§ 5.36.020. Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

"Agent" means any person who is employed, whether or not paid in any manner by a concessionaire, to operate or work in any carnival game or carnival novelty stand or booth.

"Amusement ride" means a device that carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills or excitement. The definition of an amusement ride does not include:

1.

A coin-operated ride that:

a.

Is manually, mechanically, or electrically operated;

b.

Is customarily placed in a public location; and

c.

Does not normally require the supervision or services of an operator.

2.

Non-mechanized playground equipment including, but not limited to, a swing, seesaw, stationary spring-mounted feature, climbing walls, rider-propelled merry-go-round, composite playground structure, free standing spin rides, climber, playground slide, and trampoline.

3.

Air inflatable rides or devices, live animal rides, physical fitness/training devices, or obstacle, challenge course, ropes or climbing course equipment.

4.

For purposes of this chapter, temporarily operated Halloween amusement venues are not included in the definition of an amusement ride.

5.

A bungee jump and mechanical bull are not considered an amusement ride, however, the owner must provide the city with a certificate of insurance, in accordance with Section 5.36.060, and execute a city approved indemnification and hold harmless agreement in favor of the city, if operated on city owned public property.

"Carnival" means any traveling enterprise offering a variety of games, rides, exhibits and amusements to the public.

"Circus" means an arena, which may or may not be tent-covered, used for providing public entertainment generally featuring feats of physical skill and daring, animal acts and performances by clowns.

"Concession" means a subsidiary business operation leased by the operator in conjunction with a circus or carnival event.

"Concessionaire" means an operator of a concession.

"Containing device" means a strap, belt, bar, gate, or other safety device designed to prevent accidental or inadvertent dislodgement of a passenger from a ride or attraction but which does not actually provide physical support.

"Exit" means a doorway or other opening affording safe and unobstructed access to a safe area.

"License" means the authority granted by the city clerk to a person, as defined in Chapter 1.04, Section 1.04.020, of the Cheyenne City Code, to conduct any circus, carnival, or amusement ride within the city.

"Licensee" means the holder of a license issued by the city pursuant to the provisions of this chapter.

"National Electrical Code" means the National Electrical Code, as adopted in Chapter 15.20 of this code.

"Operator" means a person engaged in or directly controlling the operation of an amusement ride, concession, or a carnival game.

"Owner" means a person who owns or has legal possession of an amusement ride, circus or carnival.

"Player" means any person who plays a carnival game.

"Prize" means any item won or represented to the player as capable of being won at a carnival upon the successful completion of a given task.

"Restraining device" means a safety belt, harness, chain, bar, or other device which affords actual physical support, retention, or restraint to the passenger of a ride.

"Rope and wire rope" are synonymous; does not include fiber rope but does include bungee cords.

"Safety retainer" means a secondary safety wire rope, bar attachment, or other device designed to prevent parts of a ride from becoming disengaged from the mechanism or from tipping or tilting in a manner to cause hazard to persons riding on, or in the vicinity of, a ride.

(Ord. No. 4171, § 1, 4-10-17; Ord. No. 3917, § 3, 3-28-11; 2001 In-house code § 6-2)