§ 5.36.070. Responsibility for compliance and operations.

A.

Every owner and licensee of an amusement ride permanently or temporarily erected at carnivals, fairs, and amusements parks within the city shall comply with the provisions of this chapter, and any reasonable and specific regulation applicable to a given amusement ride as determined by a National Association of Amusement Ride Safety Officials (NAARSO) certified inspector, and applicable provisions of Chapter 5.04.

For purposes of this chapter, "NAARSO certified inspector" means an individual who currently is a certified National Association of Amusement Ride Safety Official (NAARSO) Level III Amusement Ride Inspector.

B.

Any amusement ride, or a portion thereof, which is not in compliance with this chapter may not be utilized or occupied by the public until brought into compliance. The noncomplying amusement ride, or portion thereof, will be tagged. No amusement ride shall be placed back into service until approved in writing by the NAARSO certified inspector.

C.

Every owner and licensee of each amusement ride shall be jointly responsible for providing the city with a certificate of inspection pursuant to subsection D below.

D.

Requirements for Operation. No owner, operator or licensee shall operate an amusement ride unless the ride has been inspected during set up on the premises to be utilized for operation within the city. In addition, a final inspection of each ride must also be conducted prior to admitting any member of the public to the ride. Inspections shall be conducted by the owner's or licensee's insurer or by an independent contractor retained by an owner or licensee and qualified to conduct inspections in accordance with this chapter. No person shall be qualified to conduct an inspection of an amusement ride who is not a certified NAARSO Level III Amusement Ride Inspector or other expert as may be accepted by the city. Daily inspections shall be conducted in accordance with Section 5.36.090.

1.

Inspection Requirements. The inspection required by this section must test for stress-related and wear-related damage of the critical parts of a ride that the manufacturer of the amusement ride determines:

a.

Are reasonably subject to failure as the result of stress and wear; and

b.

Could cause injury to the public utilizing the ride as a result of failure.

2.

If at any time the inspection reveals that an amusement ride does not meet the insurer's underwriting standards, the NAARSO certified inspector shall notify the insurer, city risk manager, the owner, the operator and the licensee.

3.

If repair or replacement of equipment is required, it is the joint responsibility of the owner and licensee to make the repair or install the replacement equipment before the amusement ride is offered for public use.

4.

The owner and licensee shall be jointly required to file with the city clerk a written certificate of inspection for each ride to be operated. The certificate shall be provided by the owner's and licensee's insurer or by an independent contractor retained by an owner and licensee and qualified to conduct inspections in accordance with this chapter. The certificate shall state that the ride has been inspected, meets the standards for insurance coverage, and complies with Section 5.36.060.

a.

The inspection certificate and proof of compliance with Section 5.36.060, or photocopies of same, must be submitted to the office of city clerk prior to offering the ride for public use.

E.

In the event NAARSO has not adopted safety standards for a particular type of amusement ride, the owners and operators thereof may set up, operate, and maintain the amusement ride in accordance with such national or other safety standards as may be accepted by the city of Cheyenne in its sole and absolute discretion. For amusement rides subject to this subsection, the inspections required by this section shall be conducted by experts who have knowledge and expertise in the application of the safety standards which have been accepted by the city of Cheyenne.

(Ord. No. 4035, § 1, 7-28-14; Ord. No. 3917, § 7, 3-28-11; 2001 In-house code § 6-7)