Title 34, Chapter 13, Section 18
( 34-13-18)
(a) The Commissioner or his authorized representative may issue a
written order for the temporary cessation of operation of a carnival
ride if it has been determined after inspection to be hazardous or
unsafe. Operations shall not resume until such conditions are
corrected to the satisfaction of the Commissioner or his authorized
representative. (b) In the event that an owner or operator knowingly allows the
operations of a carnival ride after the issuing of a temporary
cessation, the Commissioner or his authorized representative may
initiate in the superior court any action for an injunction or writ
of mandamus upon the petition of the district attorney or Attorney
General. An injunction, without bond, may be granted by the
superior court to the Commissioner for the purpose of enforcing this
chapter. (c)(1) Any person, firm, partnership, or corporation violating the
provisions of this chapter shall be guilty of a misdemeanor. Each
day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this
subsection, the Commissioner shall have the power, after notice
and hearing, to levy civil penalties as prescribed in the rules
and regulations of the department in an amount not to exceed
$5,000.00 upon any person, firm, partnership, or corporation
failing to adhere to the requirements of this chapter and the
rules and regulations promulgated under this chapter. The
imposition of a penalty for a violation of this chapter or the
rules and regulations promulgated under this chapter shall not
excuse the violation or permit it to continue. |