[HISTORY: Adopted by the Town Council of the Town of Chesapeake
Beach 10-15-1998 by Ord. No. O-98-11 (Ch. 35, § 35-102, of
the 1997 Town Code). Amendments noted where applicable.]
As used in this chapter, the following words shall have the
meanings indicated:
A device that is intended to give amusement, excitement,
pleasure, or thrills to passengers whom the device carries.
A person, the Town, or a designated person of the Town, who
manages amusement attractions or, if the amusement attraction is leased,
the lessee.
Each parent, custodian, or guardian responsible for the control,
safety, training, or education of a minor, disabled, or incompetent
person.
Any person who is:
Waiting in the immediate vicinity to get on or in an amusement
device or amusement attraction;
Getting on or in an amusement device or amusement attraction;
Using an amusement device or amusement attraction;
Getting off of an amusement device or amusement attraction;
or
Leaving an amusement device or amusement attraction and is still
in its immediate vicinity.
Does not include employees, agents, or servants of the manager
while engaged in the duties of their employment.
Any symbol or language reasonably calculated to communicate
information to patrons or their parents or guardians, including placards,
prerecorded messages, live public address, stickers, pictures, pictograms,
guidebooks, brochures, video, verbal information, and visual signals.
A.
Reports of injuries.
(1)
A patron, or his parent or guardian on a patron's behalf, shall
report in writing to the manager any injury sustained on an amusement
device or amusement attraction before leaving the premises, including:
(a)
The name, address, and phone number of the injured person;
(b)
A full description of the incident, the injuries claimed, any
treatment received, and the location, date, and time of the injury;
(c)
The cause of the injury, if known; and
(d)
The names, addresses, and phone numbers of any witnesses to
the incident.
(2)
If the patron, or his parent or guardian on a patron's behalf,
is unable to file a report because of the severity of the injuries,
he shall file the report as soon thereafter as reasonably possible.
(3)
The failure of a patron, or his parent or guardian on a patron's
behalf, to report an injury under this subsection shall have no effect
on the patron's right to commence a civil action.
B.
Code of conduct. A patron shall, at a minimum:
(1)
Obey the posted rules, warnings, and oral instructions for an amusement
device or amusement attraction issued by the manager, his employee
or his agent; and
(2)
Refrain from acting in any manner that may cause or contribute to
injuring the patron or others, including:
(a)
Exceeding the limits of the patron's ability;
(b)
Interfering with the safe operation of the amusement device
or amusement attraction; or
(c)
Not engaging any safety devices that are provided;
(d)
Disconnecting or disabling a safety device except at the express
instruction of the manager's agent or employee;
(e)
Altering or enhancing the intended speed, course, or direction
of an amusement device or amusement attraction;
(f)
Using the controls of an amusement device or amusement attraction
designed solely to be operated by the manager's agent or employee;
(g)
Extending arms, legs, or head beyond the carrier or seating
area except at the express direction of the manager's agent or
employee;
(h)
Throwing, dropping, or expelling an object from or toward an
amusement device or amusement attraction, except as permitted by the
manager's agent or employee;
(i)
Getting on or off of an amusement device or amusement attraction
except at the designated time and area (if any), at the direction
of the manager's agent or employee, or in an emergency;
(j)
Not reasonably controlling the speed or direction of the patron
or an amusement device or amusement attraction that requires the patron
to control or direct himself or a device; and
(k)
Overloading an amusement device beyond its designated capacity.
C.
Patron qualifications. A patron shall not get on an amusement device
or amusement attraction unless the patron, or his parent or guardian
on a patron's behalf, reasonably determines that, at a minimum,
the patron:
(1)
Has sufficient knowledge to use, get on, or get off the amusement
device or amusement attraction safely without instruction or has requested
and received before getting on the amusement device or amusement attraction
sufficient information to get on, use, or get off safely;
(2)
Has located, reviewed, and understood any signs in the vicinity of
the amusement device or amusement attraction and has satisfied any
posted height or other restrictions;
(3)
Knows the range and limits of his ability, and knows the requirements
of the amusement device or amusement attraction will not exceed those
limits;
(4)
Is not under the influence of alcohol or any drug that affects his
ability to safely use the amusement device or amusement attraction
or obey the posted rules or oral instructions; and
(5)
Is authorized by the manager's authorized servant, agent, or
employee to get on the amusement device or amusement attraction.
Parents or guardians of patrons have a duty to ensure that a
patron complies with all provisions of this chapter.
A.
Duty to post. The manager shall display signs at:
B.
Content of postings. All signs required by Subsection A shall include a legend providing that: "Town Ordinance requires patrons to obey all warnings and directions and behave in a manner that will not cause or contribute to injuring themselves or others. Patrons must report all injuries before leaving."
If a person willfully violates this chapter, the person is guilty
of a misdemeanor and, upon conviction, is subject to a fine not exceeding
$50.
