(a) The owner/operator of an amusement ride or device
must have the ability to view patrons so that no one is permitted
on a ride or device who appears to be in an intoxicated, drugged,
or other condition of health that could be detrimental to the safety
of the patron, other patrons, the operator, or spectators.
(b) The owner/operator must exercise reasonable control
to prohibit the wearing of improper attire or lack of attire as deemed
appropriate for the ride or device.
(c) The owner/operator must prohibit the carrying of
any article that might be dropped or thrown from the ride or device.
(d) The restrictions in this section and others that
will preclude participation on an amusement ride or device must be
posted in plain view at the entrance to the ride. No operator may
waive these restrictions.
(e) A municipal, county, or state law enforcement official
may enter and inspect without notice any amusement ride or device
at any time to ensure public safety, and the owner/operator of an
amusement ride must comply with the requirements of Occupations Code §2151.152,
concerning Other Enforcement Actions, including providing copies of
the inspection certificate and insurance policy and cooperating in
the prohibiting of the operation of the amusement ride, if applicable.
(f) A municipal, county, or state law enforcement official
may immediately prohibit operation of an amusement or device ride
as set forth in Occupations Code §§2151.152; 2151.1525,
concerning Prohibition of Amusement Ride Operation; or 2151.1526,
concerning Prohibition of Mobile Amusement Ride Operation, and a person
may not operate the amusement ride until the requirements of Occupations
Code §§2151.152, 2151.1525, and 2151.1526 are met.
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Source Note: The provisions of this §5.9012 adopted to be effective September 29, 1993, 18 TexReg 6315; amended to be effective May 4, 2000, 25 TexReg 3787; amended to be effective November 3, 2005, 30 TexReg 7049; amended to be effective November 3, 2024, 49 TexReg 8587 |