As used in this subchapter:
(1) "Aviation" means taking off, flying, or landing an airplane or aircraft;
(2) "Charge" means an admission fee for permission to go upon or use the land, but does not include:
(A) The sharing of game, fish, or other products of recreational use; or
(B) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use;
(3) "Land" means land, roads, water, watercourses, airstrips, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(4) (A) "Malicious" means an intentional act of misconduct that the actor is aware is likely to result in harm.
(B) "Malicious" does not mean negligent or reckless conduct;
(5) "Owner" means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in ยง 15-20-402, occupant, or person in control of the premises;
(6) "Public" and "person" includes the Young Men's Christian Association, Young Women's Christian Association, Boy Scouts of America, Girl Scouts of the United States of America, Boys and Girls Clubs of America, churches, religious organizations, fraternal organizations, and other similar organizations; and
(7) "Recreational purpose" includes, but is not limited to, any of the following or any combination thereof:
(A) Hunting;
(B) Fishing;
(C) Swimming;
(D) Boating;
(E) Camping;
(F) Picnicking;
(G) Hiking;
(H) Pleasure driving;
(I) Nature study;
(J) Water skiing;
(K) Winter sports;
(L) Spelunking;
(M) Aviation;
(N) Viewing or enjoying historical, archeological, scenic, or scientific sites; and
(O) Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.
Section: 18-11-302 18-11-303 18-11-304 18-11-305 18-11-306 18-11-307 NextLast modified: November 15, 2016