Pennsylvania Act 1992-107 — AMUSEMENT RIDE INSPECTION ACT - AMEND

Act text

AMUSEMENT RIDE INSPECTION ACT - AMEND
                 Act of Nov. 24, 1992, P.L. 715, No. 107              Cl. 35
                             Session of 1992
                               No. 1992-107

     SB 515

                                  AN ACT

     Amending the act of June 18, 1984 (P.L.384, No.81), entitled "An
        act providing for the inspection of amusement rides and
        attractions; granting powers and imposing duties on the
        Department of Agriculture; creating the Amusement Ride Safety
        Advisory Board; and imposing civil and criminal penalties,"
        further defining "amusement ride"; providing for the
        Amusement Ride Safety Advisory Board; and further providing
        for inspections.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "amusement ride" in section 2
     of the act of June 18, 1984 (P.L.384, No.81), known as the
     Amusement Ride Inspection Act, is amended to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Amusement ride."  Any device that carries, suspends or
     conveys passengers along, around or over a fixed or restricted
     route or course or within a defined area for the purpose of
     giving its passengers amusement, pleasure, thrills or
     excitement.
        * * *
        Section 2.  Section 5 of the act is repealed.
        Section 3.  The act is amended by adding a section to read:
      Section 5.  Amusement Ride Safety Advisory Board.
        (a)  Establishment.--There is hereby established under the
     jurisdiction of the department a board known as the Amusement
     Ride Safety Advisory Board.
        (b)  Composition.--The board, appointed by the Governor,
     shall consist of ten members of whom one member shall be a
     representative of the amusement ride manufacturers, two shall be
     representatives of the Pennsylvania State Showmen's Association,
     two shall be representatives of the Pennsylvania Amusement Park
     Association, one shall be a representative of the Pennsylvania
     State Association of County Fairs, one shall be a mechanical
     engineer and two shall represent the public. The Secretary of
     Agriculture or his designee shall be designated by the Governor
     as the chairman.
        (c)  Terms of members.--The members of the board shall serve
     at the pleasure of the Governor. All members shall serve until
     their successors are appointed and qualified. Vacancies shall be
     filled by appointment for the unexpired term in the same manner
     as the original appointments.
        Section 4.  Section 7 of the act is amended by adding a
     subsection to read:
      Section 7.  Inspections.
        * * *
        (e)  Stop-use order.--Notwithstanding any other provision of
     this act, the secretary or his duly authorized agent is
     authorized to issue and enforce a written stop-use order to the
     owner, lessee or operator of any amusement ride, attraction or
     new amusement ride or attraction who is operating or using the
     ride without having complied with or in violation of this act if
     the secretary or his duly authorized agent deems it necessary
     for the safety and protection of the citizens of the
     Commonwealth. A stop-use order shall order the owner, lessee or
     operator to immediately cease and desist the operation or use of
     an amusement ride, amusement attraction or new amusement ride or
     attraction. The order shall remain effective until the secretary
     or his duly authorized agent has determined that the violation
     has been remedied or until the order has been stayed or
     overturned by the court as provided by law and this act. It
     shall be unlawful to and no person shall operate or use an
     amusement ride, amusement attraction or new amusement ride or
     attraction contrary to and in violation of a stop-use order
     issued under this section.
        Section 5.  Section 19 of the act is repealed.
        Section 6.  This act shall take effect immediately.

     APPROVED--The 24th day of November, A. D. 1992.

     ROBERT P. CASEY