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Introduced Version House Bill 4405 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4405


(By Delegates Campbell and Canterbury)

[Introduced February 5, 2002; referred to the

Committee on the Judiciary.]





A BILL to amend chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-a, relating to the establishment of the "Amusement Rider Safety Act" which includes the responsibilities of a rider and his or her parent or guardian; the procedure for detaining a rider; the procedure for displaying warning signs; and providing a penalty for violation of this article.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article ten-a, to read as follows:
ARTICLE 10A. AMUSEMENT RIDER SAFETY ACT.
§
21-10A-1. Short title.
This article shall be known and may be cited as the "Amusement Rider Safety Act."
§
21-10A-2. Definitions.
As used in this article:
(1) "Parent or guardian" means each parent, custodian or guardian responsible for the control, safety, training or education of a minor, disabled or incompetent rider.
(2) "Rider" means a person who is: (a) Waiting in the immediate vicinity to get on a carnival or amusement ride; (b) getting on a carnival or amusement ride; (c) using a carnival or amusement ride; (d) getting off a carnival or amusement ride; and (e) leaving a carnival or amusement ride and still in its immediate vicinity. Rider does not include employees or agents of the owner while engaged in the duties of their employment.
(3) "Sign" means a symbol or language reasonably calculated to communicate information to riders or riders' parents or guardians including, but not limited to, placards, prerecorded messages, live public address, stickers, pictures, pictograms, guidebooks, brochures, video, verbal information and visual signals.
§
21-10A-3. Responsibilities of a rider.
(a) A rider shall at a minimum:
(1) Obey the posted rules and warnings and instructions for a carnival or amusement ride issued by the owner or the owner's employee or agent;
(2) Refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:
(A) Exceeding the limits of the rider's ability;
(B) Interfering with safe operation of the carnival or amusement ride;
(C) Not engaging any safety devices that are provided;
(D) Disconnecting or disabling a safety device except at the express instruction of the owner's agent or employee;
(E) Altering or enhancing the intended speed, course or direction of a carnival or amusement ride;
(F) Using, touching or tampering with the controls of a carnival or amusement ride designed solely to be operated by the owner's agent or employee;
(G) Extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee;
(H) Throwing, dropping or expelling an object from or toward a carnival or amusement ride except as permitted by the owner's agent or employee;
(I) Getting on or off a carnival or amusement ride except at the designated time and area, if any, at the direction of the owner's agent or employee or in an emergency;
(J) Not reasonably controlling the speed or direction of the rider or a carnival or amusement ride that requires the rider to control or direct himself or herself on a ride; and
(K) Overloading a carnival or amusement ride beyond its designed capacity.
(b) A rider must not get on or attempt to get on a carnival or amusement ride unless the rider, or the rider's parent or guardian on the rider's behalf, reasonably determines that, at a minimum, the rider:
(1) Has sufficient knowledge to use, get on and get off the carnival or amusement ride safely without instruction or has requested and received before getting on the carnival or amusement ride sufficient information to get on, use and get off safely;
(2) Has located, reviewed and understood any signs in the vicinity of the carnival or amusement ride and has satisfied any posted height or other restrictions or requirements;
(3) Knows the range and the limits of his or her ability and knows that the requirements of the carnival or amusement ride will not exceed those limits;
(4) Is not under the influence of alcohol or any drug that affects his or her ability to safely use the carnival or amusement ride or to obey the posted rules or warnings or instructions; and
(5) Is authorized by the owner's authorized agent or employee to get on the carnival or amusement ride.
(c) (1) A rider, or a rider's parent or guardian on the rider's behalf, shall report in writing to the owner any injury sustained on a carnival or amusement ride before leaving the owner's premises, including: (A) The name, address and phone number of the injured person; (B) full description of the incident, the injuries claimed, any treatment received and the location, date and time of the injury;
(2) If the rider, or the rider's parent or guardian on the rider's behalf, is unable to file a report because of the severity of the rider's injuries, the rider, or the rider's parent or guardian, shall file the report as soon as reasonably possible.
(3) The failure of the rider, or the rider's parent or guardian on the rider's behalf, to report an injury under this subsection has no effect on the rider's right to commence a civil action.
§ 21-10A-4. Responsibilities of a parent or guardian of a rider.
Parents or guardians of riders have a duty to ensure that a rider complies with all provisions of this article.
§
21-10A-5. Detention of a rider.
(a) An owner or an owner's agent or employee may detain a person for a reasonable time in a reasonable manner for the purpose of conducting an investigation if the owner or the owner's agent or employee has reasonable cause to believe that the person to be detained has violated any of the owner's, or the owner's agent's or employee's, lawful posted rules or warnings or instructions.
(b) In a civil action brought by a person resulting from a detention of a person by an owner or an owner's agent or employee, it is a defense to that action that the owner or the owner's agent or employee who detained the person had reasonable cause to believe that the person had violated a lawful posted rule or warning or direction of the owner or of the owner's agent or employee, and that the owner or owner's agent or employee detained the person for a reasonable time in a reasonable manner for the purpose of conducting an investigation of the alleged violation.
§
21-10A-6. Displaying warning signs.
(a) The owner shall display signs that include a legend providing that "State law requires riders to
obey all warnings and directions and behave in a manner that will not cause or contribute to injuring themselves or others. Riders must report all injuries before leaving."
(b) The owner shall display these signs at: (1) Any station for reporting an injury; (2) any first aid station; and (3) any entrance or exit to or from the premises designated for riders; or (4)any area or structure at which riders may purchase admission or obtain authority to use a carnival or amusement ride.
§
21-10A-7. Penalty.
If a person willfully violates this article the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned not more than two months or both fined and imprisoned.
§
21-10A-8. Severability .
If any provision of this article or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or applications and to this end the provisions of this article are severable.

NOTE: The purpose of this bill is to establish the "
Amusement Rider Safety Act" which includes the responsibilities of a rider and his or her parent or guardian; the procedure for detaining a rider; the procedure for displaying warning signs; and providing a penalty for violation of this article.
T his ar ticle is new; therefore, strike-throughs and underscoring have been omitted.
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