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HomeMy Public PortalAbout18 Skier Responsibility RegsTOWN OF TRUCKEE California ORDINANCE NO. 94-18 AN ORDINANCE OF THE TOWN OF TRUCKEE AMENDING TITLE 9 TO ADD CHAPTER 9.11 REGARDING SKIER RESPONSIBILITY The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. ~. Title 9 of the Truckee Municipal Code is hereby amended by adding Chapter 9.09 regarding Skier Responsibility as designated in Exhibit "A" attached hereto and incorporated herein by reference. Section 2. Summary_ Publication and Posting. Within thirty (30) days after final adoption of this Ordinance, the Town Clerk shall have a summary of the ordinance prepared by the Town Attorney and published as required. Within fifteen (15) days after final adoption of this Ordinance, the Town Clerk shall have it posted in the three (3) public places designated by Resolution of the Council. Town Ordinance Page 2 The foregoing Ordinance was introduced at a regular meeting of the Town Council of the Town of Truckee, held on the 6th day of October, 1994, by Council Member Cross, who moved its introduction, which motion was seconded by Council Member Botto, was upon roll call carried by the following vote: AYES: Council Members Botto, Cross & Mayor Eagan NOES: None ABSENT: Council Members Aguera & Carpenter Kathleen Eagan, Mayor Attest: The foregoing Ordinance, having been introduced on the 6th day of October, 1994, coming for f'mal consideration by Council Member Aguera who moved its adoption the 20th day of October, 1994, which motion was duly seconded by Council Member Botto, was upon roll call carded by the following vote: AYES: Council Members Aguera, Botto, Carpenter, Cross & Mayor Eagan NOES: None ABSENT: None deeYn E-~agEagan, dayor~' ATTEST: Town Ordinance Page 3 Exhibit "A" CHAPTER 9.11 SKIER RESPONSIBILITY 9.11.010 Definition of Words and Phrases. The following words and phrases when used in this Chapter shall be construed to have the following meanings: "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. be "Injury" means any personal injury, death, or property damage or loss suffered by a skier, ski area operator or ski area. "Skier" is hereby defmed 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 alpine, nordic, snowboarding, or any person who is within the boundaries of the ski area for the purpose of observing any skiing activity. "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. "Ski Area Operator" means any person, corporation or association, or their agent, officer, employee or representative, who operates a ski area within the Town of Truckee. p.l 1.020 ,AssumPtion of Risk. Any individual or group of individuals who engage in the sport of skiing of any type, including but not limited to alpine, nordic, snowboarding, 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. 9.11.030 Sider Duties - Misdemeanor. 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 Town Ordinance Page 4 the accident without first leaving his or her name and address with the ski patrol in the ski area where such injury occurred. b. A skier shah 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. 9.11.040 Skier Duties - Infraction. Skiers shah have the following duties, a violation of which shall constitute an infraction: It shah 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 or snowboards. c. Skiers shall not embark or disembark from a ski lift except at designated areas, or by the authority of the ski lift operator. 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. 9.11.050 Skier Duties - General. Skiers shall have the following duties: Skiers shah 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. Skiers shall not cross the uphill track of any surface lift except at points clearly designated by the ski area operator. 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. Skiers shall yield to other skiers when entering a trail or starting down hill. Skiers shall not board rope tows, wire rope towns, J-bars, T-bars, ski lifts or other similar devices unless they have sufficient ability to use such devices, and skiers shah 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, shah give notice of the injury to the ski area operator before leaving the area. Town Ordinance Page 5 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. 9.11.060 Notice of Skier Duties. 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. 9.11.070 Skiers in Competition. The ski area operator shaH, prior to the beginning of any skiing competition, including but not limited to, nordic, alpine, or snowboarding, 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. 9.11.080 Penalties for Violation. The following penalties shall be imposed for violation of the Skier Responsibility Code: Any person convicted of a misdemeanor for violating the provisions of Section 9.09.030 shah be punished by a fine not to exceed $1,000, or by imprisonment in the County Jail not to exceed six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction for violating the provisions of Section 9.09.040 through 9.09.070 shah be punished by a frae not exceeding $100. 9.11.090 Severabili~. If any provision of this ordinance should be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the maximum extent permitted by law.