[Rev. 11/21/2013 11:51:56
AM--2013]
CHAPTER 455B - RECREATIONAL PARKS
AMUSEMENT PARKS
NRS 455B.010 Definitions.
NRS 455B.020 Operators:
Duty to ensure safety of passengers.
NRS 455B.030 Operators:
Posting and maintenance of certain signs.
NRS 455B.040 Passengers:
Duties.
NRS 455B.050 Passengers:
Prohibited conduct generally.
NRS 455B.060 Passengers:
Prohibited manipulation of amusement ride.
NRS 455B.070 Passengers:
Persons deemed trespassers; access to controls of amusement ride; assumption of
risks.
NRS 455B.080 Use
of alcohol or controlled substance by passenger: Prohibition; authority of
agent of operator.
NRS 455B.090 Reporting
of personal injuries sustained on amusement ride.
NRS 455B.100 Effect
of provisions governing amusement parks on local ordinances.
SKATEBOARD PARKS
NRS 455B.200 Definitions.
NRS 455B.210 “Roller
skate” defined.
NRS 455B.220 “Scooter”
defined.
NRS 455B.230 “Skateboard”
defined.
NRS 455B.240 “Skateboard
park” defined.
NRS 455B.250 “Skateboard
park operator” defined.
NRS 455B.260 Prohibited
conduct generally.
NRS 455B.270 Duties
of person using skateboard park.
NRS 455B.280 Reporting
of personal injury sustained while using skateboard park; liability of
skateboard park operator; duty to minimize dangers.
NRS 455B.290 Use
of skateboard park while intoxicated or under influence of controlled substance
prohibited; information to be reported when collision or accident results in
injury to another person; penalty.
NRS 455B.300 Effect
of provisions governing skateboard parks on local ordinances.
RECREATION AREAS
NRS 455B.400 Definitions.
NRS 455B.405 “Operator”
defined.
NRS 455B.410 “Recreation
area” defined.
NRS 455B.415 “Trailhead”
defined.
NRS 455B.420 “Water
access area” defined.
NRS 455B.430 Prohibited
conduct generally.
NRS 455B.440 Duties
of person using recreation area.
NRS 455B.450 Persons
deemed trespassers; reporting of personal injury sustained while using
recreation area; limitation on liability of operator and owner of private
property; duty to minimize known dangers; posting of signs that provide certain
information.
NRS 455B.460 Entering
or using recreation area while intoxicated or under influence of controlled
substance prohibited; exception; authority of operator or agent to prohibit
entrance or use of recreation area by person under influence of alcohol,
prescription drugs or controlled substance.
NRS 455B.470 Information
to be reported when collision or accident results in injury to another person;
penalty for failure to report such information.
NRS 455B.480 Revocation
of license or privilege to use recreation area.
NRS 455B.490 Effect
of provisions governing recreation areas on local ordinances and laws and
regulations of this State.
_________
AMUSEMENT PARKS
NRS 455B.010 Definitions. As used
in NRS 455B.010 to 455B.100,
inclusive, unless the context otherwise requires:
1. “Amusement park” means any permanent
facility or park where amusement rides are available for use by the public.
2. “Amusement ride” or “ride” means any
type of ride, including, without limitation, any mechanical or aquatic device
which carries passengers over a fixed or restricted route primarily for the
passengers’ amusement. The terms include any ride propelled by its passengers
or gravity if it is located in an amusement park.
3. “Operator” means a person who owns,
leases, manages or operates an amusement park.
4. “Passenger” means a person using an
amusement ride.
(Added to NRS by 1993, 1331; A 2001, 2776)
NRS 455B.020 Operators: Duty to ensure safety of passengers. An operator shall take all measures reasonably
necessary to ensure the safety of the passengers in constructing, maintaining,
operating and supervising an amusement ride.
(Added to NRS by 1993, 1332)
NRS 455B.030 Operators: Posting and maintenance of certain signs.
1. An operator shall prominently post and
maintain in at least five conspicuous locations in the amusement park,
including each entrance, exit, station for reporting an injury and first-aid
station, signs that:
(a) Indicate the responsibilities of operators
and passengers pursuant to the provisions of NRS
455B.010 to 455B.100, inclusive.
(b) Inform passengers of the location of stations
for reporting accidents.
2. An operator shall prominently post and
maintain signs in simple and concise language at or near points where
passengers embark upon an amusement ride, directing persons who are not
familiar with the operation of the ride to ask an authorized agent or employee
of the operator for assistance and instruction.
(Added to NRS by 1993, 1332; A 2001, 2776)
NRS 455B.040 Passengers: Duties. A
passenger shall, to the extent that the matter is within the passenger’s
control:
1. Locate and ascertain the meaning of
signs in the vicinity of the passenger posted pursuant to NRS 455B.030;
2. Heed warnings and other information
posted by an operator or announced by an authorized agent or employee of an
operator; and
3. Conduct himself or herself in such a
manner as to avoid injury to persons and property in an amusement park.
(Added to NRS by 1993, 1332)
NRS 455B.050 Passengers: Prohibited conduct generally. A passenger shall not:
1. Embark upon an amusement ride when the
passenger knows that he or she has insufficient knowledge or physical ability
to use the ride safely;
2. Purposefully embark upon or disembark
from an amusement ride, except at the time and area designated for such a
purpose or at the direction and under the direct supervision of an authorized
agent or employee of an operator;
3. Toss, throw or cast or intentionally
drop, expel or eject an object from an amusement ride;
4. Toss, throw or cast an object in the
direction of an amusement ride;
5. Fail or refuse to comply with
instructions given to the passenger by an authorized agent or employee of an
operator regarding the use of an amusement ride; or
6. Conduct himself or herself in a manner
that could interfere with the safe operation of an amusement ride or with the
safety of another passenger.
(Added to NRS by 1993, 1332)
NRS 455B.060 Passengers: Prohibited manipulation of amusement ride.
1. When using an amusement ride that
requires a passenger to steer or control the ride in some manner, a passenger
shall not steer or control the ride in a manner which intentionally harms
another.
2. A passenger shall not disable or
attempt to disable any safety or restraining device.
3. A passenger shall not alter or enhance
the intended speed, course or direction of an amusement ride.
(Added to NRS by 1993, 1332)
NRS 455B.070 Passengers: Persons deemed trespassers; access to controls of
amusement ride; assumption of risks.
1. A person who boards an amusement ride
without authority or without paying the appropriate consideration shall be
deemed to be a trespasser.
2. A passenger shall not attempt to gain
access to the controls of an amusement ride designed to be operated by an
authorized employee or agent of an operator.
3. A passenger who has attained the age of
13 years shall be deemed to have knowledge of and assume the inherent risks of
an amusement ride to the extent that as those risks are open and obvious to the
reasonable person.
(Added to NRS by 1993, 1333)
NRS 455B.080 Use of alcohol or controlled substance by passenger:
Prohibition; authority of agent of operator.
1. A passenger shall not embark on an
amusement ride while intoxicated or under the influence of a controlled
substance, unless in accordance with:
(a) A prescription lawfully issued to the person;
or
(b) The provisions of chapter 453A of NRS.
2. An authorized agent or employee of an
operator may prohibit a passenger from boarding an amusement ride if he or she
reasonably believes that the passenger is under the influence of alcohol,
prescription drugs or a controlled substance. An agent or employee of an
operator is not civilly or criminally liable for prohibiting a passenger from boarding
an amusement ride pursuant to this subsection.
(Added to NRS by 1993, 1332; A 2001, 3070)
NRS 455B.090 Reporting of personal injuries sustained on amusement ride.
1. A passenger who sustains a personal
injury on a ride shall make a written report concerning the details of the
incident, unless the injuries are so severe that they prevent the passenger
from being able to make such a report.
2. An operator shall ensure that there are
designated stations to report any injuries which occur. The stations must be
staffed during regular business hours. The location of any such stations must
be included in the notices posted pursuant to subsection 1 of NRS 455B.030.
3. A report filed pursuant to this section
must contain:
(a) The name and address of the person injured;
(b) A brief description of the incident;
(c) The cause of the injury, if known; and
(d) The names and addresses of any witnesses to
the incident.
4. If the injured person is unable to file
a report because of the severity of the person’s injuries, the report must be
filed as soon as practicable, but in no event later than 120 days after the
incident.
5. Reports filed pursuant to this section
must be maintained by the operator for at least 3 years after the date of the
injury described in the report and must be available for inspection by the
injured person or the authorized agent of the injured person during regular
business hours.
(Added to NRS by 1993, 1333)
NRS 455B.100 Effect of provisions governing amusement parks on local
ordinances. The provisions of NRS 455B.010 to 455B.100,
inclusive, do not prohibit a county, city or unincorporated town from adopting
ordinances that regulate amusement parks which are consistent with the
provisions of NRS 455B.010 to 455B.100, inclusive.
(Added to NRS by 1993, 1333; A 2001, 2777)
SKATEBOARD PARKS
NRS 455B.200 Definitions. As
used in NRS 455B.200 to 455B.300,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 455B.210 to 455B.250,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2775)
NRS 455B.210 “Roller skate” defined. “Roller
skate” means a tandem or in-line set of wheels mounted on a frame that can be
fitted to the sole of a shoe or a shoe mounted on a tandem or in-line set of
wheels.
(Added to NRS by 2001, 2775)
NRS 455B.220 “Scooter” defined. “Scooter”
means a tandem or in-line set of wheels mounted on a board or frame with a
steering handle which is not propelled by a motor.
(Added to NRS by 2001, 2775)
NRS 455B.230 “Skateboard” defined. “Skateboard”
means a tandem or in-line set of wheels mounted on a board.
(Added to NRS by 2001, 2775)
NRS 455B.240 “Skateboard park” defined. “Skateboard
park” means a park or part of a park with paths, slopes, structures, jumps and
other areas open to the public that are designated for use with a skateboard,
roller skates, a bicycle or a scooter.
(Added to NRS by 2001, 2775)
NRS 455B.250 “Skateboard park operator” defined. “Skateboard
park operator” means an agency or political subdivision of this state that
owns, controls, operates or manages a skateboard park.
(Added to NRS by 2001, 2775)
NRS 455B.260 Prohibited conduct generally. A
person shall not:
1. Fail or refuse to comply with:
(a) Reasonable instructions provided by an
authorized agent or employee of a skateboard park operator regarding the use of
the skateboard park; or
(b) Rules concerning safety that are posted on a
sign in a conspicuous place by a skateboard park operator;
2. Intentionally place, drop or throw any
object in the path of a user of a skateboard park or on the surface of a
skateboard park; or
3. Conduct himself or herself in a manner
that interferes with the safe operation of a skateboard park or with the safety
of other users of a skateboard park.
(Added to NRS by 2001, 2775)
NRS 455B.270 Duties of person using skateboard park. A
person using a skateboard park shall, to the extent possible:
1. Locate and ascertain the meaning of any
sign that is posted in or near the skateboard park by the skateboard park
operator;
2. Heed warnings and other information
posted by the skateboard park operator;
3. Avoid impeding or colliding with other
skateboarders, roller skaters, bicyclists and operators of scooters when
entering any part of the skateboard park and when commencing to skateboard,
roller skate, ride a bicycle or operate a scooter from a stationary position;
4. Maintain a proper awareness and control
of the person’s speed to avoid colliding with objects and other users of the
skateboard park; and
5. Conduct himself or herself in such a
manner as to avoid injury to persons and property in the skateboard park.
(Added to NRS by 2001, 2775)
NRS 455B.280 Reporting of personal injury sustained while using skateboard
park; liability of skateboard park operator; duty to minimize dangers.
1. A person who sustains a personal injury
while the person is using a skateboard park shall notify the skateboard park
operator or an authorized agent or employee of the operator of the injury as
soon as reasonably possible.
2. A skateboard park operator is not
liable for the death or injury of a person or for damage to property caused or
sustained by a person using a skateboard park who knowingly enters an area
which is not designated for use with a skateboard, roller skates, a bicycle or
a scooter.
3. A skateboard park operator shall take
reasonable steps to minimize dangers and conditions within the operator’s
control.
(Added to NRS by 2001, 2776)
NRS 455B.290 Use of skateboard park while intoxicated or under influence of
controlled substance prohibited; information to be reported when collision or
accident results in injury to another person; penalty.
1. A person shall not enter or use a
skateboard park to skateboard, roller skate, ride a bicycle or operate a
scooter while intoxicated or under the influence of a controlled substance,
unless in accordance with a lawfully issued prescription.
2. A person using a skateboard park who is
involved in a collision or an accident in which another person is injured shall
provide his or her name and current address to the injured person and the
skateboard park operator or an authorized agent or employee of the operator:
(a) Before the person leaves the vicinity of the
collision or accident; or
(b) As soon as reasonably possible after leaving
the vicinity of the collision or accident to secure aid for the injured person.
3. A person who violates a provision of
this section is guilty of a misdemeanor.
(Added to NRS by 2001, 2776)
NRS 455B.300 Effect of provisions governing skateboard parks on local
ordinances. The provisions of NRS 455B.200 to 455B.300,
inclusive, do not prohibit a county, city or town from adopting ordinances that
regulate skateboard parks which are consistent with the provisions of NRS 455B.200 to 455B.280,
inclusive.
(Added to NRS by 2001, 2776)
RECREATION AREAS
NRS 455B.400 Definitions. As
used in NRS 455B.400 to 455B.490,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 455B.405 to 455B.420,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 834)
NRS 455B.405 “Operator” defined. “Operator”
means a government, governmental agency or political subdivision of a
government that owns, controls, operates or manages a recreation area.
(Added to NRS by 2007, 834)
NRS 455B.410 “Recreation area” defined. “Recreation
area” means a trailhead or water access area. The term does not include:
1. A snow recreation area as defined in NRS 455A.083; or
2. A skateboard park as defined in NRS 455B.240.
(Added to NRS by 2007, 834)
NRS 455B.415 “Trailhead” defined. “Trailhead”
means the beginning point of a trail, including, without limitation, any
facility for parking, water or sanitation that is available for use at that
point.
(Added to NRS by 2007, 834)
NRS 455B.420 “Water access area” defined. “Water
access area” includes, without limitation, a beach, river entry or exit point
and land located at or below the ordinary high-water mark of a navigable body
of water within this State.
(Added to NRS by 2007, 834)
NRS 455B.430 Prohibited conduct generally. A
person shall not:
1. Fail or refuse to comply with:
(a) Reasonable instructions provided by an
operator or an authorized agent or employee of an operator regarding the use of
a recreation area; or
(b) Rules concerning safety that are posted on a
sign in a conspicuous place by an operator;
2. Intentionally place, drop or throw any
object in the path of a user of a recreation area;
3. Conduct himself or herself in a manner
that interferes with the safe operation of a recreation area or with the safety
of other users of a recreation area; or
4. Trespass on any private property
located in or adjacent to a recreation area.
(Added to NRS by 2007, 834)
NRS 455B.440 Duties of person using recreation area.
1. A person using a recreation area shall,
to the extent possible:
(a) Locate and ascertain:
(1) The meaning of any sign that is posted
in or near the recreation area by the operator of the recreation area; and
(2) The boundaries of all private property
adjoining the recreation area;
(b) Heed warnings and other information posted by
the operator of the recreation area;
(c) Conduct himself or herself in such a manner
as to avoid injury to persons and damage to property in the recreation area;
(d) Familiarize himself or herself with the
natural conditions of the recreation area and any resulting dangerous
conditions in the recreation area and any private property located in or adjacent
to the recreation area; and
(e) Familiarize himself or herself with any
dangerous conditions relating to an irrigation system in or near the recreation
area.
2. A person using a recreation area shall
not tamper with or alter an irrigation system or any part of an irrigation
system in the recreation area.
(Added to NRS by 2007, 834)
NRS 455B.450 Persons deemed trespassers; reporting of personal injury
sustained while using recreation area; limitation on liability of operator and
owner of private property; duty to minimize known dangers; posting of signs
that provide certain information.
1. A person who enters a recreation area
unlawfully shall be deemed to be a trespasser.
2. A person who sustains a personal injury
while the person is using a recreation area shall notify the operator or an
authorized agent or employee of the operator of the injury as soon as reasonably
possible.
3. Except as otherwise provided by law, an
operator or an owner of private property is not liable for the death or injury
of a person or for damage to property caused or sustained by a person using a
recreation area if the person knowingly enters an area which is located outside
the recreation area.
4. An operator shall take reasonable steps
to minimize known dangers and conditions of trailheads and water access areas
within the operator’s control.
5. An operator shall post signs in conspicuous
places or provide other information at trailheads and water access areas that:
(a) Identify the boundaries of the recreation
area and immediately adjacent private property;
(b) Prescribe rules concerning safety, conduct
and use; and
(c) Provide warnings about known dangerous
conditions and potential hazards.
(Added to NRS by 2007, 835)
NRS 455B.460 Entering or using recreation area while intoxicated or under
influence of controlled substance prohibited; exception; authority of operator
or agent to prohibit entrance or use of recreation area by person under
influence of alcohol, prescription drugs or controlled substance.
1. A person shall not enter or use a
recreation area while intoxicated or under the influence of a controlled
substance, unless in accordance with:
(a) A prescription lawfully issued to the person;
or
(b) The provisions of chapter 453A of NRS.
2. An operator or an authorized agent or
employee of an operator may prohibit a person from entering or using a
recreation area if he or she reasonably believes that the person is under the
influence of alcohol, prescription drugs or a controlled substance. An operator
or an authorized agent or employee of an operator is not civilly or criminally
liable for prohibiting a person from entering or using a recreation area
pursuant to this subsection.
(Added to NRS by 2007, 835)
NRS 455B.470 Information to be reported when collision or accident results in
injury to another person; penalty for failure to report such information.
1. A person using a recreation area who is
involved in a collision or an accident in which another person is injured shall
provide his or her name and current address to the injured person and the
operator or an authorized agent or employee of the operator:
(a) Before the person leaves the vicinity of the
collision or accident; or
(b) As soon as reasonably possible after leaving
the vicinity of the collision or accident to secure aid for the injured person.
2. A person who violates a provision of
this section is guilty of a misdemeanor.
(Added to NRS by 2007, 835)
NRS 455B.480 Revocation of license or privilege to use recreation area. An operator may revoke the license or
privilege of a person to use a recreation area if the person violates any
provision of NRS 455B.400 to 455B.490, inclusive.
(Added to NRS by 2007, 835)
NRS 455B.490 Effect of provisions governing recreation areas on local
ordinances and laws and regulations of this State. The
provisions of NRS 455B.400 to 455B.490, inclusive:
1. Do not prohibit a county, city or
unincorporated town from adopting ordinances that regulate a recreation area
which are consistent with the provisions of NRS
455B.400 to 455B.490, inclusive.
2. Are in addition to any provision of chapter 407 of NRS or any regulation adopted
pursuant to that chapter that is applicable to a recreation area.
(Added to NRS by 2007, 835)
