Chapter V · Business Regulations

Article 5. Public Amusements

Sections 5-501 to 5-516 · 16 sections

5-501 Amusement or Entertainment Enterprise.

(a)It shall be unlawful to conduct or operate on private property within the City any carnival or other amusement entertainment enterprise for which admission is charged or fees collected without first securing a license for the conduct of such carnival or amusement or entertainment enterprise from the City.

(b)It shall be unlawful to conduct a party on vacant private property at which over fifty (50) persons attend or are expected to attend without first securing a license for the conduct of such party from the City.

(c)It shall be unlawful to conduct or operate on public property within the City any carnival or other amusement entertainment enterprise for which admission is charged or fees collected without first securing a license for the conduct of such carnival or amusement or entertainment enterprise from the City.

(Ord. 1574, Sec. 1; Code 2014)

5-502 Definitions.

(a)The term amusement or entertainment enterprise as used in this article shall be held to mean and include band concerts, carnivals, or other similar amusement or entertainment enterprises which are open to the public and for which an admission fee is charged or a donation required or requested.

(b)Carnival as used herein shall mean and include amusement activities, rides, merrygorounds, booths for the conducting or games of skill, food dispensing facilities and sideshows. A carnival shall not include gambling devices, games of chance, lotteries, punch boards or other activities in violation of State laws and/or City ordinances.

(c)Party as used in this article shall mean and include events including overnight camping, or at which musical entertainment, theatrical performances, band concerts, circuses, carnivals or other forms of entertainment is provided or used, regardless of whether open to the general public or open only to invited guests and for which no admission is charged or donation required or requested.

(d)Vacant Private Property as used herein shall mean and include property on which no person resides or conducts business.

(e)Person as used herein shall mean and include, natural persons, firms, corporations, noncorporate associations, including, but not limited to, partnerships and joint ventures.

(f)Owner as used herein shall mean and include the legal title holder of the property on which the event shall occur, the owner of an equitable interest in the property (including, but not limited to, a purchaser under a written contract for deed, option contract or similar instrument).

(g)Event as used herein shall mean and include, a carnival, or an amusement or entertainment enterprise and a party or any of them.

(Ord. 1574, Sec. 2; Ord 2392)

5-503 Licensure.

(a)No license shall be issued by the City for a carnival or amusement or entertainment enterprise except to a voluntary veteran’s or fraternal organization affiliated with a parent organization which is national in scope or a local not for profit corporation. Such organization, to receive such license, must be organized by the election of a president and a secretary. The application for such license must be submitted thirty (30) days before the event and signed by such president and secretary, shall state the character of the enterprise, the name of the enterprise which is sponsored by such organization, the place where and the time when such amusement enterprise is to be conducted, and such other information required by the City. The application for such permit shall be accompanied by a fee, as approved by the City Council, which fee shall be nonrefundable.

(b)No license shall be issued by the City for a party except with the consent of the owner of the property upon which the party is to be held. The application for such license must be signed by person or authorized representative of the organization sponsoring the party and the owner. Written proof of land ownership shall be submitted with the application. Such application shall state the nature of the party, the type and nature of the activities to be conducted, the place where and time when such a party is to be conducted and such other information as required by the City. The application for parties shall be accompanied by a fee of $10 which fee shall be nonrefundable.

(c)All applicants are required to appear before the City Council at the regular or special meeting at which such permit application is to be considered.

(Ord. 1574, Sec. 3; Ord. 1841, Sec. 1)

5-504 Inspection of Rides.

No rides shall be placed in operation for use at any event until the same have been inspected for mechanical, structural, electrical and other hazards by the City building inspector and such other officers or employees of the City having jurisdiction. Adequate safeguards shall be placed to protect both operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears, electrical switches, and other possible or potential hazards. The operator of the event shall be responsible for paying the costs of each inspection required by this Section.

(Ord. 1574, Sec. 4)

5-505 Insurance.

No license shall be issued for conducting a carnival or amusement or entertainment enterprise and no license shall be issued for conducting a party including camping overnight which the general public may attend, until the applicant therefore has placed on file with the City Clerk a certificate or certificates of insurance indicating that there is in effect a public liability insurance policy covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with such carnival or amusement or entertainment enterprise. Such insurance shall be in the minimum amount of $25,000 for each person and a $50,000 for each accident. Such insurance shall be with companies approved an authorized to do business in Kansas. All such policies shall be approved in advance of the event by the City Attorney.

(Ord. 1574, Se. 5)

5-506 Evidence.

The applicant shall submit such evidence as is required by this Article and the City to the City Clerk with the application. Upon receipt of such information, the City Clerk shall obtain the recommendations of the Police Department, the Fire Department and other affected City departments of the City, and the Kansas Department of Transportation and the City, County Health Department prior to submission of such application and departmental recommendations to the Governing Body for consideration.

(Ord. 1574, Sec. 6)

5-507 Police Protection.

For the purpose of preserving and maintaining order there shall be, on the premises at all times during the hours of operation of such event at least two (2) off-duty law enforcement representatives of the Police Department. Such representatives shall be selected by the Police Department, and paid for by the operator of the event at a rate including salary and benefits. The Chief of Police and or the City Manager will determine the number of City law enforcement representatives based on operational allowances. The Chief of Police and or the City Manager may request and require additional police officers from neighboring jurisdictions to supplement city police representatives to be on duty depending upon the size, nature and purpose of the event and the past history or record of the group or association making application and the group or association making use of the proposed permit. The additional police officers shall be paid for by the operator of the event at rates outlined by those utilized organizations.

(Ord. 1574, Sec. 7; Code 2014)

5-508 Closure; When.

If conditions occur at the event, which, in the judgment of the City Manager or Chief of Police amount to a disturbance of the peace, a riot, or which are likely to become dangerous or harmful to persons or property at or immediately surrounding the location of the event, the City Manager or Chief of Police, or any one of them shall have the power to close the event temporarily or otherwise, until, in the judgment of such officer, such conditions abate.

(Ord. 1574, Sec. 8)

5-509 Order.

The property owner, operator and sponsor of the event shall each be wholly responsible for maintaining order, and for keeping the site clean, free of trash, papers and other debris. Trash containers in adequate number shall be placed in convenient locations for the use of the public.

(Ord. 1574, Sec. 9)

5-510 Violations.

Any persons, firm, or corporation violating any of the provisions of this Article shall be guilty of a code violation. Each day during or on which a violation occurs or continues shall be a separate offense.

(Ord. 1574, Sec. 10)

5-511 Deposit.

The owner of the property, operator or sponsor of a carnival or amusement, entertainment enterprise or party shall deposit with the City Treasurer a sum of money to be designated by the City Manager of the City. Such cash deposit shall be conditioned that the operator or sponsor, upon vacating the site where the carnival or amusement or entertainment enterprise was located, shall remove the trash, rubbish, debris and any other matter or materials from the site and/or fill any deep depressions or holes caused by heavy equipment or vehicles used at the site, and/or repair any damage to the curb, sidewalk, street or any other property of the City caused by any of the operations of the event.

(Ord. 1574, Sec. 11)

5-512 Sanitary Facilities.

There shall be provided at all events in the City at least two (2) sanitary toilet facilities for each one hundred (100) persons or fraction thereof expected to attend such an event, which facilities shall be first approved by the City and of a type approved by the City or the CityCounty Health Department; provided that the City or CityCounty Health Department or other health officials appointed by the City Manager shall make an investigation to determine whether the sanitary and operating condition and number of all of such facilities to be used by the public and/or employees shall be sufficient in number and are satisfactory and should be approved shall be made immediately prior to the installation of such facilities. The owner, operator or sponsor shall comply with all rules, regulations, ordinances and laws of the State of Kansas and its various agencies, the City and the CityCounty Health Department.

(Ord. 1574, Sec. 12)

5-513 Storage on Public Property.

No carnival or amusement or enterprise shall store any trucks or other vehicles on any of the public grounds owned by the City without the written permission of the City Manager.

(Ord. 1574, Sec. 13)

5-514 Parking.

There shall be provided at least one off street parking space for each two (2) persons anticipated to be in attendance at such event at any one time.

(Ord. 1574, Sec. 14)

5-515 Use of Public Property Prohibited.

It shall be unlawful for any persons to conduct, hold, carry on or operate any street fair, carnival, party or similar amusement or entertainment or enterprise upon or any public street, avenue, alley, boulevard or sidewalk.

(Ord. 1574, Sec. 15)

5-516 Hours of Operation.

All events including parties shall close and cease operations at or before 12:00 midnight.

(Ord. 1574, Sec. 16)