Legislation
SECTION 18-303
Responsibilities of operators and visitors of agricultural tourism areas
General Obligations (GOB) CHAPTER 24-A, ARTICLE 18-B
§ 18-303. Responsibilities of operators and visitors of agricultural
tourism areas. 1. Operators of agricultural tourism areas shall have the
following additional responsibilities:
a. To post and maintain way finding signage to delineate the paths,
areas and buildings that are open to the public;
b. To adequately train employees who are actively involved in
agricultural tourism activities;
c. To post at every point of sale or distribution of tickets, whether
on or off the premises of the agricultural tourism area, a conspicuous
"Warning to Visitors" relative to the inherent risks of participating in
activities on working farms and to provide written information having
such text and graphics as the commissioner of agriculture and markets
shall specify, which shall conspicuously direct the attention of all
visitors to the required "Warning to Visitors";
d. To post at every point of sale or distribution of tickets at an
agricultural tourism area a conspicuous notice to visitors that pursuant
to this article such visitors have a responsibility to exercise
reasonable care regarding the disclosed risks of the agricultural
activity, and reasonably comply with posted way finding signs,
reasonably remain in areas designated for the agricultural tourism
activity, reasonably follow any and all written and conspicuously posted
rules of conduct provided by such operator to visitors or verbal or
other communication for persons with disabilities, and not to willfully
remove, deface, alter or otherwise damage signage, warning devices or
implements, or other safety devices;
e. To take reasonable care to prevent reasonably foreseeable risks to
visitors, consistent with the responsibility of a landowner to keep his
or her premises reasonably safe for intended and reasonably foreseeable
uses and users, and to post conspicuous notice to visitors of the right
to a refund to the purchaser in the amount paid in the initial sale of
any tickets returned to the operator of the agricultural tourism area,
intact and unused, upon declaration by such purchaser that he or she
believes that he or she is unprepared or that he or she is unwilling to
participate in the agricultural tourism activity due to the risks
inherent in the activities or the duties imposed upon him or her by this
section; and
f. Owners and operators of agricultural tourism areas shall not be
liable for an injury to or death of a visitor if the provisions of this
subdivision are complied with.
2. Visitors to agricultural tourism areas have the responsibility to
exercise reasonable care regarding the disclosed risks of the
agricultural activity and:
a. to reasonably comply with posted way finding signs and reasonably
remain in areas designated for the agricultural tourism activity;
b. to reasonably follow any and all written information or
conspicuously posted rules of conduct provided by such operator to
visitors, or verbal or other form of communication of rules of conduct
where needed for effective communication for people with disabilities;
and
c. not to willfully remove, deface, alter or otherwise damage signage,
warning devices or implements or other safety devices.
tourism areas. 1. Operators of agricultural tourism areas shall have the
following additional responsibilities:
a. To post and maintain way finding signage to delineate the paths,
areas and buildings that are open to the public;
b. To adequately train employees who are actively involved in
agricultural tourism activities;
c. To post at every point of sale or distribution of tickets, whether
on or off the premises of the agricultural tourism area, a conspicuous
"Warning to Visitors" relative to the inherent risks of participating in
activities on working farms and to provide written information having
such text and graphics as the commissioner of agriculture and markets
shall specify, which shall conspicuously direct the attention of all
visitors to the required "Warning to Visitors";
d. To post at every point of sale or distribution of tickets at an
agricultural tourism area a conspicuous notice to visitors that pursuant
to this article such visitors have a responsibility to exercise
reasonable care regarding the disclosed risks of the agricultural
activity, and reasonably comply with posted way finding signs,
reasonably remain in areas designated for the agricultural tourism
activity, reasonably follow any and all written and conspicuously posted
rules of conduct provided by such operator to visitors or verbal or
other communication for persons with disabilities, and not to willfully
remove, deface, alter or otherwise damage signage, warning devices or
implements, or other safety devices;
e. To take reasonable care to prevent reasonably foreseeable risks to
visitors, consistent with the responsibility of a landowner to keep his
or her premises reasonably safe for intended and reasonably foreseeable
uses and users, and to post conspicuous notice to visitors of the right
to a refund to the purchaser in the amount paid in the initial sale of
any tickets returned to the operator of the agricultural tourism area,
intact and unused, upon declaration by such purchaser that he or she
believes that he or she is unprepared or that he or she is unwilling to
participate in the agricultural tourism activity due to the risks
inherent in the activities or the duties imposed upon him or her by this
section; and
f. Owners and operators of agricultural tourism areas shall not be
liable for an injury to or death of a visitor if the provisions of this
subdivision are complied with.
2. Visitors to agricultural tourism areas have the responsibility to
exercise reasonable care regarding the disclosed risks of the
agricultural activity and:
a. to reasonably comply with posted way finding signs and reasonably
remain in areas designated for the agricultural tourism activity;
b. to reasonably follow any and all written information or
conspicuously posted rules of conduct provided by such operator to
visitors, or verbal or other form of communication of rules of conduct
where needed for effective communication for people with disabilities;
and
c. not to willfully remove, deface, alter or otherwise damage signage,
warning devices or implements or other safety devices.