44-1601. Definitions. As used in this act: (a) (1) “Amusement ride” means any 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, including, but not be limited […]
44-1602. Inspections; issuance of certificates; compliance audits. (a) No amusement ride shall be operated in this state unless such ride has a valid certificate of inspection. An amusement ride erected in this state shall be inspected by a qualified inspector at least every 12 months. The certificate of an inspection required by this subsection shall […]
44-1603. Records, maintenance. The owner of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall retain at all times current records relating to the construction, repair and maintenance of its operation, including safety, inspection, maintenance records and ride operator training activities for such ride. Such records shall be available to […]
44-1604. Compliance with ASTM standards; testing of amusement rides. (a) Amusement rides shall be constructed, maintained, operated and repaired in accordance with ASTM standards adopted by the ASTM international F24 committee, as published in ASTM international standards volume 15.07. (b) No amusement ride shall be operated in this state unless nondestructive testing of the ride […]
44-1605. Required training for operators, certification. (a) No amusement ride shall be operated in this state unless the operator has satisfactorily completed training that includes, at a minimum: (1) Instruction on operating procedures for the ride, the specific duties of the operator, general safety procedures and emergency procedures; (2) demonstration of physical operation of the […]
44-1606. Posting of safety instructions. No amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall be operated in this state 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. History: L. 2008, ch. […]
44-1607. Patrons of amusement rides, acceptance of risk, duties. (a) Each patron of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity, by participation, accepts the risks inherent in such participation of which an ordinary prudent person is or should be aware. (b) Each patron of a ride has a duty […]
44-1608. Contracting for operation of amusement ride, requirements. Any person contracting with an owner for the operation of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall ensure that: (a) Inspection certificates required by K.S.A. 44-1602, and amendments thereto, are available; (b) maintenance and inspection records required by K.S.A. 44-1603, […]
44-1609. Occurrence of serious injury. Whenever a serious injury results from the operation of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity: (a) Operation of the ride shall immediately be discontinued; (b) operation of the ride shall not be resumed until it has been inspected and the qualified inspector has […]
44-1610. Penalties for violation of act. (a) It is a class B misdemeanor for an owner or operator of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity knowingly to operate, or cause or permit to be operated, any amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity […]
44-1611. Same; action to enjoin operation of ride. The attorney general, or the county or district attorney in a county in which an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity is located or operated, may apply to the district court for an order enjoining operation of any amusement ride, antique […]
44-1612. Local regulation of amusement rides. The governing body of any city or county may establish and enforce safety standards for amusement rides, antique amusement ride [rides], limited-use amusement rides or registered agritourism activities in addition to, but not in conflict with, the standards established by this act. History: L. 2008, ch. 142, § 12; […]
44-1613. Kansas amusement ride act; citation of act. The provisions of K.S.A. 44-1601 through 44-1619, and 44-1620, and amendments thereto, shall be known as the Kansas amusement ride act. History: L. 2009, ch. 71, § 1; L. 2012, ch. 123, § 3; L. 2017, ch. 103, § 12; L. 2018, ch. 84, § 15; May […]
44-1614. Same; rules and regulations. (a) The secretary of labor shall adopt rules and regulations necessary to implement provisions of the Kansas amusement ride act, K.S.A. 44-1601 et seq., and amendments thereto. (b) (1) On or before January 1, 2018, the secretary shall adopt rules and regulations necessary to implement the amendments made to the […]
44-1616. Permit for operation; application; owner registration; fees. (a) No amusement ride shall be operated in this state unless a valid permit for such ride has been issued by the department. The owner of an amusement ride shall make application for a permit for such amusement ride to the secretary on such form and in […]
44-1617. Amusement ride safety fund. There is hereby established in the state treasury the amusement ride safety fund, which shall be administered by the department of labor. The amusement ride safety fund shall consist of those moneys credited to the amusement ride safety fund pursuant to K.S.A. 44-1610, and amendments thereto, and K.S.A. 44-1616 and […]
44-1618. Injury reports; notice of injury to department; suspension of operation; investigations. (a) (1) A patron, or a patron’s parent or guardian on a patron’s behalf, shall report in writing to the owner any injury sustained on an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity before leaving the premises. Such […]
44-1619. Enforcement of act; opportunity to comply with act. The provisions of this act shall not be enforced by the secretary prior to the date of publication of the rules and regulations adopted by the secretary pursuant to K.S.A. 44-1614(b), and amendments thereto. Prior to taking any action pursuant to K.S.A. 44-1610, and amendments thereto, […]
44-1620. Permit for operation of certain rides; application; owner registration; fees. (a) No antique amusement ride, limited-use amusement ride or registered agritourism activity shall be operated in this state unless a valid permit for such ride has been issued by the department. The owner of any such ride shall make application for a permit for […]
