(A) General. The city, a municipal corporation, requires that bounce houses or other similar apparatus are prohibited in city parks or on other city property or facilities, unless certain conditions are met.
(B) Purpose. The purpose of this section is to establish a policy for the use of bounce houses and other similar apparatus in city parks and facilities. The city desires to provide safe parks and recreational opportunities for all city residents and visitors. To achieve this goal and purpose, the city is charged with ensuring that park patrons and user groups comply with reasonable standards that promote safety and reasonable enjoyment of the city’s parks and public facilities. The following policy applies to all individuals and groups that make use of a bounce house or similar apparatus in any city park or facility.
(C) Terms and conditions.
(1) User shall first submit a special event permit and applicable fees for the use of a city park or facility no less than 30 days prior to use or the event.
(2) User shall inform the city at the time he or she submits a special event permit that he or she intends to use a bounce house as part of the event.
(3) Use of the city’s parks and facilities constitutes the user’s agreement to follow all ordinances, rules, and policies of the city and subject to all terms and conditions set forth in the special event permit and in a separately executed bounce house user’s agreement.
(4) User shall follow all state, federal, and local laws and ordinances, including all applicable ordinances of the city.
(5) Bounce houses shall be rented from a company that has liability insurance on file with the city providing insurance coverage for bounce houses and their use. The bounce house company shall provide a certificate of insurance from an insurance company naming the city as additional insured and listed as certificate holder with the following minimum limits:
(a) Commercial general liability per occurrence/aggregate: $1,000,000; and
(b) Policies shall be written as primary, not contributing with or in excess of any coverage which the city may carry. The insurance company shall have no less than an A-VII A.M. Best rating. The bounce house company shall provide an appropriate additional insured endorsement from the insurance policy or policies containing the following language: “The City of Gering, and its officers, employees, agents, and volunteers are additional insureds under policy number .”
(6) Bounce houses shall not remain in the city parks or facilities overnight. Bounce houses shall be set up and removed only by trained and qualified representatives of the bounce house company in compliance with the manufacturer’s specifications.
(7) Bounce houses shall be freestanding and weighted. In the event that stakes are required to secure the bounce house to the ground, the city requires no less than three days notice prior to the event for city staff to approve and flag the location for staking. Bounce houses must be securely anchored at all times. Tying or tethering bounce houses to trees, tables, or other park amenities or structures is strictly prohibited.
(8) Bounce house users shall provide adequate and appropriate adult supervision at all times to ensure that the use is in compliance with the manufacturer’s recommendations and reflects a safe level of operation. Bounce house users at all times shall comply with the manufacturer’s operating procedures and ensure that users have access to the appropriate manufacturer’s operating procedures. In order to ensure that users have access to the appropriate manufacturer’s operating procedures, a copy of the manufacturer’s operating procedures shall be on file with the city as a condition of obtaining a special events permit users are required to execute a bounce house users agreement.
(9) Where available, city electricity can be used to inflate bounce houses. Where electricity is not available, bounce house users shall be responsible for providing a generator for inflation of the bounce house. The generator shall be one rated as “quiet” and which will not generate noise in excess of city standards. The generator shall be placed a safe distance from the bounce house and all electrical cords properly insulated, grounded, and covered to prevent tripping hazards. Electrical cords running across a public street from a nearby private residence are prohibited. Additional gasoline cans shall not be stored next to the generator.
(10) All bounce houses and generators shall be placed not more than 50 feet from the location of the area authorized for the event as set forth in the facility reservation application. The user shall select the location no fewer than 72 hours before the event so that the distance between the bounce house and the authorized location can be confirmed.
(11) Privately owned, noncommercial bounce houses and other similar inflatable/apparatus, including but not limited to those that use water or have water features as part of the bounce house/inflatable/apparatus, are prohibited in the city parks and facilities.
(12) Users of bounce houses and the bounce house company shall be jointly and severally liable for all damages caused by their use of the bounce house in the city’s parks and or facilities. Damage to city property or turf may result in additional charges to the user and bounce house company which shall be remediated by users and/or bounce house company.
(13) Users and bounce house company shall agree to jointly and severally indemnify, protect, defend, save, and hold harmless the city, its officers, employees, agents, and volunteers from and against any and all liability, claims, suits, and causes of action for death or injury to person, or damage to property, resulting from intentional or negligent acts, errors, or omissions of user and/or the bounce house company arising out of the setup, use, or operation of the bounce house, or resulting from any violation of any federal, state, or municipal law or ordinance, the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of user and/or the bounce house company, which occurs related to the setup, use, or operation of the bounce house.
(14) Users who fail to execute the bounce house users agreement shall not use bounce houses at their event. A user who is found using a bounce house without having signed the bounce house user’s agreement is subject to immediate termination of his or her event whether or not the event has commenced or is in the progress and the user shall forfeit any fees or other charges paid to the city.
(D) Fees. The party wishing to schedule a bounce house or amusement device on city property shall pay fees required and as determined by city staff once the special event permit is approved.
(Prior Code, § 90.23) (Ord. 1990, passed 4-13-2015) Penalty, see § 10.99