2005 Nevada Revised Statutes - Chapter 455B — Recreational Parks

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 ofrisks.

NRS 455B.080 Useof alcohol or controlled substance by passenger: Prohibition; authority ofagent of operator.

NRS 455B.090 Reportingof personal injuries sustained on amusement ride.

NRS 455B.100 Effectof provisions governing amusement parks on local ordinances.

SKATEBOARD PARKS

NRS 455B.200 Definitions.

NRS 455B.210 Rollerskate defined.

NRS 455B.220 Scooterdefined.

NRS 455B.230 Skateboarddefined.

NRS 455B.240 Skateboardpark defined.

NRS 455B.250 Skateboardpark operator defined.

NRS 455B.260 Prohibitedconduct generally.

NRS 455B.270 Dutiesof person using skateboard park.

NRS 455B.280 Reportingof personal injury sustained while using skateboard park; liability ofskateboard park operator; duty to minimize dangers.

NRS 455B.290 Useof skateboard park while intoxicated or under influence of controlled substanceprohibited; information to be reported when collision or accident results ininjury to another person; penalty.

NRS 455B.300 Effectof provisions governing skateboard parks on local ordinances.

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AMUSEMENT PARKS

NRS 455B.010 Definitions. As used in NRS455B.010 to 455B.100, inclusive,unless the context otherwise requires:

1. Amusement park means any permanent facility orpark 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 carriespassengers over a fixed or restricted route primarily for the passengersamusement. The terms include any ride propelled by its passengers or gravity ifit is located in an amusement park.

3. Operator means a person who owns, leases, managesor 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 operatorshall take all measures reasonably necessary to ensure the safety of the passengersin 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 inat least five conspicuous locations in the amusement park, including eachentrance, exit, station for reporting an injury and first-aid station, signsthat:

(a) Indicate the responsibilities of operators andpassengers pursuant to the provisions of NRS455B.010 to 455B.100, inclusive.

(b) Inform passengers of the location of stations forreporting accidents.

2. An operator shall prominently post and maintainsigns in simple and concise language at or near points where passengers embarkupon an amusement ride, directing persons who are not familiar with theoperation of the ride to ask an authorized agent or employee of the operatorfor assistance and instruction.

(Added to NRS by 1993, 1332; A 2001, 2776)

NRS 455B.040 Passengers:Duties. A passenger shall, to the extent thatthe matter is within his control:

1. Locate and ascertain the meaning of signs in hisvicinity posted pursuant to NRS 455B.030;

2. Heed warnings and other information posted by anoperator or announced by an authorized agent or employee of an operator; and

3. Conduct himself in such a manner as to avoid injuryto persons and property in an amusement park.

(Added to NRS by 1993, 1332)

NRS 455B.050 Passengers:Prohibited conduct generally. A passengershall not:

1. Embark upon an amusement ride when he knows that hehas insufficient knowledge or physical ability to use the ride safely;

2. Purposefully embark upon or disembark from anamusement ride, except at the time and area designated for such a purpose or atthe direction and under the direct supervision of an authorized agent oremployee of an operator;

3. Toss, throw or cast or intentionally drop, expel oreject an object from an amusement ride;

4. Toss, throw or cast an object in the direction ofan amusement ride;

5. Fail or refuse to comply with instructions given tohim by an authorized agent or employee of an operator regarding the use of anamusement ride; or

6. Conduct himself in a manner that could interferewith the safe operation of an amusement ride or with the safety of anotherpassenger.

(Added to NRS by 1993, 1332)

NRS 455B.060 Passengers:Prohibited manipulation of amusement ride.

1. When using an amusement ride that requires apassenger to steer or control the ride in some manner, a passenger shall notsteer or control the ride in a manner which intentionally harms another.

2. A passenger shall not disable or attempt to disableany safety or restraining device.

3. A passenger shall not alter or enhance the intendedspeed, 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 ofrisks.

1. A person who boards an amusement ride withoutauthority or without paying the appropriate consideration shall be deemed to bea trespasser.

2. A passenger shall not attempt to gain access to thecontrols of an amusement ride designed to be operated by an authorized employeeor agent of an operator.

3. A passenger who has attained the age of 13 yearsshall be deemed to have knowledge of and assume the inherent risks of anamusement ride to the extent that as those risks are open and obvious to thereasonable person.

(Added to NRS by 1993, 1333)

NRS 455B.080 Useof alcohol or controlled substance by passenger: Prohibition; authority ofagent of operator.

1. A passenger shall not embark on an amusement ridewhile intoxicated or under the influence of a controlled substance, unless inaccordance with:

(a) A prescription lawfully issued to the person; or

(b) The provisions of chapter453A of NRS.

2. An authorized agent or employee of an operator mayprohibit a passenger from boarding an amusement ride if he reasonably believesthat the passenger is under the influence of alcohol, prescription drugs or acontrolled substance. An agent or employee of an operator is not civilly orcriminally liable for prohibiting a passenger from boarding an amusement ridepursuant to this subsection.

(Added to NRS by 1993, 1332; A 2001, 3070)

NRS 455B.090 Reportingof personal injuries sustained on amusement ride.

1. A passenger who sustains a personal injury on aride shall make a written report concerning the details of the incident, unlessthe injuries are so severe that they prevent the passenger from being able tomake such a report.

2. An operator shall ensure that there are designatedstations to report any injuries which occur. The stations must be staffedduring regular business hours. The location of any such stations must beincluded in the notices posted pursuant to subsection 1 of NRS 455B.030.

3. A report filed pursuant to this section mustcontain:

(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 theincident.

4. If the injured person is unable to file a reportbecause of the severity of his injuries, the report must be filed as soon aspracticable, but in no event later than 120 days after the incident.

5. Reports filed pursuant to this section must bemaintained by the operator for at least 3 years after the date of the injurydescribed in the report and must be available for inspection by the injuredperson or his authorized agent during regular business hours.

(Added to NRS by 1993, 1333)

NRS 455B.100 Effectof provisions governing amusement parks on local ordinances. The provisions of NRS455B.010 to 455B.100, inclusive,do not prohibit a county, city or unincorporated town from adopting ordinancesthat 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 NRS455B.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 meaningsascribed to them in those sections.

(Added to NRS by 2001, 2775)

NRS 455B.210 Rollerskate defined. Roller skate means a tandemor in-line set of wheels mounted on a frame that can be fitted to the sole of ashoe or a shoe mounted on a tandem or in-line set of wheels.

(Added to NRS by 2001, 2775)

NRS 455B.220 Scooterdefined. Scooter means a tandem or in-lineset of wheels mounted on a board or frame with a steering handle which is notpropelled by a motor.

(Added to NRS by 2001, 2775)

NRS 455B.230 Skateboarddefined. Skateboard means a tandem orin-line set of wheels mounted on a board.

(Added to NRS by 2001, 2775)

NRS 455B.240 Skateboardpark defined. Skateboard park means a parkor part of a park with paths, slopes, structures, jumps and other areas open tothe public that are designated for use with a skateboard, roller skates, a bicycleor a scooter.

(Added to NRS by 2001, 2775)

NRS 455B.250 Skateboardpark operator defined. Skateboard parkoperator 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 Prohibitedconduct generally. A person shall not:

1. Fail or refuse to comply with:

(a) Reasonable instructions provided by an authorizedagent or employee of a skateboard park operator regarding the use of theskateboard park; or

(b) Rules concerning safety that are posted on a signin a conspicuous place by a skateboard park operator;

2. Intentionally place, drop or throw any object inthe path of a user of a skateboard park or on the surface of a skateboard park;or

3. Conduct himself in a manner that interferes withthe safe operation of a skateboard park or with the safety of other users of askateboard park.

(Added to NRS by 2001, 2775)

NRS 455B.270 Dutiesof person using skateboard park. A personusing a skateboard park shall, to the extent possible:

1. Locate and ascertain the meaning of any sign thatis posted in or near the skateboard park by the skateboard park operator;

2. Heed warnings and other information posted by theskateboard park operator;

3. Avoid impeding or colliding with otherskateboarders, roller skaters, bicyclists and operators of scooters whenentering 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 hisspeed to avoid colliding with objects and other users of the skateboard park;and

5. Conduct himself in such a manner as to avoid injuryto persons and property in the skateboard park.

(Added to NRS by 2001, 2775)

NRS 455B.280 Reportingof personal injury sustained while using skateboard park; liability ofskateboard park operator; duty to minimize dangers.

1. A person who sustains a personal injury while he isusing a skateboard park shall notify the skateboard park operator or anauthorized agent or employee of the operator of the injury as soon asreasonably possible.

2. A skateboard park operator is not liable for thedeath or injury of a person or for damage to property caused or sustained by aperson using a skateboard park who knowingly enters an area which is notdesignated for use with a skateboard, roller skates, a bicycle or a scooter.

3. A skateboard park operator shall take reasonablesteps to minimize dangers and conditions within his control.

(Added to NRS by 2001, 2776)

NRS 455B.290 Useof skateboard park while intoxicated or under influence of controlled substanceprohibited; information to be reported when collision or accident results ininjury to another person; penalty.

1. A person shall not enter or use a skateboard parkto skateboard, roller skate, ride a bicycle or operate a scooter whileintoxicated or under the influence of a controlled substance, unless inaccordance with a lawfully issued prescription.

2. A person using a skateboard park who is involved ina collision or an accident in which another person is injured shall provide hisname and current address to the injured person and the skateboard park operatoror an authorized agent or employee of the operator:

(a) Before he leaves the vicinity of the collision oraccident; or

(b) As soon as reasonably possible after leaving thevicinity of the collision or accident to secure aid for the injured person.

3. A person who violates a provision of this sectionis guilty of a misdemeanor.

(Added to NRS by 2001, 2776)

NRS 455B.300 Effectof provisions governing skateboard parks on local ordinances. The provisions of NRS455B.200 to 455B.300, inclusive,do not prohibit a county, city or town from adopting ordinances that regulateskateboard parks which are consistent with the provisions of NRS 455B.200 to 455B.280, inclusive.

(Added to NRS by 2001, 2776)

 

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