(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 482–Committee on Human
Resources and Facilities

 

(On Behalf of Nevada Association of Counties)

 

March 26, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Establishes prohibited and required conduct of person who uses skateboard park. (BDR 40‑415)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to skateboard parks; prohibiting a person who uses a skateboard park from engaging in certain conduct; requiring such a person to follow certain safety requirements; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 455B of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 12, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 12, inclusive, of this act, unless the

1-4  context otherwise requires, the words and terms defined in sections 3 to

1-5  7, inclusive, of this act have the meanings ascribed to them in those

1-6  sections.

1-7    Sec. 3.  “Roller skate” means a tandem or in-line set of wheels

1-8  mounted on a frame that can be fitted to the sole of a shoe or a shoe

1-9  mounted on a tandem or in-line set of wheels.

1-10    Sec. 4.  “Scooter” means a tandem or in-line set of wheels mounted

1-11  on a board or frame with a steering handle which is not propelled by a

1-12  motor.

1-13    Sec. 5.  “Skateboard” means a tandem or in-line set of wheels

1-14  mounted on a board.

1-15    Sec. 6.  “Skateboard park” means a park or part of a park with

1-16  paths, slopes, structures, jumps and other areas open to the public that

1-17  are designated for use with a skateboard, roller skates, a bicycle or a

1-18  scooter.

2-1    Sec. 7.  “Skateboard park operator” means an agency or political

2-2  subdivision of this state that owns, controls, operates or manages a

2-3  skateboard park.

2-4    Sec. 8.  A person shall not:

2-5    1.  Use any facility of a skateboard park if he knows that he has

2-6  insufficient knowledge, skill or physical ability to use the facility safely;

2-7    2.  Fail or refuse to comply with:

2-8    (a) Reasonable instructions provided by an authorized agent or

2-9  employee of a skateboard park operator regarding the use of the

2-10  skateboard park; or

2-11    (b) Rules concerning safety that are posted on a sign in a conspicuous

2-12  place by a skateboard park operator;

2-13    3.  Intentionally place, drop or throw any object in the path of a user

2-14  of a skateboard park or on the surface of a skateboard park; or

2-15    4.  Conduct himself in a manner that interferes with the safe

2-16  operation of a skateboard park or with the safety of other users of a

2-17  skateboard park.

2-18    Sec. 9.  A person using a skateboard park shall, to the extent

2-19  possible:

2-20    1.  Locate and ascertain the meaning of any sign that is posted in or

2-21  near the skateboard park by the skateboard park operator;

2-22    2.  Heed warnings and other information posted by the skateboard

2-23  park operator;

2-24    3.  Avoid impeding or colliding with other skateboarders, roller

2-25  skaters, bicyclists and operators of scooters when entering any part of the

2-26  skateboard park and when commencing to skateboard, roller skate, ride a

2-27  bicycle or operate a scooter from a stationary position;

2-28    4.  Maintain a proper awareness and control of his speed to avoid

2-29  colliding with objects and other users of the skateboard park; and

2-30    5.  Conduct himself in such a manner as to avoid injury to persons

2-31  and property in the skateboard park.

2-32    Sec. 10.  1.  A person who sustains a personal injury while he is

2-33  using a skateboard park shall notify the skateboard park operator or an

2-34  authorized agent or employee of the operator of the injury as soon as

2-35  reasonably possible.

2-36    2.  A skateboard park operator is not liable for the death or injury of

2-37  a person or for damage to property caused or sustained by a person using

2-38  a skateboard park who knowingly enters an area which is not designated

2-39  for use with a skateboard, roller skates, a bicycle or a scooter.

2-40    3.  A skateboard park operator shall take reasonable steps to

2-41  minimize dangers and conditions within his control.

2-42    Sec. 11.  1.  A person shall not enter or use a skateboard park to

2-43  skateboard, roller skate, ride a bicycle or operate a scooter while

2-44  intoxicated or under the influence of a controlled substance, unless in

2-45  accordance with a lawfully issued prescription.

2-46    2.  A person using a skateboard park who is involved in a collision or

2-47  an accident in which another person is injured shall provide his name

2-48  and current address to the injured person and the skateboard park

2-49  operator or an authorized agent or employee of the operator:

3-1    (a) Before he leaves the vicinity of the collision or accident; or

3-2    (b) As soon as reasonably possible after leaving the vicinity of the

3-3  collision or accident to secure aid for the injured person.

3-4    3.  A person who violates a provision of this section is guilty of a

3-5  misdemeanor.

3-6    Sec. 12.  The provisions of sections 2 to 12, inclusive, of this act do

3-7  not prohibit a county, city or town from adopting ordinances that

3-8  regulate skateboard parks which are consistent with the provisions of

3-9  sections 2 to 10, inclusive, of this act.

3-10    Sec. 13.  NRS 455B.010 is hereby amended to read as follows:

3-11    455B.010  As used in [this chapter,] NRS 455B.010 to 455B.100,

3-12  inclusive, unless the context otherwise requires:

3-13    1.  “Amusement park” means any permanent facility or park where

3-14  amusement rides are available for use by the public.

3-15    2.  “Amusement ride” or “ride” means any type of ride including,

3-16  without limitation, any mechanical or aquatic device which carries

3-17  passengers over a fixed or restricted route primarily for the passengers’

3-18  amusement. The terms include any ride propelled by its passengers or

3-19  gravity if it is located in an amusement park.

3-20    3.  “Operator” means a person who owns, leases, manages or operates

3-21  an amusement park.

3-22    4.  “Passenger” means a person using an amusement ride.

3-23    Sec. 14.  NRS 455B.030 is hereby amended to read as follows:

3-24    455B.030  1.  An operator shall prominently post and maintain in at

3-25  least five conspicuous locations in the amusement park, including each

3-26  entrance, exit, station for reporting an injury and first aid station, signs that:

3-27    (a) Indicate the responsibilities of operators and passengers pursuant to

3-28  [this chapter.] the provisions of NRS 455B.010 to 455B.100, inclusive.

3-29    (b) Inform passengers of the location of stations for reporting accidents.

3-30    2.  An operator shall prominently post and maintain signs in simple and

3-31  concise language at or near points where passengers embark upon an

3-32  amusement ride, directing persons who are not familiar with the operation

3-33  of the ride to ask an authorized agent or employee of the operator for

3-34  assistance and instruction.

3-35    Sec. 15.  NRS 455B.100 is hereby amended to read as follows:

3-36    455B.100  [This chapter does] The provisions of NRS 455B.010 to

3-37  455B.100, inclusive, do not prohibit a county, city or unincorporated town

3-38  from adopting ordinances that regulate amusement parks which are

3-39  consistent with the provisions of [this chapter.] NRS 455B.010 to

3-40  455B.100, inclusive.

3-41    Sec. 16.  The amendatory provisions of this act do not apply to

3-42  offenses committed before July 1, 2001.

3-43    Sec. 17.  This act becomes effective on July 1, 2001.

 

3-44  H