TITLE 80 STATE FAIR COMMISSION
Final Rule
LSA Document #19-169(F)
DIGEST
Adds
80 IAC 11-4 to prohibit certain activities at the fairgrounds and to provide for enforcement, including eviction and exclusion. Effective 30 days after filing with the Publisher.
Rule 4. Prohibited Activities and Enforcement
80 IAC 11-4-1 Additional prohibited activities
Authority:
IC 15-13-2-9
Sec. 1. In addition to the activities regulated at 80 IAC 11-2 and 80 IAC 11-3, the following are prohibited at the fairgrounds:
(1) Theft or malicious damage to property.
(2) Unauthorized entry, use, or occupancy of any facility.
(4) Offenses against public order as defined by IC 35-45-1.
(5) Any other conduct that violates a federal or state law or a municipal ordinance.
(7) Possession or control over an unauthorized animal prohibited by 80 IAC 11-2-4.
(8) Use of any motorized or nonmotorized personal mobility device designed to transport one (1) person. The following are not subject to this prohibition:
(A) Motorized or manually propelled wheelchairs as covered by Title II of the Americans with Disabilities Act (ADA).
(B) Other power-driven mobility devices as covered by Title II of the ADA.
(C) Electrical personal assistive mobility devices (Segways).
(D) Golf carts with commission issued permits during the annual Indiana state fair.
(State Fair Commission; 80 IAC 11-4-1; filed Aug 15, 2019, 1:36 p.m.: 20190911-IR-080190169FRA)
Authority:
IC 15-13-2-9
Sec. 2. (a) A commission employee or another authorized representative may require a person to leave the fairgrounds, or may otherwise restrict a person's use of the fairgrounds, for a violation of section 1 of this rule.
(b) An ejection or restriction imposed under subsection (a) is effective immediately and applies for twenty-four (24) hours unless the commission employee or other authorized representative specifies a shorter duration.
(c) Notwithstanding subsection (b), a commission employee or another authorized representative may designate in writing that the ejection or restriction shall remain in effect for not more than one (1) year. The length of ejection shall be at the discretion of the commission employee or another authorized representative. An ejection or restriction under this subsection is subject to administrative review by the commission under IC 4-21.5.
(d) Any person violating the ejection imposed under this section shall be deemed a trespasser, as defined in IC 35-43-2-2, and subject to criminal prosecution.
(State Fair Commission; 80 IAC 11-4-2; filed Aug 15, 2019, 1:36 p.m.: 20190911-IR-080190169FRA)
Hearing Held: June 19, 2019
Approved by Attorney General: August 12, 2019
Approved by Governor: August 15, 2019
Filed with Publisher: August 15, 2019, 1:36 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Will Forrest, Director of Legal Affairs, Indiana State Fair Commission, 1202 East 38th Street, Indianapolis, IN 46205, (317) 927-7527, wforrest@indianastatefair.com
Posted: 09/11/2019 by Legislative Services Agency
DIN: 20190911-IR-080190169FRA
Composed: Apr 28,2024 3:25:30AM EDT
A
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