in and upon 22 the trampoline center with respect to all of the following: 23 (1) Ground-plan or floor-plan layout which shall clearly indicate all 24 the following: 25 (i) Size and location of all trampolines; size shall be indicated 26 by the overall dimension of the frame of the trampoline; 27 I 28 rampolines; 29 (iii) Location and height of all fences, walls or other barricades (ii) Size and location of all padding covering the framework of all 30 r partitions in or upon or enclosing the trampoline center; 31 (Iv) If the center is installed within the enclosure of any 32 uilding, the floor-plan shall indicate by notation thereon the net overhead PA13E -3- I ~ -< :l!I .. :!l ~ c '" .- 1Jililil:;!:: ~..~ =~L\I .. . w ':1: a =Ii!il; .D~WW 17 Z.. ~":I: o!::a.. rn....l'lIz ..:l ~ a r:.:1 :;'" t:l . :l!I -< U.l Ordinance Number 1 distance between the mat or net of the trampoline and the ceiling or roof 2 overlaying the same; 3 (v) Location and height of all poles bearing illumination 4 fixtures; number of lights per pole and wattage per individual light; 5 (vi) Location and height of all power line poles, other than poles 6 bearing illumination fixtures; 7 (Vii) Course and minimum height of all overhead electric 8 wiring with indication of all voltages carried thereby; 9 10 11 (viii) Size and location of any ticket office, observation booth or any other building or structure of similar use; (ix) Size arid location of all benches, chairs, settees, binges, 12 tables, counters, bleachers, grandstands, or other furniture, or installations 13 for the seating or other accomodation or use of any person; (x) Size and location of all entrances and exit's;. 14 15 (xi) Size and location of all off~street parking; (xii) Layout of public address system and specification of 16 18 wattage rating of amplifier; (xiii) Size and location of all other buildings, structures or 19 installations, real or personal, constructed, installed or being within or upon the trampoline center. 20 21 22 23 24 25 26 27 (2) Elevation plan which shall cle arly indicate all the following: (i) Cross-section detail of pit-type trampoline installation; (ii) Design of any ticket office or booth, observation booth or any building or structure of similar use; (iii) Design of any other building or other structure or installation designed or used for any occupancy for any purpose by any person. SECTION 7. SPECIFICATIONS. (a) Applicant shall attach to and I 28 file with the application detailed specifications, each sheet of which shall 29 be identified by the signature of the applicant. 30 (b) The authorized officer shall not receive or file any application 31 unless or until said specifications are attached thereto; nothing herein 32 provided shall be deemed to prevent the applicant from attaching to the PA13E -4- I ~ -< :l!I .. III ! c = 9- IJilil~iii .. a~ Ii~" il",:J ...3" . . w ':l:U =Ii~; z~.,.~ o~G.. OO....IIZ ..:l ~ 9 Jilil 5 t:l .. :l!I -< U.l I PA13E Ordinance Number 1 application one C!IIl" more combined plan and specification sheets provided all 2 of the requirements of Sections. 5 and 6 clearly appear upon any such combined ;3 plan and specification sheet or sheets. 4 5 6 7 (c) The. specifications shall detail-all the following,. (i) Type of trampoline; (ii) Type of trampoline padding; (iii) If other than pit-type installation detailed under Section 6, 8 detail of support of trampoline and manner of screwing to ground and/or floor; 9 10 11 12 13 (iv) Type of all materials; (v) Illumination; (vi) Public address system; (vii) Ground and/or floor surfacing, including off-street parking; (viii) Type of anJiV other equipment or other installation not 14 otherwise particularly mentioned herein; 15 (ix) Any further specification or plan which the authorized 16 officer may reasonably require in order to enable him to determine compliance 17 with the provisions of this ordinance. 18 (x) Whenever any manufacturer's specification is on file with 19 the authorized officer reference to same may be made by manufadlurer's 20 name and model number or name or other particular designation and without 21 further specification; if ,manufacturer's specification is not on file with the 22 authorized officer the applicant may file same with said officer and thereafter 23 make reference to the same as hereinabove provided. 24 SECTION 8. ACTION UPON APPLICATION. (a) The authorized 25 officer shall forthwith transmit the application to the Planning Commission 26 for its consideration of the propriety of the application with respect to all 27 land use and/or planning regulations of the City within the jurisdiction of 28 said commission. The commission shall either approve or disapprove 29 the application in conformity with such regulations and jurisdiction. If the 30 31 commission rejects the application upon grounds of failure to comply with such land use or planning regulations, the commission shall forthwith endorse such rejection upon the application and return the same to the 32 -5- I ~ -< :ll .. III !c = 9- Iro1~iii .. a~ =!!:~ ~..~ =~" .. . W .:l:U ~liH; ZE~.~ o ~ G.. m.....z ..:l ~ 9 III ; t:l .. :l!I ~ 26 27 I 28 29 30 31 32 PA13E Ordinance Number 1 authorized officer and thereafter the authorized officer shall take no further 2 action upon the application other than to advise the applicant of such rejection 3 by said commission. 4 (b) If the Commission approves the application with respect to the 5 administration of land use and planning regulations within its jurisdiction it 6 shall forthwith approve the application and endorse its approval thereon and 7 return the application so endorsed to the authorized officer. 8 (c) Upon receipt of any application so approved by the 'planning 9 commission the authorized officer shall thereupon consider said application 10 in all other respects as required by this ordinance and shall endorse upon 11 the application either (1) his approval of the plans and specifications; or (2) 12 his rejection of the same. 13 (d) If the plans and/or specifications do not comply in all respects with 14 the construction and installation requirements provided by this ordinance, 15 the authorized officer shall reject the application. 16 (e) If the application is rejected by the authorized officer under the 17 provisions of Paragraph (d) of this section, he shall state in writing to the 18 applicant the reasons for such rejection; in the event of any such rejection 19 upon the ground of the failure of the plans and/or specifications to comply 20 with the requirements of this ordinance, the applicant ,may amend the same 21 to comply with such requirements and the authorized officer shall thereafter 22 consider any such amendment and shall act upon the application, as amended. 23 (f) Upon the approval of any application, one copy of the plans 24 and specifications, and any amendment thereto, shall remain on file in the 25 office of the authorized officer. SECTION 9. ISSUANCE OF PERMIT. (a) Upon approval by the authorized officer of the location and the plans and specifications he shall transmit the application, endorsed with his approval, to the applicant. (b) The applicant may thereafter file said application with the License Collector of the City;at the time of such filing the applicant shall pay to said officer the fee required by this ordinance. (c) Upon the filing of such approved application and the payment of such -6- I z z -< :ll .. III ! c P=l ~- r>lil:5i Itgi ~...,. =~L'lI .. . W w!::I:U ~I=~; ZO!t.1II O~ s..:I: tIJ...."Z ., Wa '" .... III 5 t:l .. :l!I -< U.l 24 25 26 I 27 28 29 30 31 32 PAGE .. Ordinance Number 1 permit fee, the License Collector shall refer the matter to the City Council 2 and the City Council shall issue to the applicant a permit for the operation 3 and maintenance of a trampoline center unless the Council finds and 4 determines, after a public hearing, that the granting of such a permit would 5 be detrimental to the public peace.. health, safety or welfare of the City 6 and/or its citizens. 7 SECTION 10. PERMIT. (a) The per~it shall be in such form as 8 shall be prescribed by the License Collector. 9 (b) All permits shall be issued under the provisions of this ordinance 10 and shall expire at the close of the 31st day of December of the year of 11 issuance. 12 (c) No permit issued hereunder shall authorize or permit the 13 operation of any trampoli'ne center except in accord with the plans and 14 specifications thereof on file with the authorized officer. 15 SECTION ll. AMENDED PERMIT. (Ii) No permittee shall construct, 16 install, maintain or operate any trampoline center except in accordance with 17 the plans and specifications filed with the application and upon which the 18 permit has been issued. 19 (b) Any permittee desiring to alter the design, construction or 20 installation of any trampoline center for which a permit has been issued shall 21 make application for such alteration in the same manner as upon an original 22 application and thereafter all proceedings shall be taken and had as upon the 23 original application. SECTION 12. RENEWAL OF PERMIT. A Permit issued hereunder ay be renewed by the permittee upon the application for such renewal to the License Collector; application for such renewal shall be in such form as prescribed by said officer and may be made on or after the J::st day of ecember of the year of the issuance of the permit to be renewed and the icense Collector shall refer such application for renewal to the City Council ho shall issue the permit unless the City Council finds, after a public hearing, hat such renewal will be detrimental to the public peace, health, safety or elfare of the City or its citizens. -7- . Ordinance Number 1 SECTION 13. PERMIT FEES. (a) The License Collector pf the 2 City shall charge and collect in advance the following permit fees: I :3 4 5 6 (1) For the issuance of an original permit: $40.00; (2) For the issuance of an amended permit: $20.00; (3) For the renewal of a permit: $10.00; . ) (b) There shall be no proration of any permit fee for any 7 portion of a calendar year and no refund for any reason of any portion of any 8 permit fee paid. 9 SECTION 14, CONSTRUCTION AND INSTALLATION REGULATIONS. 10 (a) A s used in this section the terlllll "approved type" or any connotation 11 thereof shall refer to approval by the authorized officet'o 12 (b) Construction and installation regulations are prescribed as Z ~ 13 follows: :ll .. ~ ~ ~ 14 (1) Measured from the outside dimension of the frame, the IIlil iI:: I i 15 minimum distances betweeen trampolines shall be: End-to-end (longitudinal): =~.. I i ~ 16 10 feet; Side-to-side (latera1): 6 feet. ~Ii~; :i~~=!i! 17 (2) All trampoline frames shall be completely and securely o~G.. oo....l'Iz ~ ~ 9 18 covered with padding of approved type construction and dimension. t:l .. :l!I 19 (3) No structure or any part thereof, and no other object of any ~ 20 kind or description, excep t trampoline frame padding, shall be erected, 21 placed or maintained on the surface of the ground and/or floor of any 22 tampoline center within any of the following distances measured from the 23 outside dimension of the frame of any trampoline, to-wit: 24 (i) Within an extension laterally of the end-lines of the frame 25 of the trampoline: 6 feet; 26 (ii) Within an extension longitudinally of the side-lines of the 27 frame of the trampoline: 6 feet; I 28 (4) Any ceiling, roof or other covering overlaying any trampoline 29 shall be not less than 20 feet above the rr.at or net of the trampoline; 30 (5) With reference to any pit-type installation of any trampoline, 31 the pit shall be excavated, constructed and maintained to provide a shelf or 32 ledge beneath all springs, elastic bands or other recoil or rebound mechanism PAGE -8- I z z -< :l!I .. III !c = 9- Iro131iiL ~H . . W .:l:U ~Ii~; Z~~.!i! Oc&~ U.l ~ a ~ s" t:l .. :l!I -< U.l I PA13E . . Ordinance Number 1 attached to the mat or net and which shelf or ledge shall be positioned and 2 dimensioned as follows: not less than 12 inche s nor more than 16 inches ;3 below such recoil or rebound mechanism and of a width sufficient to extend 4 laterally below all of such recoil or rebound mechanism plus 4 inches within 5 and below the parimeter of the mat or net. All other portions of the pit 6 beneath the mat or net shall be excavated, constructed and maintained to a 7 depth of 36 inches with a downward slope and end slope of approximately 8 one-to-one from the inner edge of such shelf or ledge. 9 (6) All trampolines other than pit-type installations shall be firmly 10 secured to the ground or floor. 11 (7) Any ticket office, observation booth or other structure of similar 12 purpose and use shall be designed with sufficient sash and/or sash-and-door 13 combination to provide to any occupant of any such structure a clear and 14 unobstructed view of the entire trampoline center; provided, further, that any 15 such structure shall contain not less than 24 S!quare feet of clear glass the 16 sills of which shall be located at the above-floor height of 3 feet 2 inches on 17 at least 3 sides of any such structure. 18 (8) Any trampoline open to public use between the hoUl's of one hour 19 after location sunset to one hour before location sunrise shall be illuminated 20 with a light intensity of not less than 10 foot candles at the level of the 21 trampoline mat or net. 22 (9) There shall be installed and maintained upon every trampoline 23 center a public address system of sufficient capacity, design and volume to 24 provide at all times a voice-transmission clearly audible to all persons 25 within and upon the trampoline center; Such public address system shall 26 be operated at all times for the primary purpose of directing and controlling 27 the activities of all persons within and upon the center. The operating sound 28 level of such public address system shall be at no time more than 20 decibels 29 measured at 50 feet at any point beyond the perimeter of the trampoline 30 center. 31 (10) The perimeter of all of a trampoline center, excluding that part 32 thereof provided for off-street parking, shall be enclosed with an approved -9- z z -< :ll . ~ ~ ~ 14 Iro1i1:~h 15 Sa" I i ~ 16 =Iia; :ia~... 17 o~ s..:I: m'" "z ..:l ~9 18 Jilil S t:l . :l!I -< U.l I I PABE . Ordinance Number 1 type fence. 2 (ll) As an integral part of every trampoline center there shall be 3 provided an area for the off-street parking of motor vehicles the parking 4 capacity of whic1l. area shall be one adequate parking space for each trampoline 5 installed within or upon the trampoline center. Adequate areas of ingress 6 and egress shall be provided for each parking space. A II such off~street 7 parking areas and ways of ingress and egress shall be constructed and 8 surfaced in accord with accepted standards prevailing in the area in which 9 the trampoline center is located. 10 (12) The operator shall have and keep upon the premises a guard 11 at all times when the center is closed to the public, such guard to be approved 12 by the Chief of'. Police of the City of Seal Beach. 13 SECTION 15. GENERAL OPERATING REGULATIONS. (a) In addition to the unlawful actions defined by Section 1 of this ordinance, it shall be udawful for any individual member of the general public to use any trampoline 19 in or upon any trampoline center or be in or upon any trampoline center otherwise than in accord with the regulations prescribed by this ordinance or such other and further regulations as may be prescribed by the City Council. (b) Operating regulations governing the use of any trampoline center 20 by any member of the general public are hereby prescril:2d as follows: 21 (1) No child under the age of 2 years shall use any trampoline at 22 any time; 23 (2) No child over the age of 2 years and prior to the attainment 24 of the age of 6 years shall use any trampoline except when in the immediate 25 presef}ce of and within the view of a parent or legal guardian; 26 (3) No person shall use or perform upon any trampoline otherWise 27 than in accord with accepted gymnastic practice relating to such use or 28 performance;..; 29 (4) No person, other than a person actually performing upon a 30 trampoline, shall stand, lie or otherwise be within any of the distances from 31 the frame of any trampoline as prescribed and delineated by the provisions 32 of Section 14; the provision of this paragraph shall not apply to the operator -10- Ordinance Number I 1 of a trampoline center or any trampoline supervisor or spotter. 2 (5) No individual shall use or perform upon any trampoline except 3 in the presence of and under the supervision and direction of a trampoline 4 supervisor; any and all persons using or perforn:.ing upon any trampoline 5 in any trampoline center shall accede at all times to the direction and 6 control of the trampoline supervisor. 7 SECTION 16. TRAMPOLINE SUPERVISOR. (a) A trampoline 8 supervisor is defined to mean an individual of good moral character and 9 physical fitness trained and experienced in the use of and performance upon 10 a trampoline. 11 (b) The training and experience qualifications of a trampoline 12 supervisor shall be such as prescribed by resolution or minute order adopted Z ~ 13 by the City Council. )l .. ~ ~~ 14 (c) A trampoline supervisor shall at all times be the qualified holder r>1i1:si Ii ~! 15 of the Standard First Aid Certificate of the American Red Cross. li~ 16 SECTION 17. SUPERVISION OF TRAMPOLINE USE. (a) Any p:tli~; Z~'''!I! 17 trampoline open to public use shall at all times be under the immediate and o ~ G.. oo......z ~ ~ 9 18 continuous supervision, direction and control of a trampoline supervisor. t:l . ~ 19 (b) It shall be the duty of the trampoline supervisor to supervise, U.l 20 direct and control the public use of any trampoline within or upon any 21 trampoline center. (c) The duty hereby imposed upon the trampoline supervisor shall not 22 23 24 25 26 27 I 28 29 30 31 32 PA13E be construed to prohibit such supervisor from doing or performing other r additional acts or duties within and upon a trampoline center; provided expressly, however, that no such other additional activity or duty shall in ny manner or degree limit, restrict or otherwise infringe upon the duty of the Illmpoline supervisor as imposed by the provisions of Paragraphs (a) and (b) f this section. (d) Whenever any trampoline is open to public use upon any trampoline enter there shall be on continuous duty therein one or more trampoline upervisors; the required number of such supervisors is prescribed as follows: (1) 12 trampolines or less open to public use: one supervisor; -ll- I 8 9 10 11 12 ~ 13 -< :l!I .. III !c 14 ~ ~- ii' ~g:: 15 il..:J ..~Ii 16 .. . w ':1: a ~Ii~; 17 i~-=II~ oO(fi~ U.l wa 18 ..:l .... III S t:l .. :l!I 19 ~ 20 I PAGE , . Ordinance Number ., 1 (2) For each additional 12 trampolines open to public use, or any 2 fraction thereof: one additional supervisor for each such additional 12 3 trampolines or any fraction thereof. 4 (e) Whenever one or more trampolines upon any trampoline center, 5 are closed to public use the trampolines s9 close,d to' such u'se shall be 6 separated from the trampolines open to public use in such appropriate manner 7 as shall deny access by any person to the area within or upon which are loc ated the closed trampolines; whenever anyone or more trampolines are so closed to public use the operator shall deny access to such closed area by any person other than the agents or employees of the operator. SECTION 18. ADDITIONAL REGULATIONS. The City Council by resolution or minute order may prescribe such additional regul ations as it may in its discretion deem appropriate for the protection of the public safety and welfare with reference to the maintenance and operation of a trampoline ceoter aod within the purview of the intents and purposes of this ordinance. SECTION 19. INSURANCE. No tramp:line center shall be maintained or operated unless or until there is in full force and effect and covering the operations of the same a policy of public liability and property damage insurance issued by a duly authorized insurance carrier and insuring such operations wi thin minimum public liability limits of $100,000/300,000 and 21 property damage limit of $5,000.00. 22 SECTioN 20. SUSPENSION OF PERMIT. (a) A permit issued under 23 the provisions of this ordinance may be suspended by the authorized officer 24 for any violation by any operator or proprietor of any provision of this 25 ordinance or for any failure by either to comply with the regulations herein 26 provided. 27 (b) Except as provided in Section 21, no such suspension shall exceed 28 a period of 30 days. 29 (c) Notice of any such suspension shall be given in writing by the 30 authorized officer to the operator. 31 (d) Service of notice of suspension may be made by personal service 32 upon the operator or by mail in the manner provided by Sections 1012 and -12- I ~ -< :l!I . :!l ! c I"ol 9- 1rolil:iiE:: ~::;:J =~.. I i ~ 16 III i i ~ ~ ZDIC.w 05fi~:I: ~ ~9 Jilil S t:l .. :l!I ~ I PAIIE . Ordinance Number 1 and following of the Code of Civil Procedure of the State of California. 2 (e) No person shall operate a trampoline center during any period ;3 during which a permit is suspended under the provisions of this ordinance. 4 SECTION 21. REVOCATION OF PERMIT. (a) A ,permit issued under 5 the provisions of this ordinance may be revoked by the City Council for any 6 wilful oriintentional violation by any operator or proprietor of any provision 7 of this ordinance or for any wilful or intentional failure or Elfusal by either 8 to comply with the provisions of this ordinance and the regulations herein 9 provided. 10 (b) Proceedings for revocation of permit shall be instituted by written 11 petition signed by the authorized officer. 12 (c) The petition shall fully set forth the grounds upon which revocation 13 of permit is sought and shall be filed with the City Clerk. 14 (d) Copy of the petition shall be served upon the operator in the 15 manner prescribed by Section 20 (d). (e) Within 10 days after service of copy of the petition upon the 17 operator, the pperator may file with said clerk a written answer to the 18 petition. 19 (f) Said clerk shall set the petit~ for hearing before the City Council 20 upon a date and time not less than 12 days nor more than 20 days after the 21 da te of service of copy of the petition upon the operator. 22 (g) Notice of date and time and place of the hearing shall be served 23 upon the operator in the manner prescribed by Section 20 (d). 24 (h) At the tim~ of such hearing the operator and the proprietor may 25 appear and be heard with or witho~t the written answer provided for by 26 Paragraph (e) of this section. 27 (i) At the time of such hearing, or upon such continuance thereof as 28 may be granted or ordered by the City Council, the said Council shall hear 29 the petition and all witnesses for or against the granting of an order of 30 revocat ion of permit. 31 (j) Except with the consent of the operator or proprietor, no 32 continuance of hearing shall be ordered by the City Council for more than 10 days -13- I z z -< :l!I .. 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Ordinance Nu~er ., 1 following the date of the original time set for hearing. 2 (k) Upon the conclusion of the hearing and within not more than 5 days :3 thereafter the City Council shall make its order granting or denying the 4 petition for revocation. 5 (1) Upon the filing of a petition for r,5")cation of permit the authorized 6 officer and the License Collector shall forthwith suspend the permit sought 7 to be revoked and such suspension shall continue in full force and effect 8 until the making of the order of the City Council provided for in Paragraph (k) 9 of this section. 10 (m) No person shall operate a trampoline center during any period 11 during which a permit is suspended under the provisions of this section. 12 (n) No person shall maintain or operator a trampoline center following an order or ;revocation of permit made and entered by the City Council 13 14 under the provisions of this section. (0) Following any such order of revocation no subsequent permit shall be issued for the maintenance or operation of a trampoline center by any proprietor or operator concerned in any such order or revocation under and 18 until the application for any such subsequent permit is particularly approved 19 by the City Council. any other provision of this ordinance to the contrary 20 notwithstanding. 21 SECTION 22. POSTING OF REGULATIONS. Notice of the 22 regulations prescribed by this ordinance or otherwise adopted by authority 23 herein contained and governing the use of a trampoline center by members of 24 the general public shall be clearly and legibly posted by the operator upon such 25 center in such conspicuous location or locations as to be clearly legible and 26 visible at all times to all such members of the general public in or upon 27 such center. 28 SECTION 23. VIOLATION A MISDEME ANOR. (a) Any person 29 violating any provision of this ordinance or who, after ten days notice of any 30 regulation adopted for the administration of a trampoline center, refuses or 31 fails to comply with such regulation, shall be guilty of a misdemeanor and 32 upon conviction thereof shall be punished by a fine of not more than $150.00 or -14- J ~ :l!I . III ! c p:: 9- If>;l~iii ~ ;JI!1i~= , il:i:J ..3;. .. . w . Z:E: U =Ii~; ZD"SIIW 05~~:I: U.l ~ a ..:l _" Jilil ~ t:l . )l -< U.l I PA13E Ordinance Numb~J:: . .; 1 by imprisonment in jail for not more than thirty days or by both such fine 2 and imprisonment. 3 (b) Each day during which any such violation or refusal or failure 4 to comply shall occur or continue shall be deemed a separate offense for 5 which separate prosecution may be had and separate penalty imposed. 6 SECTION 24. If any section, sub-section, paragraph, sentence, 7 clauae, phrase or word contained in this ordinance be declared by any court 8 of competent jurisdiction to be unconstitutional or otherwise invalid, then 9 in any such event the City Council hereby declares its intent to enact this 10 ordinance in all other lawful respects and excluding herefrom any such un- 11 constitutional or otherwise invalid provision or provisions. 12 SECTION 25. This ordinance is hereby declared to be an enactment 13 for the immediate preservation of the public health, peace and safety within 14 the purview of the provisions of Section 1651 of the Elections Code of the 15 State of California. The facts constituting the necessity of such urgency are 16 declared as follows: 17 (a) There now exists within the City of Seal Beach no legislative 18 enactments or measures establishing or prescribing any safety rules or 19 regulations for the protection of the safety and welfare of the general public 20 in its use of the facilities now offered by, and to be immediately offered by, 21 the newly established and recently developed commercial business of maintain- 22 ing and operating trampoline centers as in this ordinance more particularly 23 defined and designeted; 24 (b) Injury to members of the general public have already occurred by 25 virtue of the dangerous method of construction and installation of trampolines 26 and by the dangerous, negligent and unregulated method of operation thereof; 27 and, 28 (c) Un less immediate safety rules and regulations are enacted by 29 this legislative body for the control and elimination of such dangerous methods 30 of construction, installation and operation, the otherwise unregulated 31 construction, installation and operation and maintenance of trampoline centers 32 for the use of the general public will constitute a severe and immediate and -15- z z -< :l!I .. ~ ~ ~ 14 f:iI iI: 5 Z . lois- ~~i 15 =3" .. . w 16 -Z:l:D 1IlIii~; :ia~..w 17 o~~i:l: U.l wa ..:l .... 18 Jilil 5 t:l .. :l!I -< U.l 1- 1 .. Ordinance Number . , ~ 1 continuing hazard to the public health, safety and welfare; this ordinan ce, 2 beilng an emergency measure, shall take effect immediately upon its 3 passage and adoption by the City Council of the City of Seal Beach; the 4 City Clerk shall certify to the passage and adoption of this ordinance and 5 cause the same to be published once in the "Seal Beach Post and Wave", a 6 newspaper of general circulation, published and circulated in the City of 7 Seal Beach. 8 PASSED, APPROVED AND ADOPTED by the City Council of the 9 City of Seal Beach at a regular meeting thereof held on the /~ day of 10 ~d-, 1960. 11 12 13 ATTEST: hac~~ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -16~