Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
Public intoxication, CO 605.13
Unlawful discrimination, CO Ch 667
The following terms shall be defined, for the purposes of this chapter, as follows:
(a) "Karting park" means and includes the entire area wherein the operation and maintenance of any miniature vehicle, go-kart or quarter-midget rides are conducted, and where a fee or charge is exacted either for the operation of the rides or for the witnessing of the operation of the rides.
(b) "Ride" means and includes any miniature, go-kart or quarter-midget vehicle powered by an internal combustion engine, having the general design and appearance of an automobile, or chassis having one or more seats for a driver or passenger, and which may be operated and guided about by a steering device and controlled exclusively by a person riding in the vehicle.
(c) "Karting track" means and includes any area designed and set aside for the primary purpose of operating one or more rides.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
No person, firm or corporation, whether operating in conjunction with an amusement park license or whether operating alone shall engage in the business of operating a karting park in the City, as defined in Section 691.01, without first obtaining a license to do so.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
Application for such license shall be made in writing to the Commissioner of Assessments and Licenses upon such forms as he shall prescribe.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
Each application for a license shall be referred to the Director of Public Safety for investigation and report on the character and experience of the applicant, and on the safety of the karting park and its rides; and to the Commissioner of Building for investigation and report of the compliance of the karting park with the requirements of the Building Code of the City.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
Each karting park and its rides shall be subject to inspection for conformance with law and ordinance at any time during the hours of operation by representatives of the Department of Public Safety or the Division of Building.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
Based on the report on the character and experience of the applicant, the safety of the karting park and its rides, the compliance of the karting park with the building and zoning regulations, and all regulations applicable thereto, the Director of Public Safety shall endorse his approval or disapproval on the application.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
If such application is approved by the Director of Public Safety, the Commissioner of Assessments and Licenses shall issue a license thereunder upon payment of a fee of one hundred twenty-five dollars ($125.00) per quarter, commencing on January 1, April 1, July 1 and October 1 of each year.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
Every licensee shall deposit with the Commissioner of Assessments and Licenses a bond in the penal sum of five thousand dollars ($5,000) with a solvent and responsible surety company authorized under the laws of the State as surety thereon, acceptable to and approved by the Commissioner and Director of Law, conditioned upon the faithful observance by the licensee, his agents, employees, concessionaires and lessees of all of the provisions of law and ordinance relating to the operating of karting parks, and further conditioned that the licensee will indemnify any person who has secured a judgment based upon damage or loss, other than personal injury or death, by reason of the operation of such karting park, the aggregate liability of such bond not to exceed the penal sum thereof.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
Every licensee shall deposit with the Commissioner of Assessments and Licenses a policy of liability insurance acceptable to and approved by the Commissioner and the Director of Law indemnifying the licensee for its legal liability for injury or death by reason of the carelessness or negligence of the licensee, his agents, employees, concessionaires or lessees, to one person up to the sum of ten thousand dollars ($10,000) and to more than one person in any one accident up to the aggregate sum of one hundred thousand dollars ($100,000).
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
Such bond and policy of liability insurance shall each contain a provision obligating the surety or insurance company to give ten days' written notice to the Commissioner of Assessments and Licenses before cancellation of such bond or policy.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
If at any time, in the judgment of the Commissioner of Assessments and Licenses, such bond or policy of insurance is not sufficient for any cause, the Commissioner may require the licensee to replace such bond or policy with another approved by the Commissioner and the Director of Law.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
Any licensee who is a self-insurer and maintains an insurance fund adequate in the judgment of the Director of Finance to meet the requirements of the liability insurance set forth herein shall not be required to furnish a policy of liability insurance.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
(a) No person shall operate any ride nearer than 150 feet from any point on the boundary line of the property constituting such karting park, or nearer than 300 feet from any adjacent land in a residence or retail business district as designated in Chapter 335 of the Codified Ordinances. However, in the case of a karting park in existence at the time of the adoption of this section the distance requirements specified herein shall not apply to any rides in their several existing locations on the date of the adoption of this section, and such distance requirements shall be subject to modification by the Board of Zoning Appeals in the case of proposed additional rides, substitutions or changes in location of or other changes pertaining to existing rides in such existing karting park.
(b) No person shall operate any karting park unless the outer circumference of the karting track is encircled with a fence at least four feet high and at least five feet outside such circumference, to be constructed of sufficient strength to withstand impact of rides and pressure from spectators.
(c) No person shall possess any alcoholic beverages within any karting park.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
No person shall operate a karting park unless:
(a) Arrangements have been secured for immediate ambulance service when necessary operated by registered medical personnel.
(b) Immediately adjacent to the outside and inside perimeter of the karting track there is encircled a barrier or hubrail of strength sufficient to prevent rides from leaving the track.
(c) All areas of the park are protected with fire protection equipment in conformance with law and ordinance and approved by the Division of Fire.
(d) The inside circumference of the track is not less than one-tenth of a mile and its surface is level, non-skid and dustproof.
(e) Illumination is provided sufficient to render the entire track area and objects thereon visible and free from shadows.
(f) Off-street parking is provided at least equal to the area within the outside circumference of the track.
(g) Hours of operation are confined to between 10:00 a.m. and 12:00 a.m.
(h) During the hours of operation, there is at least one adult representative of the management physically present at all times and responsible for its supervision and operation.
(i) All known accidents involving substantial injury are reported to the Director of Public Safety.
(j) Minors 12 years of age or less are denied admittance to the karting park after dark unless accompanied by a parent or guardian.
(k) All rides are mechanically regulated so that they may not be operated at a speed exceeding twenty-five (25) miles per hour.
(l) All rides are equipped with a braking system applied to at least two wheels.
(m) Each ride is equipped with a muffling device and front and rear bumper and roll-over bar.
(n) Refueling is conducted with the engine of the ride off, the capacity of any fuel tank of any ride is not more than one gallon and the capacity of any fuel supply tank on the premises is not more than five gallons unless stored underground or in a method approved by the Division of Fire.
(o) Such park has prominent and visible signs posted regarding safety and rules of operation of the track.
(p) Such park has a Park Personnel give verbal directions regarding safety and rules of operation of the track by megaphone or other amplification system at the start of each ride.
(q) At any overseer's observation station, such park shall provide a megaphone, flashlight and a fire extinguisher, each of which shall be maintained in good working order.
(r) Such park shall provide and maintain a movable barrier in front of such park's garage, if such garage is open during track operation and is adjacent to the track.
(s) Such park shall provide and maintain a barrier or barriers preventing access to the track area by patrons, spectators and the general public.
(Ord. No. 2840-85. Passed 4-14-86, eff. 4-21-86)
No person shall cause or allow the following practices on any karting park:
(a) The operation of any ride, when any part of such ride is nearer than 100 feet to a public street or highway, or to an inhabited dwelling. If there is, within 150 feet of any such ride, an inhabited dwelling, the music, whether made by organ whistle or bell, shall be permitted only during the hours from 2:00 p.m. to 9:00 p.m. No person shall continue any such music beyond the hour of 9:00 p.m. or commence the same earlier than 2:00 p.m. At his discretion, the Director of Public Safety may grant a permit authorizing the continuance of such music during the hours therein prohibited nearer than 150 feet to an inhabited dwelling and also permitting the operation of any of the rides hereinbefore described nearer than 100 feet to a public street or highway or to an inhabited dwelling. In either event, such permit shall be for not more than two days in any calendar month.
(b) The operation of rides in competition, racing or cutting in and out of rides.
(c) The operation of rides by operators who are under the age of eight (8), or whom the management finds are unable to operate the ride safely.
(d) The operation of rides not owned by the management.
(e) The operation of rides when any snow or ice is on the track.
(f) The operation of any ride on the premises that is both over five horsepower and exceeds the minimum horsepower of commercially available karts.
(g) The operation of rides by operators where safety helmets have not been made available to operators.
(h) The operation on the premises of any ride that is both over five horsepower and exceeds the minimum horsepower commonly commercially available.
(Ord. No. 2276-A-84. Passed 10-7-85, eff. 10-8-85)
No person shall be refused admission to or be denied any of the karting opportunities afforded by any karting park as herein defined, except for reasons common to all other persons. In no event shall any person be discriminated against in the enjoyment of such karting opportunities and facilities because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.
(Ord. No. 77-94. Passed 3-14-94, eff. 3-23-94)
(a) If the licensee fails to comply with any of the terms and conditions of this chapter or any of the laws or ordinances relating to the business licensed, other than the prohibition against discrimination contained in this chapter and in the civil rights statutes of Ohio, the Commissioner of Assessments and Licenses upon the recommendation of the Director of Public Safety may suspend or revoke such license.
(b) If any licensee hereunder has been convicted of violation of the civil rights statutes, or if judgment has been obtained against such licensee because of such violation, the Commissioner shall revoke the license and no license shall be issued to any such licensee or any license applicant at that location until the expiration of at least six months from the date of revocation.
(c) Upon the complaint of alleged discrimination on the part of any licensee, the Director, if satisfied after investigation that such complaint is valid, may recommend the suspension of the license, and thereupon the Commissioner shall suspend such license for a period of not less than thirty days nor more than six months.
(d) The order of the Commissioner revoking or suspending a license shall become effective forthwith, except that in the case of violation of the civil rights statutes or the anti-discrimination provisions of this chapter, such order shall become effective at the expiration of ten days from the issuance thereof.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Commissioner within ten days after making of such order. The Board, within fourteen days after filing with the Commissioner of such notice of appeal, shall proceed with the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul such order from which the appeal has been perfected, and the finding of such Board shall be final on all parties thereto.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)
No person, partnership or corporation shall exhibit to the public or to spectators in the City, for money or other reward demanded or received, any motorcycle operation, speeding or racing in any stadium or motordrome having a saucer track, unless such saucer track has constructed entirely around its rim or periphery, a metal screen or shield placed at such angle toward the center of the stadium or motordrome as will effectually prevent a motorcycle, at whatever speed operated or however directed, from passing beyond the rim or periphery of the track and into the portions of the motordrome or stadium designed or used for the accommodation of spectators. Such screen or shield shall be of such strength and so braced by metal supports that a motorcycle cannot break through it any place. The width of the screen or shield, the kind of material used in its construction and the angle of its direction toward the center of the course, shall all be such as are approved by the Commissioner of Building and such as will in his judgment, accomplish the purpose of safety to the public intended by this Section.
Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor and fined not more than fifty dollars ($50.00) for the first offense and for a second or subsequent offense not more than five hundred dollars ($500.00), or imprisoned not more than thirty days, or both. Each day's violation constitutes a separate offense.
(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)