167.33 (4) (ag) Markings. Each ski area operator shall mark hydrants, water pipes, and any other man-made structures on a ski area that are not readily visible to participants in a snow an alpine sport under conditions of ordinary visibility from a distance of at least 100 feet. A ski area operator may use any type of marker, including a wooden or bamboo pole, flag, or sign if the marker is visible from a distance of 100 feet and if the marker itself does not constitute a serious hazard to participants in a snow an alpine sport. Variations in steepness or terrain, whether natural or as a result of slope design, snowmaking, or grooming operations, including roads, catwalks, or other terrain modifications, are not man-made structures for the purpose of this paragraph.
168,35
Section
35. 167.33 (4) (b) 2. of the statutes is amended to read:
167.33 (4) (b) 2. If any vehicular grooming operations take place on a ski trail during hours in which a lift is being operated, the ski area operator shall close that trail to the public at the top entrance to the trail until the vehicular grooming operations are complete on that trail. If a groomer is traversing part of a ski area that is not part of a ski trail during hours in which a lift is being operated, the ski area operator shall provide an escort for the groomer or equip the groomer with emergency lights and an audible warning system to warn guests of the approaching groomer.
168,36
Section
36. 167.33 (5) (title) of the statutes is amended to read:
167.33 (5) (title) Duties of individuals engaged in snow alpine sports.
168,37
Section
37. 167.33 (5) (a) 13. of the statutes is amended to read:
167.33 (5) (a) 13. If involved in a collision with another participant in a snow an alpine sport that results in injury or death, not leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision. A person who leaves the scene of the collision for the purpose of securing aid shall give his or her name and current address after securing the aid.
168,38
Section
38. 167.33 (5) (b) 11. of the statutes is amended to read:
167.33 (5) (b) 11. If involved in a collision with another participant in a snow an alpine sport that results in injury or death, not leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision. A person who leaves the scene of the collision for the purpose of securing aid shall give his or her name and current address after securing the aid.
168,39
Section
39. 167.33 (5) (c) of the statutes is created to read:
167.33 (5) (c) Safety rules; biking. Each individual engaged in biking at a ski area has a duty to do all the following:
1. Obey all posted warnings and signs.
2. Keep out of closed areas.
3. Know the range of his or her ability and engage in biking within that ability.
4. Assess the difficulty of the trails and terrains, including natural and man-made features, that are open to biking. Where possible, walk the trail or features prior to biking.
5. Maintain control of his or her speed and direction.
6. Comply with any posted limits that are imposed on the type of bike or other equipment that may be ridden on a trail or portion of the ski area.
7. Be able to stop or avoid other individuals or objects.
8. Yield to other individuals engaged in biking who are ahead or who are down the slope.
9. Be able to safely board, ride, and deboard any lift serving an area open to biking.
10. Board and deboard a lift only at designated sites.
11. Look uphill and yield to oncoming bikes before leaving the bottom of the hill at the end of the run and upon entering a trail or slope.
12. If involved in a collision with another participant in an alpine sport that results in injury or death, remain in the vicinity of the collision until he or she gives his or her name and current address to an employee of the ski area operator or a member of the bike patrol, except to secure aid for a person injured in the collision. A person who leaves the vicinity in order to secure aid shall provide his or her name and current address after securing the aid.
168,40
Section
40. 895.525 (2) (b) of the statutes is amended to read:
895.525 (2) (b) "Recreational activity" means any activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" does not include participating in a snow an alpine sport at a ski area, as those terms are defined in s. 167.33, but includes hunting, fishing, trapping, camping, bowling, billiards, picnicking, exploring caves, nature study, dancing, bicycling that is not biking, as defined in s. 167.33 (1) (ar), horseback riding, horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, recreational aviation, as defined in s. 895.52 (1) (hm), ballooning, curling, throwing darts, hang gliding, hiking, sleigh riding, snowmobiling, skating, participation in water sports, weight and fitness training, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, participating in an agricultural tourism activity, sport shooting, and participating in a snow an alpine sport outside a ski area, as those terms are defined in s. 167.33, and any other sport, game or educational activity.
168,41
Section
41. 895.526 (title) of the statutes is amended to read:
895.526 (title) Participation in a snow an alpine sport; restrictions on civil liability, assumption of risk.
168,42
Section
42. 895.526 (2) (title) of the statutes is amended to read:
895.526 (2) (title) Appreciation of conditions and risk of participation in a snow
an alpine sport.
168,43
Section
43. 895.526 (2) (a) of the statutes is amended to read:
895.526 (2) (a) Every participant in a snow an alpine sport at a ski area accepts the conditions and risks of the snow alpine sport as set forth in s. 167.33 (2).
168,44
Section
44. 895.526 (2) (b) of the statutes is amended to read:
895.526 (2) (b) Every participant in a snow an alpine sport at a ski area is presumed to have seen and understood signage provided by the ski area operator pursuant to s. 167.33 (3).
168,45
Section
45. 895.526 (2) (c) of the statutes is amended to read:
895.526 (2) (c) Every participant in a snow an alpine sport at a ski area accepts that failure to wear a helmet or wearing a helmet that is improperly sized, fitted, or secured increases the risk of injury or death or the risk of a more severe injury. Every participant in a snow
an alpine sport at a ski area accepts that a helmet may not be available for purchase or for rent at a ski area.
168,46
Section
46. 895.526 (2) (d) of the statutes is amended to read:
895.526 (2) (d) Every participant in a snow an alpine sport at a ski area accepts that natural or man-made items or obstacles within a ski area, including ski area infrastructure and ski area vehicles, may be unpadded or not heavily padded and accepts that there may be a higher risk of injury or death or of a more severe injury associated with a collision with an item or obstacle that is unpadded or not heavily padded.
168,47
Section
47. 895.526 (3) (intro.) of the statutes is amended to read:
895.526 (3) Responsibilities of a participant in a snow an alpine sport. (intro.) Every participant in a snow an alpine sport is responsible to do all of the following:
168,48
Section
48. 895.526 (3) (b) of the statutes is amended to read:
895.526 (3) (b) Choose whether to wear a helmet while participating in the snow alpine sport. If the participant chooses to wear a helmet, he or she has the responsibility to ensure the helmet is of the correct size and fit and to ensure that it is properly secured while he or she participates in the snow alpine sport.
168,49
Section
49. 895.526 (4) (a) of the statutes is amended to read:
895.526 (4) (a) A ski operator who fulfills all of his or her duties under s. 167.33 (3) and (4) owes no further duty of care to a participant in a snow an alpine sport and is not liable for an injury or death that occurs as a result of any condition or risk accepted by the participant under sub. (2).
