[Rev. 11/21/2013 11:51:56 AM--2013]

CHAPTER 455B - RECREATIONAL PARKS

AMUSEMENT PARKS

NRS 455B.010        Definitions.

NRS 455B.020        Operators: Duty to ensure safety of passengers.

NRS 455B.030        Operators: Posting and maintenance of certain signs.

NRS 455B.040        Passengers: Duties.

NRS 455B.050        Passengers: Prohibited conduct generally.

NRS 455B.060        Passengers: Prohibited manipulation of amusement ride.

NRS 455B.070        Passengers: Persons deemed trespassers; access to controls of amusement ride; assumption of risks.

NRS 455B.080        Use of alcohol or controlled substance by passenger: Prohibition; authority of agent of operator.

NRS 455B.090        Reporting of personal injuries sustained on amusement ride.

NRS 455B.100        Effect of provisions governing amusement parks on local ordinances.

SKATEBOARD PARKS

NRS 455B.200        Definitions.

NRS 455B.210        “Roller skate” defined.

NRS 455B.220        “Scooter” defined.

NRS 455B.230        “Skateboard” defined.

NRS 455B.240        “Skateboard park” defined.

NRS 455B.250        “Skateboard park operator” defined.

NRS 455B.260        Prohibited conduct generally.

NRS 455B.270        Duties of person using skateboard park.

NRS 455B.280        Reporting of personal injury sustained while using skateboard park; liability of skateboard park operator; duty to minimize dangers.

NRS 455B.290        Use of skateboard park while intoxicated or under influence of controlled substance prohibited; information to be reported when collision or accident results in injury to another person; penalty.

NRS 455B.300        Effect of provisions governing skateboard parks on local ordinances.

RECREATION AREAS

NRS 455B.400        Definitions.

NRS 455B.405        “Operator” defined.

NRS 455B.410        “Recreation area” defined.

NRS 455B.415        “Trailhead” defined.

NRS 455B.420        “Water access area” defined.

NRS 455B.430        Prohibited conduct generally.

NRS 455B.440        Duties of person using recreation area.

NRS 455B.450        Persons deemed trespassers; reporting of personal injury sustained while using recreation area; limitation on liability of operator and owner of private property; duty to minimize known dangers; posting of signs that provide certain information.

NRS 455B.460        Entering or using recreation area while intoxicated or under influence of controlled substance prohibited; exception; authority of operator or agent to prohibit entrance or use of recreation area by person under influence of alcohol, prescription drugs or controlled substance.

NRS 455B.470        Information to be reported when collision or accident results in injury to another person; penalty for failure to report such information.

NRS 455B.480        Revocation of license or privilege to use recreation area.

NRS 455B.490        Effect of provisions governing recreation areas on local ordinances and laws and regulations of this State.

_________

AMUSEMENT PARKS

      NRS 455B.010  Definitions.  As used in NRS 455B.010 to 455B.100, inclusive, unless the context otherwise requires:

      1.  “Amusement park” means any permanent facility or park where amusement rides are available for use by the public.

      2.  “Amusement ride” or “ride” means any type of ride, including, without limitation, any mechanical or aquatic device which carries passengers over a fixed or restricted route primarily for the passengers’ amusement. The terms include any ride propelled by its passengers or gravity if it is located in an amusement park.

      3.  “Operator” means a person who owns, leases, manages or operates an amusement park.

      4.  “Passenger” means a person using an amusement ride.

      (Added to NRS by 1993, 1331; A 2001, 2776)

      NRS 455B.020  Operators: Duty to ensure safety of passengers.  An operator shall take all measures reasonably necessary to ensure the safety of the passengers in constructing, maintaining, operating and supervising an amusement ride.

      (Added to NRS by 1993, 1332)

      NRS 455B.030  Operators: Posting and maintenance of certain signs.

      1.  An operator shall prominently post and maintain in at least five conspicuous locations in the amusement park, including each entrance, exit, station for reporting an injury and first-aid station, signs that:

      (a) Indicate the responsibilities of operators and passengers pursuant to the provisions of NRS 455B.010 to 455B.100, inclusive.

      (b) Inform passengers of the location of stations for reporting accidents.

      2.  An operator shall prominently post and maintain signs in simple and concise language at or near points where passengers embark upon an amusement ride, directing persons who are not familiar with the operation of the ride to ask an authorized agent or employee of the operator for assistance and instruction.

      (Added to NRS by 1993, 1332; A 2001, 2776)

      NRS 455B.040  Passengers: Duties.  A passenger shall, to the extent that the matter is within the passenger’s control:

      1.  Locate and ascertain the meaning of signs in the vicinity of the passenger posted pursuant to NRS 455B.030;

      2.  Heed warnings and other information posted by an operator or announced by an authorized agent or employee of an operator; and

      3.  Conduct himself or herself in such a manner as to avoid injury to persons and property in an amusement park.

      (Added to NRS by 1993, 1332)

      NRS 455B.050  Passengers: Prohibited conduct generally.  A passenger shall not:

      1.  Embark upon an amusement ride when the passenger knows that he or she has insufficient knowledge or physical ability to use the ride safely;

      2.  Purposefully embark upon or disembark from an amusement ride, except at the time and 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 an amusement ride;

      4.  Toss, throw or cast an object in the direction of an amusement ride;

      5.  Fail or refuse to comply with instructions given to the passenger by an authorized agent or employee of an operator regarding the use of an amusement ride; or

      6.  Conduct himself or herself in a manner that could interfere with the safe operation of an amusement ride or with the safety of another passenger.

      (Added to NRS by 1993, 1332)

      NRS 455B.060  Passengers: Prohibited manipulation of amusement ride.

      1.  When using an amusement ride that requires a passenger to steer or control the ride in some manner, a passenger shall not steer or control the ride in a manner which intentionally harms another.

      2.  A passenger shall not disable or attempt to disable any safety or restraining device.

      3.  A passenger shall not alter or enhance the intended speed, course or direction of an amusement ride.

      (Added to NRS by 1993, 1332)

      NRS 455B.070  Passengers: Persons deemed trespassers; access to controls of amusement ride; assumption of risks.

      1.  A person who boards an amusement ride without authority or without paying the appropriate consideration shall be deemed to be a trespasser.

      2.  A passenger shall not attempt to gain access to the controls of an amusement ride designed to be operated by an authorized employee or agent of an operator.

      3.  A passenger who has attained the age of 13 years shall be deemed to have knowledge of and assume the inherent risks of an amusement ride to the extent that as those risks are open and obvious to the reasonable person.

      (Added to NRS by 1993, 1333)

      NRS 455B.080  Use of alcohol or controlled substance by passenger: Prohibition; authority of agent of operator.

      1.  A passenger shall not embark on an amusement ride while intoxicated or under the influence of a controlled substance, unless in accordance with:

      (a) A prescription lawfully issued to the person; or

      (b) The provisions of chapter 453A of NRS.

      2.  An authorized agent or employee of an operator may prohibit a passenger from boarding an amusement ride if he or she reasonably believes that the passenger is under the influence of alcohol, prescription drugs or a controlled substance. An agent or employee of an operator is not civilly or criminally liable for prohibiting a passenger from boarding an amusement ride pursuant to this subsection.

      (Added to NRS by 1993, 1332; A 2001, 3070)

      NRS 455B.090  Reporting of personal injuries sustained on amusement ride.

      1.  A passenger who sustains a personal injury on a ride shall make a written report concerning the details of the incident, unless the injuries are so severe that they prevent the passenger from being able to make such a report.

      2.  An operator shall ensure that there are designated stations to report any injuries which occur. The stations must be staffed during regular business hours. The location of any such stations must be included in the notices posted pursuant to subsection 1 of NRS 455B.030.

      3.  A report filed pursuant to this section must contain:

      (a) The name and address of the person injured;

      (b) A brief description of the incident;

      (c) The cause of the injury, if known; and

      (d) The names and addresses of any witnesses to the incident.

      4.  If the injured person is unable to file a report because of the severity of the person’s injuries, the report must be filed as soon as practicable, but in no event later than 120 days after the incident.

      5.  Reports filed pursuant to this section must be maintained by the operator for at least 3 years after the date of the injury described in the report and must be available for inspection by the injured person or the authorized agent of the injured person during regular business hours.

      (Added to NRS by 1993, 1333)

      NRS 455B.100  Effect of provisions governing amusement parks on local ordinances.  The provisions of NRS 455B.010 to 455B.100, inclusive, do not prohibit a county, city or unincorporated town from adopting ordinances that regulate amusement parks which are consistent with the provisions of NRS 455B.010 to 455B.100, inclusive.

      (Added to NRS by 1993, 1333; A 2001, 2777)

SKATEBOARD PARKS

      NRS 455B.200  Definitions.  As used in NRS 455B.200 to 455B.300, inclusive, unless the context otherwise requires, the words and terms defined in NRS 455B.210 to 455B.250, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 2775)

      NRS 455B.210  “Roller skate” defined.  “Roller skate” means a tandem or in-line set of wheels mounted on a frame that can be fitted to the sole of a shoe or a shoe mounted on a tandem or in-line set of wheels.

      (Added to NRS by 2001, 2775)

      NRS 455B.220  “Scooter” defined.  “Scooter” means a tandem or in-line set of wheels mounted on a board or frame with a steering handle which is not propelled by a motor.

      (Added to NRS by 2001, 2775)

      NRS 455B.230  “Skateboard” defined.  “Skateboard” means a tandem or in-line set of wheels mounted on a board.

      (Added to NRS by 2001, 2775)

      NRS 455B.240  “Skateboard park” defined.  “Skateboard park” means a park or part of a park with paths, slopes, structures, jumps and other areas open to the public that are designated for use with a skateboard, roller skates, a bicycle or a scooter.

      (Added to NRS by 2001, 2775)

      NRS 455B.250  “Skateboard park operator” defined.  “Skateboard park operator” means an agency or political subdivision of this state that owns, controls, operates or manages a skateboard park.

      (Added to NRS by 2001, 2775)

      NRS 455B.260  Prohibited conduct generally.  A person shall not:

      1.  Fail or refuse to comply with:

      (a) Reasonable instructions provided by an authorized agent or employee of a skateboard park operator regarding the use of the skateboard park; or

      (b) Rules concerning safety that are posted on a sign in a conspicuous place by a skateboard park operator;

      2.  Intentionally place, drop or throw any object in the path of a user of a skateboard park or on the surface of a skateboard park; or

      3.  Conduct himself or herself in a manner that interferes with the safe operation of a skateboard park or with the safety of other users of a skateboard park.

      (Added to NRS by 2001, 2775)

      NRS 455B.270  Duties of person using skateboard park.  A person using a skateboard park shall, to the extent possible:

      1.  Locate and ascertain the meaning of any sign that is posted in or near the skateboard park by the skateboard park operator;

      2.  Heed warnings and other information posted by the skateboard park operator;

      3.  Avoid impeding or colliding with other skateboarders, roller skaters, bicyclists and operators of scooters when entering any part of the skateboard park and when commencing to skateboard, roller skate, ride a bicycle or operate a scooter from a stationary position;

      4.  Maintain a proper awareness and control of the person’s speed to avoid colliding with objects and other users of the skateboard park; and

      5.  Conduct himself or herself in such a manner as to avoid injury to persons and property in the skateboard park.

      (Added to NRS by 2001, 2775)

      NRS 455B.280  Reporting of personal injury sustained while using skateboard park; liability of skateboard park operator; duty to minimize dangers.

      1.  A person who sustains a personal injury while the person is using a skateboard park shall notify the skateboard park operator or an authorized agent or employee of the operator of the injury as soon as reasonably possible.

      2.  A skateboard park operator is not liable for the death or injury of a person or for damage to property caused or sustained by a person using a skateboard park who knowingly enters an area which is not designated for use with a skateboard, roller skates, a bicycle or a scooter.

      3.  A skateboard park operator shall take reasonable steps to minimize dangers and conditions within the operator’s control.

      (Added to NRS by 2001, 2776)

      NRS 455B.290  Use of skateboard park while intoxicated or under influence of controlled substance prohibited; information to be reported when collision or accident results in injury to another person; penalty.

      1.  A person shall not enter or use a skateboard park to skateboard, roller skate, ride a bicycle or operate a scooter while intoxicated or under the influence of a controlled substance, unless in accordance with a lawfully issued prescription.

      2.  A person using a skateboard park who is involved in a collision or an accident in which another person is injured shall provide his or her name and current address to the injured person and the skateboard park operator or an authorized agent or employee of the operator:

      (a) Before the person leaves the vicinity of the collision or accident; or

      (b) As soon as reasonably possible after leaving the vicinity of the collision or accident 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 2001, 2776)

      NRS 455B.300  Effect of provisions governing skateboard parks on local ordinances.  The provisions of NRS 455B.200 to 455B.300, inclusive, do not prohibit a county, city or town from adopting ordinances that regulate skateboard parks which are consistent with the provisions of NRS 455B.200 to 455B.280, inclusive.

      (Added to NRS by 2001, 2776)

RECREATION AREAS

      NRS 455B.400  Definitions.  As used in NRS 455B.400 to 455B.490, inclusive, unless the context otherwise requires, the words and terms defined in NRS 455B.405 to 455B.420, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2007, 834)

      NRS 455B.405  “Operator” defined.  “Operator” means a government, governmental agency or political subdivision of a government that owns, controls, operates or manages a recreation area.

      (Added to NRS by 2007, 834)

      NRS 455B.410  “Recreation area” defined.  “Recreation area” means a trailhead or water access area. The term does not include:

      1.  A snow recreation area as defined in NRS 455A.083; or

      2.  A skateboard park as defined in NRS 455B.240.

      (Added to NRS by 2007, 834)

      NRS 455B.415  “Trailhead” defined.  “Trailhead” means the beginning point of a trail, including, without limitation, any facility for parking, water or sanitation that is available for use at that point.

      (Added to NRS by 2007, 834)

      NRS 455B.420  “Water access area” defined.  “Water access area” includes, without limitation, a beach, river entry or exit point and land located at or below the ordinary high-water mark of a navigable body of water within this State.

      (Added to NRS by 2007, 834)

      NRS 455B.430  Prohibited conduct generally.  A person shall not:

      1.  Fail or refuse to comply with:

      (a) Reasonable instructions provided by an operator or an authorized agent or employee of an operator regarding the use of a recreation area; or

      (b) Rules concerning safety that are posted on a sign in a conspicuous place by an operator;

      2.  Intentionally place, drop or throw any object in the path of a user of a recreation area;

      3.  Conduct himself or herself in a manner that interferes with the safe operation of a recreation area or with the safety of other users of a recreation area; or

      4.  Trespass on any private property located in or adjacent to a recreation area.

      (Added to NRS by 2007, 834)

      NRS 455B.440  Duties of person using recreation area.

      1.  A person using a recreation area shall, to the extent possible:

      (a) Locate and ascertain:

             (1) The meaning of any sign that is posted in or near the recreation area by the operator of the recreation area; and

             (2) The boundaries of all private property adjoining the recreation area;

      (b) Heed warnings and other information posted by the operator of the recreation area;

      (c) Conduct himself or herself in such a manner as to avoid injury to persons and damage to property in the recreation area;

      (d) Familiarize himself or herself with the natural conditions of the recreation area and any resulting dangerous conditions in the recreation area and any private property located in or adjacent to the recreation area; and

      (e) Familiarize himself or herself with any dangerous conditions relating to an irrigation system in or near the recreation area.

      2.  A person using a recreation area shall not tamper with or alter an irrigation system or any part of an irrigation system in the recreation area.

      (Added to NRS by 2007, 834)

      NRS 455B.450  Persons deemed trespassers; reporting of personal injury sustained while using recreation area; limitation on liability of operator and owner of private property; duty to minimize known dangers; posting of signs that provide certain information.

      1.  A person who enters a recreation area unlawfully shall be deemed to be a trespasser.

      2.  A person who sustains a personal injury while the person is using a recreation area shall notify the operator or an authorized agent or employee of the operator of the injury as soon as reasonably possible.

      3.  Except as otherwise provided by law, an operator or an owner of private property is not liable for the death or injury of a person or for damage to property caused or sustained by a person using a recreation area if the person knowingly enters an area which is located outside the recreation area.

      4.  An operator shall take reasonable steps to minimize known dangers and conditions of trailheads and water access areas within the operator’s control.

      5.  An operator shall post signs in conspicuous places or provide other information at trailheads and water access areas that:

      (a) Identify the boundaries of the recreation area and immediately adjacent private property;

      (b) Prescribe rules concerning safety, conduct and use; and

      (c) Provide warnings about known dangerous conditions and potential hazards.

      (Added to NRS by 2007, 835)

      NRS 455B.460  Entering or using recreation area while intoxicated or under influence of controlled substance prohibited; exception; authority of operator or agent to prohibit entrance or use of recreation area by person under influence of alcohol, prescription drugs or controlled substance.

      1.  A person shall not enter or use a recreation area while intoxicated or under the influence of a controlled substance, unless in accordance with:

      (a) A prescription lawfully issued to the person; or

      (b) The provisions of chapter 453A of NRS.

      2.  An operator or an authorized agent or employee of an operator may prohibit a person from entering or using a recreation area if he or she reasonably believes that the person is under the influence of alcohol, prescription drugs or a controlled substance. An operator or an authorized agent or employee of an operator is not civilly or criminally liable for prohibiting a person from entering or using a recreation area pursuant to this subsection.

      (Added to NRS by 2007, 835)

      NRS 455B.470  Information to be reported when collision or accident results in injury to another person; penalty for failure to report such information.

      1.  A person using a recreation area who is involved in a collision or an accident in which another person is injured shall provide his or her name and current address to the injured person and the operator or an authorized agent or employee of the operator:

      (a) Before the person leaves the vicinity of the collision or accident; or

      (b) As soon as reasonably possible after leaving the vicinity of the collision or accident to secure aid for the injured person.

      2.  A person who violates a provision of this section is guilty of a misdemeanor.

      (Added to NRS by 2007, 835)

      NRS 455B.480  Revocation of license or privilege to use recreation area.  An operator may revoke the license or privilege of a person to use a recreation area if the person violates any provision of NRS 455B.400 to 455B.490, inclusive.

      (Added to NRS by 2007, 835)

      NRS 455B.490  Effect of provisions governing recreation areas on local ordinances and laws and regulations of this State.  The provisions of NRS 455B.400 to 455B.490, inclusive:

      1.  Do not prohibit a county, city or unincorporated town from adopting ordinances that regulate a recreation area which are consistent with the provisions of NRS 455B.400 to 455B.490, inclusive.

      2.  Are in addition to any provision of chapter 407 of NRS or any regulation adopted pursuant to that chapter that is applicable to a recreation area.

      (Added to NRS by 2007, 835)