§ 53-05-02 — Carnivals - When prohibited - Exceptions

A person may not conduct any circus or carnival in any city, or within a radius of thirty miles
[48.28 kilometers] of any city, within this state, at or near which any state, county, or district fair
association operates an agricultural and livestock exposition or fair, within a period of thirty days
next preceding the date advertised and set for such exposition or fair, nor during the time of
holding the same unless:
1. The officials of such fair or exposition consent to the holding thereof;
2. Such circus or carnival is held in conjunction with such fair or exposition or some other
civic-sponsored festival or outdoor event; or
3. The circus or carnival is held outside the boundaries of the county in which the fair or
exposition is held.
Nothing in this section exempts such circus or carnival from obtaining a proper license or permit,
as provided by law, for the holding thereof.