Text: HF02490 Text: HF02492 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 88A.1, Code 1997, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 8A. "Parent or guardian" means a parent, 1 4 custodian, or guardian or person responsible for the control, 1 5 safety, training, or education of a minor rider. 1 6 NEW SUBSECTION. 9A. "Rider" means a person waiting in the 1 7 immediate vicinity of an amusement ride to get on the 1 8 amusement ride, getting on an amusement ride, using an 1 9 amusement ride, getting off an amusement ride, or leaving an 1 10 amusement ride and still in the immediate vicinity of the 1 11 amusement ride. "Rider" does not include an employee, agent, 1 12 or servant of the amusement owner while engaged in the duties 1 13 of their employment. 1 14 NEW SUBSECTION. 9B. "Sign" means any symbol or language 1 15 reasonably calculated to communicate information to a rider or 1 16 the rider's parent or guardian, including placards, 1 17 prerecorded messages, live public address, stickers, pictures, 1 18 pictograms, video, verbal information, and visual signals. 1 19 Sec. 2. Section 88A.1, subsection 2, Code 1997, is amended 1 20 to read as follows: 1 21 2. "Amusement ride" means any mechanized device,or1 22 combination of devices which carries passengers along, around, 1 23 or over a fixed or restricted course for the purpose of giving 1 24 its passengers amusement, pleasure, thrills, or excitement. 1 25 "Amusement ride" does not include a device or structure that 1 26 is devoted principally to exhibitions related to agriculture, 1 27 the arts, education, industry, religion, or science. 1 28 Sec. 3. Section 88A.10, Code 1997, is amended by adding 1 29 the following new subsection: 1 30 NEW SUBSECTION. 3. A person who fails to obey a safety 1 31 related requirement listed on a sign displayed at an amusement 1 32 ride pursuant to section 88A.16, subsection 2, is guilty of a 1 33 simple misdemeanor. 1 34 Sec. 4. NEW SECTION. 88A.15 RIDER SAFETY. 1 35 1. A rider or the rider's parent or guardian shall report 2 1 in writing to the operator or the operator's designee any 2 2 injury sustained on an amusement ride before leaving the 2 3 operator's premises. The report shall include all of the 2 4 following information: 2 5 a. The name, address, and phone number of the injured 2 6 person. 2 7 b. A brief description of the incident, the injury 2 8 claimed, and the location, date, and time of the injury. 2 9 c. The cause of the injury, if known. 2 10 d. The name, address, and phone number of any witness to 2 11 the incident. 2 12 2. If the rider or the rider's parent or guardian is 2 13 unable to file a report because of the severity of the rider's 2 14 injuries, the rider or the rider's parent or guardian shall 2 15 file the report as soon as reasonably possible. The failure 2 16 of a rider or the rider's parent or guardian to report an 2 17 injury under this section does not affect the rider's right to 2 18 commence a civil action related to the incident. 2 19 3. A rider shall, at a minimum, do all of the following: 2 20 a. Obey the reasonable safety rules posted in accordance 2 21 with this chapter and oral instructions for an amusement ride 2 22 issued by the operator or the operator's employee or agent, 2 23 unless the safety rules or oral instructions are contrary to 2 24 the safety rules of this chapter. 2 25 b. Refrain from acting in any manner that may cause or 2 26 contribute to injuring the rider or others, including all of 2 27 the following: 2 28 (1) Exceeding the limits of the rider's ability. 2 29 (2) Interfering with safety devices that are provided. 2 30 (3) Failing to engage safety devices that are provided. 2 31 (4) Disconnecting or disabling a safety device except at 2 32 the express instruction of the operator. 2 33 (5) Altering or enhancing the intended speed, course, or 2 34 direction of an amusement ride. 2 35 (6) Using the controls of an amusement ride designed 3 1 solely to be operated by the operator. 3 2 (7) Extending arms and legs beyond the carrier or seating 3 3 area except at the express direction of the operator. 3 4 (8) Throwing, dropping, or expelling an object from or 3 5 toward an amusement ride except as permitted by the operator. 3 6 (9) Getting on or off an amusement ride except at the 3 7 designated time and area, if any, at the direction of the 3 8 operator or in an emergency. 3 9 (10) Not reasonably controlling the speed or direction of 3 10 the rider's person or an amusement ride that requires the 3 11 rider to control or direct the rider's person or a device. 3 12 4. A rider shall not get on or attempt to get on an 3 13 amusement ride unless the rider or the rider's parent or 3 14 guardian reasonably determines that, at a minimum, the rider 3 15 meets all of the following criteria: 3 16 a. Has sufficient knowledge to use, get on, and get off 3 17 the amusement ride safely without instruction or has requested 3 18 and received sufficient information to get on, use, and get 3 19 off the amusement ride safely prior to getting on the 3 20 amusement ride. 3 21 b. Has located, read, and understood any signs in the 3 22 vicinity of the amusement ride and meets any posted height, 3 23 medical, or other requirements. 3 24 c. Knows the range and limits of the rider's ability and 3 25 knows the requirements of the amusement ride will not exceed 3 26 those limits. 3 27 d. Is not under the influence of alcohol or any drug that 3 28 affects the rider's ability to safely use the amusement ride 3 29 or obey the posted rules or oral instructions. 3 30 e. Is authorized by the operator or the operator's 3 31 employee, agent, or servant to get on the amusement ride. 3 32 Sec. 5. NEW SECTION. 88A.16 NOTICE TO RIDERS. 3 33 1. An operator shall display signs indicating the 3 34 applicable rider safety responsibilities provided in section 3 35 88A.15 and the location of stations to report injuries. The 4 1 signs must be located in all of the following locations: 4 2 a. Each station for reporting an injury. 4 3 b. Each first aid station. 4 4 c. Any of the following locations: 4 5 (1) At least four other locations on the premises, 4 6 including any premises entrance or exit, if there are no more 4 7 than four entrances or exits for riders. 4 8 (2) At least four other locations on the premises, 4 9 including the four premises entrances and exits most commonly 4 10 used by riders, if there are more than four entrances and 4 11 exits for riders. 4 12 (3) Every amusement ride. 4 13 2. An operator shall post a sign at each amusement ride. 4 14 Any sign required by this subsection must be prominently 4 15 displayed at a conspicuous location, clearly visible to the 4 16 public, and bold and legible in design. The sign must include 4 17 all of the following that apply: 4 18 (1) Operational instructions. 4 19 (2) Safety guidelines for riders. 4 20 (3) Restrictions on the use of the amusement ride. 4 21 (4) Behavior or activities that are prohibited. 4 22 (5) A legend providing that, "State law requires riders to 4 23 obey all warnings and directions for this amusement ride and 4 24 behave in a manner that will not cause or contribute to the 4 25 injury of themselves or others. Riders must report injuries 4 26 prior to leaving the premises. Failure to comply is 4 27 punishable by fine or imprisonment." 4 28 Sec. 6. NEW SECTION. 88A.17 CONSTRUCTION. 4 29 Sections 88A.15 and 88A.16 shall not be construed to 4 30 preclude a criminal prosecution or civil action available 4 31 under any other provision of law. 4 32 Sec. 7. EFFECTIVE DATE. This bill shall take effect on 4 33 January 1, 1999. 4 34 EXPLANATION 4 35 This bill amends Code chapter 88A to include provisions 5 1 related to amusement ride rider safety. 5 2 The bill provides that an amusement ride rider or the 5 3 rider's parent or guardian shall report in writing to the 5 4 amusement ride operator any injury sustained by the amusement 5 5 rider before leaving the operator's premises. If the rider or 5 6 the rider's parent or guardian is unable to report the injury 5 7 due to the severity of the injury, the injury must be reported 5 8 as soon as reasonably possible. The bill requires riders to 5 9 obey the reasonable safety rules posted and oral instructions 5 10 given and requires riders to refrain from acting in any manner 5 11 that may cause or contribute to injuring the rider or others. 5 12 The bill requires that a rider not get on an amusement ride 5 13 unless the rider has sufficient knowledge of the safe use of 5 14 the ride, understands warnings and restrictions, knows the 5 15 limits of the rider's abilities, is not under the influence of 5 16 alcohol or any drug, and is authorized by the operator, 5 17 employee, agent, or servant to get on the ride. 5 18 The bill requires operators to display signs indicating the 5 19 applicable rider safety responsibilities and the location of 5 20 the stations to report injuries. The bill provides locations 5 21 where these signs must be located. The bill requires an 5 22 operator to post a sign at each amusement ride which states 5 23 the operation instructions of the ride, safety guidelines for 5 24 riders, restrictions on the use of the ride, behavior and 5 25 activities that are prohibited, and a warning requiring 5 26 compliance with the rules and restrictions. 5 27 The bill provides that amusement ride rider safety Code 5 28 sections shall not be construed to preclude a criminal 5 29 prosecution or civil action available under any other Code 5 30 section. 5 31 The bill provides that a person failing to obey a safety- 5 32 related requirement listed on a sign displayed at an amusement 5 33 ride is guilty of a simple misdemeanor. 5 34 The bill provides an effective date of January 1, 1999. 5 35 LSB 3633HV 77 6 1 tm/jl/8
Text: HF02490 Text: HF02492 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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