Title 5, Title 5: AMUSEMENTS, PUBLIC EXHIBITIONS AND MEETINGS

5:3-21.3. Failure to comply Any person, corporation or association operating any such theatre, who shall neglect or fail to comply with the provisions of this act, shall be adjudged a disorderly person. L.1951, c. 220, p. 785, s. 3.

5:3-22. Commissioner of labor to supervise; code to be prepared The supervision of all buildings and structures used as places for public amusement in municipalities having no local building supervision shall in all respects conform to a building code, prepared and promulgated by…

5:3-23. Plans of buildings; approval by commissioner; duplicate In all such municipalities, no such building or structure shall be erected or used in whole or in part for said purpose of public amusement unless the plans and specifications therefor shall first have been approved …

5:3-24. Application; fees All plans and specifications must be accompanied by an application form, furnished by the department of labor, together with an examining fee of three dollars for buildings or structures not exceeding three stories in height, and a fee of five dollars fo…

5:3-25. Alterations; approval by commissioner No alteration shall be made in any such building or structure, after a certificate of approval has once been issued, unless an application for such alteration is made to, and approved by, the said commissioner.

5:3-26. Discontinuance of use of unsafe structures In all such municipalities having no local building supervision, any building or structure used as a place for public amusement which does not conform with the regulations set forth by the commissioner of labor, and which is deem…

5:3-27. Registration; notice of to be posted The commissioner of labor shall keep a complete registry of all such places of public amusement. A notice of such registration shall be furnished by the commissioner and kept in a conspicuous position in the building or structure used …

5:3-28. Violation; penalties Any person who shall violate any provision of this article shall be liable to a penalty of two hundred dollars for each offense. Each day that such violation continues shall be deemed a separate offense.

5:3-29. Penalties; recovery; disposition 5:3-29. The Department of Labor may bring a civil action for the recovery of any such penalty in the Superior Court in the county wherein the violation occurred. All penalties so recovered shall be paid to said department and by it paid in…

5:3-3. Aisles and passageways kept clear No obstruction or thing shall be placed, nor shall any person stand in any aisle or passageway in any such place of public amusement.

5:3-30. Liability for personal injuries No person maintaining or operating a playground for public use acquired or maintained for philanthropic purposes and not for profit, shall be liable in damages for accidents happening within the bounds of such playground. Nothing in this se…

5:3-31. Short title This act shall be known and may be cited as the "Carnival-Amusement Rides Safety Act." L.1975, c. 105, s. 1, eff. May 29, 1975.

5:3-32. Definitions relative to carnival-amusement rides 2. As used in this act, except where a different meaning is clearly implied by the context: a. "Carnival-amusement ride" or "ride" means any mechanical device or devices, including but not limited to water slides exceeding …

5:3-33. Advisory Board on Carnival-Amusement Ride Safety 3. a. There is hereby established within the Department of Community Affairs an Advisory Board on Carnival-Amusement Ride Safety to consist of 13 members, of whom two shall be representatives of the carnival-amusement ride …

5:3-34. Reimbursement of expenses The members of the board shall serve without compensation but shall be reimbursed for any expenses incurred in attending meetings of the board and in performance of their duties as members thereof. L.1975, c. 105, s. 4, eff. May 29, 1975.

5:3-35. Powers The advisory board is empowered to: a. Study and request information from the commissioner on any aspect of the carnival-amusement ride safety program, or on any matter relating to the proper conduct and improvement of said program, including its administrative, en…

5:3-36. Rules, regulations 6. a. The Commissioner of Community Affairs, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt and promulgate rules and regulations for the safe design, manufacture, installation, repair,…

5:3-36.1. Compliance by riders required; violators deemed disorderly persons 5. Each individual who rides a carnival-amusement ride shall comply with written warnings and directions posted by the operator of the carnival-amusement ride pursuant to section 6 of this amendatory and…

5:3-36.2. Posting of warning notices; contents 6. Each person who operates a carnival-amusement ride shall post a written notice which complies with the provisions of this section. The notice shall be posted in a conspicuous public place on or near the ride in a manner consistent…

5:3-37. Reasonableness and uniformity of rules and regulations Any rules and regulations adopted and promulgated by the department shall be of a reasonable nature, and based upon generally accepted engineering standards, formulas and practices, and, insofar as is practicable and …

5:3-38. Administration and enforcement of act and rules and regulations The department shall administer and enforce all provisions of this act and all rules and regulations adopted and promulgated in accordance with section 6 of this act, and shall cause the text of such rules an…

5:3-39. Schedule of fees 9. The department shall determine a schedule of inspection, carnival-amusement ride type certification, individual approval and carnival-amusement ride permit fees. The department shall, from time to time, make further adjustments in the schedule to bring…

5:3-4. Enforcement and regulations The municipal authority having control of the extinguishment of fires in any city shall enforce the provisions of this article and any regulation, order or special direction duly made thereunder and may make rules for the better enforcement of t…

5:3-40. Chief inspector and other employees; employment The department, in accordance with the provisions of Title 11 of the Revised Statutes of New Jersey, shall employ a chief inspector and such additional inspectors and other employees as may be necessary to administer and enf…

5:3-41. Annual issuance of permit, inspection 11. a. No carnival-amusement ride may be operated without a permit issued by the department. Before commencing operations and annually thereafter, an owner shall apply for a permit to the department on a form furnished by the departme…

5:3-41.1 Suspension, revocation of permit 7. The department shall have the power to suspend or revoke an owner's permit for any good cause under the meaning and purpose of P.L.1975, c.105 (C.5:3-31 et seq.). L.1998,c.10,s.7.

5:3-42. Certification of type required for operation of ride; exceptions. 12. a. Except as permitted by this section and sections 13 and 15 of P.L.1975, c.105 (C.5:3-43 and 5:3-45), no carnival-amusement ride, including a modified carnival-amusement ride, shall be operated, insta…

5:3-42.1. Information provided by manufacturers; evaluation of incidents; engineering analyses 14. a. All persons manufacturing carnival-amusement rides to be erected, used or installed in this State shall provide to the department, on a form provided by the department, the infor…

5:3-43. Individual approval of ride, required; conditions 13. If a carnival-amusement ride was manufactured prior to the effective date of P.L.2001, c.166 or the type certification for the ride is not renewed by the manufacturer or is revoked by the department, then the ride shal…

5:3-44. Order of temporary cessation of operation, suspension of permit; reconsideration hearing 14. a. The department may order, in writing, a temporary cessation of operation of a carnival-amusement ride or suspend the permit issued for that ride if it has been determined after…

5:3-45. Use of rides not prohibited; conditions 15. a. This act shall not be construed as to prevent the use of any carnival-amusement ride if the ride has a New Jersey serial number and is maintained in a safe condition and in conformance with the rules and regulations of the de…

5:3-46. Maintenance, inspection records 16. a. The owner and ride operator shall retain at all times up-to-date maintenance and inspection records for each carnival-amusement ride in accordance with such rules and regulations as the department may prescribe. Among other things, s…

5:3-47. Report of accidents, injuries, fatalities 17. It shall be the duty of every owner and ride operator to report immediately, on a form to be provided by the department, any accidents and resulting injuries or fatalities incurred during the operation of any carnival-amusemen…

5:3-48. Modification of rules, regulations or order; application; hearing; findings and recommendations; record If there are practical difficulties or unnecessary hardships for an owner to comply with any rules and regulations adopted pursuant to this act, or if an owner is aggri…

5:3-49. Rules and regulations on safe operating procedures The department shall adopt and promulgate rules and regulations on safe operating procedures which, inter alia, shall include the requirement that a ride operator be at least 16 years of age, that he operate no more than …

5:3-5. Violations; penalty Any person who shall willfully violate any of the provisions of this article or any regulation, order or special direction duly made thereunder, shall, for each offense, forfeit to the municipality in which the offense was committed, a penalty of not le…

5:3-50. Insurance or bond required for operation of ride 20. No persons shall operate a carnival-amusement ride unless at the time there is in existence (a) a policy of insurance written on a per occurrence basis in an amount of not less than $1,000,000 per occurrence insuring th…

5:3-51. Inapplicability of act to single-passenger coin-operated ride This act shall not apply to any single-passenger coin-operated ride, manually, mechanically or electrically operated, which customarily is placed, singly or in groups, in a public location and which does not no…

5:3-52. Enactment of requirements by municipalities; application for exemption from state standards Nothing contained in this act shall prevent municipalities from enacting requirements more restrictive than those provided for by, or adopted pursuant to the provisions of this act…

5:3-53. Injunction to compel compliance The department shall have the power to bring injunctive proceedings in any court of competent jurisdiction to compel compliance with any lawful order made by the department pursuant to the provisions of this act. L.1975, c. 105, s. 23, eff.…

5:3-54. Noncompliance; fine 24. Any person who interferes in any manner with the implementation of or otherwise fails to comply with the provisions of this act, shall be liable to a fine of not more than $5,000 per day for each violation to be adjudged, collected and enforced, in…

5:3-55. Definitions 1. As used in this act: "Amusement park" means any permanent indoor or outdoor facility or park where amusement rides are available for use by the general public. "Amusement park operator" means any person, firm or corporation that owns, leases, manages or ope…

5:3-56. Certain riders prohibited, operator immunity 2. A rider shall not board or attempt to board any amusement ride if he is knowingly under the influence of any alcoholic beverage as defined in R.S.33:1-1 or under the influence of any prescription, legend drug or controlled d…

5:3-57. Written report of accident precondition to bringing suit 3. a. As a precondition to bringing any suit in connection with an injury against an amusement park operator, a rider shall report in writing to the amusement park operator all the details of any accident within 90 …

5:3-58. Late reports, determination of prejudice to operator 4. A rider who fails to give the report required by section 3 of this act within 90 days from the time of the accident or incident may be permitted to give the report at any time within one year after the accident or in…

5:3-59. Report to serve as notice to operator 5. When an operator files a report of an accident as required by section 17 of P.L.1975, c.105 (C.5:3-47) within 90 days from the time of the accident that report shall serve as notice to the operator for the purposes of section 3 of …