Nevada Skier Safety Act
Posted: July 22, 2013 Filed under: Nevada, Ski Area, Skiing / Snow Boarding | Tags: Law, Nevada, Nevada Skier Safety Act, Recreation and Sports, Ski, ski area, Ski Area Safety Act, Ski Resort, Skier, Snow, Snowboard, Snowboarder Leave a commentNevada Skier Safety Act
1.1 NEVADA REVISED STATUTES ANNOTATED
TITLE 40. Public Health And Safety.
CHAPTER 455A. Safety of Participants in Outdoor Sports.
Skiers and Snowboarders
GO TO NEVADA STATUTES ARCHIVE DIRECTORY
Nev. Rev. Stat. Ann. § 455A.023 (2012)
Table of Contents
455A.023. “Chair lift” defined. 3
455A.027. “Operator” defined. 3
455A.030. “Passenger” defined. 3
455A.083. “Snow recreation area” defined. 4
455A.085. “Snowboarder” defined. 5
455A.087. “Snowboarding” defined. 5
455A.090. “Surface lift” defined. 5
455A.110. Duties of skiers and snowboarders. 6
455A.130. Signs at chair lifts: Requirements; inspection. 7
455A.150. Illumination of signs at night. 8
455A.180. Revocation of license or privilege to engage in skiing or snowboarding. 10
455A.190. County, city or unincorporated town may enact ordinance not in conflict with chapter. 10
455A.010. Short title.
NRS 455A.010 to 455A.190, inclusive, may be cited as the Skier and Snowboarder Safety Act.
455A.020. Definitions.
As used in NRS 455A.010 to 455A.190, inclusive, 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.
455A.023. “Chair lift” defined.
“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.
455A.027. “Operator” defined.
“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.
455A.030. “Passenger” defined.
“Passenger” means a person who utilizes a chair lift for transportation.
455A.035. “Patrol” defined.
“Patrol” means agents or employees of an operator who patrol the snow recreation area.
455A.040. Transferred.
NOTES: Editor’s note. This section is now compiled as 455A.083.
455A.050. Transferred.
NOTES: Editor’s note. This section is now compiled as 455A.023.
455A.060. Transferred.
NOTES: Editor’s note. This section is now compiled as 455A.035.
455A.070. “Skier” defined.
“Skier” means a person who engages in skiing in a snow recreation area.
455A.075. “Skiing” defined.
“Skiing” means the act of using skis to move across snow-covered ground.
455A.080. Transferred.
NOTES: Editor’s note. This section is now compiled as 455A.027.
455A.083. “Snow recreation area” defined.
“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.
455A.085. “Snowboarder” defined.
“Snowboarder” means a person who engages in snowboarding in a snow recreation area.
455A.087. “Snowboarding” defined.
“Snowboarding” means the act of using a snowboard to move across snow-covered ground.
455A.090. “Surface lift” defined.
“Surface lift” means a chair lift designed for skiers or snowboarders to remain in contact with the ground or snowy surface during transportation.
455A.100. Prohibited acts while on chair lift; skiing or snowboarding in area posted as closed prohibited.
A skier or snowboarder shall not:
1. Embark upon a chair lift:
(a) When the skier or snowboarder knows that he or she 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 the skier or snowboarder 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 or herself 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.
455A.110. Duties of skiers and snowboarders.
A skier or snowboarder shall, to the extent that the matter is within his or her control:
1. Locate and ascertain the meaning of signs in the vicinity of the skier or snowboarder 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 or her speed to avoid downhill objects, skiers and snowboarders to the best of his or her ability; and
6. Conduct himself or herself in such a manner as to avoid injury to persons and property in a snow recreation area.
455A.120. Prohibited acts.
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 the skier or snowboarder obstructs a slope, run or trail, or where he or she is not safely visible to uphill skiers or snowboarders.
455A.130. Signs at chair lifts: Requirements; inspection.
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.
455A.140. Slopes, runs and trails: System of signs required; vehicles used by operator to be equipped with light.
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.
455A.150. Illumination of signs at night.
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.
455A.160. Skiers and snowboarders to notify operator or patrol of injury; limitation on liability of operator; duty of operator to minimize dangers.
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 the operator’s control.
455A.170. Prohibition against intoxication and use of controlled substances; duty to provide name and address to person injured in collision; penalty.
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 or her name and current address to the injured person, the operator or a member of the patrol:
(a) Before the skier or snowboarder 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.
455A.180. Revocation of license or privilege to engage in skiing or snowboarding.
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.
455A.190. County, city or unincorporated town may enact ordinance not in conflict with chapter.
The provisions of NRS 455A.010 to 455A.190, inclusive, do not prohibit a county, city or unincorporated town from enacting an ordinance, not in conflict with the provisions of NRS 455A.010 to 455A.190, inclusive, regulating skiers, snowboarders or operators.
Recreation Law 