§ 34-13-18 - Order for temporary cessation; injunction; penalties - Georgia Statutes

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Statutes > Georgia > Title-34 > Chapter-13 > 34-13-18

O.C.G.A. 34-13-18 (2010)
34-13-18. Order for temporary cessation; injunction; penalties

(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.

State Codes and Statutes

Statutes > Georgia > Title-34 > Chapter-13 > 34-13-18

O.C.G.A. 34-13-18 (2010)
34-13-18. Order for temporary cessation; injunction; penalties

(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.

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State Codes and Statutes

Statutes > Georgia > Title-34 > Chapter-13 > 34-13-18

O.C.G.A. 34-13-18 (2010)
34-13-18. Order for temporary cessation; injunction; penalties

(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.