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05-002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. OS- OOa~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16, "PARKS AND RECREATION", ARTICLE II, "CITY PARKS AND BEACHES" BY ADDING A NEW SECTION 16-28 "BOUNCE HOUSES" TO PROVIDE FOR THE REGULATION OF BOUNCE HOUSES AND OTHER INFLATABLE PLAYGROUND EQUIPMENT AT CITY PARKS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach ("City") finds that the use of bounce houses and other inflatable playground equipment has become more ipervasive at City parks; and WHEREAS, the use of bounce houses and other inflatable playground equipment ~oses a potential hazard for children who use the equipment, if the equipment is not properly aaaintained and installed; and WHEREAS, the City Commission finds it necessary to regulate the use of bounce houses and other inflatable playground equipment on City owned property in order to protect children and other individuals who may use the equipment fi.om serious injury; and WHEREAS, the City Commission has a responsibility to the citizens and residents of the City to insure that City owned property is used in a safe manner so as to minimize injury to individuals who visit City owned property; and WHEREAS, the City Commission of the City of Boynton Beach, Florida finds that it is in the best interest of the health, safety, and welfare of the citizens and residents of the City Page 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 to amend the Code to regulate the use of bounce houses and other inflatable playground equipment on City owned property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ]?HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. Section 2. That Chapter 16, "Parks and Recreation", Article II "City Parks and Beaches", Section 16-28 is hereby amended by adding the words and figures in underlined ype, and by deleting the words and figures in struck-through type, as follows: Sec. 16-28 Bounce Houses. The use of "bounce houses" and other inflatable playground equipment is prohibited al_City owned property unless the compzmy operating t__hi equipment has received prior approval from the City's Recreation and Parks Director, or their designee, to operate such equipment. The notice of approval shall be posted at the location the equipment is installed during the time that the__equipment is being operated in order to allow the appropriate City representative to verify that the operator received prior approval from the City. Any equipment installed on City owned property without prior approval shall be immediately deflated and/or disconnected by the authorized City representative. The provisions of tiffs section shall be enfomed by the City's Code Enfomement Officers, as well as the City's Law Entbrcement Officers. Regulations regarding the placement, use, insurance, and supervision requirements shall be developed and published b~ the City's Recreation and Parks Department. Section 3. That should any section or provision of this ordinance or portion ~ereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. All laws and ordinances applying to the City of Boynton Beach in Page 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 tTTEST: Section 5. Section 6. READING this ~ day of January, 2005. FINAL READING AND PASSAGE this with any provisions of this ordinance are hereby repealed. That authority is hereby granted to codify said ordinance. That this ordinance shall become effective immediately upon passage. l0 day of~ 2005 CITY OF BOYNTON BEACH, FLORIDA o~aygr...~--~ .~ , ~Vic~Mayor /~ ~ - Commissioner c~} 82.BB\ORD~Bounce House,doc Page 3