§21-10-1. Short Title
This article shall be known and may be cited as the "Amusement Rides and Amusement Attractions Safety Act."
§21-10-10. Service of Process
Any person, firm or corporation operating an amusement ride or amusement attraction may be served with civil process in the same manner as if the owner or operator was a domestic or foreign corporation.
§21-10-11. Temporary Cessation of Operation of Ride or Attraction Determined to Be Unsafe
The division may order, in writing, a temporary cessation of operation of an amusement ride or amusement attraction if it has been determined after inspection to be hazardous or unsafe. Operation of the amusement ride or amusement attraction shall not resume until the conditions are corrected to the satisfaction of the division.
§21-10-12. Insurance; Bond
No person may operate an amusement ride or amusement attraction unless at the time there is in existence: (a) A policy of insurance approved by the division and obtained from an insurer authorized to do business in this state in an amount of not less than $300,000 per person and $1 million in the aggregate […]
§21-10-12a. Minimum Age for Operating Amusement Ride
No individual under the age of sixteen may be the operator of a kiddie ride or if under the age of eighteen be an operator of any other amusement ride or attraction: Provided, That the individual is not otherwise prohibited from being an operator pursuant to other state or federal law.
§21-10-13. Regulation of Carnivals, Fairs and Amusement Rides and Amusement Attractions by Cities and Counties
Nothing contained in this article prevents cities and counties from regulating carnivals, fairs or amusement rides and amusement attractions with regard to any aspect not relating to installation, repair, maintenance, use, operation and inspection of amusement rides and amusement attractions.
§21-10-14. Criminal Penalty for Violation
Any operator or owner who knowingly permits the operation of an amusement ride or amusement attraction in violation of the provisions of sections six, seven, eight, nine, eleven, twelve or twelve-a of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than 250 nor more than $1,000, confined […]
§21-10-15. Operating or Assembling an Amusement Ride While Intoxicated; Criminal Penalty
(a) A person may not operate or assemble an amusement ride or attraction while intoxicated. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 and not more than $2,500, or confined in the county or regional jail for […]
§21-10-16. Revocation and Suspension of Permits
The commissioner may revoke or temporarily suspend the permit to operate issued pursuant to the provisions of section seven of this article to an owner or employee or contractor of an owner who is convicted of, or enters a guilty plea or a plea of nolo contendere to, a violation of subsection (a), section fifteen […]
§21-10-17. Civil Penalties for Violations
(a) If an individual is convicted of, or enters a guilty plea or a plea of nolo contendere to, a violation of subsection (a), section fifteen of this article, and the individual was not the owner of the ride being operated or assembled, the commissioner may impose a civil penalty not to exceed $5,000 on […]
§21-10-18. Continuing Authority of State Fire Marshal
Nothing in this article shall be construed to be in conflict with or to in any way limit the authority of the State Fire Marshal under the provisions of article three, chapter twenty-nine of this code pertaining to fire prevention and control.
§21-10-19. Patron Responsibility
The owner or operator of an amusement ride or attraction may refuse any member of the public admission to a ride if his or her bearing or conduct could endanger himself or herself or others. These reasons include, but are not limited to: (1) Intoxication; (2) refusal to obey posted rules; (3) unacceptable or unsafe […]
§21-10-2. Definitions
As used in this article: (a) "Amusement ride" means a mechanical device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement. The term includes carnival rides and fair rides of a temporary or portable nature which […]
§21-10-3. Rules
The Division of Labor shall propose legislative rules for promulgation for the safe installation, repair, maintenance, use, operation and inspection of all amusement rides and amusement attractions as the division finds necessary for the protection of the general public using amusement rides and amusement attractions. The rules shall be in addition to the existing applicable […]
§21-10-4. Inspection and Permit Fees
(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, […]
§21-10-5. Inspectors
(a) The Division may hire or contract with inspectors to inspect amusement rides and amusement attractions. The Division is responsible for oversight and review of the activities of special inspectors and may hire or contract with inspectors to review the activities of special inspectors. (b) The Division shall certify all special inspectors who are employed […]
§21-10-6. Permits; Application; Annual Inspection
No operator or owner may knowingly permit the operation of an amusement ride or amusement attraction without a permit issued by the Division. Each year and at least fifteen days before the first time the amusement ride or amusement attraction is made available in this state for public use, an operator or owner shall apply […]
§21-10-7. Issuance of Permit; Certificate of Inspection; Availability to Public
If, after inspection, an amusement ride or amusement attraction is found to comply with the rules of the division, the division shall issue a permit to operate. The permit shall be in the form of a certificate of inspection and shall be kept in the records of any operator or owner for a three-year period […]
§21-10-8. Notice of Intention to Erect New Ride or Attraction or Add to or Alter Existing Ride or Attraction
Before a new amusement ride or amusement attraction is erected, or whenever any additions or alterations are made which change the structure, mechanism, classification or capacity of any amusement ride or amusement attraction, the operator shall file with the division a notice of his or her intention and any plans or diagrams requested by the […]
§21-10-9. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public
An owner or operator of an amusement ride or amusement attraction shall notify the division not later than twenty-four hours after any fatality or accident occurring as a result of the operation of the amusement ride or amusement attraction that results in a serious physical injury to any person requiring medical treatment or results in […]