(A) Permit required. It shall be unlawful for any person to construct, erect or install any mechanical amusement device including, but not limited to, any roller coaster, scenic railway, water chute, parachute, rolling device or any other mechanical riding, sailing, sliding or swinging device, in either an existing or a new amusement park, or places or sites, where such devices are installed, erected or constructed under carnival, fair or similar auspices, without first obtaining a permit therefor.
(B) Application for permit, issuance. Application for a permit shall be submitted to the Village Building Department at least 30 days prior to such construction, erection, or installation of any mechanical amusement device. The applicant shall be required to have the Illinois Department of Labor, Carnival and Amusement Ride Inspection Division, inspect all mechanical amusement devices to be used by the applicant, and shall submit proof, that the Illinois Department of Labor, Carnival and Amusement Ride Inspection Division, has been requested to make the inspection, within ten days after making application with the Building Department. Upon receiving an application for a permit, the Building Department shall inform the applicant of the necessity of immediately contacting the Illinois Department of Labor, Carnival and Amusement Ride Inspection Division, in regard to obtaining the required inspections of the mechanical amusement devices. In the event that the applicant does not submit proof of notification of the Illinois Department of Labor, Carnival and Amusement Ride Inspection Division, of the need for an inspection, within 10 days of making application with the Building Department, the Building Department shall give the applicant a second and final notice, in writing, of the need for an inspection, and of the potential for requiring the closing down of the mechanical amusement devices in the event the proper inspections are not obtained. All costs associated with the inspection shall be the responsibility of the applicant. A copy of the inspection report shall be filed with the Building Department. Permits issued by the Building Department shall be valid only as to those mechanical amusement devices which have been inspected by, and have passed the inspection of, the Illinois Department of Labor, Carnival and Amusement Ride Inspection Division.
(C) At the time of application for a temporary permit, the applicant shall pay fees as provided in § 110.25 of this Code. The applicant is also responsible for the following costs incurred by the village, as ultimately determined by the Building Commissioner:
(1) Inspection fees, original and daily.
(2) Special police services, including calls for disturbances created by patrons.
(3) Clean-up and restoration of premises.
Within three days following removal of the devices, the Building Commissioner shall issue an itemized statement of such costs.
The applicant shall reimburse the village of the aforementioned costs within seven days of receipt of the statement.
(D) Liability insurance. Every permit application for a mechanical amusement device shall be accompanied by a certificate of liability insurance, which will name the village and its officers, agents and employees as additional insured, in an amount not less than $1,000,000 per occurrence and $2,0000,000 in the aggregate for injury to persons or property. The insurance company is to be approved by the Village Finance Department and shall be a company licensed to do business in the state.
(E) Term of permit. Every permit issued for mechanical amusement device where same is for a temporary nature, shall be for a period not to exceed 14 days. Permits for permanent installations shall be for a term of one year.
(F) Construction requirements and safety equipment. All mechanical amusement devices shall be constructed so as to comply with all applicable requirements of the Illinois Department of Labor, Carnival and Amusement Ride Inspection Division.
(G) Inspections. After the erection of the mechanical amusement device, a physical inspection shall be made of same by the Illinois Division of Labor, Carnival and Amusement Ride Inspection Division, to insure conformity with the provisions of this section and all other ordinances and statutes relating hereto. The inspection shall be made prior to the opening of the mechanical amusement device to the public. Notwithstanding the foregoing, in the event the applicant submits proof that, although requested to do so by the applicant, the Illinois Department of Labor, Carnival and Amusement Ride Inspections Division, is unable to perform the required inspection, the inspection requirement shall be waived provided the applicant made a timely request for an inspection in conformance with division (B) above, and further provided the annual inspection sticker from the Illinois Department of Labor, Carnival and Amusement Ride Inspections Division.
Where such rides and mechanical amusements devices are of a permanent installation, the inspection shall be made annually prior to the opening of such devices to the public.
(H) Compliance with provisions. No mechanical amusement device shall be operated unless compliance is had with the provisions of this Code and the rules and regulations set forth herein.
(Ord. 92-0-039, passed 6-23-92; Am. Ord. 95-0-023, passed 5-22-95) Penalty, see § 113.99