A person may not knowingly make a false representation or false statement in an application, plan, record, report, or other document that the person submits or is required to keep under this title. A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both.

If an amusement owner willfully violates this title or an order passed or regulation adopted under this title and a member of the public dies as a result of the violation, the amusement owner is guilty of a misdemeanor and, on conviction, is subject to: for a first offense, a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both; or for a subsequent offense, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

In this section the following words have the meanings indicated. “Bungee jump” means jumping or falling by an individual from a height while attached to a rope or cord that is elastic, rubber, or latex. “Bungee jumping operation” means an operation that allows an individual to bungee jump for a fee or dues. A person may not conduct a bungee jumping operation. A person who violates subsection (b) of this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both.

The Commissioner shall impose a civil penalty for a violation of this title only: in accordance with this section; and after issuing a citation under § 3-406 of this title for the violation. The Commissioner may impose a civil penalty, not exceeding $500 for each violation, against an amusement owner who: violates this title or an order passed or regulation adopted under this title, if the Commissioner finds that the violation is not serious; or violates a requirement for posting imposed under this title. The Commissioner may impose a civil penalty, not exceeding $500 for each day a violation continues, against an amusement owner who fails to correct the violation in the time set for its correction. The Commissioner may impose a civil penalty, not exceeding $1,000 for each violation, against an amusement owner who violates this title or an order passed or regulation adopted under this title if a substantial probability of death or serious physical injury exists because of the violation, unless the amusement owner did not know and with reasonable diligence could not have known of the violation. The Commissioner may impose a civil penalty, not exceeding $2,000 for each violation, against a person who: operates an amusement attraction without a certificate of inspection from the Commissioner; or willfully or repeatedly violates this title or an order passed or regulation adopted under this title. Before the Commissioner imposes a civil penalty, the Commissioner shall consider the appropriateness of the penalty in relation to: the size of the business of the amusement owner against whom the penalty is to be imposed; the gravity of the violation for which the penalty is to be imposed; the good faith of the amusement owner; and any previous violations by the amusement owner. Each civil penalty shall be paid into the General Fund of the State.