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Douglas County, Nevada, Skier Responsibility Code

Douglas County, Nevada Criminal Code 9.08 Skier Responsibility Code

Title 9 Criminal Code

9.08 Skier Responsibility Code

9.08.010 Definitions

9.08.020 Assumption of risks

9.08.030 Skier duties

9.08.040 Operator’s notice to skiers of duty

9.08.050 Skiers in competition

9.08.055 Prohibition against intoxication and use of controlled substances; penalty

9.08.060 Penalties for violations

9.08.010 Definitions

A.     “The inherent risks of skiing”: Those dangers or conditions which are an integral part of the sport of skiing, snowboarding, snowshoeing, sledding, or any other winter sporting activities including, but not limited to, changing weather conditions, variation or steepness of terrain, snow or ice conditions, surface or subsurface conditions, whether man-modified or not, bare spots, creeks, gullies, rocks, forest growth or stumps, lift towers and other structures and their components, collision with other skiers and a skier’s failure to ski within the skier’s own ability.

B.     “Injury”: Any personal injury or property damage or loss suffered by a skier, ski area operator or ski area.

C.     “Skier”: Any person who is within the boundaries of a ski area for the purpose of engaging in the sport of skiing, alpine or Nordic, snowboarding, snowshoeing, sledding, or any other winter sporting activities where a person travels the slopes of a ski area with the aid of a device, or any person who is within the boundaries of the ski area for the purpose of observing any skiing activity.

D.     “Ski area”: Any area designated and maintained by a ski area operator for the purpose of skiing, or for the observance of any skiing activity.

E.     “Ski-area operator”: Any corporation, person, or their agent, officer, employee or representative, who operates a ski area within Douglas County. (Ord. 1102, 2005; Ord. 693, 1995; Ord. 410, 1983)

9.08.020 Assumption of risks

A.     Any skier, or person who engages in the sport of skiing, snowboarding, snowshoeing, sledding, or any other winter sporting activities, or any person who is within the boundaries of a ski area for the purpose of observing any skiing activity, accepts and assumes the inherent risks of activity as they are reasonably obvious, expected or necessary.

B.     Any skier or person who skis or snowboards in any area designated closed for skiing within the ski area assumes the inherent risks of the activity.

C.     Any person who skis or snowboards outside of a ski area boundary assumes the inherent risks of the activity, and is responsible for all costs arising out of search and rescue efforts made on their behalf. (Ord. 1102, 2005; Ord. 410, 1983)

9.08.030 Skier duties

A.     Skiers have the following duties:

1.     Skiers are the sole judges of the limits of their skills and their abilities to meet and overcome the inherent risks of skiing, and must maintain control of their speed and course to avoid injury to persons or property.

2.     Skiers must familiarize themselves with the posted information supplied by the ski-area operator on location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on any slope or trail.

3.     Skiers must not cross the uphill track of any surface lift except at points clearly designated by the ski area operator.

4.     Skiers must not overtake any other skier except in a manner to avoid contact with the overtaken skier, and must grant the right-of-way to the overtaken skier.

5.     Skiers must yield to other skiers when entering a trail or starting downhill.

6.     Skiers must use retention straps or other devices to prevent runaway skis or snowboards.

7.     Skiers must not board rope tows, wire rope tows, J-bars, T-bars, ski lifts or other similar devices unless they have sufficient ability to use the devices, and skiers must follow any written or verbal instructions that are given by the ski-area operator or representative regarding the use of the devices delineated in this section.

8.     Skiers, when involved in a skiing collision with another skier which results in bodily injury to the other skier, must not depart from the ski area without first leaving their names and addresses with the ski patrol or ski-area operator of the ski area where the injury occurred, or its designated agent. Any skier that violates this subsection is guilty of a misdemeanor.

9.     A skier who is bodily injured, if reasonably possible, must give notice of the injury to the ski-area operator before leaving the ski area.

10.    Skiers must not embark or disembark from a ski lift except at designated areas, or by the authority of the ski-lift operator.

11.    A skier, having used a ski lift or surface lift of a ski area, must no ski under a manmade barrier that is designed to prohibit a skier from entering a closed portion of the ski area or from leaving any part of the ski area. For the purpose of this section, a barrier may be designated by roping off an area. Any skier that violates this subsection is guilty of a misdemeanor.

B.     Any violation of the duties delineated in this section creates a presumption that the person violating the duty intended all the foreseeable consequences of the violation.

C.     A ski area operator may revoke the license or privilege of a person to ski or snowboard in a ski area who violates any of the provisions of this chapter. (Ord. 1102, 2005; Ord. 410, 1983)

9.08.040 Operator’s notice to skiers of duty

Ski-area operators must give notice to skiers of their duties as listed in section 9.18.030 in a manner reasonably calculated to inform skiers of those duties. (Ord. 1102, 2005; Ord. 410, 1983)

9.08.050 Skiers in competition

The ski area operator must, prior to the beginning of any skiing or snowboarding competition, allow each competitor a reasonable visual inspection of the course or area within which the competition is to be held. (Ord. 1102, 2005; Ord. 410, 1983)

9.08.055 Prohibition against intoxication and use of controlled substances; penalty

A.     A skier must not ski, snowboard, or embark on a ski lift while intoxicated from alcohol or under the influence of a controlled substance as defined in chapter 453 of NRS, unless in accordance with a prescription issued to the person by a physician, podiatric physician or dentist.

B.     A person who violates a provision of this section is guilty of a misdemeanor. (Ord. 1102, 2005; Ord. 693, 1995)

9.08.060 Penalties for violations

A.     Misdemeanor. Any person convicted of violating the provisions of subsections 9.08.030(A) (8), 9.08.030(A) (11) is guilty of a misdemeanor.

B.     Infraction. Any person convicted of violating the provisions of sections 9.08.030(A) (3), 9.08.030(A) (4), 9.08.030(A) (5), 9.08.030(A) (7), 9.08.030(A) (9) or 9.08.030(A) (10), is guilty of an infraction. (Ord. 1102, 2005; Ord. 693, 1995; Ord. 645, 1994; Ord. 410 §1, 1983)

 

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