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Ordinance 141Mme? C ORDINANCE N0. 141 Mr+ C"1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REGULATING THE CONSTRUCTION, OPERATION, MAINTENANCE, SUPERVISION AND USE OF TRAMPOLINE CENTERS, AND REGULATING THE ISSUANCE AND REVOCATION OF PERMITS THEREFOR. THE CITY COUNCIL OF THE CITY OF CUFERTINO DOES ORDAIN AS FOLLOWS: Section 1. - Definitions Section l:l. The term "trampoline" shall mean a device of canvas, fabric or other material attached to a framework by springs, rubber coils, or other elastic material, upon which a person can jump, bounce or tum'ple, or otherwise perform tricks, stunts or acro- batics. Section 1:2. The term "trampoline center' shall mean any place of 'ousiness open to the public for the principal purpose of offering the use of a trampoline for any period of time at a price. Section 2. - Issuance of Use Permit Section 2:1. ALSe permit shall be required for the construc- tion, operation, maintenance, supervision and use of a trampoline center. Section 2:2. Application for use permit shall 'oe made to the Planning Commission of the City of Cupertino on a suitable form prescribed 'py the City Building Department in accordance with the ordinances of the City. Section 2:3. If the application complies with the zoning regulations and ordinances of the City, use permit shall be granted by the Planning Commission for the term of one year, renewable upon application and revocable for cause after hearing thereon, conditioned on compliance with and subject to the following conditions: I. Layout of Facility 1. Each rebound tumbling apparatus shall be installed level on a reasonably level space with thw following minimum unobstructed spacing from the inside edges of the frame except for necessary light poles and supports: (a) From ends to nearest fence, building or other similar construction 5 feet. ('p) From sides to fence, building or other similar construc- tion 3 feet. c Between ends 4 feet. ~d Between sides 5 feet, except when arrangements have been made, to the satisfaction of the Building Official which will pro- vide for comparable safety and will provide for supervision and training, as may be required. EXCEPTION: The distances in (a) and ('p) can be reduced when such surfaces are padded and the arrangement is approved by the Build- ing Official. 2. The area surrounding the rebound tumbling apparatus shall be surfaced to prevent a dust nuisance and shall have a reasonably level surface of pea gravel or equivalent type of material from a safety and dust control standpoint. 3. Pits shall be not over 4 feet deep nor less than 3 feet deep. The pit bottom shall be covered with not less than 4 inches of gravel or equivalent material which will aid in seepage of drainage or rain- water without ponding, except in porus sandy or gravel soils. 4. Each rebound tumbling area shall be enclosed with a substan- tial metal or equivalent fence at least 5 feet high and of a type which is difficult to climb. The entrances shall be equipped with secure locks for use when the facility is not attended. 5. The facility shall 'oe equipped to be reasonably lighted to discourage use and entry when not attended and so that for use at night the whole area of the facility shall be well lighted. ~~ 6. All installations and exce~~tions to these requirements shall be subject to approval by the Building Official. Padding - Exposed frames shall be completely covered with padding which is of proven resilience to afford reasona'ole protection from shock. Such padding shall be secured to be effectively kept in place. It shall be reasonably durable and capable of being kept in a reason- ably clean condition. Spring and Ca'oles - Springs, cables, supports for we'pbing or 'peds, and their connections, shall be so designed, installed and maintain- ed to avoid any projections or protrusion which would tend to cause a cut of the skin. Adequate measures shall 'pe taken to prevent fly- ing of broken metal springs. The rr.aximum uncovered space from the frame to the bed shall not exceed ~0". Beds - The beds shall be made of substantial material and be so fab- ricated as to reasonably resist tearing or rupture which might cause accidents or injury. They shall be plainly marked to aid users in keeping toward the center. Sanitary Facilities - Drinking facilities shall be provided at each location, consisting of a sanitary drinking fountain or bottled water and paper cups available in a suitable sanitary dispenser. Approved, water-flush type toilet facilities for both sexes sY~ll be provided on the premises. In lieu thereof, adequate toilets for each sex, approved by the Building Official, may be arranged for. The owner and manager of the premi:~es were such toilets are provided shall approve such arrangements in writing. Such facilities shall be not more than 150 feet from the facility by a safe route. THe manager of tree facility shall see that such toilets and appurtenances are open and properly maintained whenever their facility is opern. Directional signs shall be provided and the toilets shall be properly designatE~d as to sex. II. Rules And Posting of Rules Printed rules with clear, easily read letters not less than 1~2 inch in size shall be posted in onE~ or more conspicuous and well light- ed locations, as approved 'py the Building Official. Such rules shall clearly provide for all of the following: 1. Not over one person on a rE~bound tumbling at a time. 2. No flips or similar difficL~lt routines unless under the immed- iate supervision of a qualified irk-rector, or until qualified as demon- strated by officially acceptable cE~rtificate or by determination of the manager. In case of dispute with ~. patron, the manager's ruling shall be final. 3. No use of rebound tumbling apparatus in street shoes or in bare feet. 4. All patrons shall strictly and promptly comply with requests or requirements of manager. 5. All shall stop rebound tumbling activity at official warning sound. 6. No use while under the influence of alcohol or when not in con- dition to safely use rebound tumbling apparatus, as determined by manager. 7. No jumping from one rebound tumbling apparatus to another. 8. No actions allowed which will or may seriously distract or in- terfere with a performer. 9. No children under 6 years of age shall be allowed to use a re- bound tumbling apparatus unless accompanied by the parent, a youth of at least 15 years of age, or under the immediate supervision of the manager or his employee. 10. No smoking, eating or drin~:ing while on rebound tumbling apparatus. III. Qualifications of Managers and Supervisors The facility whenever open for use, shall be under the direct super- vision of one or more qualified managers and such supervisors as are necessary to comply with these rules. The minimum quali_'ications of such persons shall 'oe: 1. Managers shall be at least 18 years of age. 2. Supervisors shall be at le~~st 16 years of age. 3. Managers and supervisors cE~rtified by an agency or authority acceptable to the Building Officia:_ to: O (a) Be sufficiently competent and familiar with rebound tumbling apparatus use to properly and adequately supervise the patrons . (b) To know wYa t to do, how to do it, and be otherwise prepared to take appropriate action in case of an accident. ~F . Be of good moral character. 5. Be physically and otherwise fully fit to manage the facility. IV. Enforcement of Rules The manager or supervisor shall be observing all rebound tumbling apparatus whenever they.are in use. Each unit shall be numbered or otherwise clearly designated. A suitable loud speaker system shall be maintained to enforce the rules except where there are less than 8 units. ~l, he managers and supervisors shall have readily distinguishable warning sound devices readily available to stop all rebound tumbling activity, if necessary. There shall be one manager or supervisor on active, supervising duty for each 12 rebound tumbling apparatus or fractional part which is in use. V. Handling and Report of Accidents All accidents of a nature to cause unconsciousness, broken or sprained extremities or bones, removal, breaking or loosening of teeth, hemorrhaging or lacerations which may require suturing, or qTe injuries shall be reported to Building Official, in writing unless the Building Official agrees to accept a ver'pal or telephonic report. Records there- of shall be maintained on the premises of all medical aid or care ad- ministered. The manager shall keep in a place readily available at all times to himself or his employees, the phone number of available emer- gency medical service. A telephone shall be available at the premises for emergency use at all times when the rebound tumbling apparatus is in operation. All accidents or injuries shall be directed to compe- tent care for handling and disposition. An adequate first aid kit approved by the Building Official shall be maintained and be available on the premises for emergency care of minor nature and shall be re- plenished as needed. VI. Maintenance and Operation Rebound tumbling apparatus and all related in good repair. The facilities shall 'oe kept condition. Waster containers and signs shall to prevent litter. Noise shall be controlled of a neighborhood nuisance. VII.Insurance facilities mall be kept in a reasonably clean be provided, as needed, so as to avoid creation It shall 'pe unlawful for any person to conduct, manage, carry on or own the business of operating a trampoline center unless he carries for each trampoline in the trampoline center, legal liability insur- ance for personal injury in limits of at least Fifty Thousand Dollars 50,000 for any one occurrence, with at least Twenty-five Thousand 25,000 Dollars for any one person per occurrence. Section 3.- Pu'olishing Clause Section 3:1. The City Clerk be and he is hereby authorized and directed to cause copies of this Ordinance to be published at least once within fifteen (15) days after its adoption, in the Cup- ertino Courier, the official newspaper of the City of Cupertino. Section ~. - Urgency Clause Section ~:1. This Ordinance shall take effect immediately upon its a op ion as an urgency measure for the reason that the rap- id growth of trmpoline centers and the sudden wide-spread popularity of trampolines in theCity of Cupertino has been or will be accompan- ied by some serious injuries. There has been created thereby an ur- gent need for regulation in connection with the safe operation of trampoline centers, in order to protect the public peace, health, and safety. 1~? C"; M..r C"1 INTRODUCED AND ENACTED at a regular meeting of the City Coun- cil of the City of Cupertino, this 17th day of September, 1960 by the following vote: AYES: Benetti, Lazaneo, Pelosi, Saich NAYS: None ABSENT: Nathanson APPROVED: Mayor, Cit f Cupertino ATTEST: City Clerk I, Lawrence K, Martin, City Clerk of the City of Cupertino and ex officio clerk of the legislative 'pody of said City do hereby cer- tify that the within and annexed instrument is a true and correct copy of Ordinance No. 141 on file in my office and that same has been published pursuant to law. In witness hereof I have hereonto set my hand and City Seal this Zi day Of ~~ c~~~.-e,~.\ ~ ~9 (,~ ~ ~^ ~I~__.--- City Clerk