Chapter 5.98 — AMUSEMENT ACTIVITIES

For any purpose of this chapter, an amusement activity shall be any ride or conveyance employed wholly for entertainment or amusement, limited to any activity on private property, and excluding private or public transportation over public streets. These activities shall include: waterslides, go-carts, Ferris wheels, pony rides, and others of similar nature. The regulations shall apply to all areas where any of these activities are conducted on a permanent basis and, therefore, not covered by Chapter 17.46 of the Orange Municipal Code. (Ord. 07-24, 5/14/2024)

It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct, or carry on in the City of Orange any amusement activity unless a permit to do so has been issued and is in full force and effect.

A permit fee in such amount as is established from time to time by resolution of the City Council shall accompany an application for permit. (Ord. 18-07)

The Chief of Police shall cause each applicant to be fingerprinted and photographed, a record of which shall be kept in the office of the Chief of Police. The applicant shall pay the amount set by the State for processing the fingerprints. The Chief of Police shall cause such an investigation of each applicant to be made to determine if such applicant has committed any act that, if done by a permittee, would be grounds for revocation or suspension of a permit, or if such applicant has been convicted of a felony or any crime that has a substantial relationship to the permitted business. In addition to the permit fee, an investigation report fee in such amount as is established from time to time by resolution of the City Council shall accompany an application for permit. At the discretion of the Chief of Police or designee, the requirements of a permit, police investigation, and fees for employees of an amusement activity may be waived if any of the following conditions are met:

• A. The employee is not in a position of management or control of the amusement activity.

• B. The employee does not have contact with the public.

• C. The employee does not operate or inspect the amusement activity.

• D. The employee's position does not appear to the Chief of Police or designee to be the type which may endanger the public if improperly performed.

• (Ord. 18-07)

No amusement activity shall be located in any zone unless a conditional use permit has been

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.98.050

§ 5.98.110

issued therefor. (Ord. 4-00)

No amusement activity regulated by this chapter shall operate between 10:00 p.m. and 8:00 a.m. of the following morning, unless a conditional use permit, which has been issued pursuant to Chapter 17.10 of the Orange Municipal Code, provides for other hours of operation. (Ord. 9-83; Ord. 07-24, 5/14/2024)

No amusement activity, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley, except that a parade operating under specific authority from the City, in accordance with the terms of Chapter 5.59 may operate on public streets and alleys according to the terms of such permit. (Ord. 36-82)

All lights and illumination of an amusement activity regulated hereby, including facilities, equipment and rides, shall be arranged so as to reflect the light and glare away from any adjacent residential properties. These lights must also provide sufficient illumination between rides, facilities and public ingress and egress areas. (Ord. 36-82)

The area around and between tents, facilities and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the Building Department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required by the City Building Department. The operation of any amusement activity at any time such requirements are not being fully met is prohibited.

All sound amplifying equipment used in conjunction with any amusement activity regulated hereby shall comply with the following regulations:

• A. The only sounds permitted are music and human speech.

• B. The human speech and music amplified shall not be profane, lewd, indecent or slanderous.

• C. All amplified sound shall comply with Chapter 8.24 of the Orange Municipal Code.

• D. No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last state of amplification.

The Chief of Police may, in the interest of public safety, require fencing of all or a portion of

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City of Orange, CA

ORANGE CODE

§ 5.98.110

§ 5.98.160

the amusement activity site in order to control pedestrian movement to and from the said site. He or she may also designate the means of pedestrian ingress and egress for the said amusement activity. The Chief of Police or Fire Chief may require emergency vehicle access.

The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the County Health Officer, and by applicable state, county and City laws. Sanitation facilities must be sufficient to accommodate the maximum capacity of the amusement area.

All amusement activities shall comply with the Building and Fire Codes and ordinances of the City of Orange. Applicant shall apply for Fire Department permits where applicable. Upon request, permittees shall furnish proof to the City of Orange that all equipment, rides, and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable state and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel. (Ord. 36-82)

Any person granted a permit to conduct or carry on an amusement activity regulated hereby shall be responsible for keeping the area or parcel of land used for the amusement activity including off-street parking areas, free and clear of all rubbish, waste matter, and debris during the time such amusement activity is carried on or conducted.

No person shall operate any amusement activity while the same or any of the equipment thereon or therewith is in a defective, unsafe, or unsanitary condition. Every amusement activity shall at all times be subject to the inspection of any police officer or Health Inspector of the City or other duly authorized City officers or employees.

As a condition precedent to granting an application hereunder, the applicant shall furnish the City Attorney with a certificate of insurance, evidencing public liability insurance in the amount of $500,000.00 for death or injury to one person and $1,000,000.00 for death or injury to more than one person, and property damage in the amount of $100,000.00 for each occurrence. The said insurance certificate shall indicate that the insurance shall be effective during the period that the amusement activity is being conducted in the City of Orange and shall be obtained for both the applicant and for the City of Orange. Thirty days prior to intention not to renew, cancellation, or material change in the insurance, written notice shall be given to the City in which event the grantee shall provide a substitute insurance complying with this section in form and content approved by the City Attorney. The said insurance certificate shall include the following:

• A. 30 day prior written notice by registered mail in event of expiration, termination, or modification of any insurance coverage.

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.98.160

§ 5.98.170

• B. All insurance carried by permittee shall be primary insurance not contributing to any other insurance held by the City.

• C. City to be named as insured or additional insured under all policies. (Ord. 36-82)

The grantee shall defend, indemnify and hold harmless the City, its officers, boards, commissions, agents and employees, and each of them, against and from any and all claims, demands, actions, suits, liabilities, and judgments of every kind and nature, and regardless of the merit of the same arising out of or related to the use of any amusement activity or area of amusement activity including costs of investigations, attorney's fees and court costs in the defense of any actions, to the extent that such claims or demands are alleged to be the result of an error, omission, intentional act or negligent act of grantee or any persons employed by grantee, even if that grantee employee is in error or by misinformation alleged to be a grantor employee. (Ord. 36-82)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.99.010

§ 5.99.040