§ 95-111.3. Definitions.
§95‑111.3. Definitions.
(a) The term"amusement device" shall mean any mechanical or structural device orattraction that carries or conveys or permits persons to walk along, around orover a fixed or restricted route or course or within a defined area includingthe entrances and exits thereto, for the purpose of giving such personsamusement, pleasure, thrills or excitement. The term shall include but not belimited to roller coasters, Ferris wheels, merry‑go‑rounds,glasshouses, waterslides, and walk‑through dark houses. This term shallnot include the following:
(1) Devices operated ona river, lake, or any other natural body of water;
(2) Wavepools;
(3) Roller skatingrinks;
(4) Ice skating rinks;
(5) Skateboard ramps orcourses;
(6) Mechanical bulls;
(7) Buildings orconcourses used in laser games;
(8) All terrainvehicles;
(9) Motorcycles;
(10) Bicycles; and
(11) Mopeds.
(b) The term"amusement park" shall mean any tract or area used principally as apermanent location for amusement devices.
(b1) The term"carnival area" shall mean any area, tract, or structure that isrented, leased, or owned as a temporary location for amusement devices.
(c) The term"Commissioner" shall mean the North Carolina Commissioner of Labor orhis authorized representative.
(d) The term"Director" shall mean the Director of the Elevator and AmusementDevice Division of the North Carolina Department of Labor.
(e) The term"operator" shall mean any person having direct control of theoperation of an amusement device. The term "operator" shall notinclude any person on the device for the purpose of receiving amusement,pleasure, thrills, or excitement.
(f) The term"owner" shall mean any person or authorized agent of such person whoowns an amusement device or in the event such device is leased, the lessee. The term "owner" also shall include the State of North Carolina orany political subdivision thereof or any unit of local government.
(g) The term"person" shall mean any individual, association, partnership, firm,corporation, private organization, or the State of North Carolina or anypolitical subdivision thereof or any unit of local government.
(h) The term"waterslide" shall mean a stationary amusement device that provides adescending ride on a flowing water film through a trough or tube or on aninclined plane into a pool of water. This term does not include devices wherethe vertical distance between the highest and the lowest points does not exceed15 feet. (1985 (Reg. Sess., 1986), c. 990, s. 2; 1987, c. 864,s. 90(a); 1991, c. 178, s. 2.)