THE VILLAGE OF TAOS SKI VALLEY

 

ORDINANCE 97-24

 

ADOPTING A SKIER RESPONSIBILITY ORDINANCE

 

 

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF TAOS SKI VALLEY, NEW MEXICO:

 

SECTION 1. TITLE

 

This Ordinance shall be known and cited as the Skier Responsibility Ordinance (hereinafter “the Ordinance”) of the Village of Taos Ski Valley, New Mexico (hereinafter “the Village”).

 

SECTION 2. DEFINITIONS

 

A.        “Closed Area” means any portion of a ski area designated by the ski area operator as closed with symbols or rope displayed conspicuously at the top or entrance or side of each slope, trail or area.  Closed Area includes the ski area after the hours of operation of the ski lifts.

 

B.        “Injury” means any personal injury, death or property damage or loss suffered by a skier.

 

C.        “Ski Area” means the portions of land within the Village owned or leased and under the control of a ski area operator.

 

D.        “Ski Area Operator” means any persons, partnership, corporation or other commercial entity and its agents, officers, employees or representative, who has operational responsibility for any ski area or ski lift.

 

E.        “Ski Lift” means any device operated by a ski area operation to transport passengers from one point to another within a ski area.

 

F.         “Ski Patrol” means that certain group of employees of the ski area operator designated as the ski patrol.

 

G.        “Skier” means any person present at a skiing area under the control of a ski area for the purpose of engaging in the sport of skiing by utilizing the ski slopes and trails and does not include the use of a ski lift.

 

SECTION 3.  DUTIES OF SKIERS AND PASSENGERS

 

A.        Reckless Skiing Prohibited.  No skier shall ski in a reckless or negligent manner so as to endanger the life, limb or property of any person, his own or of another.  Each skier has the additional duties to ski in a safe and reasonable manner, to heed all posted warnings, to ski only on a skiing area designated by the ski area operator and under sufficient control to be able to stop or avoid other skiers or objects within the ski area.

 

B.        Entering Closed Area Prohibited.  No skier except a member of the ski patrol, area operator employee in the course of his or her employment or Village Marshal or Deputy Marshal enforcing this Ordinance shall enter or go upon any closed area.

 

C.        Removing or Destroying Closed Area Signs Prohibited.   No skier or other person, except a member of the ski patrol or employee of the ski area operator or Village Marshal in the course of his or her employment shall remove, mutilate, deface, damage or destroy any sign erected or placed by the ski patrol, ski area operator or Marshall to designate a closed area.

 

D.        Duties of Skiers Involved in Collisions.   Any skier involved in a collision with another skier or person in which an injury results shall immediately do the following:

 

(1)       Stop at the scene of such collision and render to any skier or person injured in the collision reasonable assistance;

 

(2)       Notify or cause to be notified a member of the ski patrol or other area operator employee about the collision and injury;

 

(3)       Remain at the scene of the collision with the injured skier or person until a member of the ski patrol arrives; and,

 

(4)       Give his or her name, current address and telephone number to a member of the ski patrol or area operator employee before leaving the scene of the collision.

 

SECTION 4.  PENALTIES

 

Any person who violates any of the provisions of this Ordinance is guilty of a petty misdemeanor and shall, upon conviction, be sentenced to a fine of not more than five hundred dollars ($500.00), or imprisonment for a period of not more than ninety (90) days, or both, for each violation.

 

SECTION 5.   SEVERABILITY

 

The provisions of this Ordinance shall be deemed to be severable, and should any section, paragraph or other provision hereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this Act as a whole or any part hereof, other than the part so declared to be unconstitutional or invalid.

 

SECTION 6   EFFECTIVE DATE

 

This Ordinance shall become effective five days after adoption and publication as provided by law.

 

PASSED, ADOPTED, AND APPROVED this 5th day of November, 1996.