46-77 Amend 725.06 Business - portable amusement rides

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ORDINANCE NO. 46-77 BY: Messrs. Magnotto, McBride, Salmon, Sinagra, Usher, Brockman, Chinnock AN EMERGENCY ORDINANCE to amend and to supplement Section 725.06 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood relating to portable amusement rides or devices. WHEREAS, this Council is of 'the opinion that part of the provisions of Section 725.06 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood, as presently enacted, requiring the Building Commissioner to determine that all portable amusement rides or devices are in safe operating con- dition might, under certain circumstances, give rise to litigation in which the City might be involved as a party, and WHEREAS, for such reason this Council deems it imperative that such language be deleted from the provisions of Section 725.06 of said ~Code, and WHEREAS, it is necessary in order to enable the Building Commissioner to make the proper inspection of the portable amusement rides or devices, that such rides or devices be set up and ready for operation and the Building Commissioner notified accordingly at least eight hours prior to the commencement of the operation of such.-rides or devices, and WHEREAS, said section ought to be supplemented accordingly, and WHEREAS, this Ordinance constitutes an emergency measure providing for the immediate preservation of the public safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 725.06 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood now reading as follows: 725.06 PORTABLE AMUSEMENT RIDES; PERMIT ISSUANCE The Permit Clerk, upon the payment of a permit fee of Ten Dollars ($10.00), shall issue a permit pursuant to the provisions of this Chapter and such application, upon determination by the Building Commissioner that the applicant is in compliance with Ohio Revised Code 1711.11 (H) and all Ohio Department of Agriculture rules and regulations relating thereto; that each ride(s) or device(s) proposed to be operated by the applicant bears a current seal or emblem issued by the Ohio Department of Agriculture; that a temporary electrical permit has been issued to the applicant; and that all ride(s) or device(s) are in safe operating condition. be and the same is hereby amended and supplemented to read as follows: 725.06 PORTABLE AMUSEMENT RIDES; PEP~IT ISSUANCE The Permit Clerk, upon the payment of a permit fee of Ten Dollars ($10.00), shall issue a permit pursuant to the provisions of this Chapter and such application, upon determination by the Building Commissioner that the applicant is in compliance with Ohio Revised Code 1711.11 (H) and all Ohio Department of Agriculture rules and regulations relating thereto; that each ride(s) or device(s) pro- posed to be operated by the applicant bears a current seal or emblem issued by the Ohio Department of Agriculture; that a temporary electrical permit has been issued to the applicant. Each applicant shall have each such portable amusement ride(s) or device(s) set up and installed so as to be ready for an inspection by the Building Commissioner not less than eight (8) hours prior to the commencement of the operation of such ride(s) or device(s).