Text: SSB02102 Text: SSB02104 Text: SSB02100 - SSB02199 Text: SSB 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. 1A. "Amusement owner" means a person who 1 4 owns an amusement ride or, if the amusement ride is leased, 1 5 the lessee. 1 6 NEW SUBSECTION. 8A. "Parent or guardian" means a parent, 1 7 custodian, or guardian responsible for the control, safety, 1 8 training, or education of a minor rider. 1 9 NEW SUBSECTION. 9A. "Rider" means a person waiting in the 1 10 immediate vicinity of an amusement ride to get on the 1 11 amusement ride, getting on an amusement ride, using an 1 12 amusement ride, getting off an amusement ride, or leaving an 1 13 amusement ride and still in the immediate vicinity of the 1 14 amusement ride. "Rider" does not include an employee, agent, 1 15 or servant of the amusement owner while engaged in the duties 1 16 of their employment. 1 17 NEW SUBSECTION. 9B. "Sign" means any symbol or language 1 18 reasonably calculated to communicate information to a rider or 1 19 the rider's parent or guardian, including placards, 1 20 prerecorded messages, live public address, stickers, pictures, 1 21 pictograms, video, verbal information, and visual signals. 1 22 Sec. 2. Section 88A.1, subsection 2, Code 1997, is amended 1 23 to read as follows: 1 24 2. "Amusement ride" means any mechanized device,or1 25 combination of devices, or structure which includes such 1 26 device or devices which carries passengers along, around, or 1 27 over a fixed or restricted course for the purpose of giving 1 28 its passengers amusement, pleasure, thrills, or excitement. 1 29 "Amusement ride" does not include a device or structure that 1 30 is devoted principally to exhibitions related to agriculture, 1 31 the arts, education, industry, religion, or science. 1 32 Sec. 3. Section 88A.10, Code 1997, is amended by adding 1 33 the following new subsection: 1 34 NEW SUBSECTION. 3. A person who fails to obey a safety 1 35 related requirement listed on a sign displayed at an amusement 2 1 ride pursuant to section 88A.16, subsection 2, is guilty of a 2 2 simple misdemeanor. 2 3 Sec. 4. NEW SECTION. 88A.15 RIDER SAFETY. 2 4 1. A rider or the rider's parent or guardian shall report 2 5 in writing to the amusement owner or the amusement owner's 2 6 designee any injury sustained on an amusement ride before 2 7 leaving the amusement owner's premises. The report shall 2 8 include all of the following information: 2 9 a. The name, address, and phone number of the injured 2 10 person. 2 11 b. A brief description of the incident, the injury 2 12 claimed, and the location, date, and time of the injury. 2 13 c. The cause of the injury, if known. 2 14 d. The name, address, and phone number of any witness to 2 15 the incident. 2 16 2. If the rider or the rider's parent or guardian is 2 17 unable to file a report because of the severity of the rider's 2 18 injuries, the rider or the rider's parent or guardian shall 2 19 file the report as soon as reasonably possible. The failure 2 20 of a rider or the rider's parent or guardian to report an 2 21 injury under this section does not affect the rider's right to 2 22 commence a civil action related to the incident. 2 23 3. A rider shall, at a minimum, do all of the following: 2 24 a. Obey the reasonable safety rules posted in accordance 2 25 with this chapter and oral instructions for an amusement ride 2 26 issued by the amusement owner or the amusement owner's 2 27 employee or agent, unless the safety rules or oral 2 28 instructions are contrary to the safety rules of this chapter. 2 29 b. Refrain from acting in any manner that may cause or 2 30 contribute to injuring the rider or others, including all of 2 31 the following: 2 32 (1) Exceeding the limits of the rider's ability. 2 33 (2) Interfering with safety devices that are provided. 2 34 (3) Failing to engage safety devices that are provided. 2 35 (4) Disconnecting or disabling a safety device except at 3 1 the express instruction of the operator. 3 2 (5) Altering or enhancing the intended speed, course, or 3 3 direction of an amusement ride. 3 4 (6) Using the controls of an amusement ride designed 3 5 solely to be operated by the operator. 3 6 (7) Extending arms and legs beyond the carrier or seating 3 7 area except at the express direction of the operator. 3 8 (8) Throwing, dropping, or expelling an object from or 3 9 toward an amusement ride except as permitted by the operator. 3 10 (9) Getting on or off an amusement ride except at the 3 11 designated time and area, if any, at the direction of the 3 12 operator or in an emergency. 3 13 (10) Not reasonably controlling the speed or direction of 3 14 the rider's person or an amusement ride that requires the 3 15 rider to control or direct the rider's person or a device. 3 16 4. A rider shall not get on or attempt to get on an 3 17 amusement ride unless the rider or the rider's parent or 3 18 guardian reasonably determines that, at a minimum, the rider 3 19 meets all of the following criteria: 3 20 a. Has sufficient knowledge to use, get on, and get off 3 21 the amusement ride safely without instruction or has requested 3 22 and received sufficient information to get on, use, and get 3 23 off the amusement ride safely prior to getting on the 3 24 amusement ride. 3 25 b. Has located, read, and understood any signs in the 3 26 vicinity of the amusement ride and meets any posted height, 3 27 medical, or other requirements. 3 28 c. Knows the range and limits of the rider's ability and 3 29 knows the requirements of the amusement ride will not exceed 3 30 those limits. 3 31 d. Is not under the influence of alcohol or any drug that 3 32 affects the rider's ability to safely use the amusement ride 3 33 or obey the posted rules or oral instructions. 3 34 e. Is authorized by the amusement owner or the amusement 3 35 owner's employee, agent, or servant to get on the amusement 4 1 ride. 4 2 Sec. 5. NEW SECTION. 88A.16 NOTICE TO RIDERS. 4 3 1. An amusement owner shall display signs indicating the 4 4 applicable rider safety responsibilities provided in section 4 5 88A.15 and the location of stations to report injuries. The 4 6 signs must be located in all of the following locations: 4 7 a. Each station for reporting an injury. 4 8 b. Each first aid station. 4 9 c. Any of the following locations: 4 10 (1) At least four other locations on the premises, 4 11 including any premises entrance or exit, if there are no more 4 12 than four entrances or exits for riders. 4 13 (2) At least four other locations on the premises, 4 14 including the four premises entrances and exits most commonly 4 15 used by riders, if there are more than four entrances and 4 16 exits for riders. 4 17 (3) Every amusement ride. 4 18 2. An amusement owner shall post a sign at each amusement 4 19 ride. Any sign required by this subsection must be 4 20 prominently displayed at a conspicuous location, clearly 4 21 visible to the public, and bold and legible in design. The 4 22 sign must include all of the following that apply: 4 23 (1) Operational instructions. 4 24 (2) Safety guidelines for riders. 4 25 (3) Restrictions on the use of the amusement ride. 4 26 (4) Behavior or activities that are prohibited. 4 27 (5) A legend providing that, "State law requires riders to 4 28 obey all warnings and directions for this amusement ride and 4 29 behave in a manner that will not cause or contribute to the 4 30 injury of themselves or others. Riders must report injuries 4 31 prior to leaving the premises. Failure to comply is 4 32 punishable by fine or imprisonment." 4 33 Sec. 6. NEW SECTION. 88A.17 CONSTRUCTION. 4 34 Sections 88A.15 and 88A.16 shall not be construed to 4 35 preclude a criminal prosecution or civil action available 5 1 under any other provision of law. 5 2 EXPLANATION 5 3 This bill amends Code chapter 88A to include provisions 5 4 related to amusement ride rider safety. 5 5 The bill provides that an amusement ride rider or the 5 6 rider's parent or guardian shall report in writing to the 5 7 amusement owner any injury sustained by the amusement rider 5 8 before leaving the amusement owner's premises. If the rider 5 9 or the rider's parent or guardian is unable to report the 5 10 injury due to the severity of the injury, the injury must be 5 11 reported as soon as reasonably possible. The bill requires 5 12 riders to obey the reasonable safety rules posted and oral 5 13 instructions given and requires riders to refrain from acting 5 14 in any manner that may cause or contribute to injuring the 5 15 rider or others. The bill requires that a rider not get on an 5 16 amusement ride unless the rider has sufficient knowledge of 5 17 the safe use of the ride, understands warnings and 5 18 restrictions, knows the limits of the rider's abilities, is 5 19 not under the influence of alcohol or any drug, and is 5 20 authorized by the amusement owner, employee, agent, or servant 5 21 to get on the ride. 5 22 The bill requires amusement owners to display signs 5 23 indicating the applicable rider safety responsibilities and 5 24 the location of the stations to report injuries. The bill 5 25 provides locations where these signs must be located. The 5 26 bill requires an amusement owner to post a sign at each 5 27 amusement ride which states the operation instructions of the 5 28 ride, safety guidelines for riders, restrictions on the use of 5 29 the ride, behavior and activities that are prohibited, and a 5 30 warning requiring compliance with the rules and restrictions. 5 31 The bill provides that amusement ride rider safety Code 5 32 sections shall not be construed to preclude a criminal 5 33 prosecution or civil action available under any other Code 5 34 section. 5 35 The bill provides that a person failing to obey a safety- 6 1 related requirement listed on a sign displayed at an amusement 6 2 ride is guilty of a simple misdemeanor. 6 3 LSB 3633SC 77 6 4 tm/jl/8
Text: SSB02102 Text: SSB02104 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 11 03:44:21 CST 1998
URL: /DOCS/GA/77GA/Legislation/SSB/02100/SSB02103/980210.html
jhf