New Jersey Ski Statute, (N.J.S.A.)
Posted: January 22, 2024 Filed under: New Jersey, Skiing / Snow Boarding | Tags: New Jersey Ski Statute, NJSA, skiing Leave a commentNew Jersey Ski Statute, (N.J.S.A.)
5:13-1. Legislative findings; purpose of law 1
5:13-3. Responsibility of operator 2
5:13-5. Assumption of risk of skier 4
5:13-6. Application of law on comparative negligence 4
5:13-7. Report of injury; precondition to suit; limitation on time 4
5:13-8. Limitation of action 5
5:13-9. Minors; tolling of limitations 5
5:13-10. Provisions of act cumulative with defenses under Tort Claims Act 5
5:13-12. Helmet required for downhill skiers, snowboarders; violations, penalties 5
34:4A-4. Rules, regulations and codes; publication; furnishing to registered operators 7
34:4A-7. Inspection by commissioner or certification of compliance by qualified inspector 8
34:4A-9. Operator aggrieved by order; application for review; hearing; decision; appeal 9
34:4A-10. Illegal operation; penalty 10
34:4A-11. Failure of operator to comply with order; order for cessation of operation 10
34:4A-12. Injunctions to compel compliance 10
34:4A-14. Violations; penalty 11
5:13-1. Legislative findings; purpose of law
a. The Legislature finds that the sport of skiing is practiced by a large number of citizens of this State and also attracts to this State large numbers of nonresidents, significantly contributing to the economy of this State and, therefore, the allocation of the risks and costs of skiing are an important matter of public policy.
b. The purpose of this law is to make explicit a policy of this State which clearly defines the responsibility of ski area operators and skiers, recognizing that the sport of skiing and other ski area activities involve risks which must be borne by those who engage in such activities and which are essentially impractical or impossible for the ski area operator to eliminate. It is, therefore, the purpose of this act to state those risks which the skier voluntarily assumes for which there can be no recovery.
History:
L.1979, c.29, s.1, eff. 2/22/1979.
5:13-1 Legislative findings; purpose of law (New Jersey Statutes (2023 Edition))
5:13-2. Definitions
As used in this act
a. “Operator” means a person or entity who owns, manages, controls or directs the operation of an area where individuals come to ski, whether alpine, touring or otherwise, or operate skimobiles, toboggans, sleds or similar vehicles and pay money or tender other valuable consideration for the privilege of participating in said activities, and includes an agency of this State, political subdivisions thereof or instrumentality of said entities, or any individual or entity acting on behalf of an operator for all or part of such activities.
b. “Ski area” includes all of the real and personal property, under the control of the operator or on the premises of the operator which are being occupied, by license, lease, fee simple or otherwise, including but not limited to all passenger tramways, designated trails, slopes and other areas utilized for skiing, operating toboggans, sleds, or similar vehicles during the skiing season.
c. “Skier” means a person utilizing the ski area for recreational purposes such as skiing or operating toboggans, sleds or similar vehicles, and including anyone accompanying the person. Skier also includes any person in such ski area who is an invitee, whether or not said person pays consideration.
d. “Slopes and trails” means those areas designated as such by the operator.
History:
L.1979, c.29, s.2, eff. 2/22/1979.
5:13-2 Definitions (New Jersey Statutes (2023 Edition))
5:13-3. Responsibility of operator
a. It shall be the responsibility of the operator to the extent practicable, to:
(1) Establish and post a system generally identifying slopes and trails and designating relative degrees of difficulty thereof; and to make generally available to skiers information in the form of trail maps or trail reports.
(2) Make generally available either by oral or written report or otherwise, information concerning the daily conditions of the slopes and trails.
(3) Remove as soon as practicable obvious, man-made hazards.
b. No operator shall be responsible to any skier or other person because of its failure to comply with any provisions of subsection 3.a. if such failure was caused by:
(1) Abrupt changes in weather conditions;
(2) Hazards normally associated with the varying conditions of snow or undercover, including skier use; or
(3) Subject to the provisions of subsection 3.a.(3), the location of man-made facilities and equipment necessary for the ordinary operation of the ski area, such as transportation or grooming vehicles, which are marked by flashing lights or other suitable sight or sound devices towers, fencing of any type, racing poles, or any other object or piece of equipment utilized in connection with the maintenance of trails, buildings or other facilities used in connection with skiing.
c. Grooming shall be at the discretion of the operator.
d. No operator shall be liable to any skier unless said operator has knowledge of the failure to comply with the duty imposed by this section or unless said operator should have reasonably known of such condition and having such knowledge has had a reasonable time in which to correct any condition or comply with any duty set forth in this section.
e. Nothing contained in this act shall be construed as limiting or otherwise affecting the liability and responsibilities of a ski area operator under the “Ski Lift Safety Act” (P.L. 1975, c. 226, C. 34:4A-1 et seq.), or shall prevent the maintenance of an action against a ski area operator for negligent construction, maintenance or operation of a passenger tramway.
History:
L.1979, c.29, s.3, eff. 2/22/1979.
5:13-3 Responsibility of operator (New Jersey Statutes (2023 Edition))
5:13-4. Duties of skiers
a. Skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person.
b. No skier shall:
(1) Board or dismount from a ski lift except at a designated area;
(2) Throw or expel any object from any tramway, ski lift, commercial skimobile, or other similar device while riding on the device;
(3) Act in any manner contrary to posted rules while riding on a rope tow, wire rope tow, j-bar, t-bar, ski lift, or similar device that may interfere with the proper or safe operation of the lift or tow;
(4) Knowingly engage in any act or activity by his skiing or frolicking which injures other skiers while such other skiers are either descending any trail, or standing or congregating in a reasonable manner, and due diligence shall be exercised in order to avoid hitting, colliding with or injuring any other skier or invitee.
(5) Knowingly engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall, while traveling uphill on a ski lift;
(6) Cross the uphill track of a j-bar, t-bar, rope tow, wire rope tow, or other similar device except at designated locations.
c. Every skier shall maintain control of his speed and course at all times, and shall stay clear of any snow grooming equipment, any vehicle, any lift tower, and any other equipment on the mountain.
d. A skier shall be the sole judge of his ability to negotiate any trail, slope, or uphill track and shall not attempt to ski or otherwise traverse any trail, slope or other area which is beyond the skier’s ability to negotiate.
e. No skier shall board a rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device unless he has sufficient knowledge and ability to use the lift. If the skier does not have such knowledge or ability, he shall ask for and receive, or follow any posted, written or oral instructions prior to using such device.
f. No person shall ski on other than designated trails or slopes.
g. No person on foot or on any type of sliding device shall knowingly operate said device so as to cause injury to himself or others, whether such injury results from a collision with another person or with an object.
h. A person embarking on a lift or tow without authority, or failing to pay appropriate consideration for its use shall be considered to be a trespasser.
History:
L.1979, c.29, s.4, eff. 2/22/1979.
5:13-4 Duties of skiers (New Jersey Statutes (2023 Edition))
5:13-5. Assumption of risk of skier
A skier is deemed to have knowledge of and to assume the inherent risks of skiing, operating toboggans, sleds or similar vehicles created by weather conditions, conditions of snow, trails, slopes, other skiers, and all other inherent conditions. Each skier is assumed to know the range of his ability, and it shall be the duty of each skier to conduct himself within the limits of such ability, to maintain control of his speed and course at all times while skiing, to heed all posted warnings and to refrain from acting to a manner which may cause or contribute to the injury of himself or others.
History:
L.1979, c.29, s.5, eff. 2/22/1979.
5:13-5 Assumption of risk of skier (New Jersey Statutes (2023 Edition))
5:13-6. Application of law on comparative negligence
The assumption of risk set forth in section 5 shall be a complete bar of suit and shall serve as a complete defense to a suit against an operator by a skier for injuries resulting from the assumed risks, notwithstanding the provisions of P.L. 1973, c. 146 (C. 2A:15-5.1 et seq.), relating to comparative negligence, unless an operator has violated his duties or responsibilities under this act, in which case the provisions of P.L. 1973, c. 146 shall apply. Failure to adhere to the duties set out in sections 4 and 5 shall bar suit against an operator to compensate for injuries resulting from skiing activities, where such failure is found to be a contributory factor in the resulting injury, unless the operator has violated his duties or responsibilities under the act, in which case the provisions of P.L. 1973, c. 146 shall apply.
History:
L.1979, c.29, s.6, eff. 2/22/1979.
5:13-6 Application of law on comparative negligence (New Jersey Statutes (2023 Edition))
5:13-7. Report of injury; precondition to suit; limitation on time
As a precondition to bringing any suit in connection with a skiing injury against an operator, a skier shall report in writing to the ski area operator all the details of any accident as soon as possible, but in no event longer than 90 days from the time of the incident giving rise to the suit.
The report shall include at least the following: name, address, brief description of incident, location, alleged cause, others involved and witnesses, if any. If it is not practicable to give the report because of severe physical disability resulting from a skiing accident or incident, the report shall be given as soon as practicable. This section is not applicable with respect to a ski area unless the operator conspicuously posts notice to skiers of the requirements of the section.
A skier who fails to give the report within 90 days from the time of the accident or incident may be permitted to give the report at any time within 1 year after the accident or incident, in the discretion of a judge of the superior court, if the ski area operator is not substantially prejudiced thereby. Application to the court for permission to give a late report shall be made upon motion based upon affidavits showing sufficient reasons for the skier’s failure to give the report within 90 days from the time of the accident or incident.
History:
L.1979, c.29, s.7, eff. 2/22/1979.
5:13-7 Report of injury; precondition to suit; limitation on time (New Jersey Statutes (2023 Edition))
5:13-8. Limitation of action
Sections 2, 3, 4 and 5, and any other law notwithstanding, an action for injury or death against a ski area operator, ski area or its employees or owner, whether based upon tort or breach of contract or otherwise arising out of skiing, operating toboggans, sleds or similar vehicles shall be commenced no later than 2 years after the occurrence of the incident or earliest of incidents giving rise to the cause of action.
History:
L.1979, c.29, s.8, eff. 2/22/1979.
5:13-8 Limitation of action (New Jersey Statutes (2023 Edition))
5:13-9. Minors; tolling of limitations
If a skiing accident or incident, or an action based upon a skiing accident or incident, involves a minor, the time limits set forth in sections 7 and 8 shall not begin to run against the minor until he reaches the age of majority.
History:
L.1979, c.29, s.9, eff. 2/22/1979.
5:13-9 Minors; tolling of limitations (New Jersey Statutes (2023 Edition))
5:13-10. Provisions of act cumulative with defenses under Tort Claims Act
The provisions of this act are cumulative with the defenses available to a public entity or public employee under the New Jersey Tort Claims Act (P.L. 1972, c. 45, C. 59:1-1 et seq.).
History:
L.1979, c.29, s.10, eff. 2/22/1979.
5:13-10 Provisions of act cumulative with defenses under Tort Claims Act (New Jersey Statutes (2023 Edition))
5:13-11. Severability
The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence or provision of this act is declared to be unconstitutional or the applicability thereof to any person is held invalid, the remainder of this act shall not thereby be deemed to be unconstitutional or invalid.
History:
L.1979, c.29, s.11, eff. 2/22/1979.
5:13-11 Severability (New Jersey Statutes (2023 Edition)) 5:13-12.
5:13-12. Helmet required for downhill skiers, snowboarders; violations, penalties
a. A person under 18 years of age engaged in the activity of downhill skiing or operation of snowboards, including the use of ski tows, lifts and tramways, shall wear a securely fitted protective helmet. As used in this act, “helmet” means a type of molded headgear equipped with a neck or chin strap specifically designed by the manufacturer to be used while engaged in the activity of recreational downhill skiing.
b. The parent, legal guardian, or adult acting in a supervising position of a person under 18 years of age shall ensure that the person wears a protective helmet as required by subsection a. of this section. A parent, legal guardian or adult acting in a supervising position who does not comply with this requirement shall be fined a maximum of $25 for the person’s first offense and a maximum of $100 for a subsequent offense. Local law enforcement agencies shall have exclusive authority to enforce this section and the penalty imposed shall be collected and enforced by summary proceedings under the “Penalty Enforcement Law of 1999,” P.L. 1999, c. 274(C.2A:58-10 et seq.).
c. Nothing in this act shall be construed to extend liability to the ski area operator.
History:
Added by L. 2011, c. 41,s. 1, eff. 11/1/2011.
5:13-12 Helmet required for downhill skiers, snowboarders; violations, penalties (New Jersey Statutes (2023 Edition))
New Jersey Ski Lift Safety Act
34:4A-1. Short title
This act shall be known and may be cited as the ‘Ski Lift Safety Act.’
History:
L.1975, c.226, s.1, eff. 10/15/1975.” 34:4A-1 Short title (New Jersey Statutes (2023 Edition))
34:4A-2. Public policy
It shall be the policy of the State of New Jersey to protect its citizens and visitors from unnecessary mechanical hazards in the operation of ski tows, lifts and tramways, to ensure that proper design and construction are used, that accepted safety devices and sufficient personnel are provided for, and that periodic inspections and adjustments are made which are deemed essential to the safe operation of ski tows, ski lifts and tramways. The primary responsibility for design, construction, maintenance and inspection rests with the operators of such passenger tramway devices. The State, through the Department of Labor and Industry, as hereinafter provided, shall register all ski lift devices, establish reasonable standards of design and operational practices and make such independent inspections as may be necessary in carrying out this policy.
History:
L.1975, c.226, s.2, eff. 10/15/1975.
34:4A-2 Public policy (New Jersey Statutes (2023 Edition))
34:4A-3. Definitions
As used in this act, except where otherwise clearly required by the context,
a. “Passenger tramway” means a device used to transport passengers uphill, on skis or in cars on tracks or suspended in the air, by the use of steel cables, chains or belts or by ropes, and usually supported by trestles or towers with one or more spans, and includes
(1) “aerial passenger tramway,” a device used to transport passengers in two open or enclosed cars attached to and suspended from a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices;
(2) “multicar aerial passenger tramway,” a device used to transport passengers in several open or enclosed cars attached to and suspended from a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices;
(3) “skimobile,” a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices;
(4) “chairlift,” a type of transportation on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain or link belt supported by trestles or towers with one or more spans, or similar devices;
(5) “J-bar,” “T-bar,” “poma lift” or “platter pull,” so called and similar types of devices, being means of transportation which pull skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans;
(6) “rope tow,” a type of transportation which pulls the skiers riding on skis as the skier grasps the rope manually, or similar devices;
b. “Operator” means a person who owns, manages or directs the operation of a passenger tramway, and includes the State or any political subdivision or instrumentality thereof;
c. “Commissioner” means the Commissioner of the Department of Labor and Industry, or any officer or employee of the department assigned by him to carry out any of the functions, duties and powers conferred or imposed upon him by this act.
History:
L.1975, c.226, s.3, eff. 10/15/1975.
34:4A-3 Definitions (New Jersey Statutes (2023 Edition))
34:4A-4. Rules, regulations and codes; publication; furnishing to registered operators
The commissioner may adopt and from time to time supplement, alter or repeal reasonable rules, regulations and codes relating to public safety in the construction, operation and maintenance of passenger tramways. Such rules, regulations and codes shall conform as nearly as practicable to established standards, if any, and shall not be discriminatory in their application to operators of passenger tramways. The procedures regarding such adoption, supplement, alteration or repeal shall conform to the applicable provisions of the “Administrative Procedure Act” (P.L. 1968, c. 410; C. 52:14B-1 et seq.). The commissioner shall cause the text of such rules, regulations and codes and of any changes therein resulting from supplement, alteration or repeal from time to time to be published in pamphlet form and a copy thereof furnished without charge to each registered operator. Rules, regulations or codes adopted by the commissioner shall in no way reduce or diminish the standard of care imposed upon passenger tramway operators under existing law.
History:
L.1975, c.226, s.4, eff. 10/15/1975.
34:4A-4 Rules, regulations and codes; publication; furnishing to registered operators (New Jersey Statutes (2023 Edition))
34:4A-5. Passenger tramway; registration; application; issuance; inspections; supplemental application; expiration; display
a. A passenger tramway shall not be operated in this State unless it has been registered by the commissioner, in the manner provided in this section.
b. On or before October 1 in 1974 and each year thereafter, every operator of a passenger tramway shall apply to the commissioner, on forms supplied by him, for registration of the passenger tramway or tramways which such operator owns or manages or the operation of which he directs. The application shall contain such information as the commissioner may reasonably require in order for him to determine whether the passenger tramways sought to be registered comply with the intent of this act and the rules, regulations and codes adopted pursuant to this act.
c. The commissioner shall issue to the applying operator without delay registration certificates for each passenger tramway for which such registration is sought when he is satisfied.
(1) that the facts in the application are sufficient to enable him to fulfill his duties under this act; and
(2) that each such passenger tramway sought to be registered complies with the rules and regulations adopted pursuant to this act.
d. In order to satisfy himself that the conditions described in paragraphs (1) and (2) of subsection c. of this section have been fulfilled, the commissioner may cause to be made such inspections described in section 7 of this act as he may reasonably deem necessary.
e. When an operator installs a passenger tramway subsequent to October 1 of any year, such operator shall file a supplemental application for registration of such passenger tramway. Upon receipt of such supplemental application the commissioner shall proceed immediately to initiate proceedings leading to the registration or rejection of registration of such passenger tramway pursuant to the provisions of this act.
f. Each registration shall expire on September 30 next following the day of issue.
g. Each operator shall cause the registration certificate for each passenger tramway thus registered to be displayed prominently at the place where passengers are loaded thereon.
History:
L.1975, c.226, s.5, eff. 10/15/1975.
34:4A-5 Passenger tramway; registration; application; issuance; inspections; supplemental application; expiration; display (New Jersey Statutes (2023 Edition))
34:4A-6. Construction of new or alteration of passenger tramway; submission of plans and specifications
Before constructing a new or altering an existing passenger tramway the operator or prospective operator shall submit plans and specifications to the commissioner. The commissioner may make recommendations relative to the safety of the layout and equipment, but such recommendations shall not relieve the operator or prospective operator of his primary responsibility as set forth in section 2 of this act.
History:
L.1975, c.226, s.6, eff. 10/15/1975.
34:4A-6 Construction of new or alteration of passenger tramway; submission of plans and specifications (New Jersey Statutes (2023 Edition))
34:4A-7. Inspection by commissioner or certification of compliance by qualified inspector
The commissioner may cause to be made such inspection of the construction, operation and maintenance of passenger tramways as he may reasonably require for the purpose of assuring compliance with the codes, rules and regulations adopted pursuant to this act. Certification of compliance by a qualified inspector who has been approved by the commissioner may be accepted instead of other inspection. In any legal proceedings, a certificate of compliance issued pursuant to this section shall be competent evidence only for the purpose of establishing the fact of issuance of said certificate, and for no other purpose.
History:
L.1975, c.226, s.7, eff. 10/15/1975.
34:4A-7 Inspection by commissioner or certification of compliance by qualified inspector (New Jersey Statutes (2023 Edition))
34:4A-8. Violation of rules, regulations or code; report; complaint by any person; forwarding to operator; investigation; order; service; emergency order to stop operation
a. If as a result of an inspection it is found that there exists any violation of the rules, regulations or codes, adopted under this act, or that there exists a condition in passenger tramway construction, operation or maintenance endangering the safety of the public, an immediate report shall be made to the commissioner for appropriate investigation and order.
b. Any person may make written complaint to the commissioner setting forth any thing or act claimed to be done or omitted to be done by any registered operator which is alleged to be in violation of any rule, regulation or code adopted under this act, or setting forth any condition in passenger tramway construction, operation or maintenance which is alleged to endanger the safety of the public. Thereupon the commissioner shall cause a copy of said complaint to be forwarded to the registered operator complained of, which may be accompanied by an order requiring that the matters complained of be answered in writing within a time to be specified by the commissioner. The commissioner may investigate the matter complained of if it shall appear that there are reasonable grounds therefor.
c. If after investigation the commissioner finds that such a violation of rules, regulations or codes exists, or that there is a condition in passenger tramway construction, operation or maintenance endangering the safety of the public, he shall forthwith issue a written order setting forth his findings, the corrective action to be taken, and fixing a reasonable time for compliance therewith. Such order shall be served upon the operator involved by registered mail, and shall become final, unless the operator shall apply to the commissioner for a hearing in the manner provided in this section.
d. When facts are presented to the commissioner tending to show that an unreasonable hazard exists in the continued operation of a tramway, he may, after such verification of the facts as is practical under the circumstances and consistent with the public safety, issue an emergency order requiring the operator of said tramway forthwith to cease using the same for the transportation of passengers. Such emergency order shall be in writing and notice thereof may be served by any person upon the operator or his agent immediately in control of said tramway by a true and attested copy of such order, the return of such service to be shown by an affidavit on the back thereof. Such emergency order shall be effective for a period not to exceed 48 hours from the time of service. Immediately after the issuance of an emergency order hereunder, the commissioner shall conduct an investigation into the facts of the case as contemplated in subsection c. of this section and shall take such action under subsection c. as may be appropriate.
History:
L.1975, c.226, s.8, eff. 10/15/1975.
34:4A-8 Violation of rules, regulations or code; report; complaint by any person; forwarding to operator; investigation; order; service; emergency order to stop operation (New Jersey Statutes (2023 Edition))
34:4A-9. Operator aggrieved by order; application for review; hearing; decision; appeal
a. Any operator who is aggrieved by an order issued pursuant to subsection c. of section 8 of this act may, within 10 days after the service of such order, apply to the commissioner for a review of such order. It shall be the duty of the commissioner to provide such hearing at the earliest convenient day. At such hearing the operator shall have the right to be heard personally or by counsel, to cross-examine witnesses appearing against him and to produce evidence in his own behalf. After such hearing the commissioner shall report his findings in writing and make such order as the facts may require. Such hearing and decision shall conform to the applicable provisions of the “Administrative Procedure Act” (P.L. 1968, c. 410; C. 52:14B-1 et seq.).
b. Any operator aggrieved by a decision of the commissioner after such hearing may, within 45 days after the effective date thereof, appeal therefrom to the Superior Court. No such appeal shall suspend the operation of an order made by the commissioner; but the court may suspend such order pending determination of the appeal whenever in the opinion of the court justice may require such suspension. The Superior Court shall hear the appeal at the earliest convenient day and shall make such decree as justice may require.
History:
L.1975, c.226, s.9, eff. 10/15/1975.
34:4A-9 Operator aggrieved by order; application for review; hearing; decision; appeal (New Jersey Statutes (2023 Edition))
34:4A-10. Illegal operation; penalty
Any operator who operates a passenger tramway which has not been registered by the commissioner as provided in this act, or after its registration has been suspended or its operation forbidden by a lawful order of the commissioner under this act, is a disorderly person and shall be subject to a fine of not more than $50.00 or imprisonment for not more than 10 days, or both; and each day during which such illegal operation of a passenger tramway continues shall constitute a separate offense.
History:
L.1975, c.226, s.10, eff. 10/15/1975.
34:4A-10 Illegal operation; penalty (New Jersey Statutes (2023 Edition))
34:4A-11. Failure of operator to comply with order; order for cessation of operation
If any operator fails to comply with a lawful order issued by the commissioner pursuant to the provisions of this act, the commissioner may order the operator to cease operations for such time as the commissioner considers necessary for the protection of the safety of the public.
History:
L.1975, c.226, s.11, eff. 10/15/1975.
34:4A-11 Failure of operator to comply with order; order for cessation of operation (New Jersey Statutes (2023 Edition))
34:4A-12. Injunctions to compel compliance
The commissioner shall have the power to bring injunctive proceedings in any court of competent jurisdiction to compel compliance with any lawful order made by him pursuant to the provisions of this act.
History:
L.1975, c.226, s.12, eff. 10/15/1975.” 34:4A-12 Injunctions to compel compliance (New Jersey Statutes (2023 Edition))
34:4A-13. Discharge or discrimination against employee due to actions to help enforce this act; penalties
Any operator who discharges or in any other manner discriminates against any employee because such employee has made any complaint to the commissioner regarding a violation of this act or any rule or regulation promulgated hereunder, or because such employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this act or any rule or regulation promulgated hereunder, or because such employee has testified or is about to testify in any such proceeding, shall be guilty of a misdemeanor and shall, upon conviction therefor, be fined not less than $50.00 nor more than $200.00. Such operator shall be required, as a condition of such judgment of conviction, to offer reinstatement in employment to any such discharged employee and to correct any such discriminatory action, and also to pay to any such employee, in full, all wages lost as a result of such discharge or discriminatory action.
History:
L.1975, c.226, s.13, eff. 10/15/1975.
34:4A-13 Discharge or discrimination against employee due to actions to help enforce this act; penalties (New Jersey Statutes (2023 Edition))
34:4A-14. Violations; penalty
In addition to any other sanctions herein or otherwise provided by law, the commissioner, upon notice and hearing, may impose a penalty not exceeding $500.00 for any violation of this act or of any rule or regulation promulgated hereunder. Unsatisfied penalties shall be recovered by and in the name of the commissioner in a civil action by a summary proceeding under the Penalty Enforcement Law (N.J.S. 2A:58-1). Where any violation of this act or of any rule or regulation promulgated hereunder is of a continuing nature, each day during which such violation continues after the date fixed by the commissioner in any order or notice for the correction or termination of such violation, shall constitute an additional, separate, and distinct offense.
History:
L.1975, c.226, s.14, eff. 10/15/1975.
34:4A-14 Violations; penalty (New Jersey Statutes (2023 Edition))
34:4A-15. Fees
The commissioner shall charge operators a reasonable fee for conducting inspections, processing applications, and meeting all other responsibilities under this act.
History:
L.1975, c.226, s.15, eff. 10/15/1975.” 34:4A-15 Fees (New Jersey Statutes (2023 Edition))
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Recreation Law 