Chapter 9.44


9.44.010    Applicability.

9.44.020    Definitions.

9.44.030    Prohibition against solicitation and the sale or distribution of merchandise.

9.44.040    Use of premises – Exercising the right of free expression.

9.44.050    Disorderly conduct.

9.44.060    Violation – Penalty.

*    Editor’s Note: Prior ordinance history: Ords. 140 (1991), and 140-A (1992).

9.44.010 Applicability.

(a)    This chapter shall apply to all persons, groups or firms which desire to sell, exhibit or distribute materials at the annual Kitsap County fair, and to all fair participants, observers and patrons. It is not intended to restrict persons from peaceably walking around the fairgrounds and discussing their political, religious or other views with fair patrons so long as such activity is not harmful to fair participants, patrons or observers nor disruptive of fair activities.

(b)    Any person refusing to comply with these or other applicable rules and regulations shall, on proper request of a fair official, be directed to leave the facility and, in the event of failure to comply with such request, be regarded as a trespasser subject to all penal laws of the state.

(Ord. 140-A (1993) § 1, 1993)

9.44.020 Definitions.

(a)    “Booth” means any location designated by fair officials as the proper location for dissemination or sale of materials.

(b)    “Obstruct” means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or driver of a vehicle to take evasive action to avoid physical contact.

(c)    “Person” means any individual, group, association, corporation or organization of any kind.

(Ord. 140-A (1993) § 2, 1993)

9.44.030 Prohibition against solicitation and the sale or distribution of merchandise.

Except as may be provided in Section 9.44.040, no person shall offer services for sale, solicit funds, or sell or distribute any merchandise, including printed or written material, except from an authorized and rented booth.

(Ord. 140-A (1993) § 3, 1993)

9.44.040 Use of premises – Exercising the right of free expression.

(a)    The use of county property or facilities during annual fair and rodeo events for the purpose of exercising the right of free expression shall not be abridged; provided, that such use shall not compromise public safety, interfere with the orderly movement of fair patrons, or abridge rights of other users of the fairgrounds.

(b)    The following requirements are intended to accommodate these interests:

(1)    No person on the Kitsap County Fairgrounds shall distribute literature, display signs for the primary purpose of communicating to other users of the fairground, or solicit petition signatures without an identification badge issued by the fairgrounds manager. The fairgrounds manager shall issue an identification badge upon presentation of a written application containing the following information:

(A)    The name, address and telephone number of the applicant and sponsoring organization, if any; and

(B)    The date, hour and duration of the proposed activity.

(2)    No person on the Kitsap County Fairgrounds shall solicit funds or offer any merchandise or services for sale except from an authorized and rented booth.

(3)    No person on the Kitsap County Fairgrounds, unless participating in a scheduled event or activity or unless separately licensed as a concessionaire and authorized by a licensing agreement, shall:

(A)    Employ a sound or voice amplifying device for any purpose;

(B)    Use a table, chair, stand or other structure to conduct activities described in subsection (b)(1) of this section;

(C)    Store literature, signs, petitions or related materials on the fairgrounds; or

(D)    Engage in a dance, chant or other performance intended to attract public notice.

(c)    Activities described in subsection (b)(1) of this section shall be confined to areas of the fairgrounds that are open to the general public, except that the following areas are excluded:

(1)    Parking areas;

(2)    Areas within twenty-five feet of animal enclosures, ticket counters, booths or other concession facilities, and patrons waiting in line; and

(3)    Restaurants, washrooms, and areas subject to separate licensing agreements.

(d)    No person engaged in such activity described here shall deliberately touch any unconsenting persons.

(Ord. 140-A (1993) § 4, 1993)

9.44.050 Disorderly conduct.

A person is guilty of the crime of disorderly conduct if that person, while on the fairgrounds during the annual county fair or other livestock shows or rodeos:

(1)    Intentionally creates a risk of danger or harm to any person by engaging in loud or raucous behavior;

(2)    Intentionally creates a risk of danger or harm to any person by obstructing the activities of others;

(3)    Intentionally obstructs any livestock sale, auction, race, rodeo or show.

(Ord. 140-A (1993) § 5, 1993)

9.44.060 Violation – Penalty.

Any person who violates Section 9.44.030, 9.44.040 or 9.44.050 of this chapter shall be guilty of a misdemeanor, punishable by up to thirty days in jail, or a fine of three hundred dollars or both.

(Ord. 140-A (1993) § 6, 1993)