P.R. Laws tit. 3, § 444i

2019-02-20 00:00:00+00
§ 444i. Sports and Recreation Safety Commission

(1) The Sports and Recreation Safety Commission, hereinafter the “Safety Commission”, is hereby established, attached to the Office of the Secretary, with the purpose of attending to the recreational and high risk sports activities, which shall be headed by a Commissioner designated by the Secretary and shall have the following duties and responsibilities:

(a) To make suggestions concerning the contracting of counseling and expert services, as it deems fit;

(b) to recommend to the Secretary the appointment of the associated commissioners that it considers necessary to add to the Safety Commission to supervise the different recreational and sports high risk activities. The appointment may be temporary or permanent, according to the specific characteristics of the activity in question;

(c) to determine the different categories of high risk recreation and sports, according to the nature of the activity and of the participants in the same;

(d) to propose the rules for issuing licenses and the operation of recreational or high risk sports activities;

(e) to try to achieve that the organization that officially represents each recreational or high risk sports activity in the country, adopts regulations determining the specific aspects for the practice of each one, and

(f) to determine the fees that shall be charged for issuing licenses to operate recreational or high risk sports activities, distinguishing between private or public organizations, profit and nonprofit organizations, and professional or amateur sports or recreational activities.

(2) It is further provided that:

(a) The Safety Commission shall establish a close relationship with leading and promoting organizations of high risk recreational or sports activities in the Country, allowing it to supervise said activities and to enforce compliance with the law without intervening in the technical aspects of the modality.

(b) Organizations that operate, promote, produce or carry out recreational or high risk sports activities, as defined in this chapter, must be licensed by the Safety Commission, including activities in gyms, shooting ranges, summer camps, martial arts schools, motor vehicle race tracks, circuses, fairs, street parties, combat sports events and any other determined by the Commissioner.

(c) The holding or presentation of sport combat events, tournaments of events where weapons, artifacts or any article or instrument to inflict bodily damage to the opponent or that tend to increase the inherent risk of combat sports and may cause serious injurious, bodily harm or even death, shall be prohibited.

(d) Managers of public or private facilities shall request an authorization from any person, promoter, agent or representative interested in using or renting his/her facilities for holding any of the events described above.

(e) Without prejudice to any other legal recourse that could be presented, the Secretary may, in agreement with the legal provisions applicable to the case, file for an injunction in the name of the Commonwealth of Puerto Rico, against any natural or juridical person, to restrict or to prevent the holding or presentation of any show or event of the nature described in this section that does not have the Department’s authorization.

History —Jan. 8, 2004, No. 8, § 12, eff. 120 days after Jan. 8, 2004.