44-1799.63. Amusement ride owners and operators; requirements; denial of entry

A. An amusement ride owner or operator shall:

1. Have the amusement ride inspected at least once a year by an insurer, a person with whom the insurer has contracted or an amusement ride inspector provided by a municipality or county who is experienced and educated in amusement ride inspections in compliance with the amusement rides and devices standards of the American society of testing and materials. If an inspection reveals that the amusement ride does not meet the amusement rides and devices standards of the American society of testing and materials or requires repair or replacement of equipment, the inspector shall notify the owner or operator and shall not issue the written certificate of inspection until the owner or operator meets the standards and makes the repairs or installs the replacement equipment.

2. Maintain at all times a written certificate of the annual inspection.

3. Procure insurance for the amusement ride from an insurer authorized to do business in this state pursuant to section 20-217 or by an insurer on the list of qualified unauthorized insurers pursuant to section 20-413, insuring the owner or operator against liability for injury to persons arising from the use of the amusement ride, in an amount of not less than one million dollars for bodily injury and five hundred thousand dollars for property damage per occurrence or in an amount of two million dollars per occurrence for a combined single limit.

4. Maintain at all times the written permit for operation of the amusement ride issued by the municipality or county.

5. Provide to each sponsor, lessor or property owner of the property where the amusement ride is operated documentation of compliance with the insurance, inspection and permit requirements of this article.

6. Maintain for a period of at least two years accurate records of any governmental action taken in any state relating to the amusement ride, including any operation permits, insurance certificates, inspection reports, incident reports, maintenance and operational records and records documenting the repair or replacement of equipment used in the operation of the amusement ride. A copy of these records shall be provided to the municipality or county at the time of application for a permit under section 44-1799.62.

7. Maintain for a period of at least two years accurate records of serious injuries actually caused by the amusement ride that are consistent with the recording standards of the American society of testing and materials. The injury records are not subject to public inspection except upon demand of a municipal or county peace officer or enforcement official. A copy of these records shall be provided to the municipality or county at the time of application for a permit under section 44-1799.62.

B. An amusement ride operator may deny entry to the amusement ride of any person if, in the opinion of the operator, the entry may jeopardize the safety of the person or any other amusement ride patron.