Article 6. Amusement Centers Parks and Rides

3.6.1.     Definitions.

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

Amusement park means inflatables, kiddie rides or amusement rides which are permanently attached to the real estate where such rides are operated.

Amusement ride means any inflatable or mechanical or electrical 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 and shall include, but not be limited to:

Rides commonly known as ferris wheels, carousels, parachute towers, bungee jumping, reverse bungee jumping, tunnels of love and roller coasters;

Equipment generally associated with winter activities, such as ski lifts, ski tows, j- bars, t-bars, chair lifts and aerial tramways;

Equipment not originally designed to be used as an amusement ride, such as cranes or other lifting devices, when used as part of an amusement ride;

Kiddie rides; and

Temporary amusement rides.

Amusement Ride Company means an individual, partnership, business, corporation or non-profit entity which:

Operates an amusement park; or

Operates, leases or rents amusement, kiddie or temporary amusement rides, including inflatables.

Carnival means an amusement enterprise, including a circus, usually consisting of one or more amusement rides, shows, or concessions which is erected or operated within the City on a temporary basis.

Certificate of inspection means a certificate, signed and dated by the appropriate, qualified inspector, showing that an amusement ride or temporary amusement ride has satisfactorily passed inspection by such inspector.

Chief of Police means the Chief of Police of Bel Aire, Kansas or his or her designee.

City means the City of Bel Aire.

City Inspector means the Designated Building Inspector for the City of Bel Aire, Kansas or his or her designee.

Inflatable means any structure fabricated from flexible material, kept inflated by one or more blowers which rely on air-pressure to maintain their shape and are used by participants to bounce, slide, run, jump or climb. Such term includes, but is not limited to: bounce houses, mazes, obstacle courses, inflatable slides, moon walks, inflatable climbing walls, or other similar types of amusement apparatus.

Kiddie ride means an amusement ride designed primarily for use by children up to twelve (12) years of age that requires simple reassembly procedures prior to operation.

Level I Qualified Inspector means a person who holds a current level I or higher certification from the National Association of Amusement Ride Safety Officials (NAARSO).

Level II Qualified Inspector means a person who holds a current level II or higher certification from the National Association of Amusement Ride Safety Officials (NAARSO).

Licensee means any person to whom a current license has been issued under this article authorizing such person to conduct the business of an Amusement Ride Company.

Nondestructive testing means the development and application of technical methods such as radiographic, magnetic particle, ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, acoustic emission, visual and leak testing to:

Examine materials or components in ways that do not impair the future usefulness and serviceability in order to detect, locate, measure and evaluate discontinuities, defects and other imperfections;

Assess integrity, properties and composition; and

Measure geometrical characters.

Operator means a person employed by or compensated by a licensee who is actually engaged in or directly controlling the operations of an amusement ride.

Parent or guardian means any parent, guardian or custodian responsible for the control, safety, training or education of a minor or an adult or minor with an impairment in need of a guardian or a conservator, or both, as those terms are defined by K.S.A. 59-3051 and amendments thereto.

Patron means any individual who is:

Waiting in the immediate vicinity of an amusement ride to get into or on the ride;

Getting on or into an amusement ride;

Using an amusement ride;

Getting off an amusement ride; or

Leaving an amusement ride and still in the immediate vicinity of the ride.

Patron does not include employees, agents or servants of the licensee while engaged in the duties of their employment.

Person means any individual, association, partnership, corporation, limited liability company, government or other entity.

Renter means a person who rents, leases or enters into a contract for the rental or use of an amusement ride.

Serious injury means an injury that results in:

Death, dismemberment, significant disfigurement or permanent loss of the use of a body organ, member, function or system;

A compound fracture; or

Other significant injury or illness that requires immediate admission and overnight hospitalization and observation by a licensed physician.

Self-inspection means that the licensee causes the inspection of an amusement ride by an appropriate level qualified inspector without using the services of a third-party inspector.

Sign means any symbol or language reasonably calculated to communicate information to patrons or their parents or guardians, including placards, prerecorded messages, live public address, stickers, pictures, pictograms, guide books, brochures, videos, verbal information and visual signals.

Temporary amusement rides for the purpose of this article, shall be construed to include and mean the operation, leasing or renting of amusement rides which can be, or are, moved from location to location.

3.6.2.     Exceptions.

The provisions of this article shall not apply to:

Games, concessions and associated structures;

Any coin-operated ride that: (i) is manually, mechanically or electrically operated; (ii) is customarily placed in a public location; and (iii) does not normally require the supervision or services of an operator;

Non-mechanized playground equipment, including, but not limited to: swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines and physical fitness devices;

Amusement rides which are used solely for private residential use. As used in this section, 'private residential use' shall mean use by the owner of the ride, his or her family and guests for their personal enjoyment for which no admission fee is charged;

Advertising inflatables or inflatable target games that do not require participants to enter into or climb on;

Boats, air mattresses, or other flotation devices.

3.6.3.     License required; fee.

It is unlawful for any person, firm, partnership or corporation to engage in the business of an Amusement Ride Company without having first obtained a license therefore from the City Clerk and paying a license fee as follows:

A non-refundable application fee of twenty-five dollars ($25.00) shall accompany the license application.

Persons engaged in the operation of amusement parks shall pay an annual license fee of six hundred dollars.

Persons engaged in the operation of temporary amusement rides, when not part of an amusement park as provided for in subsection (2) of this section, shall pay a license fee as follows:

For twenty or more temporary amusement rides the annual license fee shall be six hundred dollars.

For persons who own, operate, rent, or lease less than twenty temporary amusement rides, the annual license fee shall be thirty dollars per Amusement Ride.

A license under this section is not transferable to another person or location. A change in ownership shall require the new owner to secure a new license.

Licenses shall be issued for a year. No reminders will be issued to licensees to obtain a license renewal.

In addition to the requirements set forth in this article, carnivals, amusement rides of any number to be operated upon public property, and circuses are required to obtain a special event license of the City of Bel Aire.

3.6.4.     License; application.

A person desiring to operate an Amusement Ride Company within the City of Bel Aire shall file with the City Clerk a written application upon a form provided for that purpose, which must be signed by the applicant or the applicant's authorized agent. The following information and documentation is required and shall be submitted with the application:

Business name, address, telephone number, and intended hours of operation of the business;

A list of the name, manufacturer, type and serial or other identification number (if available) of amusement rides which are used by the licensee, or rented or leased to other persons by the licensee or applicant;

The name, address and telephone number of the owner of the business and the licensee, if differing individuals;

Copies of ride inspections;

Name, address, and telephone number of individual inspecting the rides;

Copy of ride inspector's certification;

Proof of liability insurance as required by this article;

Any felony convictions of either the owner of business, licensee or any ride operators; and

A statement that the applicant for license is familiar with the conditions imposed upon his or her business by the Codes of the City, and that the licensee will conform to the requirements of all such Codes.

3.6.5.     Denial of license.

An application for an Amusement Ride Company license or renewal of such license may be denied if:

The applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process;

The application is incomplete or does not contain the information required by this article;

The applicant fails to comply with any conditions of approval including, but not limited to:

Remittance of all application and licensing fees;

Proof of liability insurance required;

Proof of annual inspection of rides;

Proof of certification of ride inspector;

Obtaining all other permits and licenses required by the City Code.

The applicant, in the last two years, has violated the requirements of this article or the provisions of the Kansas Amusement Ride Act, K.S.A. 44-601, et seq. and amendments thereto.

For the purposes of this section, the filing of charges or a conviction in a court of law is not required to establish that a licensee or applicant has previously violated the terms and conditions of this article. A certified or notarized copy of a revocation of license or list of uncorrected violations generated by any state or local government entity shall be evidence of such violation. A certified copy of conviction from any local or state court for any violation contained within subsection (d) is prima facia evidence of a violation. A conviction shall include being placed on diversion or being adjudged guilty upon entering a plea of no contest. Violations of this article occurring prior to September 1, 2010, shall not be considered in determining if a license shall be issued or re-issued to an applicant or licensee.

The applicant shall be notified of the denial in writing. The denial shall set forth the specific reasons for the denial of the application.

3.6.6.     Installation and operation regulations of temporary amusement rides.

All temporary amusement rides shall conform to the following regulations and requirements:

All improvements, and temporary amusement rides installed, erected or operated shall meet and comply with all requirements and regulations provided in and by any codes adopted by the City, including but not limited to: building codes, fire codes, health and safety codes, and zoning codes.

No mechanical piano, organ, phonograph or other instrument or device by which music is produced or reproduced shall be played or operated in connection with a temporary amusement ride after the hour of nine p.m., Sunday through Thursday, or after the hour of ten p.m., Friday and Saturday; and the volume of noise produced and emitted by such mechanical instruments or devices shall be kept in compliance with the regulations governing vehicle and non-vehicle sound amplification systems, and the provisions of the nuisance Code of the City of Bel Aire regulating noise.

No temporary amusement ride shall be operated after the hours of ten p.m., Sunday through Thursday, or after the hour of eleven p.m., Friday and Saturday.

3.6.7.     Installation and operation regulations of amusement parks.

All amusement parks shall conform to the following regulations and requirements:

No amusement park shall be installed or operated in use districts other than those districts where allowed by the Bel Aire Zoning Code, relating to zoning within the corporate city limits of the City of Bel Aire.

Unless other fence screening is required by the Bel Aire Zoning Code, the entire area within which such amusement park is installed and operated shall be enclosed by a wire fence of a minimum height of five feet or other mode of screening approved by the City Inspector.

Adequate toilet facilities shall be provided in connection with such amusement park, and shall be constructed and maintained in accordance with the ordinances of the City of Bel Aire.

Such amusement parks shall be operated in full compliance with all requirements of the health and sanitation ordinances of the City.

All improvements, amusement rides or buildings installed, erected or operated in connection with amusement parks shall meet and comply with all requirements and regulations provided in and by the building code and the electrical code of this City.

No mechanical piano, organ, phonograph or other instrument or device by which music is produced or reproduced shall be played or operated in connection with a temporary amusement ride after the hour of nine p.m., Sunday through Thursday, or after the hour of ten p.m., Friday and Saturday; and the volume of noise produced and emitted by such mechanical instruments or devices shall be kept in compliance with the regulations governing vehicle and non-vehicle sound amplification systems, and the provisions of the nuisance Code of the City of Bel Aire regulating noise.

Amusement parks shall close and cease operations promptly at eleven p.m.

No amusement ride shall be operated after the hours of ten p.m., Sunday through Thursday, or after the hour of eleven p.m., Friday and Saturday.

Exception: The closing times set forth above shall not be applicable to the operation of amusement park attractions and amusement rides which are operated completely within an enclosed building.

3.6.8.     Liability insurance.

No person, firm, partnership, non-profit organization, or corporation within the corporate limits of the City shall be licensed as an Amusement Ride Company until a certificate of commercial general liability insurance with coverage of not less than one million dollars per occurrence is deposited and filed with the City Clerk or his or her designee. The requirement of providing proof of insurance shall not apply if the owner of such amusement ride or park is the state, City or any subdivision of the State of Kansas.

3.6.9.     Inspections.

The licensee shall, as part of the license application or renewal, provide the City Clerk or his or her designee with a certificate of inspection by the appropriate, qualified inspector for the operation of any amusement ride.

Each certificate shall be in a format approved by the City Inspector and shall include, at a minimum, the following information:

The date of inspection;

Name, manufacturer, type and serial or other identification number, if applicable, of the amusement ride inspected;

The items inspected including, but not limited to, any and all rides, attractions, structures, related utilities, support equipment and supplies;

The printed name, address, certification level, date of certification, and signature of the qualified inspector;

Specify any and all known defects or dangerous conditions, including defects or conditions which could be reasonably discovered, pursuant to an inspection, concerning any and all rides, attractions, structures, related utilities, support equipment and supplies;

The results of the nondestructive testing of the amusement ride which has been conducted in accordance with the recommendation of the manufacturer of the amusement ride and in conformance with standards at least equivalent to the current standards of the American Society for Testing and Materials.

 

Inspections for inflatables or kiddie rides shall be performed by a Level I qualified inspector.

Inspections for amusement rides, other than inflatables or kiddie rides shall be performed by a Level II qualified inspector.

No amusement ride shall be operated in the City unless such ride has a valid certificate of inspection.

Amusement Park rides erected at a permanent location in the City shall be inspected by a Level II qualified inspector at least once every twelve (12) months.

Inflatable or kiddie rides shall be inspected by a Level I qualified inspector at least once every twelve (12) months.

Temporary amusement rides, with the exception of kiddie rides and inflatables, shall have been self-inspected by a Level II qualified inspector within the preceding thirty (30) days prior to the ride being erected.

The certificate of inspection required by this subsection shall be signed and dated by the appropriate level qualified inspector. A copy of such inspection shall be submitted for review by the City Inspector.

An inspection verification certificate, issued by the City, shall be posted in plain view on or near the amusement ride in a location where it can easily be seen.

3.6.10.     Operating requirements.

The licensee shall retain, at all times, current maintenance and inspection records for each ride. These records shall be retained in such a way that segregates the records by ride. Such records shall be available to any officer authorized to enforce the provisions of this article and any person contracting with the licensee for the amusement ride's operation.

No amusement ride shall be operated in the City unless nondestructive testing of the ride has been conducted in accordance with the recommendations of the manufacturer of the ride and in conformance with standards at least equivalent to the current standard of the American Society for Testing and Materials.

Operators of amusement rides should have satisfactorily completed training that includes, the following:

Instruction on operating procedures for the ride, the specific duties of the operator, general safety procedures and emergency procedures;

Demonstration of physical operation of the ride;

Supervised observation of the operator's physical operation of the ride;

The manufacturer's recommendations for operation, set-up, use and maintenance of the amusement ride.

Such training should occur at least once every twelve months and may be conducted by the licensee or his or her designee.

At the time of renting or leasing a temporary amusement ride, the licensee shall provide, in writing, to the individual renting the ride, the following:

Instructions on operating procedures for the ride;

General safety and emergency procedures;

Name, license number, address and phone number of the amusement ride company;

The name, manufacturer, serial number or other identification number of the amusement ride;

Date of last inspection;

Copy of inspection verification for the amusement ride issued by the City of Bel Aire.

No amusement ride shall be operated in the City unless the name of each operator trained to operate the ride and the certificate of each such operator's satisfactory completion of training, signed and dated by the trainer, is available to any official designated to enforce this article and any person contracting with the owner for the amusement ride's operation on the premises where the amusement ride is operated, during the hours of operation of the ride.

No amusement ride shall be operated in the City unless there is posted in plain view on or near the ride, in a location where they can be easily read, all safety instructions for the ride.

All amusement rides shall be operated in accordance with the manufacturer's instructions and recommendations for the operation, set-up, use and maintenance of such ride.

The licensee or his or her agent shall contact or call the Emergency Communications Center (911) to report any serious injury sustained on an amusement ride within one hour of the injury. Such notification shall include:

The name, address and phone number of the injured person;

A full description of the incident, the injuries claimed, any treatment received and the location, date and time of the injury;

The cause of the injury, if known; and

The names, address and phone numbers of any witnesses to the incident.

Whenever a serious injury results from the operation of an amusement ride:

Operation of the ride shall immediately be discontinued;

Operation of the ride shall not be resumed until it has been inspected and the appropriate level qualified inspector has approved resumption of operation; and

The licensee, within thirty (30) days after the injury, shall notify the manufacturer of the ride, if the manufacturer is known and in existence at the time of the injury.

It shall be the responsibility of the licensee to notify the City Inspector of the purchase of any additional amusement rides to be operated within the City whether or not such amusement rides are covered under an existing license to operate.

Prior to the use of a new amusement ride, the licensee shall submit to the City Inspector proof of purchase of such amusement ride.

Prior to the use of a used amusement ride, the licensee shall submit to the City Inspector a copy of an inspection by the appropriate level qualified inspector.

Upon receipt of the proof of purchase or inspection, the City Inspector will issue an inspection verification for such amusement ride.

3.6.11.     Patron's and renter's responsibility.

Each patron of an amusement ride, by participation, accepts the risks inherent in such participation of which an ordinary prudent person is or should be aware.

Each patron, or parent of a minor patron, of an amusement ride has a duty to:

Exercise the judgment and act in the manner of an ordinary prudent person while participating in an amusement ride;

Obey all instructions and warnings, written or oral, prior to and during participation in an amusement ride;

Refrain from participation in an amusement ride while under the influence of alcohol or drugs;

Engage all safety devices that are provided;

Refrain from disconnecting or disabling any safety device except at the express direction of the owner's agent or employee;

Refrain from extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee;

Parents/guardians shall monitor the activities of their minor child/children while such child/children are in the vicinity of amusement rides; and

Any parent or guardian of a patron shall have a duty to reasonably ensure that the minor patron complies with all provisions of this section.

Each renter of an amusement ride has a duty to:

Operate any and all rented amusement rides in accordance with written and oral instructions regarding the operation, set-up and use of such ride as provided by the Amusement Ride Company;

Comply with any and all written or oral safety and emergency procedures as provided by the Amusement Ride Company;

Contact or call the Emergency Communications Center (911) to report any serious injury sustained on an amusement ride within one hour of the injury. Such notification shall include:

The name, address and phone number of the injured person;

A full description of the incident, the injuries claimed, any treatment received and the location, date and time of the injury;

The cause of the injury, if known; and

The names, address and phone numbers of any witnesses to the incident.

Engage all safety devices that are provided for the amusement ride;

Ensure that patrons do not disconnect or disable safety devices of the amusement ride;

Take necessary steps to reasonably ensure that patrons comply with safety, operation and use requirements of the amusement ride.

3.6.12.     Enforcement and inspection.

The City Inspector, or his or her designee, and the Chief of Police, or his or her designee, is authorized to inspect and approve the licensee's premises and amusement rides to ensure compliance with all state laws and the ordinances of the City of Bel Aire governing public health, safety and welfare.

3.6.13.     Compliance.

All licensees shall comply with all ordinances and regulations of the City of Bel Aire. A violation of the provisions of this article or any ordinances of the City of Bel Aire shall constitute grounds for revocation or suspension of the license.

3.6.14.     Suspension or revocation of license; notice of hearing.

Any license issued under this article may be suspended for a period not to exceed thirty days or revoked by the Chief of Police or City Inspector or his or her designee upon five days' written notice, if the licensee:

Has failed to pay the annual license fee;

Violated any provision of this article or the provisions of the Kansas Amusement Ride Act, K.S.A. 44-601, et seq. and amendments thereto;

Becomes ineligible for a license;

The licensee or applicant has knowingly given a false statement as to a material fact submitted to the City Clerk during the application process;

Has failed to report a serious accident to an officer authorized to enforce the provisions of this article;

Has failed to maintain sufficient inspection and maintenance records or;

Has failed to permit the inspection of the premises and/or inspection and maintenance records during business hours by any official authorized to enforce the provisions of this article. The specific reasons for the revocation or suspension shall be set forth in the notice.

For the purposes of subsection A, written notice shall be deemed sufficient upon personal service or the mailing of the notice to the most recent address on the application of the licensee or applicant on file with the City Clerk.

For purposes of this Section, the filing of charges or a conviction in a court of law is not required to establish that a licensee or applicant has violated the terms and conditions of this article or, the Amusement Ride Act, K.S.A. §44-601 et. seq. A certified copy of conviction from any local or state court for such violation is prima facia evidence of a violation. A conviction shall include being placed on diversion or being adjudged guilty upon entering a plea of no contest.

For purposes of this Article, a suspension of license to operate is an immediate act by an authorized agent of the City or the State to close an amusement facility or close an amusement ride, when such has been reasonably deemed by such agent to be in violation of this Article.

For purposes of this Article, a revocation of a license to operate is an official action by the City following due process as set forth above.

A revocation may follow a suspension, but is not a mandatory prerequisite.

3.6.15.     Appeal procedure.

Any applicant or licensee aggrieved by the denial, suspension or revocation of an amusement ride license may file with the City Clerk a written notice of appeal to the City Council within seven (7) business days of the decision by the Chief of Police or City Inspector or his or her designee. The Notice of Appeal shall specify:

The name and address of the appellant;

The date of application;

The date of the denial, suspension or revocation of the license or application; and

The factual basis for the appeal.

The notice of appeal shall be accompanied by a fee of $100.00. Upon receipt of a complete and timely filed Notice of Appeal, the City Clerk shall schedule a hearing before the City Council, no later than thirty (30) days from the date of the filing of the Notice of Appeal with the City Clerk. Any appeal shall stay a revocation of the license, but not disturb any order of suspension of a license, until the matter is heard by the City Council.

The City Council may approve the denial, suspension or revocation, overrule the denial, suspension or revocation or modify the decision of the Chief of Police or City Inspector.

The Council's decision may be appealed to the Eighteenth Judicial District Court of the State of Kansas pursuant to K.S.A. 60-2101. Any such appeal to the District Court shall not stay the denial, revocation or suspension of the license by the City Council. The decision of the City Council shall become effective immediately.

In case of the revocation of any license, no new license shall be issued to such licensee or to any person acting on his or her behalf for a period of two years from the date of the revocation.

3.6.16.     Penalty.

Any person who violates any provision of this article is guilty of an unclassified misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for not more than one month, or by both such fine and imprisonment.

Each day a violation continues shall constitute a separate offense.

3.6.17.     Special supervision.

In addition to the regular license fees required herein, the chief of police may determine, at any time, special supervision shall be required in connection with the conduct of the amusement park, carnival, or special event. In such event, the applicant shall pay an additional sum to help defray the cost of special supervision. The amount of special supervision to be paid shall be that amount necessary to reimburse the City for the time of any of its employees utilized in the special supervision. The chief of police shall designate personnel to supervise under the provisions hereof. If the chief of police shall not determine supervision to be necessary, the chief shall have the continuing right to make such finding of necessity of supervision in which event he or she shall, in writing, notify the city clerk and the licensee and within twenty-four (24) hours the licensee shall make arrangements for the cost of such special supervision. If the chief of police shall determine supervision to be no longer necessary, after having been instituted, he or she shall make such determination, in writing. The chief of police shall have the continuing right to ascertain that supervision is necessary under the provision hereof.