BILL REQ. #: H-1059.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/24/11. Referred to Committee on Environment.
AN ACT Relating to skiing in areas closed to skiing; amending RCW 79A.45.030; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 79A.45.030 and 1989 c 81 s 3 are each amended to read
as follows:
(1) In addition to the specific requirements of this section, all
skiers shall conduct themselves within the limits of their individual
ability and shall not act in a manner that may contribute to the injury
of themselves or any other person.
(2) No person shall:
(a) Embark or disembark upon a ski lift except at a designated
area;
(b) Throw or expel any object from any tramway, ski lift,
commercial skimobile, or other similar device while riding on the
device;
(c) Act in any manner while riding on a rope tow, wire rope tow, j-bar, t-bar, ski lift, or similar device that may interfere with the
proper or safe operation of the lift or tow;
(d) Willfully engage in any type of conduct which may injure any
person, or place any object in the uphill ski track which may cause
another to fall, while traveling uphill on a ski lift; or
(e) Cross the uphill track of a j-bar, t-bar, rope tow, wire rope
tow, or other similar device except at designated locations.
(3) Every person shall maintain control of his or her speed and
course at all times, and shall stay clear of any snowgrooming
equipment, any vehicle, any lift tower, and any other equipment on the
mountain.
(4) A person shall be the sole judge of his or her ability to
negotiate any trail, run, or uphill track and no action shall be
maintained against any operator by reason of the condition of the
track, trail, or run unless the condition results from the negligence
of the operator.
(5) Any person who boards a rope tow, wire rope tow, j-bar, t-bar,
ski lift, or other similar device shall be presumed to have sufficient
abilities to use the device. No liability shall attach to any operator
or attendant for failure to instruct the person on the use of the
device, but a person shall follow any written or verbal instructions
that are given regarding the use.
(6) Because of the inherent risks in the sport of skiing all
persons using the ski hill shall exercise reasonable care for their own
safety. However, the primary duty shall be on the person skiing
downhill to avoid any collision with any person or object below him or
her.
(7)(a) Any person skiing outside the confines of trails open for
skiing or runs open for skiing within the ski area boundary shall be
responsible for any injuries or losses resulting from his or her
action.
(b) A person shall not ski on a ski slope, trail, or area that is
designated by a ski area operator as closed to the public and that has
signs posted indicating the closure. Any person who violates the
provisions of this subsection commits a civil infraction and is subject
to a monetary penalty of up to one thousand dollars.
(i) A member of the national ski patrol who witnesses a violator
present in a closed area may conduct an investigation that includes
preparation of an incident report form and collection of evidence or
witness statements. Information pertaining to the violation may be
remitted within seven days to the sheriff of the county in which the
violation occurred or to the director of fish and wildlife.
(ii) The sheriff of the county in which the violation occurred or
a fish and wildlife officer as defined in RCW 77.08.010 may issue a
citation to a person who violates this subsection (7)(b).
(8) Any person on foot or on any type of sliding device shall be
responsible for any collision whether the collision is with another
person or with an object.
(9) A person embarking on a lift or tow without authority shall be
considered to be a trespasser.