For the purposes of this Article, the following terms shall have the meanings ascribed below:

(a)   Amusement Park shall be construed to include and mean a permanent installation of riding and amusement devices of the type commonly employed in the operation of carnivals such as merry-go-rounds, Ferris wheels, miniature trains, pony rides, carousels, parachute towers, bungee jumping, reverse bungee jumping, roller coasters, cranes or other lifting devices when used as a part of an amusement ride, inflatable equipment or other devices that do not have rigid structures or frames and which are inflated or otherwise supported by air pressure and other similar devices.

(b)   City shall mean the City of Park City, Kansas.

It shall be unlawful for any person, firm, partnership or corporation to engage in the business and occupation of operating an amusement park without having first obtained a license therefore from the City Clerk and paying a license fee of $25.00, which shall not be prorated and which shall be paid on May first of each year.

All amusement parks installed and operated within the City shall conform to the following regulations and requirements:

(a)   FENCES. Unless other screening is required by the zoning regulations, the entire area within which an amusement park is installed and operated shall be enclosed by a woven wire fence or a stockade fence of a minimum height of six feet; provided however, if permanent structures and other physical barriers exist that, together with fencing, provide a continuous border around the amusement park that prevents unauthorized entry, no fencing shall be required around such structures and physical barriers.

(b)   HEALTH AND SANITATION. Such amusement park shall be operated in full compliance with all regulations and requirements relating to health and sanitation as set forth by the ordinances of the City and the laws of the State of Kansas.

(c)   BUILDING AND ELECTRICAL CODES. All improvements, riding devices or construction installed, erected or operated in connection with an amusement park shall meet and comply with all requirements and regulations provided in and by the City’s building and electrical code ordinances.

No person, firm, partnership or corporation shall be licensed to engage in the business or occupation of operating an amusement park within the corporate limits of the City until a certificate of commercial general liability insurance covering the operation of such amusement park and with policy limits of not less than $1,000,000 per occurrence is deposited and filed with the City Clerk. The licensee shall notify the City Clerk, within ten business days, of any change in the insurance policy limits; change in insurer or termination of any coverage related to the liability insurance evidenced in said certificate.

As part of the license application or the renewal of any license, the applicant shall provide the City Clerk with a Certificate of Inspection for the operation of an amusement park. Such a certificate shall:

(a)   State the date of the inspection and the items inspected including, but not limited to, any and all rides, attractions, structures, related utilities and support equipment and supplies;

(b)   Specifically state any and all known defects or dangerous condition, including defects or conditions which could be reasonably discovered pursuant to an inspection relating to any and all rides, attractions, structures, related utilities and support equipment and supplies.

Such inspections shall be performed by a level 1 certified NAARSO, Level 1 certified AIMS or an amusement ride inspector certified by the State of Kansas or any other state.

Any license issued hereunder may be suspended by order of the Chief of Police as to any specific riding or amusement device for which it is determined that

(a)   the Certificate of Inspection with respect to such device has lapsed without being renewed;

(b)   such device has been excluded from the general liability insurance policy covering the operation of the licensed amusement park; or

(c)   because of a violation of any provision of this article such device, in the opinion of a qualified inspector, presents an immediate danger to human health and safety. Such suspension order shall be in writing and shall be provided to the licensee at least five (5) days prior to the effective date of such suspension. Such notice shall set forth the specific basis for the suspension and the suspension shall remain in effect until such time as the cause for the suspension is cured or such suspension is reversed on appeal.

The licensee may appeal such order of suspension in writing to the City Council, which shall determine the same at its next regular meeting. As part of the curing of the cause for suspension ordered under subsection (c), the licensee shall be obligated to reimburse the City for any and all costs associated with the City’s retention of a qualified inspector.

The City Council, after a hearing upon at least thirty (30) days’ written notice to the licensee, may revoke or suspend any license if (a) the licensee has failed to pay the annual license fee prior to the hearing; (b) the licensee at the time of the hearing has become ineligible for a license; (c) the licensee has intentionally made a false statement as to a material fact during the application process for a license; or (d) the licensee has a persistent pattern of safety related suspensions as to a riding or amusement device that the licensee has not voluntarily removed from the amusement park.

Within thirty (30) days after the denial of any license or any order revoking or suspending any license, in whole or in part, the applicant or licensee may appeal from such denial or order to the district court of Sedgwick County as provided by law.

Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not to exceed five hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment.