Chapter 8.40
SKIER SAFETY CODE
Sections:
8.40.030 Skier duties—Misdemeanor violations.
8.40.040 Skier duties—Infraction violations.
8.40.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Inherent risks of skiing” means, but is not limited to, those dangers or conditions which are 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; trees and other natural growth; rocks; stumps; lift-towers and other structures and their components; collision with other skiers or objects and a skier’s failure to ski within the skier’s own ability.
“Injury” means any personal injury, death or property damage or loss suffered by a skier, ski area operator or ski area.
“Skier” means any person who is within the boundaries of a ski area for the purpose of engaging in, or observing, the sport of skiing, including but not limited to alpine or nordic, or without regard to the type of skiing device used, such as dual skis, snowboard, or other type of skiing device.
“Ski area” means 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 Alpine County. (Ord. 562 § 2, 1994)
8.40.020 Assumption of risk.
Skiers who ski in any area not designated for skiing within a ski area control boundary, or who ski outside of a posted area boundary, assume the risks thereof. Skiers shall assume and accept the inherent risks of skiing insofar as the risks are reasonably obvious, foreseeable or necessary to the activities. Skiers shall further comply with the duties described in this chapter. (Ord. 562 § 3, 1994)
8.40.030 Skier duties—Misdemeanor violations.
Skiers shall have the following duties at ski areas, a violation of which shall constitute a misdemeanor, which may be charged as an infraction, at the discretion of the charging authority:
A. When involved in a skiing collision with another skier or other skiers which results in bodily injury or death to another person, a skier shall not depart from the scene of the accident without first leaving his or her name, address and residence telephone number 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, which closure is marked by signs posted so indicating that the area is closed to skiing.
C. Skiers shall not embark or disembark from as ski lift except at designated areas, or by the authority of the ski lift operator.
D. No 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, shall ski in a ski area. (Ord. 562 § 4, 1994)
8.40.040 Skier duties—Infraction violations.
Skiers shall have the following duties at ski areas, 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 retentions traps or other reliable devices to prevent runaway skis or boards.
C. Skiers shall not cross the uphill track or any surface lift except at points clearly designated by the ski area operator.
D. 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.
E. Skiers shall yield to other skiers when entering a trail or starting downhill.
F. 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.
G. 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. (Ord. 562 § 5, 1994)
8.40.050 Violation—Penalty.
The following penalties shall be imposed for violation of the skier safety code:
A. Any person convicted of a misdemeanor for violating the provisions of Section 8.40.030 shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment, for each such violation.
B. Any person convicted of an infraction for violating the provisions of Sections 8.40.030 or 8.40.040 shall be punished by a fine not exceeding one hundred dollars for each such violation. (Ord. 562 § 6, 1994)