Pomona Municipal Code § 46-656 Establishment of fee

(a) Any person desiring to place, operate, stage and/or use an inflatable structure or other attraction on city property shall first apply for and receive a permit in writing from the city manager or his/her designee.

(b) Every person who places, operates, stages, or uses an inflatable structure or other attraction on city property, or causes, permits or allows to be placed, conducted, staged, or used an inflatable structure or other attraction on city property, without having filed an application with the city manager or his/her designee in the manner prescribed in this article and issued a permit therefor is guilty of a misdemeanor.

(c) This article shall not apply to those persons who will use an inflatable structure or other attraction in connection with a special event, and have applied for and been issued a permit for said event and the use of the inflatable structure or other attraction pursuant to chapter 46, article XI of this Code.

(Ord. No. 4132, § 2, 8-2-2010)

Any person or authorized representative desiring a permit to place, operate, stage and/or use an inflatable structure or other attraction on city property (hereinafter, the "applicant") shall file, at least two weeks prior to the anticipated event, an application for such a permit. The application shall be on a form provided by the city, shall be signed by the applicant under penalty of perjury, and shall include the following information:

(1) The name and contact information of the applicant.

(2) The name and contact information of the vendor providing the inflatable structure or other attraction, if any.

(3) A statement describing the kind, type or nature of the inflatable structure and/or other attraction.

(4) The name of the insurance carrier; the amount of personal and property liability, naming the city as an additional insured, carried together with the name of the nearest representative and his or her business address.

(5) The number of people expected to use the inflatable structure or other attraction.

(6) The location where the inflatable structure and/or other attraction will be placed, operated, staged and/or used.

(7) The date when the inflatable structure and/or other attraction will be placed, operated, staged and/or used.

(8) A description of how the inflatable structure and/or other attraction will be self contained, as required by the policy described in section 46-654.

(Ord. No. 4132, § 2, 8-2-2010)

(a) An application for a permit to place, operate, stage and/or use an inflatable structure or other attraction on city property shall be accompanied by payment in an amount equal to the nonrefundable fixed permit fee. The application and fee shall be filed with the city manager or his/her designee. The application shall be evaluated based on the policy described in section 46-654. If the application conforms to the criteria set forth in such policy, the city manager or his/her designee may then issue a permit. The permit may include conditions as may be appropriate and reasonably be imposed to ensure the safety of the users of the inflatable structure or other attraction.

(b) One copy of the application shall be kept on file with the city manager or his/her designee.

(Ord. No. 4132, § 2, 8-2-2010)

(a) The city council shall establish and adopt by resolution a policy setting forth criteria for the issuance of permits for the placement, operation, staging and/or use of inflatable structures or other attractions on city property.

(b) In each permit, the city manager or his/her designee, shall specify, as conditions to the issuance of the permit and in conformance with the policy described in subdivision (a), the following:

(1) The designated area for the placement and use of the inflatable structure or other attraction.

(2) The date, and starting and ending times, for the placement and use of the inflatable structure or other attraction.

(3) Any damage to city property directly attributable to the placement or use of the inflatable structure or other attraction shall be the sole responsibility of the applicant.

(4) The applicant who is issued the permit must have in his or her possession a copy of the permit at all times during the placement and use of the inflatable structure or other attraction.

(5) The inflatable structure or other attraction must be operated at all times pursuant to the terms and conditions included in the permit.

(6) The inflatable structure or other attraction shall not be operated or used for commercial purposes.

(7) Such other requirements as are found by the city manager or his/her designee to be reasonably necessary for the protection of the public or city property.

(Ord. No. 4132, § 2, 8-2-2010)

Any applicant who files an application with the city manager or his/her designee pursuant to this article, who knowingly makes any statement in the application that is fallacious, is guilty of an infraction.

(Ord. No. 4132, § 2, 8-2-2010)

The city council shall establish a nonrefundable application fee, and a fee for cancellations and/or re-scheduling of the use of the inflatable structure or other attraction. All fees shall be established by resolution of the city council, in accordance with the city master fee schedule.

(Ord. No. 4132, § 2, 8-2-2010)

(a) Any inflatable structure or other attraction placed, operated, staged and/or used in violation of this article or in violation of the permit's terms and conditions shall be and is declared to be a public nuisance and may be summarily abated by the city.

(b) In addition to other penalties provided, the city manager or his/her designee may revoke or suspend any permit issued pursuant to this article, if:

(1) The inflatable structure or other attraction is operated in violation of the policy described in section 46-654 of this article or the permit's terms and conditions;

(2) The person issued the permit violates, causes, permits, or allows to be violated any provision of this Code, city ordinance, or any state or federal law; or

(3) In the discretion of the city manager or his/her designee, the operation of the inflatable structure is contrary to the public welfare.

(c) No relief from a revocation may be obtained until a new application shall have been filed with the city manager or his/her designee in the manner set forth in this article.

(Ord. No. 4132, § 2, 8-2-2010)