SECTION 5.9012. Denial of Entry to Amusement Rides; Prohibiting Operation of Amusement Rides

(a) The owner/operator of an amusement ride or device shall have the ability to view patrons so that no one is permitted on such ride or device who appears to be in an intoxicated, drugged, or other condition of health that could be detrimental to the safety of themselves, other patrons, the operator, or spectators.

(b) The owner/operator shall 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 will prohibit the carrying of any article which might be dropped or thrown from the ride or device.

(d) The restrictions set forth in this section and others that will preclude participation on an amusement ride or device shall be posted in plain view at the entrance to the ride. No operator may waive such restrictions.

(e) A municipal, county, or state law enforcement official may enter and inspect without notice any amusement ride at any time to ensure public safety, and the owner/operator of an amusement ride must comply with the requirements of §2151.152 of the Act, 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 ride as set forth in §2151.152, §2151.1525 or §2151.1526 of the Act, and a person may not operate the amusement ride until the requirements of §§2151.152, 2151.1525, and 2151.1526 of the Act are met.

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