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County Manager's Office

Phone: 913-715-0725

111 S Cherry, Suite 3300, Olathe, KS 66061

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Permit: Amusement Enterprises

DIVISION 4.

Download and complete application

Sec. 50-84. - Definitions.

Sec. 50-85. - Enforcement and penalties.

Sec. 50-86. - Exceptions.

Sec. 50-87. - Conduct prohibited.

Sec. 50-88. - Prohibited activities.

Sec. 50-89. - Permit required.

Sec. 50-90. - Standards for issuance of permit.

Sec. 50-91. - Insurance requirements.

Sec. 50-92. - Conduct of amusement enterprise.

Secs. 50-93—50-112. - Reserved.

Sec. 50-84. - Definitions.

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.

Sec. 50-85. - Enforcement and penalties.

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.

Sec. 50-86. - Exceptions.

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)

Sec. 50-87. - Conduct prohibited.

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)

Sec. 50-88. - Prohibited activities.

(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)

Sec. 50-89. - Permit required.

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)

Sec. 50-90. - Standards for issuance of permit.

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)

Sec. 50-91. - Insurance requirements.

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)

Sec. 50-92. - Conduct of amusement enterprise.

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)

Secs. 50-93—50-112. - Reserved.

Permit: Commercial Parties and Celebrations

DIVISION 6.

Download and complete permit application

Sec. 50-150. - Enforcement and penalties.

Sec. 50-151. - Permit required.

Sec. 50-152. - Qualifications for issuance of permit.

Sec. 50-153. - Conduct of the event.

Secs. 50-154—50-174. - Reserved.

Sec. 50-150. - Enforcement and penalties.

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. 6, § IV, 7-28-1988)

Sec. 50-151. - Permit required.

No person shall conduct, operate, manage, or participate in the administration or management of a commercial party or celebration, as defined in this article, without first having obtained a permit as required and provided by this article.

(Res. No. 66-88, art. 6, § I, 7-28-1988)

Sec. 50-152. - Qualifications for issuance of permit.

A permit for a commercial party or celebration shall be issued under this division only upon satisfaction of the following requirements:

(1) The applicant is a person 18 years of age or older;

(2) The applicant files with the application a detailed site plan for the event, which, at a minimum, shows:

a. The location and provision for any structures and all utility services, including water, electricity and sanitary facilities; and

b. Provisions for parking and transportation to and from the event.

(3) The location of the event is private property zoned for agricultural or commercial use, and the owner of the property files a written consent to the event;

(4) The conduct of the event will not occur within 1,000 feet of any occupied residence or dwelling unit other than that of the owner of the property where 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.

(5) The operator of the event posts a bond with the county in the amount of $10,000.00 covering the proper operation of the event and restoration of the property;

(6) The operator files with the county proof of liability insurance covering the specific event with policy limits of at least $500,000.00 per occurrence;

(7) The operator provides written plans for providing security, sanitary facilities, emergency services and first aid, fire protection, and waste disposal and cleanup.

(Res. No. 66-88, art. 6, § II, 7-28-1988)

Sec. 50-153. - Conduct of the event.

Any commercial party or celebration conducted pursuant to a permit issued under this article shall be operated under the following conditions:

(1) Hours of operation. No commercial party or celebration shall be conducted before 7:00 a.m. or after 1:00 a.m.

(2) Time duration. No commercial party or celebration shall be conducted for a time period of more than two continuous days.

(3) Limitation on number. No more than one commercial party or celebration shall be conducted per month at any one specific location, and no more than four events shall be conducted at any one location during any 12-month period.

(4) Attendance. No commercial party or celebration shall be conducted with an actual attendance in excess of 5,000 persons, and no person under the age of 18 shall be admitted to the commercial party or celebration unless accompanied by a parent or legal guardian.

(5) Code compliance. The operator of any commercial party or celebration shall comply with all applicable state, federal and local rules, laws and regulations applicable to the activity being conducted, including but not limited to laws applicable to the sale and consumption of alcoholic and cereal malt beverages, and 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.

(6) Lights and sound. All artificial lighting sources used during operation of a commercial party or celebration shall be erected, arranged and maintained in such a manner that they comply with the requirements of the zoning administrator of the county for height and illumination intensity for outdoor lighting, and all sound amplification equipment and public address system used during operations of the commercial party or celebration shall be arranged and maintained in a manner which allows the sound and noise to be controlled at levels which will not cause undue public disturbance in any nearby residences or dwelling units.

(7) Traffic and parking. The operator of any commercial party or celebration shall provide for personnel to control and regulate traffic and parking throughout operation of the event. Temporary traffic control signs and no parking signs shall be obtained from the office of the county sheriff and shall be posted in the places and manner deemed advisable by the sheriff. No parking signs shall be posted upon all public roadways located within 1,000 feet of the property upon which the event shall take place, and no person attending or participating in the event shall be allowed to park any vehicle upon any public roadway or road right-of-way.

(8) Sanitation and rubbish. The operator of any commercial party or celebration shall provide for adequate and acceptable sanitary facilities for use by persons attending or participating in the event, and all rubbish, trash, and waste products shall be cleaned from and removed from the premises at least once each day during operation of the event.

(9) 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. 6, § III, 7-28-1988; Res. No. 012-12, 5-31-2012)

Secs. 50-154—50-174. - Reserved.

Permit: Fireworks

DIVISION 3. - FIREWORKS

Download and complete permit application

Sec. 50-69. - Definitions.

Sec. 50-70. - Enforcement and penalties.

Sec. 50-71. - Exception.

Sec. 50-72. - Sale and use prohibited.

Sec. 50-73. - Public display permit.

Sec. 50-74. - Qualifications for permit.

Sec. 50-75. - Conduct of public display.

Secs. 50-76—50-83. - Reserved.

Sec. 50-69. - Definitions.

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:

Fireworks.

(1) The term "fireworks" means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, sky rockets, Roman candles, Daygo bombs, sparklers or other devices of like construction and any device containing an explosive substance.

(2) The term "fireworks" does not include the following:

a. Toy caps which do not contain more than one quarter grain of explosive compound per cap or devices in which such caps are used;

b. Highway flares, railway flares or fuses, ship distress signals, smoke candles, or other emergency signal devices; or

c. Firearm ammunition.

Qualified civil group or organization means any governmental entity, homeowners' association, neighborhood association, group of homeowners which comprise a majority of the residences within 1,000 feet of the location of the display, and similar groups maintaining a neighborhood or civic purpose.

(Res. No. 66-88, art. 3, § I, 7-28-1988)

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

Sec. 50-70. - Enforcement and penalties.

(a) The offering for sale, exposing for sale, or selling at retail of fireworks shall be a public offense, punishable upon conviction by a fine in an amount not less than $500.00 and not more than $1,000.00. Any other 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.

(b) Each separate day that a violation exists or occurs shall be considered a separate violation, subject upon conviction to an additional and separate fine amount.

(Res. No. 66-88, art. 3, § VII, 7-28-1988; Res. No. 045-01, § 1, 6-28-2001)

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

Sec. 50-71. - Exception.

This division shall not apply to the use of any fireworks for agricultural, emergency, or railroad or transportation purposes, where that use is a part of the normal business operations of the user.

(Res. No. 66-88, art. 3, § VI, 7-28-1988)

Sec. 50-72. - Sale and use prohibited.

No person shall store, offer for sale, expose for sale, sell at retail, use, explode, discharge or possess any fireworks, as defined in this division, within the unincorporated area of the county, except for permitted public displays, wholesale distribution outside the county, and permitted agricultural usage.

(Res. No. 66-88, art. 3, § II, 7-28-1988)

Sec. 50-73. - Public display permit.

No person shall use any fireworks, as defined in this division, as part of or in a public exhibition or display of fireworks without first having obtained a permit, in the manner provided in division 2 of this article.

(Res. No. 66-88, art. 3, § III, 7-28-1988)

Sec. 50-74. - Qualifications for permit.

A permit for the public exhibition or display of fireworks shall be issued only upon satisfaction of the following qualifications:

(1) The person requesting the permit represents a qualified civic group or organization;

(2) The public exhibition or display of fireworks will be conducted as part of a holiday celebration, special event or activity, ceremony, or other occasion of similar nature; and

(3) The person conducting the public exhibition or display of fireworks has demonstrated knowledge and experience in the safe and proper storage, handling and firing of fireworks or related incendiary devices.

(Res. No. 66-88, art. 3, § IV, 7-28-1988)

Sec. 50-75. - Conduct of public display.

Any public exhibition or display of fireworks conducted pursuant to a permit issued under this article shall be conducted in accordance with the following conditions:

(1) Fireworks shall be kept and stored, prior to firing, in a place and manner which is not hazardous to property or dangerous to any person;

(2) The exhibition or display shall be arranged so that the fireworks are to be fired at least 100 feet from the nearest building, nearest public roadway, and nearest point of location of any persons viewing the exhibition or display;

(3) Fireworks that fire a projectile into the air shall be directed in such manner that the projectile does not fire over or above any building structure or any persons viewing the exhibition or display, and the angle of the projectile shall be no more than 15 degrees from vertical;

(4) The persons firing the fireworks shall be at least 18 years of age, and there shall be at least two persons supervising the actual firing at all times during the display;

(5) At least two approved fire extinguishers shall be present at the site of the firing of the fireworks;

(6) The person conducting the exhibition or display shall have or provide liability insurance coverage which would apply to the display in an amount satisfactory to the county manager; and

(7) All unfired fireworks and fireworks residue remaining after the public exhibition or display shall be immediately disposed of in a manner safe for that type of fireworks and such that no hazardous or dangerous condition is created.

(Res. No. 66-88, art. 3, § V, 7-28-1988)

Secs. 50-76—50-83. - Reserved.

Permit: Itinerant Sales Activity and Auctions

DIVISION 7.

Download and complete permit application

Sec. 50-175. - Definitions.

Sec. 50-176. - Enforcement and penalties.

Sec. 50-177. - Exceptions and exclusions.

Sec. 50-178. - Conduct prohibited.

Sec. 50-179. - Permit required.

Sec. 50-180. - Prohibited activities.

Sec. 50-181. - Standards for issuance of permit.

Sec. 50-182. - Conduct of itinerant sales activities.

Sec. 50-183. - Lawful authority to sell.

Sec. 50-175. - Definitions.

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:

Auction means an event where goods, wares, or merchandise are available and offered for sale, by item or by lot, whether by the owner or as consignee, upon received bid, whether open or sealed, to the highest or best bid.

Farm sale means any sale, or the display for sale, of agricultural products or crops or farm implements or machinery or other household goods or furnishings conducted at or upon property which is zoned and used for agricultural farming purposes and the sale is being conducted by or on behalf of the owner or occupant of the real property.

Garage sale, yard sale and home sale mean any sale or display for sale of goods, household furnishings or merchandise, which is operated from or out of a single-family dwelling, a multifamily dwelling, an accessory use building, or on the premises of such dwelling or building upon property which is zoned for residential or agricultural uses.

Stand means any temporary structure, newsstand, table, bench, booth, rack, handcart, pushcart or any other fixture or device which is not constructed nor authorized at its location by the zoning and subdivision regulations of the county and which is used for the display, storage, transportation, and vending of articles offered for sale by a vendor or transient merchant.

Transient merchant means any person, including an employee or agent of another, whether as owner or consignee, who engages in a temporary business of selling, distributing or delivering goods, wares, merchandise or services and who operates the business activities from a temporary or nonpermanent business location.

Vendor means any person, including an employee or agent of another, who sells or offers to sell food, beverages, goods or merchandise on any public roadway or sidewalk, or from a stand, motor vehicle or from his person, and includes any person who travels from house to house or street to street selling or offering to sell food, beverages, goods or merchandise.

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

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

Sec. 50-176. - Enforcement and penalties.

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. 7, § IX, 7-28-1988)

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

Sec. 50-177. - Exceptions and exclusions.

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

(1) Any person who conducts no more than two garage, yard, farm or home sales during any calendar year and such sale is conducted from his own personal residence or agricultural property, and all items offered for sale are property of the owners or occupant of the home or farm;

(2) Any sale conducted or sponsored by a governmental entity or agency or by any public or private school or school district;

(3) Door-to-door sales or solicitations conducted by a religious, charitable or educational organization which is registered in the state or which is a not-for-profit corporation operating pursuant to section 501(c)(3) of the Internal Revenue Code;

(4) Sales of agricultural products from or upon the property where the products were grown or raised and which is conducted by the owner or occupant of the property;

(5) Sales of Christmas trees conducted from or upon property zoned for business or agricultural uses which occur during the Christmas holiday season;

(6) An estate sale of personal property or furnishings conducted as part of the disposition of the assets of a deceased person where the sale is conducted from the residence of the deceased person by family members or other authorized personal representative; and

(7) The sale of any goods, wares or merchandise from any business location where the property is zoned for such sales and activities.

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

Sec. 50-178. - Conduct prohibited.

No person shall conduct any business of itinerant sales, as a vendor or transient merchant, or operate an auction or garage, yard, farm or home sale, within the unincorporated area of the county, except as permitted and in the manner provided by this article.

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

Sec. 50-179. - Permit required.

It shall be unlawful for any person to conduct or engage in any itinerant sales, as defined in this article, without first having obtained a permit as required by this article.

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

Sec. 50-180. - Prohibited activities.

(a) Use of public property or right-of-way. No person shall conduct any itinerant sales, in whole or in part, upon public property of the county or upon any public roadway or right-of-way of the county.

(b) Use of vehicles. No sales shall be allowed, conducted or made from any vehicles while moving or from any vehicle stopped in the public roadway.

(c) Interference with traffic. No person shall conduct any itinerant sales or sales activities in any manner which interferes with or disrupts the normal flow of traffic.

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

Sec. 50-181. - Standards for issuance of permit.

A permit to conduct itinerant sales shall be issued only upon satisfaction of the following qualifications:

(1) The applicant for the permit is the owner or occupant of the property from or upon which all sales activities will be conducted or the applicant has submitted a written consent of the property owner for the sales activity.

(2) The applicant for the permit has submitted a map or drawing showing the exact location or locations where the sales activities will occur, and the location or locations indicated comply with the site limitations and requirements of this article.

(3) The sales activities proposed by the applicant for the permit will comply with all limitations on the type of sales permitted, the number of sales events permitted in any given calendar year, and the length of time for the sales event.

(4) The person making application has not been convicted of a violation of this article within the previous 12 months.

(5) The applicant has filed with the application a statement from the county sheriff stating that the sheriff has no information available to him that the applicant has ever been convicted of any violation of the laws of the state or the United States relating to fraud or consumer protection.

(6) The activities to be conducted by the applicant for the permit are not likely to cause interference with or disruption of the normal flow of traffic or pose any direct threat to the health or safety of the residents of the county.

(7) The applicant is a resident of the county or is qualified to do business within the state and has provided for a resident agent in the state who is qualified to accept legal service of process on behalf of the applicant.

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

Sec. 50-182. - Conduct of itinerant sales activities.

(a) Hours of operation. Itinerant sales activities shall be conducted only between the hours of 7:00 a.m. and 8:00 p.m.

(b) Duration of operations. Any permit issued pursuant to this article for the conduct of any auction sale or garage, yard, farm or home sale shall be valid only for a period of two days, which shall run consecutively, and no auction sale or garage, yard, farm or home sale shall be conducted for any period of time in excess of two consecutive days. Any permit issued pursuant to this article for any vendor or transient merchant for the conduct of any itinerant sales, other than an auction or garage, farm, yard or home sale, shall be valid only for a period of 14 days, which shall run consecutively, and no itinerant sales shall be conducted by any vendor or transient merchant for any period of time in excess of 14 consecutive days. Any permit issued under this article which has expired due to the time limitations of this section may be renewed, upon reapplication, for an additional like period of time, and any such renewal shall be considered as a new and separate permit, subject to the terms and conditions of this article and shall be counted separately for purposes of subsection (c) of this section.

(c) Limitation on number of permits. No more than four separate permits for any or all types of itinerant sales activities shall be issued under this article during any calendar year period to any one vendor, transient merchant or other person, whether directly or indirectly through an agent or representative, and no more than four such separate permits shall be issued under this article during any calendar year for the conduct of any or all types of itinerant sales activities at any one site location or upon one property ownership.

(d) Parking and traffic. During the operation of any itinerant sales activity conducted pursuant to a permit issued under this article, no person shall be allowed to park or let stand any vehicle upon any public roadway or road right-of-way, unless or until such person obtains permission from the sheriff to allow such parking, and the sheriff shall not permit such parking except upon a finding that it will not prevent nor substantially interfere with the normal flow of traffic upon the roadway nor inhibit the free access of emergency vehicles to or by the site. In the event that the sheriff does permit parking upon the public right-of-way or roadway, then such parking shall be restricted and limited to one side of the roadway only, and the applicant shall post, at its cost, signs which state "Parking on This Side Only" and "No Parking This Side." The person conducting the sales activity or event shall provide such traffic and parking control as necessary to prevent obstruction or disruption of the normal flow of traffic at the site location of the sale.

(e) Lighting and sound. No outdoor, artificial lighting shall be erected or used as a part of the operations of any itinerant sales except as may be compatible with or allowed upon the site location by the applicable provisions of the county zoning and subdivision regulations. No public address system or other sound generating or amplification equipment shall be used during or as a part of any itinerant sales activities other than an auction sale, and then, only that equipment normally used and necessary for announcing and receiving of bids.

(f) Site arrangement. Any vendor, transient merchant, or other person conducting itinerant sales pursuant to a permit issued under this article shall not erect any stand or other structure nor store or display any goods, wares or merchandise, nor conduct any sales activities within any public right-of-way or upon any sidewalk or within any setback area established for the normal use of that property location by the county zoning and subdivision regulations.

(g) Sanitation and restoration. At all times during and throughout any itinerant sales activity conducted pursuant to a permit issued under this article, the vendor, transient merchant, or other operator of the sale shall provide acceptable and appropriate sanitation facilities and rubbish collection receptacles and shall keep the site, and any area within 100 feet of the site, free and clean of any trash, rubbish or other debris accumulated or resulting from the sales activity. Upon completion of the sale event, the vendor, transient merchant or other operator of the sale shall have all trash or rubbish removed from the site and shall have the premises restored to the condition existing prior to the sale. Any and all handbills, signs, markers, or other advertisements, notices or posters used for or during the operation of the sales activity shall be collected, removed and appropriately disposed of within 24 hours after completion of the sale event.

(h) Code compliance. Any vendor, transient merchant, or other person conducting itinerant sales pursuant to a permit issued under this article shall comply, where applicable, with all building, electrical, plumbing, fire, safety, sanitation, public health, zoning and other codes, laws or regulations which apply to any activity conducted as a part of the sale.

(i) Signs. No permanent business or advertising sign shall be erected, placed or maintained for or as a part of any itinerant sales activities conducted pursuant to a permit issued under this article, and no mobile, temporary or other nonpermanent sign, of any kind or nature, shall be placed, erected or posted upon any public roadway or within any public right-of-way as advertisement for or as a part of the conduct of the sales activity.

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

Sec. 50-183. - Lawful authority to sell.

Any vendor, transient merchant, or other person conducting itinerant sales shall have lawful authority to possess and to sell any and all goods, wares, services and merchandise offered for sale and shall comply with all state and federal laws relating to the authority to sell any such articles. Nothing contained within this division shall be deemed or construed as granting authority to possess or to sell any particular item or type or class of items, and this division shall only apply to the permitting of holding a sale and not to any sales made.

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

Permit: Parades and Demonstrations

DIVISION 5.

Download and complete permit application

Sec. 50-113. - Enforcement and penalties.

Sec. 50-114. - Permit required.

Sec. 50-115. - Exceptions; applicability.

Sec. 50-116. - Standards for issuance of permit.

Sec. 50-117. - Conduct of parade or demonstration.

Sec. 50-118. - Alternative routes or location.

Secs. 50-119—50-149. - Reserved.

Sec. 50-113. - Enforcement and penalties.

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. 5, § VI, 7-28-1988)

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

Sec. 50-114. - Permit required.

No person shall conduct any parade or public demonstration upon any public road or right-of-way within the unincorporated area of the county without first having obtained a permit as required by and in accordance with this article.

(Res. No. 66-88, art. 5, § I, 7-28-1988)

Sec. 50-115. - Exceptions; applicability.

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

(1) Funerals;

(2) Parades or processions which are a part of or result from any school event or activity which is sponsored by or authorized by school administration officials; and

(3) Parades or processions conducted or sponsored by any governmental agency acting within the scope of its functions.

(Res. No. 66-88, art. 5, § II, 7-28-1988)

Sec. 50-116. - Standards for issuance of permit.

A permit shall be issued under this article upon satisfaction of the following requirements:

(1) The applicant shall file with the application a map showing the designated route for the parade or area for the demonstration and stating the start and finish times for the event;

(2) The applicant obtains and submits an authorization from the office of the sheriff of the county, which shall be issued by the sheriff upon his determination that:

a. The parade or demonstration will not substantially interrupt the safe and orderly flow of traffic;

b. The route and area can be safely used without disruption of traffic on alternate routes;

c. The conduct of the parade or demonstration will not require the division or use of law enforcement or emergency service personnel of the county to such an extent that services cannot be appropriately provided to the county as a whole;

d. The concentration of persons and vehicles will not endanger the life and safety of residents; and

e. The parade or demonstration can be conducted safely and orderly from its starting point to its end;

(3) The parade or demonstration will not exceed four hours in time; and

(4) The parade or demonstration is being held for a purpose other than the sole purpose of private profit or the promotion or advertisement of specific products, goods, or services.

(Res. No. 66-88, art. 5, § III, 7-28-1988)

Sec. 50-117. - Conduct of parade or demonstration.

Any parade or demonstration conducted pursuant to a permit issued under this article, shall be operated in accordance with the following conditions:

(1) The parade or demonstration shall be conducted only during daylight hours;

(2) The parade or demonstration shall be conducted solely upon public roadways or rights-of-way and shall not carry onto private property;

(3) The parade or demonstration shall proceed orderly and timely;

(4) The operator of the parade or demonstration shall ensure that traffic restrictions and warning signs are available and used as required by the sheriff;

(5) The operator of the parade or demonstration shall provide for the cleanup of all rubbish, trash or other waste that results from or during the event; and

(6) No cereal malt or alcoholic beverages shall be sold, served, or consumed as a part of the parade or demonstration.

(Res. No. 66-88, art. 5, § IV, 7-28-1988)

Sec. 50-118. - Alternative routes or location.

The office of the sheriff of the county shall have authority to recommend or require an alternative route or location for the parade or demonstration at any time when he deems it necessary for the public health, safety or welfare.

(Res. No. 66-88, art. 5, § V, 7-28-1988)

Secs. 50-119—50-149. - Reserved.

Special Permits

Permits can be filled out on a computer then mailed to:

CMO ATTN: Special permits
111 S. Cherry, #3300
Olathe, KS 66061

Permits can also be dropped off at:

Admin Building CMO
111 S. Cherry, #3300
Olathe, KS 66061

Article II-Special Permits Code

Permits:

Join Us!

Fall 2016 Citizens Academy

Start: September 6, 2016

Finish: November 8, 2016

Tuesday nights from 6 to 9 p.m. Dinner Provided.

Session one: Sept. 6 at 6 p.m., Introduction to county history & leadership (alumni will attend)

Location: Johnson County Administration Builiding RM 200 111 S. Cherry Street, Olathe, KS, 66061

Questions: call (913) 715-0729 or email Chelsea.Morton@jocogov.org