[Rev. 11/21/2013 11:51:48 AM--2013]

CHAPTER 455A - SAFETY OF PARTICIPANTS IN OUTDOOR SPORTS

SKIERS AND SNOWBOARDERS

NRS 455A.010        Short title.

NRS 455A.020        Definitions.

NRS 455A.023        “Chair lift” defined.

NRS 455A.027        “Operator” defined.

NRS 455A.030        “Passenger” defined.

NRS 455A.035        “Patrol” defined.

NRS 455A.070        “Skier” defined.

NRS 455A.075        “Skiing” defined.

NRS 455A.083        “Snow recreation area” defined.

NRS 455A.085        “Snowboarder” defined.

NRS 455A.087        “Snowboarding” defined.

NRS 455A.090        “Surface lift” defined.

NRS 455A.100        Prohibited acts while on chair lift; skiing or snowboarding in area posted as closed prohibited.

NRS 455A.110        Duties of skiers and snowboarders.

NRS 455A.120        Prohibited acts.

NRS 455A.130        Signs at chair lifts: Requirements; inspection.

NRS 455A.140        Slopes, runs and trails: System of signs required; vehicles used by operator to be equipped with light.

NRS 455A.150        Illumination of signs at night.

NRS 455A.160        Skiers and snowboarders to notify operator or patrol of injury; limitation on liability of operator; duty of operator to minimize dangers.

NRS 455A.170        Prohibition against intoxication and use of controlled substances; duty to provide name and address to person injured in collision; penalty.

NRS 455A.180        Revocation of license or privilege to engage in skiing or snowboarding.

NRS 455A.190        County, city or unincorporated town may enact ordinance not in conflict with chapter.

YOUTH SPORTS

NRS 455A.200        Certain organizations to adopt policy concerning prevention and treatment of head injuries which occur during competitive sports; policy to be provided to participant and parent or legal guardian.

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SKIERS AND SNOWBOARDERS

      NRS 455A.010  Short title.  NRS 455A.010 to 455A.190, inclusive, may be cited as the Skier and Snowboarder Safety Act.

      (Added to NRS by 1987, 2089; A 2005, 502; 2011, 787)

      NRS 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.

      (Added to NRS by 1987, 2089; A 2005, 502; 2011, 787)

      NRS 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.

      (Added to NRS by 1987, 2089; A 2005, 502)—(Substituted in revision for NRS 455A.050)

      NRS 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.

      (Added to NRS by 1987, 2089; A 2005, 503)—(Substituted in revision for NRS 455A.080)

      NRS 455A.030  “Passenger” defined.  “Passenger” means a person who utilizes a chair lift for transportation.

      (Added to NRS by 1987, 2089; A 2005, 502)

      NRS 455A.035  “Patrol” defined.  “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)

      NRS 455A.070  “Skier” defined.  “Skier” means a person who engages in skiing in a snow recreation area.

      (Added to NRS by 1987, 2089; A 2005, 502)

      NRS 455A.075  “Skiing” defined.  “Skiing” means the act of using skis to move across snow-covered ground.

      (Added to NRS by 2005, 502)

      NRS 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.

      (Added to NRS by 1987, 2089; A 2005, 502)—(Substituted in revision for NRS 455A.040)

      NRS 455A.085  “Snowboarder” defined.  “Snowboarder” means a person who engages in snowboarding in a snow recreation area.

      (Added to NRS by 2005, 502)

      NRS 455A.087  “Snowboarding” defined.  “Snowboarding” means the act of using a snowboard to move across snow-covered ground.

      (Added to NRS by 2005, 502)

      NRS 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.

      (Added to NRS by 1987, 2089; A 2005, 503)

      NRS 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.

      (Added to NRS by 1987, 2089; A 2005, 503)

      NRS 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.

      (Added to NRS by 1987, 2090; A 2005, 503)

      NRS 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.

      (Added to NRS by 1987, 2090; A 2005, 503)

      NRS 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.

      (Added to NRS by 1987, 2090; A 2005, 504)

      NRS 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.

      (Added to NRS by 1987, 2091; A 2005, 504)

      NRS 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.

      (Added to NRS by 1987, 2091; A 2005, 504)

      NRS 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.

      (Added to NRS by 1987, 2091; A 2005, 505)

      NRS 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.

      (Added to NRS by 1987, 2091; A 1993, 2236; 1995, 1723; 2005, 505)

      NRS 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.

      (Added to NRS by 1987, 2092; A 2005, 505)

      NRS 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.

      (Added to NRS by 1987, 2092; A 2005, 505; 2011, 787)

YOUTH SPORTS

      NRS 455A.200  Certain organizations to adopt policy concerning prevention and treatment of head injuries which occur during competitive sports; policy to be provided to participant and parent or legal guardian.

      1.  Each organization for youth sports that sanctions or sponsors competitive sports for youths in this State shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a youth’s participation in those competitive sports, including, without limitation, a concussion of the brain. To the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association pursuant to NRS 386.435. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a youth’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

      2.  The policy adopted pursuant to subsection 1 must require that if a youth sustains or is suspected of sustaining an injury to the head while participating in competitive sports, the youth:

      (a) Must be immediately removed from the competitive sport; and

      (b) May return to the competitive sport if the parent or legal guardian of the youth provides a signed statement of a provider of health care indicating that the youth is medically cleared for participation in the competitive sport and the date on which the youth may return to the competitive sport.

      3.  Before a youth participates in competitive sports sanctioned or sponsored by an organization for youth sports in this State, the youth and his or her parent or legal guardian:

      (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

      (b) Must sign a statement on a form prescribed by the organization for youth sports acknowledging that the youth and his or her parent or legal guardian have read and understand the terms and conditions of the policy.

      4.  As used in this section:

      (a) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      (b) “Youth” means a person under the age of 18 years.

      (Added to NRS by 2011, 786)