Louisiana Revised Statutes 40:1484.24 – A. If the state fire marshal finds that any person, operator, inspector, or firm has violated any provision of this Part or any regulation, rule, or issued order, he may impose upon
Terms Used In Louisiana Revised Statutes 40:1484.24
- Amusement attraction: means any building or structure around, over, or through which people may move or walk, without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 40:1484.3
- Amusement ride: means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 40:1484.3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Firm: means a sole proprietorship, corporation, limited liability company, or similar type of business entity. See Louisiana Revised Statutes 40:1484.3
- Inflatable amusement device: means any amusement attraction that incorporates a structural and mechanical system that employs a high-strength fabric or film that achieves its strength, shape, and stability by pretensioning with internal air pressure for activities including, but not limited to bouncing, climbing, sliding, or interactive play, which may or may not be enclosed. See Louisiana Revised Statutes 40:1484.3
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operator: means a person or firm who may or may not own the inflatable amusements devices, amusement attractions, or amusement rides who is managing, coordinating, or has the duty to control the operation of the inflatable amusements devices, amusement attractions, or amusement rides at an event or a fixed operation location. See Louisiana Revised Statutes 40:1484.3
- Owner: means a person or firm, or the agent of a person or firm, who owns an amusement attraction, amusement ride, or more than two inflatable amusement devices, and at least one of the person's or firm's inflatable amusement devices, amusement attractions, or amusement rides is utilized in this state. See Louisiana Revised Statutes 40:1484.3
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Venue: The geographical location in which a case is tried.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. If the state fire marshal finds that any person, operator, inspector, or firm has violated any provision of this Part or any regulation, rule, or issued order, he may impose upon that person, operator, inspector, or firm a fine in an amount not to exceed five thousand dollars for each violation. Each day on which the violation occurs is considered a separate offense.
B.(1) In addition to or in lieu of administrative sanctions and civil penalties provided in this Part, the state fire marshal is empowered to issue an order to any person, operator, inspector, or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this Part, directing the person, operator, inspector, or firm to cease and desist from the activity, conduct, or practice. The order shall be issued in the name of the state of Louisiana under the official seal of the state fire marshal.
(2) If the person, operator, inspector, or firm to whom the state fire marshal directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice immediately after service of the cease and desist order by certified mail or personal service, the state fire marshal may seek, in any court of competent jurisdiction and proper venue, a writ of injunction enjoining the person, operator, inspector, or firm from engaging in any activity, conduct, or practice prohibited by this Part.
(3) Upon a proper showing by the state fire marshal that a person, operator, inspector, or firm has engaged in any activity, conduct, or practice prohibited by this Part, the court shall issue a temporary restraining order restraining the person, operator, inspector, or firm from engaging in unlawful activity, conduct, or practices pending the hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity, conduct, or practices.
(4) A temporary restraining order, preliminary injunction, or permanent injunction issued as provided in this Part is not subject to being released upon bond.
(5) In the suit for an injunction, the state fire marshal may demand of the defendant a penalty of fifty dollars per day for each violation, reasonable attorney fees, and court costs. Judgment for penalty, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made final.
C. In addition to the foregoing provisions, the state fire marshal may assess civil penalties attributable to the operator of an inflatable amusement device, amusement ride, or amusement attraction to the owner or lessee of the site on which the inflatable amusement device, amusement attraction, or amusement ride is located, if the owner or lessee of the site failed to reasonably determine that the operator of the inflatable amusement device, amusement ride, or amusement attraction is in proper compliance with the requirements of this Part.
D. Procedures for the imposition of fines and appeals of such fines shall be governed in accordance to the Administrative Procedure Act.
Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.