The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Circus means and include any exhibition or performance of animal acts or feats of physical skill and daring and shall include carnivals, sideshows or other events which offer mechanical and/or electrical rides, games and amusement activities.

Exhibition means any public display or showing of objects, works of art, acts of skill or training, feats of talent or illusion, goods, wares or services, which is designed or conducted for amusement or promotion.

Street fair or fair means any event, show, or exhibition which includes booths or displays for crafts, works of art, or other goods or wares offered for sale, trade or demonstration.

(Res. No. 66-88, art. 4, § I, 7-28-1988)

Cross reference— Definitions and rules of construction, § 1-2.

Violation of any provision of this division shall be a public offense, punishable upon conviction by a fine in an amount not less than $25.00 and not more than $100.00 for each offense.

(Res. No. 66-88, art. 4, § IX, 7-28-1988)

State law reference— Authorized penalties for violation of county resolutions, K.S.A. 19-101d.

The requirements of this division shall not apply to the following:

(1) Any subdivision or agency of the state or of the county;

(2) Any public educational organization or school where the event occurs solely upon property owned by the school system and used normally for school purposes.

(Res. No. 66-88, art. 4, § VIII, 7-28-1988)

No person shall conduct an amusement enterprise, exhibition or similar public performance or event within the unincorporated area of the county except as provided in this division and subject to the terms and conditions of this article.

(Res. No. 66-88, art. 4, § II, 7-28-1988)

(a) Use of public property or right-of-way. No amusement enterprise or exhibition shall be allowed, permitted, or operated, in whole or in part, upon public property of the county or upon any public road of right-of-way of the county.

(b) Gambling. No activity conducted as a part of any amusement enterprise or exhibition shall be operated in violation of any law of the state or of the United States relating to gambling or games of chance.

(c) Alcoholic beverages. No cereal malt or alcoholic beverages shall be sold, served or consumed during or as a part of any amusement enterprise or other exhibition.

(Res. No. 66-88, art. 4, § IV, 7-28-1988)

No person shall conduct, operate, manage or participate in the administration or management of an amusement enterprise or exhibition within the unincorporated area of the county without first obtaining a permit as provided in division 2 of this article.

(Res. No. 66-88, art. 4, § III, 7-28-1988)

A permit to conduct or operate an amusement enterprise or other exhibition shall be issued only upon satisfaction of the following qualifications:

(1) The event and all activities shall take place and be conducted upon private property, with the full written consent of the land owner, which is zoned for agricultural or commercial usage.

(2) A detailed site plan for the location must be submitted with the application for a permit and must, at a minimum, show:

a. The location of all events, activities, and temporary structures;

b. The provision for utility services, including water, electricity, and sanitation facilities;

c. Provisions for parking and/or transportation to and from the site.

(3) No event or activity shall occur in any area within 1,000 feet of any residence or dwelling unit, other than that of the owner of the property upon which the event will occur, and the area to be occupied and used for the conduct of the event, exclusive of parking and transportation routes, shall not exceed one acre of total land area, unless the county manager grants an exemption from the area limitation to the applicant. An exemption shall be granted only when the county manager determines that:

a. Use of a greater area will not adversely impact surrounding properties;

b. Use of a greater area is reasonably necessary to conduct the event and is reasonably related to the type and nature of the event; and

c. The location of the event is adequate to accommodate use of a greater area, considering traffic flow, sanitation, and surrounding land uses.

(4) Adequate provisions shall be made for sanitary facilities, for fire protection, and for emergency medical services and first aide.

(Res. No. 66-88, art. 4, § V, 7-28-1988)

A certificate of insurance shall accompany the permit application and shall name the county, the owner of the premises to be used, and any sponsoring organization, as additional insureds. The certificate shall be issued upon a form acceptable to the county and shall be issued by an insurance carrier which is licensed to do business in the state and which carries a Best's policy holder rating of A or better. The insurance shall provide general liability and broad form contractual and personal injury coverage in the following applicable amounts:

(1) For circuses, carnivals and similar events which offer amusement rides or similar activities, a minimum policy limits of $5,000,000.00 for each occurrence;

(2) For amusement enterprises which provide exhibitions only, a minimum policy limits of $1,000,000.00 for each occurrence; and

(3) For amusement enterprises which consist of a street fair or fair only, minimum policy limits of $200,000.00 per occurrence.

(Res. No. 66-88, art. 4, § VI, 7-28-1988)

Any amusement enterprise or other exhibition conducted pursuant to a permit issued under this article shall be operated in accordance with the following conditions:

(1) Hours of operation. The event shall commence no earlier than 7:00 a.m. and shall not extend beyond 11:00 p.m.

(2) Length of operation. The event shall not be conducted or operated for any period of time in excess of seven consecutive days.

(3) Code compliance. All structures and utility services shall comply with applicable building, electrical, fire, and safety codes and all requirements and regulations of the department of health and environment.

(4) Lights and sound. No artificial lighting shall be used which causes illumination upon or into any nearby residences or dwelling units, and no public address systems or noise amplification equipment shall be used which generates noise that is perceptible in any nearby residences or dwelling units at sound levels exceeding comparable and ordinary street noise.

(5) Sanitation and rubbish. Appropriate sanitation and rubbish receptacles shall be provided, and all rubbish, trash and waste products shall be cleaned from and removed from the premises each day of operation.

(6) Restoration. Upon completion of the event, the property shall be restored to the condition which existed prior to the event.

(Res. No. 66-88, art. 4, § VII, 7-28-1988; Res. No. 012-12, 5-31-2012)