Nevada County Municipal Code Ch. 15 Skier Responsibility

This Chapter shall be known as the County of Nevada Skier Responsibility Code.

(Ord. 2522. (04/18/2023))

The following words and phrases when used in this Chapter shall be construed to have the following meanings:

A. Inherent Risks Of Skiing is hereby defined to include, but not be limited to, those dangers or conditions which are an integral part of the sport of skiing, including, but not limited to, changing weather conditions, variations or steepness of terrain, snow or ice conditions, surface or subsurface conditions (whether man-modified or not) bare spots, creeks, gullies, forest growth or rocks, 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 means any personal injury, death, or property damage or loss suffered by a skier, ski area operator, or ski area.

C. Skier is hereby defined to mean any person who is within the boundaries of a ski area for the purpose of engaging in the sport of skiing, including but not limited to snowboarding, Alpine and Nordic skiing, or any person who is within the boundaries of the ski area for the purpose of observing any skiing activity.

D. Ski Area is hereby defined to mean 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 means any person, corporation or association, or their agent, officer, employee or representative, who operates a ski area within the County of Nevada.

(Ord. 2522. (04/18/2023))

Any individual or group of individuals who engage in the sport of skiing of any type, including but not limited to Alpine and Nordic, or any similar activity within the boundaries of a ski area including entry for the purpose of observing any skiing or similar activity, shall assume and accept the inherent risks of such activities insofar as the risks are reasonably obvious, foreseeable or necessary to the activities. Skiers who ski in any area not designated for skiing within the ski area control boundary, or who ski outside of a posted area boundary, assume the risks thereof.

(Ord. 2522. (04/18/2023))

Skiers shall have the following duties, a violation of which shall constitute a misdemeanor:

A. When involved in a skiing collision with other skiers which results in bodily injury to another person, a skier shall not depart from the scene of the accident without first leaving their name and address with the ski patrol in the ski area where such injury occurred.

B. A skier shall not knowingly ski in an area or on a ski trail which is closed to the public and which has signs posted indicating such closures.

(Ord. 2522. (04/18/2023))

Skiers shall have the following duties, a violation of which shall constitute an infraction:

A. It shall be unlawful for any person to ski faster than is safe and it shall be the duty of all skiers to ski in a safe and reasonable manner, under sufficient control to be able to stop or avoid other skiers or objects.

B. Skiers must wear retention straps or other reliable devices to prevent runaway skis.

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

D. It shall be unlawful for any person who is under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, to ski in a ski area.

(Ord. 2522. (04/18/2023))

Skiers shall have the following duties:

A. Skiers shall 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.

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

C. Skiers shall not overtake any other skier except in such a manner as to avoid contact with the overtaken skier and shall grant the right-of-way to the overtaken skier.

D. Skiers shall yield to other skiers when entering a trail or starting downhill.

E. Skiers shall not board rope tows, wire rope tows, J-bars, T-bars, ski lifts or other similar devices unless they have sufficient ability to use such devices, and skiers shall 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.

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

G. A skier shall not stop skiing in such a manner as to obstruct a trail or be hidden from the view of the skiers uphill.

(Ord. 2522. (04/18/2023))

Ski area operators shall provide notice to skiers of their duties as delineated in this Chapter in a manner reasonably calculated to inform skiers of those duties.

(Ord. 2522. (04/18/2023))

The ski area operator shall, prior to the beginning of any skiing competition, including but not limited to, Nordic and Alpine, allow each competitor a reasonable visual inspection of the course or area within which the competition is to be held. No liability shall attach to the ski area operator for the injury or death of any competitor proximately caused by such competitor's engaging in a skiing competition.

(Ord. 2522. (04/18/2023))

The following penalties shall be imposed for violation of the Skier Responsibility Code:

A. Any person convicted of a misdemeanor for violating the Skier Duties constituting a misdemeanor outlined above shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the County Jail not to exceed six (6) months, or by both such fine and imprisonment.

B. Any person convicted of an infraction for violating the provisions of Skier Duties constituting an infraction outlined above shall be punished by a fine not exceeding one hundred dollars ($100.00).

(Ord. 2522. (04/18/2023))