2308

LAWS OF MARYLAND

Ch. 844

OR MORE PRACTICES, MEANS OR METHODS OF OPERATION WHICH
ARE IN USE BY THE OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
ATTRACTION UNLESS SUCH OWNER OR LESSEE DID NOT AND COULD
NOT WITH THE EXERCISE OF REASONABLE DILIGENCE, KNOW OF
THE PRESENCE OF THE VIOLATION.

(C)    ANY OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
ATTRACTION WHO HAS RECEIVED A CITATION FOR A VIOLATION OF
ANY PROVISION OF THIS SUBTITLE OR ANY RULE, REGULATION,
STANDARD, OR ORDER PROMULGATED PURSUANT TO THIS SUBTITLE
AND THE VIOLATION IS SPECIFICALLY DETERMINED NOT TO BE OF
A SERIOUS NATURE, IS SUBJECT TO A [[FINE]] CIVIL PENALTY
NOT TO EXCEED $500 FOR EACH VIOLATION.

(D)    ANY OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
ATTRACTION WHO DOES NOT CORRECT A VIOLATION FOR WHICH A
CITATION HAS BEEN ISSUED WITHIN THE PERIOD PERMITTED FOR
ITS CORRECTION AS PROVIDED IN § 72 OF THIS SUBTITLE IS
SUBJECT TO A [[FINE]] CIVIL PENALTY NOT TO EXCEED $500
FOR EACH DAY DURING WHICH THE VIOLATION CONTINUES.

(E)    ANY OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
ATTRACTION WHO VIOLATES ANY OF THE POSTING REQUIREMENTS,
AS PRESCRIBED UNDER THE PROVISIONS OF THIS SUBTITLE, IS
SUBJECT TO A [[FINE]] CIVIL PENALTY NOT TO EXCEED $500
FOR EACH VIOLATION.

(F)    UNDER THIS SUBTITLE THE COMMISSIONER SHALL IN
ASSESSING PENALTIES GIVE DUE CONSIDERATION TO THE
APPROPRIATENESS OF THE PENALTY WITH RESPECT TO THE SIZE
OF THE BUSINESS OF THE AMUSEMENT RIDE OR ATTRACTION OWNER
OR LESSEE BEING CHARGED, THE GRAVITY OF THE VIOLATION,
THE GOOD FAITH OF THE OWNER OR LESSEE AND THE OWNER OR
LESSEE'S HISTORY OF PREVIOUS VIOLATIONS.

(G)    ALL CIVIL PENALTIES IMPOSED UNDER THIS
SUBTITLE SHALL BE PAID INTO THE STATE TREASURY.

31.

(A)    ANY OWNER OR LESSEE OF AN AMUSEMENT RIDE OR
ATTRACTION WHO WILFULLY VIOLATES ANY PROVISION OF THIS
SUBTITLE OR ANY PULE, REGULATION, STANDARD OR ORDER
PROMULGATED PURSUANT TO THIS SUBTITLE, AND THAT VIOLATION
CAUSED DEATH TO ANY MEMBER OF THE PUBLIC EXPOSED TO THE
VIOLATION, IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION
IS SUBJECT TO A FINE NOT EXCEEDING $2,500 OR BY
IMPRISONMENT NOT EXCEEDING SIX MONTHS, OR BOTH, EXCEPT
THAT IF THE CONVICTION IS FOR A VIOLATION COMMITTED AFTER
A FIRST CONVICTION, HE IS SUBJECT TO A FINE NOT EXCEEDING
$5,000 OR BY IMPRISONMENT NOT EXCEEDING ONE YEAR, OR
BOTH.

(B)    A PERSON WHO KNOWINGLY MAKES ANY FALSE
STATEMENT, REPRESENTATION, OR CERTIFICATION IN ANY
APPLICATION, RECORD, REPORT, PLAN OR OTHER DOCUMENT FILED
OR REQUIRED TO BE MAINTAINED PURSUANT TO THIS SUBTITLE,
IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION IS SUBJECT