Section 9-19-1
Section 9-19-1
Definitions.
The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(1) CAVE. Any natural subterranean cavity that is at least 50 feet in length or depth, or any combination of length and depth or that contains obligatory cavernicolous fauna (animals obliged to live underground). The word 'cave' includes but is not limited to cavern, pit, pothole, well (natural), sinkhole, and/or grotto.
(2) SPELEOTHEM. A natural secondary mineral deposit or formation in a cave. This includes but is not limited to deposits called stalactites, stalagmites, helictites, anthodites, gypsum flowers, needles, or angels hair, soda straws, draperies, bacon, cave pearls, popcorn, rimstone dams, columns, pallettes and flowstone. Speleothems are commonly composed of calcite, aragonite, epsomite, gypsum, celestite, and other similar minerals.
(3) COMMERCIAL CAVE. Any cave or portion of a cave that is improved with trails and lighting utilized by the owner or lessee for the purpose of exhibition to the public as a profit or nonprofit enterprise.
(4) WILD CAVE. Any cave or portion of a cave that is not a commercial cave.
(Acts 1988, No. 88-582, p. 909, §1.)Section 9-19-2
Section 9-19-2
Liability for injury while engaged in cave related activity; liability for equipment failure.
(a) While engaged in cave related activities, no person or organization, or formal or informal group of persons in the company of other persons whether he or they be leading, accompanying, or in the area with the other person, shall be held liable for injuries or the results of actions by said other person, unless said other person acted as a result of an act or order issued by the first person intended to inflict injury.
(b) Each person in a group engaged in cave related activities is individually responsible for evaluating the safety of group equipment which that person intends to use, such as ropes, rigging, anchor devices, climbing gear and similar equipment. The club, organization, group, leader, organizer, or person owning or emplacing such gear or equipment shall not be held liable for failure of any such equipment or gear or its emplacement, except, if the rigging or equipment is altered after the person injured has had an opportunity to inspect it.
(Acts 1988, No. 88-582, p. 909, §2.)Section 9-19-3
Section 9-19-3
Penalty for damage, litter, etc.
It shall be unlawful and constitute a misdemeanor for any person, organization, firm or corporation, including an officer, agent or employee of any town or municipality to:
(1) Maliciously break, break off, crack, carve upon, write, burn, damage, or otherwise mar or mark on, remove, or in any other manner destroy, disturb, deface, mar or harm the walls or any speleothem in any cave, except for recognized scientific purposes.
(2) Discard litter or refuse to any degree in any cave.
(3) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door, or other structure or obstruction designed to control or prevent access to any cave, unless such act is specifically ordered by the owner.
(4) Offer for sale any speleothem or export from the State of Alabama speleothems for sale elsewhere.
(5) Remove, kill, harm or disturb any plant or animal life found within any wild cave, except for recognized scientific purposes.
(6) The provisions of subdivisions (1) through (6) of this section shall not apply to a recognized rescue unit operating in response to an emergency or believed emergency.
(Acts 1988, No. 88-582, p. 909, §3.)Section 9-19-4
Section 9-19-4
Penalty for risk of pollution of underground water resources.
It shall be unlawful and constitute a misdemeanor for any person, organization, firm, corporation, including any officer, employee or agent of any town or municipality to risk the pollution of the underground water resources of the state by storing, dumping, disposing, or otherwise placing in caves, sinkholes or natural wells: chemicals, refuse, dead animals, garbage or other materials which are potentially injurious or hazardous to the quality of the aquifer, water and/or water table.
(Acts 1988, No. 88-582, p. 909, §4.)Section 9-19-5
Section 9-19-5
Penalties for violations of chapter.
Violations of the misdemeanor provisions of this chapter shall incur the following penalties:
(1) First offense: A Class C misdemeanor.
(2) Second offense: A Class B misdemeanor.
(3) Subsequent offenses: A Class A misdemeanor.
(Acts 1988, No. 88-582, p. 909, §5.)
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