This chapter may be cited as the Skier
and Snowboarder Safety Act.
(Added to NRS by 1987, 2089; A 2005, 502 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 455A.023
to 455A.090 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1987, 2089; A 2005, 502 )
“Chair lift” means a device,
except for an elevator, that carries, pulls or pushes a person along a
level or inclined path to, from or within a snow recreation area by means
of a rope, cable or other flexible element that is driven by an
essentially stationary source of power.
(Added to NRS by 1987, 2089; A 2005, 502 )—(Substituted in revision for NRS 455A.050)
“Operator” means a person, or a
governmental agency or political subdivision of this State, who controls
or operates an area where persons engage in skiing or snowboarding.
(Added to NRS by 1987, 2089; A 2005, 503 )—(Substituted in revision for NRS 455A.080)
“Passenger” means a person who
utilizes a chair lift for transportation.
(Added to NRS by 1987, 2089; A 2005, 502 )
“Patrol” means agents or employees
of an operator who patrol the snow recreation area.
(Added to NRS by 1987, 2089; A 2005, 502 )—(Substituted in revision for NRS 455A.060)
[Replaced in revision by NRS
455A.083 .]
[Replaced in revision by NRS
455A.023 .]
[Replaced in revision by NRS
455A.035 .]
“Skier” means a person who engages
in skiing in a snow recreation area.
(Added to NRS by 1987, 2089; A 2005, 502 )
“Skiing” means the act of using
skis to move across snow-covered ground.
(Added to NRS by 2005, 502 )
[Replaced in revision by
NRS 455A.027 .]
“Snow recreation
area” means the slopes, trails, runs and other areas under the control of
an operator that are intended to be used for skiing, snowboarding or for
the observation of the sports.
(Added to NRS by 1987, 2089; A 2005, 502 )—(Substituted in revision for NRS 455A.040)
“Snowboarder” means a person
who engages in snowboarding in a snow recreation area.
(Added to NRS by 2005, 502 )
“Snowboarding” means the act
of using a snowboard to move across snow-covered ground.
(Added to NRS by 2005, 502 )
“Surface lift” means a chair
lift designed for skiers or snowboarders to remain in contact with the
ground or snowy surface during transportation.
(Added to NRS by 1987, 2089; A 2005, 503 )
A skier or snowboarder
shall not:
1. Embark upon a chair lift:
(a) When he knows that he has insufficient knowledge or physical
ability to use the chair lift safely; or
(b) That is posted as closed or not in operation;
2. Purposefully embark upon or disembark from a chair lift except
at an area designated for such a purpose or at the direction and under
the direct supervision of an authorized agent or employee of an operator;
3. Toss, throw or cast or intentionally drop, expel or eject an
object from a chair lift;
4. Toss, throw or cast an object in the direction of a chair lift;
5. Fail or refuse to comply with:
(a) Reasonable instructions given to him by an authorized agent or
employee of an operator regarding the use of a chair lift; or
(b) A sign posted pursuant to NRS 455A.130 or 455A.140 ;
6. Place any object in the uphill path of a surface lift;
7. Conduct himself in a manner that interferes with the safe
operation of a chair lift or with the safety of a passenger, skier or
snowboarder; or
8. Engage in skiing or snowboarding in an area within the snow
recreation area which is posted, as provided in NRS 207.200 , as closed.
(Added to NRS by 1987, 2089; A 2005, 503 )
A skier or
snowboarder shall, to the extent that the matter is within his control:
1. Locate and ascertain the meaning of signs in his vicinity
posted pursuant to NRS 455A.130 and
455A.140 ;
2. Heed warnings and other information posted by an operator;
3. Remain a safe distance from vehicles, signs and equipment for
grooming snow or for transportation;
4. Avoid skiers or snowboarders in motion when entering a slope,
run or trail, and when commencing to engage in skiing or snowboarding
from a stationary position;
5. Maintain a proper lookout and control of his speed to avoid
downhill objects, skiers and snowboarders to the best of his ability; and
6. Conduct himself in such a manner as to avoid injury to persons
and property in a snow recreation area.
(Added to NRS by 1987, 2090; A 2005, 503 )
A skier or snowboarder shall not:
1. Use a ski or snowboard unless it is attached to the skier or
snowboarder by a strap or equipped with a device capable of stopping the
movement of the ski or snowboard when not attached to the skier or
snowboarder;
2. Cross the uphill path of a surface lift except at locations
designated by an operator; or
3. Willfully stop where he obstructs a slope, run or trail, or
where he is not safely visible to uphill skiers or snowboarders.
(Added to NRS by 1987, 2090; A 2005, 503 )
1. An operator shall prominently post and maintain signs in simple
and concise language:
(a) By each chair lift, with information for the protection and
instruction of passengers; and
(b) At or near the points where passengers are loaded on a chair
lift, directing persons who are not familiar with the operation of the
chair lift to ask an authorized agent or employee of the operator for
assistance and instruction.
2. An operator shall prominently post and maintain signs with the
following inscriptions at all chair lifts in the locations indicated:
(a) “Remove pole straps from wrists” at an area for loading skiers;
(b) “Safety gate” where applicable;
(c) “Stay on tracks” where applicable;
(d) “Keep ski tips or snowboard up” ahead of any point where a ski
or snowboard can regain contact with the ground or snowy surface after a
passenger departs from an area for loading skiers or snowboarders;
(e) “Prepare to unload” and “check for loose clothing and
equipment” not less than 50 feet from an area for unloading skiers or
snowboarders; and
(f) “Unload here” at an area for unloading skiers or snowboarders.
3. An operator shall inspect a snow recreation area for the
presence and visibility of the signs required to be posted by this
section each day before opening the snow recreation area for business.
(Added to NRS by 1987, 2090; A 2005, 504 )
1. An operator shall post and maintain a system of signs:
(a) At the entrances to an established slope, run or trail to
indicate:
(1) Whether any portion of the slope, run or trail is
closed; and
(2) The relative degree of difficulty of the slope, run or
trail;
(b) To indicate the boundary of the snow recreation area, except in
heavily wooded areas or other terrain that cannot be skied or snowboarded
readily; and
(c) To warn of each area within the boundary of the snow recreation
area where there is a danger of avalanche by posting signs stating
“Warning: Avalanche Danger Area.”
2. An operator shall equip vehicles it uses on or in the vicinity
of a slope, run or trail with a light visible to skiers or snowboarders
when the vehicle is in motion.
(Added to NRS by 1987, 2091; A 2005, 504 )
A sign required to
be posted pursuant to NRS 455A.130
and 455A.140 must be adequately
illuminated at night, if the snow recreation area is open to the public
at night, and be readable and recognizable under ordinary conditions of
visibility.
(Added to NRS by 1987, 2091; A 2005, 504 )
1. A skier or snowboarder who sustains a personal injury shall
notify the operator or a member of the patrol of the injury as soon as
reasonably possible after discovery of the injury.
2. An operator is not liable for the death or injury of a person
or damages to property caused or sustained by a skier or snowboarder who
knowingly enters an area which is not designated for skiing or
snowboarding or which is outside the boundary of a snow recreation area.
3. An operator shall take reasonable steps to minimize dangers and
conditions within his control.
(Added to NRS by 1987, 2091; A 2005, 505 )
1. A skier or snowboarder shall not engage in skiing or
snowboarding, or embark on a chair lift that is proceeding predominantly
uphill, while intoxicated or under the influence of a controlled
substance as defined in chapter 453 of NRS
unless in accordance with a lawfully issued prescription.
2. A skier or snowboarder who is involved in a collision in which
another person is injured shall provide his name and current address to
the injured person, the operator or a member of the patrol:
(a) Before he leaves the vicinity of the collision; or
(b) As soon as reasonably possible after leaving the vicinity of
the collision to secure aid for the injured person.
3. A person who violates a provision of this section is guilty of
a misdemeanor.
(Added to NRS by 1987, 2091; A 1993, 2236; 1995, 1723; 2005, 505
)
An operator may revoke the license or privilege
of a person to engage in skiing or snowboarding in a snow recreation area
if the person violates any provision of NRS 455A.100 , 455A.110 , 455A.120 or 455A.170 .
(Added to NRS by 1987, 2092; A 2005, 505 )
This chapter does
not prohibit a county, city or unincorporated town from enacting an
ordinance, not in conflict with the provisions of this chapter,
regulating skiers, snowboarders or operators.
(Added to NRS by 1987, 2092; A 2005, 505 )
|
