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Home My WebLink About1990- 3 Amending Title 8 of Health and Safety of the Vail Municipal Code by the Addition of Chapter 8.36 Skier Safety~.. i • • ORDINANCE NO. 3 Series of 1990 AN ORDINANCE AMENDING TITLE $ OF HEALTH AND SAFETY OE THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF CHAPTER 8.36 SKIER SAFETY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail feels it is important to the health, safety and welfare of all skiers using ski slopes within the Town of Vail to enact legislation setting forth the duties and obligations of such skiers. NOW, THEREFORE, B£ TT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: Chapter 8 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 8.36 SKIER SAFETY to read as follows: 1. 8.36 SKIER SAFETY 8.36.010 PURP05E The Town Council declares that it is in the interest of the Tawn to establish reasonable safety standards far skiers using ski areas within the Town. 8.36.020 DEFINITION For the purposes of this Ordinance, "skier" shall mean any person on alpine skis, te1emark skis, or snowboards. 8.36.030 SKIER DUTIES A. Each skier solely has the responsibility for knowing the range of his awn ability to negotiate any ski slope ar trail and to ski within the limits of such ability. B. Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him. Tt is presumed, unless shown to the contrary by a preponderance of the evidence, that the responsibility for collisions by skiers with any person, natural object, or man-made structure that is marked is solely that of the skier or skiers involved and not that of the ski area operator. C. Na skier shall ski on a ski slope or trail that has been posted as "Closed". D. Each skier shall stay clear of snow°grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails. E. Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this ordinance near base area lifts, an the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted. F. Each ski, snowboard, or telemarking ski used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard became unattached from the skier. G. Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail. H. No person shall move uphill on any passenger tramway or use any ski slope or trail while such person's ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in Section 12-22-303(7}, C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in Section 12-22-303(7}, C.R.S., or other drug. I. No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his name and current address to an employee of the ski area operator except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his name and current address as required by the subsection I after securing such aid. J. No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator. 8.36.040 PENALTIES Any person who violates any of the provisions of subsection B, C, E, F, G, !~, I, or J of this Section is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500) and a jail sentence of not more than ninety (90) days. Any person under the age of eighteen (18) who violates any of the above listed provisions of this Section is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500}. -2- • - • • .~ ~. If any part, section, subsection, sentence, clause or phrase of this prdinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid, 3. The Tawn Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 6th day of February , I.990, and a public hearing shall be held on this Ordinance on the 6th day of February 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of February 1990. ~ Qom( Kent R. Rose, Mayor t ATTEST: J9 • ~cftC.Q~iNI.U.I ~~ Parrrela A. Brandmeyer, Town Clerk -3- f INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ,i~,,P~. this 2d~-h day of ~P.~)ht~~1r~A 1990. Kent R. Rose, Mayor ATTEST: ~~~ ~ Pamela A. 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