PRIOR PRINTER'S NO. 320                       PRINTER'S NO. 686

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 298 Session of 1983


        INTRODUCED BY GREENLEAF, JUBELIRER, KELLEY, SINGEL, SNYDER,
           SHAFFER, MELLOW, ROCKS, FISHER, PECORA, STAPLETON, EARLY AND
           ANDREZESKI, FEBRUARY 22, 1983

        SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           AS AMENDED, APRIL 11, 1983

                                     AN ACT

     1  To require inspections and insurance in connection with
     2     amusement rides and attractions; giving powers to owners and
     3     operators; and providing for injunctions and penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Amusement
     8  Ride Safety Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Amusement attraction."  Any building or structure around,
    14  over or through which persons may move to walk, without the aid
    15  of any moving device integral to the building or structure,
    16  which provides amusement, pleasure, thrills or excitement.
    17  Excluded are arenas, stadiums, theatres and convention halls.


     1  This does not include enterprises principally devoted to the
     2  exhibition of products of agriculture, industry, education,
     3  science, religion or the arts.
     4     "Amusement ride."  Any mechanical device which carries or
     5  conveys passengers along, around or over a fixed or restricted
     6  route or course or within a defined area, for the purpose of
     7  giving its passengers amusement, pleasure, thrills or
     8  excitement.
     9     "Department."  The Department of Agriculture.
    10  Section 3.  Affidavit of inspection and insurance.
    11     No person shall operate an amusement ride or attraction
    12  unless he has filed with the department an affidavit that the
    13  ride or attraction has been inspected by a qualified inspector
    14  of an insurance underwriter and that the owner or operator has a  <--
    15  current insurance policy in force written by an insurance
    16  company authorized to do business within the Commonwealth in an
    17  amount of not less than $300,000 per occurrence or an aggregate
    18  of not less than $1,000,000 insuring the owner or operator
    19  against liability for injury to persons arising out of the use
    20  of the amusement ride or attraction. A yearly inspection shall
    21  be made and an affidavit accompanied by an inspection form
    22  approved by the department shall be filed prior to the first day
    23  of July of each year. In the event the amusement ride or
    24  attraction is inspected by a qualified inspector of an insurance  <--
    25  underwriter more than once a year the affidavit shall be filed
    26  not later than 15 days after each additional inspection.
    27  Section 4.  Accident reports.
    28     Any time an owner or operator submits an accident report to
    29  his insurance company a copy of those reports which involve
    30  physical injury to an individual as a result of the operation of
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     1  an amusement ride or the use of an amusement attraction shall be
     2  sent to the department by the owner or operator. The notice
     3  shall indicate the type of amusement ride or attraction by which
     4  the injury occurred and the nature of the injury.
     5  Section 5.  Owners and operators may deny entry.
     6     The owner or operator of every amusement ride or attraction
     7  may deny entry to any person if in his opinion the entry may
     8  jeopardize the safety of the person desiring entry or the safety
     9  of other patrons of the amusement ride or attraction.
    10  Section 6.  Exemptions.
    11     Nonmechanized playground equipment including, but not limited
    12  to: swings, seesaws, stationary spring-mounted animal features,
    13  rider-propelled merry-go-rounds, climbers, slides, trampolines,
    14  swinging gates and physical fitness devices except where an
    15  admission fee is charged for usage or an admission fee is
    16  charged to areas where such equipment is located are exempt from
    17  the provisions of this act.
    18  Section 7.  Injunction and penalty.
    19     (a)  Injunction against violation.--The district attorney of
    20  each county and the department are hereby authorized to seek an
    21  injunction against the owner or operator of any amusement ride
    22  or attraction being operated in violation of this act.
    23     (b)  Penalty.--Any person who operates an amusement ride or
    24  attraction in violation of this act is guilty of a misdemeanor
    25  of the third degree. Each day shall constitute a separate and
    26  distinct offense.
    27  Section 8.  Effective date.
    28     This act shall take effect in 90 days.


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