(a) No person shall operate any roller coaster, gravity railroad, shoot-the-chutes, merry-go-round, carousel, shooting gallery, switch backs, giant swing, revolving wheels, ferris wheels, scenic railways, whirligigs, flying horses, round-abouts or loop-the- loops in any outdoor amusement park or place, or upon any place where outdoor amusements are permitted, provided for or conducted or carried on, nearer than one hundred fifty (150) feet from any point on the boundary line of the property constituting such amusement park or place where outdoor amusements are permitted, or nearer than three hundred (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 an amusement park in existence at the time of the adoption of this section, the distance requirements specified herein shall not apply to any of the amusement devices in their several existing locations on the date of the adoption of this section, and the distance requirements shall be subject to modification by the Board of Zoning Appeals, established pursuant to Charter Section 76-6, in the case of proposed additional devices, substitutions or changes in locations of or other changes pertaining to existing devices in such existing amusement parks. No person shall operate in any outdoor place in the City other than in an amusement park or place as hereinbefore described, any merry-go-round, roller coaster, gravity railroad, shoot-the-chutes, carousel, shooting gallery, switch back, giant swing, revolving wheel, ferris wheels, scenic railway, whirligig, flying horses, round-about or loop-the-loop, when any part of such device is nearer than one hundred (100) feet to a public street or highway, or to an inhabited dwelling. If there is an inhabited dwelling within one hundred fifty (150) feet of any such device the music, whether made by organ, whistle or bells, shall be permitted only during the hours from 10:00 a.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 10:00 a.m. At his or her discretion, the Director of Public Safety may grant a permit authorizing the continuance of such music during the hours herein prohibited nearer than one hundred fifty (150) feet to an inhabited dwelling and also permitting the operation of any of the devices hereinbefore described nearer than one hundred (100) feet to a public street or highway or to an inhabited dwelling. In either event such permit is to be for not more than two (2) days in any calendar month. Strict compliance shall be had with the provisions of law and ordinance relating to the safe operation of all amusement devices and to the hazards of fire and panic.
(b) No person shall be refused admission to or be denied any of the amusement opportunities afforded by any amusement park, except for reasons common to all other persons. In no event shall any person be discriminated against in the enjoyment of such amusement opportunities and facilities because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.
(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)