[HISTORY: Adopted by the Town Board of the
Town of South Bristol 12-11-1989 as L.L. No. 2-1989. Amendments noted
where applicable.]
This chapter shall be known as the "Skier Responsibility
Law of the Town of South Bristol."
A.
The Town Board finds that the sport of skiing is practiced
by a large number of citizens of this town and also attracts a large
number of nonresidents, contributing to the economy of the Town of
South Bristol.
B.
The Board also finds that skiing is a sport that may
be hazardous regardless of all reasonable safety measures that can
be taken by ski area operators. Inherent in the sport of skiing is
the risk of personal injury, death or property damage which may be
caused by variations in terrain or weather conditions; surface or
subsurface snow, ice, bare spots, moguls, ruts, bumps or other conditions;
drainage structures, utility poles and wires, snow fences, lift-line
corrals, lift towers, signage, lifts and tows (passenger tramways),
snowmaking, maintenance or grooming equipment or vehicles or other
man-made obstructions or objects; other persons using the facilities;
and rocks, forest, growth, debris, branches, trees, roots, stumps
or other natural obstructions or objects.
C.
In light of these and other potential dangers of the
sport, the Board finds that a local law is necessary to help reduce
the risk of injury to skiers and the risk of economic harm to the
ski industry by encouraging safe skiing behavior.
D.
The Board finds that a violation of this chapter should
constitute culpable conduct on the part of a person who causes or
who sustains personal injury, death or property damage arising out
of a ski accident.
The following words and phrases, when used in
this chapter, shall be construed to have the following meanings:
Any device operated by a ski area operator to transport passengers
from one point to another within a ski area.
All ski slopes, ski trails and passenger tramways and other
property under the control of a ski area operator within the Town
of South Bristol, State of New York.
Any person or entity having operational and administrative
responsibility for any ski area.
Any person for any purpose physically present at a ski area,
whether such person shall be present with or without the knowledge
or permission of the ski area operator or shall be within or without
the areas designated permissible for use by skiers.
No skier shall do any of the following things,
each of which shall constitute a violation:
A.
Leave an accident scene when involved in an accident
resulting in personal injury to another party before such time as
medical assistance arrives, except for the purpose of summoning aid,
or fail to provide to the ski area operator his or her full name and
address before leaving the ski area.
B.
Knowingly ski upon or otherwise enter a slope or trail
or portion thereof which has been designated as closed by the ski
area operator or knowingly ski in an area not designated for skiing
by the ski area operator.
C.
Knowingly move, remove, deface, alter or otherwise
damage signage, warning devices or implements or other safety devices
or skier awareness devices placed and maintained by the ski area operator.
D.
Knowingly eject from a passenger tramway any object
or material (except into areas designated by the ski area operator
for such purposes) or otherwise knowingly interfere with the operation
of a passenger tramway.
E.
Ski while his or her ability is impaired by an alcoholic
beverage or any drug or the combination of an alcoholic beverage and
any drug.
F.
Fail to know and ski within the range and limits of
his or her own ability to negotiate any slope or trail in a safe and
reasonable manner.
G.
Fail to ski in constant control of speed and course
so as to avoid contact with visible or clearly marked obstacles and
with other skiers and passengers on surface passenger tramways at
all times while skiing.
H.
Ski faster than is safe under the circumstances.
I.
Fail to yield to other skiers when entering a trail
or starting downhill.
J.
Overtake another skier in such a manner as to cause
contact with the skier being overtaken or fail to yield the right-of-way
to an overtaken skier.
K.
Stop on any slope or trail where such stopping is
likely to cause a collision with other skiers or vehicles.
L.
Fail to wear retention straps or other devices to
help prevent runaway skis.
M.
Cross the uphill track of any surface passenger tramway
except at points clearly designated by the ski area operator.
N.
Fail to report any personal injury to the ski area
operator before leaving the ski area.
O.
Board or disembark from passenger tramways at points
or areas not designated by the ski area operator for such purpose.
P.
Wear loose clothing, accessories or exposed long hair
when riding on a passenger tramway in such a manner as is likely to
become entangled with any part of it.
Q.
Embark on a passenger tramway without the authority
of the ski area operator.
R.
Fail to use restraining bars in accordance with posted
instructions when riding on a passenger tramway.
S.
Fail to become familiar with and observe all posted
information before boarding any passenger tramway or skiing on any
slope or trail.
T.
Fail to take reasonable precautions against the risks
inherent in skiing.
U.
Fail to abide by the directions of the ski area operator.
The town may settle or compromise any alleged violation of this chapter as a civil compromise in an amount not to exceed the fines imposed in § 143-6 hereof.
[Amended 6-14-2021 by L.L. No. 3-2021]
Any peace officer may issue an appearance ticket
to enforce this chapter.
