AMENDING TITLE 5, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 7; RELATING TO
SKIING.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 5, Arizona Revised Statutes, is amended by adding chapter 7, to read:
1. "BASE AREA LIFT" MEANS A PASSENGER TRAMWAY THAT SKIERS ORDINARILY
USE WITHOUT FIRST USING ANOTHER PASSENGER TRAMWAY.
2. "CHAIR LIFT" MEANS A TYPE OF TRANSPORTATION ON WHICH PASSENGERS ARE
CARRIED ON CHAIRS SUSPENDED IN THE AIR AND ATTACHED TO A MOVING CABLE, CHAIN
OR LINK BELT SUPPORTED BY TRESTLES OR TOWERS WITH ONE OR MORE SPANS.
3. "COMPETITOR" MEANS A SKIER ACTUALLY ENGAGED IN COMPETITION OR IN
PRACTICE FOR COMPETITION WITH THE PERMISSION OF A SKI AREA OPERATOR ON ANY
SLOPE OR TRAIL OR PORTION OF ANY SLOPE OR TRAIL DESIGNATED FOR COMPETITION
BY THE SKI AREA OPERATOR.
4. "CONDITIONS OF ORDINARY VISIBILITY" MEANS DAYLIGHT AND, IF
APPLICABLE, NIGHTTIME IN NONPRECIPITATING WEATHER.
5. "INHERENT DANGERS AND RISKS OF SKIING" MEANS THOSE DANGERS OR
CONDITIONS THAT ARE AN INTEGRAL PART OF THE SPORT OF SKIING, EXCLUDING ACTS
OF ORDINARY OR GROSS NEGLIGENCE, OR RECKLESS OR INTENTIONAL CONDUCT ON THE
PART OF THE SKI AREA OPERATOR. INHERENT DANGERS AND RISKS OF SKIING
INCLUDE:
(a)
(b)
(d)
(e)
(f)
(g)
6. "PASSENGER TRAMWAY" MEANS A DEVICE USED TO TRANSPORT PASSENGERS UPHILL ON SKIS OR IN CARS ON TRACKS OR SUSPENDED IN THE AIR BY THE USE OF
STEEL CABLES, CHAINS, BELTS OR ROPES, USUALLY SUPPORTED BY TRESTLES OR TOWERS
WITH ONE OR MORE SPANS.
7. "ROPE TOW" MEANS A MODE OF TRANSPORTATION THAT PULLS A SKIER RIDING
ON SKIS AS THE SKIER GRASPS THE ROPE WITH THE SKIER'S HANDS.
8. "SKI AREA" MEANS ALL SKI SLOPES AND TRAILS OR OTHER PLACES WITHIN
THE BOUNDARY OF A SKI AREA OPERATOR'S PROPERTY, ADMINISTERED AS A SINGLE
ENTERPRISE IN THIS STATE.
9. "SKI AREA OPERATOR" MEANS ANY CORPORATION, COMPANY, PARTNERSHIP,
FIRM, ASSOCIATION OR OTHER COMMERCIAL ENTITY, INCLUDING A NATURAL PERSON, AND
ITS EMPLOYEES, AGENTS, MEMBERS, SUCCESSORS IN INTEREST, AFFILIATES AND
ASSIGNS THAT HAVE RESPONSIBILITY FOR THE OPERATIONS OF A SKI AREA.
10. "SKI SLOPES AND TRAILS" MEANS THOSE AREAS DESIGNATED BY A SKI AREA
OPERATOR FOR USE BY SKIERS FOR ANY OF THE PURPOSES LISTED IN PARAGRAPH 11.
11. "SKIER" MEANS A PERSON USING A SKI AREA FOR THE PURPOSE OF SKIING
OR SLIDING DOWNHILL ON SNOW OR ICE ON SKIS, A TOBOGGAN, SLED, TUBE, SKIBOB
OR SNOWBOARD OR ANY OTHER DEVICE, USING ANY OF THE FACILITIES OF A SKI AREA,
INCLUDING SKI SLOPES AND TRAILS, OR OBSERVING ANY ACTIVITIES IN A SKI AREA
AS A SIGHTSEER OR VISITOR.
12. "SURFACE LIFT" MEANS A MODE OF TRANSPORTATION THAT PULLS SKIERS
RIDING ON SKIS BY MEANS OF ATTACHMENT TO AN OVERHEAD CABLE SUPPORTED BY
TRESTLES OR TOWERS. SURFACE LIFT INCLUDES A J-BAR, A T-BAR, A PLATTER PULL
AND ANY SIMILAR DEVICE.
B. A SKI AREA OPERATOR SHALL PROMINENTLY DISPLAY SIGNS THAT ARE
READABLE IN CONDITIONS OF ORDINARY VISIBILITY AND, IF APPLICABLE, THAT ARE
ADEQUATELY LIGHTED FOR NIGHTTIME PASSENGERS, AS FOLLOWS:
1. AT OR NEAR THE LOADING POINT OF EACH PASSENGER TRAMWAY, ROPE TOW
AND SURFACE LIFT ADVISING THAT ANY PERSON NOT FAMILIAR WITH THE OPERATION OF
THE TRAMWAY, ROPE TOW OR SURFACE LIFT SHOULD ASK SKI AREA PERSONNEL FOR
ASSISTANCE AND INSTRUCTION.
2. IN A CONSPICUOUS PLACE AT THE LOADING AREA OF EACH TWO-CAR OR
MULTICAR PASSENGER TRAMWAY THAT STATES THE MAXIMUM CAPACITY IN POUNDS OF THE
CAR AND THE MAXIMUM NUMBER OF PERSONS ALLOWED IN THE CAR.
3. IN THE INTERIOR OF EACH CAR IN A TWO-CAR OR MULTICAR PASSENGER
TRAMWAY THAT STATES THE MAXIMUM CAPACITY IN POUNDS OF THE CAR AND THE MAXIMUM
NUMBER OF PERSONS ALLOWED IN THE CAR AND THAT GIVES INSTRUCTIONS FOR
PROCEDURES IN THE CASE OF EMERGENCIES.
4. AT ALL CHAIR LIFTS STATING THE FOLLOWING:
(b)
(c)
(d)
(e)
(f)
5. AT ALL ROPE TOWS AND SURFACE LIFTS STATING THE FOLLOWING:
(a)
(b)
(c)
(d)
(e)
C. A SKI AREA OPERATOR MAY POST ADDITIONAL SIGNS NOT REQUIRED BY
SUBSECTION B AT THE OPERATOR'S DISCRETION.
D. BEFORE OPENING A PASSENGER TRAMWAY TO THE PUBLIC EACH DAY, A SKI
AREA OPERATOR SHALL INSPECT THE TRAMWAY FOR THE PRESENCE OF THE SIGNS
REQUIRED BY SUBSECTION B OR THAT ARE POSTED PURSUANT TO SUBSECTION C.
E. THE EXTENT OF THE RESPONSIBILITY OF A SKI AREA OPERATOR UNDER THIS
SECTION IS TO POST AND MAINTAIN THE SIGNS REQUIRED BY SUBSECTION B AND TO
MAINTAIN ANY SIGNS POSTED PURSUANT TO SUBSECTION C. IT IS A REBUTTABLE
PRESUMPTION THAT ALL PASSENGERS AND SKIERS SAW AND UNDERSTOOD THE SIGNS IF
EVIDENCE EXISTS THAT THE SIGNS REQUIRED BY SUBSECTION B OR THAT ARE POSTED
PURSUANT TO SUBSECTION C WERE POSTED AND THE SIGNS WERE MAINTAINED.
B. A SKI AREA OPERATOR SHALL PLACE A SIGN THAT DEPICTS AND EXPLAINS
SIGNS AND SYMBOLS THAT SKIERS MAY ENCOUNTER IN THE SKI AREA IN A POSITION
WHERE ALL SKIERS WHO ARE PROCEEDING TO THE UPHILL LOADING POINT OF EACH BASE
AREA LIFT WILL SEE THE SIGN. THE SIGN SHALL DEPICT AND EXPLAIN AT LEAST THE
FOLLOWING SIGNS AND SYMBOLS:
1. A GREEN CIRCLE AND THE WORD "EASIER", WHICH DESIGNATES THE LEAST
DIFFICULT SKI SLOPES AND TRAILS OF THE SKI AREA.
2. A BLUE SQUARE AND THE WORDS "MORE DIFFICULT", WHICH DESIGNATES THE
SKI SLOPES AND TRAILS OF THE SKI AREA THAT HAVE A DEGREE OF DIFFICULTY
BETWEEN THE LEAST DIFFICULT AND MOST DIFFICULT SLOPES AND TRAILS.
3. A BLACK DIAMOND AND THE WORDS "MOST DIFFICULT", WHICH DESIGNATES
THE MOST DIFFICULT SKI SLOPES AND TRAILS OF THE SKI AREA.
4. A FIGURE IN THE SHAPE OF A SKIER WITH A BAND RUNNING DIAGONALLY
FROM CORNER TO CORNER OF THE SIGN WITH THE WORD "CLOSED" PRINTED BENEATH THE
EMBLEM.
C. IF APPLICABLE, A SKI AREA OPERATOR SHALL PLACE A SIGN AT OR NEAR
THE LOADING POINT OF A PASSENGER TRAMWAY THAT STATES ONE OF THE FOLLOWING:
1. IF THE TRAMWAY TRANSPORTS PASSENGERS ONLY TO THE MORE DIFFICULT OR
MOST DIFFICULT SKI SLOPES AND TRAILS IN THE SKI AREA, THE SIGN SHALL STATE:
"WARNING: THIS LIFT SERVICES 'MORE DIFFICULT' (BLUE SQUARE EMBLEM) AND 'MOST
DIFFICULT' (BLACK DIAMOND EMBLEM) SLOPES AND TRAILS ONLY.".
2. IF THE TRAMWAY TRANSPORTS PASSENGERS ONLY TO THE MOST DIFFICULT SKI
SLOPES AND TRAILS IN THE SKI AREA, THE SIGN SHALL STATE: "WARNING: THIS
LIFT SERVICES 'MOST DIFFICULT' (BLACK DIAMOND EMBLEM) SLOPES AND TRAILS
ONLY.".
D. IF A SKI AREA OPERATOR CLOSES A SKI SLOPE OR TRAIL OR A PORTION OF
A SKI SLOPE OR TRAIL TO THE PUBLIC, THE OPERATOR SHALL PLACE A SIGN NOTIFYING
SKIERS THAT THE SLOPE OR TRAIL OR PORTION OF THE SLOPE OR TRAIL IS CLOSED AT
EACH IDENTIFIED ENTRANCE TO THE SLOPE OR TRAIL OR CLOSED PORTION OF THE SLOPE OR TRAIL. IN LIEU OF PLACING A SIGN AT EACH IDENTIFIED ENTRANCE, THE SKI
AREA OPERATOR MAY CLOSE OFF THE ENTRANCE WITH ROPE OR FENCES.
E. A SKI AREA OPERATOR SHALL PLACE A SIGN AT OR NEAR THE BEGINNING OF
EACH SKI SLOPE OR TRAIL THAT CONTAINS THE APPROPRIATE SYMBOL OF THE RELATIVE
DEGREE OF DIFFICULTY OF THAT SLOPE OR TRAIL AS SET FORTH IN SUBSECTION
B. THE REQUIREMENTS OF THIS SUBSECTION DO NOT APPLY TO A SKI SLOPE OR TRAIL
THAT IS DESIGNATED "EASIER" IF A SKIER MAY SUBSTANTIALLY VIEW THE SLOPE OR
TRAIL IN ITS ENTIRETY BEFORE BEGINNING TO SKI THE SLOPE OR TRAIL.
F. A SKI AREA OPERATOR SHALL MARK THE SKI AREA BOUNDARIES THAT ARE
DESIGNATED ON THE TRAIL MAP.
G. A SKI AREA OPERATOR SHALL MARK ALL SKI LIFT TICKETS AND SEASON
PASSES THAT THE OPERATOR SELLS OR MAKES AVAILABLE TO SKIERS WITH THE
FOLLOWING IN CLEARLY READABLE PRINT:
WARNING: UNDER ARIZONA LAW, A SKIER ACCEPTS THE RISK OF ANY
INJURY TO PERSON OR PROPERTY RESULTING FROM ANY OF THE INHERENT
DANGERS AND RISKS OF SKIING, INCLUDING CHANGING WEATHER
CONDITIONS, EXISTING AND CHANGING SNOW SURFACE CONDITIONS,
SURFACE OR SUBSURFACE CONDITIONS, WHETHER MARKED OR UNMARKED,
COLLISIONS WITH NATURAL OR MAN-MADE OBJECTS, WHETHER MARKED OR
UNMARKED AND THE FAILURE OF SKIERS TO SKI WITHIN THEIR OWN
ABILITIES.
H. A SKI AREA OPERATOR SHALL POST AND MAINTAIN SIGNS WHERE SKI LIFT
TICKETS AND SKI SCHOOL LESSONS ARE SOLD AND IN A LOCATION THAT IS CLEARLY
VISIBLE TO SKIERS WHO ARE PROCEEDING TO THE UPHILL LOADING POINT OF EACH BASE
AREA LIFT THAT STATE THE FOLLOWING IN CLEARLY READABLE PRINT:
WARNING--IMPORTANT: UNDER ARIZONA LAW, A SKIER ACCEPTS THE RISK
OF ANY INJURY TO PERSON OR PROPERTY RESULTING FROM ANY OF THE
INHERENT DANGERS AND RISKS OF SKIING. SOME OF THESE RISKS ARE
LISTED ON YOUR LIFT TICKET OR SEASON PASS. PLEASE REVIEW YOUR
TICKET OR PASS AND ASK THE SKI AREA PERSONNEL FOR MORE
INFORMATION.
B. ALL SNOWMOBILES OPERATED ON THE SKI SLOPES OR TRAILS OF A SKI AREA
SHALL BE EQUIPPED WITH AT LEAST THE FOLLOWING:
1. ONE LIGHTED HEAD LAMP.
2. ONE LIGHTED RED TAIL LAMP.
3. A RED OR ORANGE FLAG THAT IS AT LEAST FORTY SQUARE INCHES IN SIZE
AND THAT IS MOUNTED AT LEAST FIVE FEET ABOVE THE BOTTOM OF THE TRACKS.
C. A SKI AREA OPERATOR HAS NO DUTIES TO ANY SKIER WHO SKIS BEYOND THE
DESIGNATED BOUNDARIES OF THE SKI AREA.
1. AT ALL TIMES A SKIER HAS THE SOLE RESPONSIBILITY TO KNOW THE RANGE
OF THE SKIER'S OWN ABILITY TO NEGOTIATE A SKI SLOPE OR TRAIL AND TO SKI
WITHIN THE LIMITS OF THAT ABILITY. A SKIER EXPRESSLY ACCEPTS THE TOTAL RISK
OF AND ALL LEGAL RESPONSIBILITY FOR INJURY TO PERSON OR PROPERTY RESULTING
FROM ANY OF THE INHERENT DANGERS AND RISKS OF SKIING.
2. BEFORE USING A CHAIR LIFT, PASSENGER TRAMWAY, ROPE TOW OR SURFACE
LIFT, A SKIER SHALL HAVE THE KNOWLEDGE AND ABILITY TO SAFELY LOAD, RIDE AND
UNLOAD FROM THE DEVICE.
3. A SKIER SHALL MAINTAIN CONTROL OF THE SKIER'S SPEED AND COURSE AT
ALL TIMES WHEN SKIING AND SHALL MAINTAIN A PROPER LOOKOUT TO ENABLE THE SKIER
TO AVOID COLLISIONS WITH OTHER SKIERS AND WITH NATURAL AND MAN-MADE OBJECTS,
WHETHER MARKED OR UNMARKED.
4. A SKIER SHALL AVOID SNOW MAINTENANCE AND GROOMING EQUIPMENT,
VEHICLES, LIFT TOWERS, SIGNS AND OTHER EQUIPMENT LOCATED ON SKI SLOPES AND
TRAILS.
5. A SKIER SHALL HEED ALL POSTED INFORMATION, SIGNS AND OTHER WARNINGS
AND SHALL REFRAIN FROM ACTING IN A MANNER THAT MAY CAUSE OR CONTRIBUTE TO THE
INJURY OF THE SKIER OR OTHER PERSONS OR PROPERTY. A SKIER IS PRESUMED TO
HAVE SEEN AND UNDERSTOOD ALL SIGNS AND NOTICES POSTED PURSUANT TO SECTIONS
5-702, 5-703 AND 5-704. UNDER CONDITIONS OF DECREASED VISIBILITY, THE DUTY
RESTS ON THE SKIER TO LOCATE AND ASCERTAIN THE MEANING OF ALL THE SIGNS AND
NOTICES.
6. A SKIER SHALL ONLY USE SKIS, SNOWBOARDS AND OTHER EQUIPMENT THAT
HAVE BEEN EQUIPPED WITH A FUNCTIONAL STRAP OR OTHER DEVICE DESIGNED TO REDUCE
THE RISK OF RUNAWAY EQUIPMENT.
7. A SKIER SHALL NOT SKI ON A SKI SLOPE OR TRAIL OR A PORTION OF A SKI
SLOPE OR TRAIL THAT A SKI AREA OPERATOR HAS DESIGNATED AS CLOSED PURSUANT TO
SECTION 5-703, SUBSECTION D.
8. A SKIER SHALL NOT BEGIN TO SKI FROM A STATIONARY POSITION OR ENTER
A SKI SLOPE OR TRAIL FROM THE SIDE UNLESS THE SKIER IS ABLE TO AVOID
COLLIDING WITH MOVING SKIERS ALREADY ON THE SKI SLOPE OR TRAIL.
9. A SKIER SHALL NOT CROSS THE UPHILL TRACK OR PLACE ANY OBJECT IN THE
UPHILL TRACK OF A ROPE TOW OR SURFACE LIFT EXCEPT AT LOCATIONS THAT HAVE BEEN
DESIGNATED FOR CROSSING BY A SKI AREA OPERATOR.
10. A SKIER SHALL NOT MOVE UPHILL ON ANY PASSENGER TRAMWAY OR USE ANY
SKI SLOPE OR TRAIL WHILE THE SKIER'S ABILITY TO DO SO IS IMPAIRED BY THE
CONSUMPTION OF ALCOHOL OR BY THE USE OF ANY NARCOTIC OR OTHER DRUG.
11. A SKIER INVOLVED IN A COLLISION WITH ANOTHER SKIER THAT RESULTS IN
AN INJURY SHALL NOT LEAVE THE VICINITY OF THE COLLISION BEFORE GIVING THE
SKIER'S NAME AND CURRENT ADDRESS TO AN EMPLOYEE OF THE SKI AREA OPERATOR OR
A MEMBER OF A PAID OR VOLUNTARY SKI PATROL. THIS PARAGRAPH DOES NOT PROHIBIT
A SKIER FROM LEAVING THE SCENE OF A COLLISION TO SECURE FIRST AID FOR A
PERSON WHO IS INJURED IN THE COLLISION. IF A SKIER LEAVES THE SCENE OF A
COLLISION TO SECURE FIRST AID, THE SKIER SHALL LEAVE THE SKIER'S NAME AND
CURRENT ADDRESS AS REQUIRED BY THIS PARAGRAPH AFTER SECURING THE FIRST AID.
12. A SKIER SHALL NOT KNOWINGLY ENTER THE PUBLIC OR PRIVATE LANDS OF
AN ADJOINING SKI AREA IF THE OWNER OF THAT LAND HAS CLOSED THAT LAND TO
SKIERS AND THE LANDOWNER OR THE SKI AREA OPERATOR HAS DESIGNATED THE
ADJOINING LAND AS CLOSED.
A. BEFORE THE BEGINNING OF ANY COMPETITION, A SKI AREA OPERATOR SHALL ALLOW ANY COMPETITOR A REASONABLE VISUAL INSPECTION OF THE COURSE OR AREA
WHERE THE COMPETITION IS TO BE HELD.
B. A COMPETITOR ACCEPTS THE RISK OF ALL COURSE CONDITIONS, INCLUDING
WEATHER AND SNOW CONDITIONS, COURSE CONSTRUCTION OR LAYOUT AND OBSTACLES THAT
A VISUAL INSPECTION IMMEDIATELY BEFORE THE RUN COULD HAVE REVEALED.
C. IN ANY ACTION BROUGHT BY A COMPETITOR AGAINST ANY SKI AREA
OPERATOR, IF THE SKI AREA OPERATOR PROVES THAT THE PARTICIPANT IN THE
COMPETITION SIGNED A VALID RELEASE, THE SKI AREA OPERATOR'S LIABILITY SHALL
BE DETERMINED BY THE TERMS OF THE RELEASE.
APPROVED BY THE GOVERNOR APRIL 25, 1997.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1997.
Click here to return to the A.L.I.S. Home Page.