Kansas Statutes 44-1610. Penalties for violation of act
Attorney's Note
Under the Kansas Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Kansas Statutes 44-1610
- 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 to:
(A) Rides commonly known as ferris wheels, carousels, parachute towers, bungee jumping, reverse bungee jumping, tunnels of love, roller coasters, boat rides, water slides, inflatable devices, commercial zip lines, trampoline courts and go-karts;
(B) equipment generally associated with winter activities, such as ski lifts, ski tows, j-bars, t-bars, chair lifts and aerial tramways; and
(C) 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. See Kansas Statutes 44-1601
- Antique amusement ride: means an amusement ride, as defined in subsection (a)(1), manufactured prior to January 1, 1930. See Kansas Statutes 44-1601
- Department: means the department of labor. See Kansas Statutes 44-1601
- Limited-use amusement ride: means an amusement ride, as defined in subsection (a)(1), owned and operated by a nonprofit, community-based organization that is operated for less than 20 days, or 160 hours, in a year and is operated at only one location each year. See Kansas Statutes 44-1601
- Operator: means a person actually supervising, or engaged in or directly controlling the operations of an amusement ride. See Kansas Statutes 44-1601
- Owner: means a person who owns, leases, controls or manages the operations of an amusement ride and may include the state or any political subdivision of the state. See Kansas Statutes 44-1601
- Person: means any individual, association, partnership, corporation, limited liability company, government or other entity. See Kansas Statutes 44-1601
- Registered agritourism activity: means an amusement ride, as defined in subsection (a)(1), that is a registered agritourism activity, as defined in Kan. See Kansas Statutes 44-1601
- Secretary: means the secretary of labor. See Kansas Statutes 44-1601
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(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 without a valid permit issued by the secretary.
(b) A notice of violation may be issued by the department when an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism acitivity is found to be out of compliance with the provisions of this act, or any rules or regulations adopted pursuant thereto. The notice of violation may include an order to cease and desist operation of the specific ride until all violations are satisfactorily corrected.
(c) Within 10 business days after a notice of violation has been issued, the person issued such notice may file a written request with the department for an informal conference regarding the notice. If the person issued the notice of violation does not request an informal conference within this time frame, all provisions of the notice shall become final. If the notice of violation is not resolved within the prescribed time frame, the department may seek judicial enforcement of the notice of violation, or an enforcement order may be issued.
(d) The secretary may impose a fine of not more than $1,000 for any violation of the provisions of this act, or any rules or regulations adopted pursuant thereto. All fines received by the secretary pursuant to this section shall be remitted by the secretary to the state treasurer in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the amusement ride safety fund.
(e) Each day a violation continues shall constitute a separate offense.
(f) The provisions of this section shall be subject to the Kansas administrative procedure act.