AMUSEMENT PARKS

Codified Ordinances of Cleveland pt. SIX, tit. IX, ch. 687

in effect

Codified Ordinances of Cleveland § 687.01 Definition

§ 687.01 Definition “Amusement park” for the purposes of this chapter, means an outdoor place of public resort other than a publicly owned park in which are provided one (1) or more amusement devices or methods of entertainment for which a fee or charge is exacted. For the purposes of explanation, but not of limitation, amusement devices include merry-go-rounds, roller coasters, shoot-the-chutes and other similar devices, and amusement methods include dance halls, shooting galleries, roller skating rinks, open air theaters and the like. (Ord. No. 2230-46. Passed 2-17-47)

Codified Ordinances of Cleveland § 687.02 License Required; Application

§ 687.02 License Required; Application No person, firm or corporation shall engage in the business of operating an amusement park in the City as defined in Section 687.01, without first obtaining a license to do so. Application for such license shall be made in writing to the Commissioner of Assessments and Licenses upon such forms as he or she shall prescribe. (Ord. No. 2230-46. Passed 2-17-47)

Codified Ordinances of Cleveland § 687.03 License Issuance; Fee

§ 687.03 License Issuance; Fee Each application for a license shall be referred to the Director of Public Safety for investigation and report on the character and experience of the applicant, the safety of the devices and the compliance with the zoning regulations. Based thereon the Director shall endorse his or her approval or disapproval. If such application is approved by the Director, the Commissioner of Assessments and Licenses shall issue a license therefor upon payment of a fee of seventy-five dollars ($75.00) per quarter, commencing on January 1, April 1, July 1 and October 1 in each year. (Ord. No. 2230-46. Passed 2-17-47)

Codified Ordinances of Cleveland § 687.04 Bond and Public Liability Insurance Requirements

§ 687.04 Bond and Public Liability Insurance Requirements Every licensee hereunder shall deposit with the Commissioner of Assessments and Licenses a bond in the penal sum of five thousand dollars ($5,000.00) with a solvent and responsible surety company authorized under the laws of the State as surety thereon, acceptable to and approved by the Commissioner and the Director of Law, conditioned upon the faithful observance by the licensee, his or her agents, employees, concessionaires and lessees, of all of the provisions of law and ordinance relating to the operation of amusement places, and further conditioned that the licensee will indemnify any person who has secured a judgment based upon damage or loss, other than personal injury or death, by reason of the operation of such amusement park, the aggregate liability of such bond not to exceed the penal sum thereof. He or she shall also furnish a policy of liability insurance acceptable to and approved by the Commissioner and the Director of Law indemnifying the licensee for its legal liability for injury or death by reason of the carelessness or negligence of the licensee, his or her agents, employees, concessionaires or lessees, to one (1) person up to the sum of ten thousand dollars ($10,000.00) and to more than one (1) person in any one (1) accident up to the aggregate sum of one hundred thousand dollars ($100,000.00). Such bond and policy shall each contain a provision obligating the surety or insurance company thereon to give ten (10) days written notice to the Commissioner before cancellation of such bond or policy. If at any time, in the judgment of the Commissioner, such bond or policy of insurance is not sufficient for any cause, the Commissioner may require the licensee to replace such bond or policy with another approved by the Commissioner and the Director of Law. Any licensee who is a self-insurer and maintains an insurance fund adequate, in the judgment of the Director of Finance, to meet the requirements of the liability insurance herein set forth shall not be required to furnish a policy of liability insurance. (Ord. No. 981-47. Passed 6-16-47)

Codified Ordinances of Cleveland § 687.05 Operating Regulations; Discrimination Prohibited

§ 687.05 Operating Regulations; Discrimination Prohibited (a) No person shall operate any roller coaster, gravity railroad, shoot-the-chutes, merry-go-round, carousel, shooting gallery, switch backs, giant swing, revolving wheels, ferris wheels, scenic railways, whirligigs, flying horses, round-abouts or loop-the- loops in any outdoor amusement park or place, or upon any place where outdoor amusements are permitted, provided for or conducted or carried on, nearer than one hundred fifty (150) feet from any point on the boundary line of the property constituting such amusement park or place where outdoor amusements are permitted, or nearer than three hundred (300) feet from any adjacent land in a residence or retail business district as designated in Chapter 335 of the Codified Ordinances. However, in the case of an amusement park in existence at the time of the adoption of this section, the distance requirements specified herein shall not apply to any of the amusement devices in their several existing locations on the date of the adoption of this section, and the distance requirements shall be subject to modification by the Board of Zoning Appeals, established pursuant to Charter Section 76-6, in the case of proposed additional devices, substitutions or changes in locations of or other changes pertaining to existing devices in such existing amusement parks. No person shall operate in any outdoor place in the City other than in an amusement park or place as hereinbefore described, any merry-go-round, roller coaster, gravity railroad, shoot-the-chutes, carousel, shooting gallery, switch back, giant swing, revolving wheel, ferris wheels, scenic railway, whirligig, flying horses, round-about or loop-the-loop, when any part of such device is nearer than one hundred (100) feet to a public street or highway, or to an inhabited dwelling. If there is an inhabited dwelling within one hundred fifty (150) feet of any such device the music, whether made by organ, whistle or bells, shall be permitted only during the hours from 10:00 a.m. to 9:00 p.m. No person shall continue any such music beyond the hour of 9:00 p.m. or commence the same earlier than 10:00 a.m. At his or her discretion, the Director of Public Safety may grant a permit authorizing the continuance of such music during the hours herein prohibited nearer than one hundred fifty (150) feet to an inhabited dwelling and also permitting the operation of any of the devices hereinbefore described nearer than one hundred (100) feet to a public street or highway or to an inhabited dwelling. In either event such permit is to be for not more than two (2) days in any calendar month. Strict compliance shall be had with the provisions of law and ordinance relating to the safe operation of all amusement devices and to the hazards of fire and panic. (b) No person shall be refused admission to or be denied any of the amusement opportunities afforded by any amusement park, except for reasons common to all other persons. In no event shall any person be discriminated against in the enjoyment of such amusement opportunities and facilities because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. (Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

Codified Ordinances of Cleveland § 687.06 License Suspension; Revocation

§ 687.06 License Suspension; Revocation (a) If the licensee fails to comply with any of the terms and conditions of this chapter or any of the laws or ordinances relating to the business licensed, other than the prohibition against discrimination contained in this chapter and in the civil rights statutes of Ohio, the Commissioner of Assessments and Licenses, upon the recommendation of the Director of Public Safety, may suspend or revoke such license. (b) If any licensee has been convicted of a violation of the civil rights statutes, or if judgment has been obtained against such licensee because of such violation, the Commissioner shall revoke the license issued hereunder and no license shall be issued to any such licensee until the expiration of one (1) year from the date of revocation. Upon the complaint of alleged discrimination on the part of any licensee the Director, if satisfied after investigation that such complaint is valid, may recommend the suspension of the license and thereupon the Commissioner shall suspend such license for a period not less than thirty (30) days nor more than six (6) months. (c) The order of the Commissioner revoking or suspending a license shall become effective forthwith except that in the case of violation of the civil rights statutes or the anti-discrimination provisions of this chapter, such order shall become effective at the expiration of ten (10) days from the issuance thereof. (Ord. No. 2230-46. Passed 2-17-47)

Codified Ordinances of Cleveland § 687.07 Appeal

§ 687.07 Appeal In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Commissioner within ten (10) days after making of such order. The Board, within three (3) days after filing with the Commissioner such notice of appeal, shall proceed with the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which the appeal has been perfected, and the finding of such Board shall be final on all parties. (Ord. No. 2230-46. Passed 2-17-47)

Codified Ordinances of Cleveland § 687.99 Penalty

§ 687.99 Penalty Whoever violates Section 687.05 shall be guilty of a misdemeanor and fined not more than fifty dollars ($50.00) for the first offense and for a second or subsequent offense not more than five hundred dollars ($500.00), or imprisoned for not more than thirty (30) days, or both. Each day’s violation constitutes a separate offense. (Ord. No. 2230-46. Passed 2-17-47)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-37903Fetched: 11/1/2026