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Home My WebLink AboutSB 1179 Morrow - Recreational Activities Skateboardingyr o CITY OF PALM DESERT Community Services Division Staff Report REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON SB 1179 (MORROW) AT ITS MEETING OF FEBRUARY 28, 2006 SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst DATE: March 23, 2006 CONTENTS: SB 1179 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at its Meeting of February 28, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1179 (Morrow) relative to recreational activities, specifically skateboarding. EXECUTIVE SUMMARY: Passage of SB 1179 would repeal existing provisions of the hazardous recreational activity laws. BACKGROUND: Currently, public entities and public employees are generally not liable for any person who participates in various hazardous recreational activities, including bicycle racing or jumping, mountain bicycling, and skateboarding. This bill would repeal the provisions of current law and would instead grant local public agencies that own or operate skateboard parks the authority to determine if helmets, knee pads, and elbow pads are an appropriate requirement for use by persons at skateboard parks, or specific areas thereof, which are within the local public agency's jurisdiction. The City of Palm Desert currently has an ordinance in place which clearly outlines the requirements for use of local skateboard parks; however, this type of activity takes place in other areas of City -owned property which are not specifically governed by the regulations of the skateboard park. Repealing the provisions of the hazardous recreational activity law would expose the City to legal ramifications should an individual using an area outside the skateboard park, but not adhering to safety equipment or other safety regulations, suffer damage or injury. CITY COUNCIL STAFF REPORT RE: SB 1179 (MORROW) MARCH 23, 2006 Should SB 1179 be passed, it would require the City to enact additional legislation that would protect it from individuals who engage in hazardous recreational activities in areas other than those prescribed by the municipal code. Therefore, the Legislative Review Committee recommends that the City Council oppose SB 1179 and direct staff to prepare a letter stating that position to appropriate legislators for the Mayor's signature. PATRICIA SCULL SENIOR MANAGE SHEILA R. GILLIG/ ACM/COMMUNITY PS:mpg YST CARLOS L. O EGA CITY MANAGER 2 SB 1179 Senate Bill - INTRODUCED Page 1 of 4 BILL NUMBER: SB 1179 INTRODUCED BILL TEXT INTRODUCED BY Senator Morrow JANUARY 17, 2006 An act to amend Section 831.7 of the Government Code, and to repeal and add Section 115800 of the Health and Safety Code, relating to recreational activities. LEGISLATIVE COUNSEL'S DIGEST S3 1179, as introduced, Morrow Recreational activities: skateboarding. Under existing law, public entities and public employees are generally nor liable to any person who participates in various hazardous recreational activities, including bicycle racing or jumping and mountain bicycling. This bill would add skateboarding to that provision of law. Existinc law, effective until January 1, 2008, provides that skateboarding at a public skateboard park is a hazardous recreational activity if specified conditions are satisfied. That law, also in effect until January 1, 2008, requires local public agencies to mair.ta_n a record of all known or reported injuries incurred by skateboarders in a public skateboard park or facility, and other information regarding these incidents, as specified, and requires that copies of those records be filed annually with the Judicial Council, which is required to report to the Legislature on these incidents and any claims arising therefrom. Existing law also prchibits the operator of a skateboard park to permit a person to ride a skateboard in the park unless the person is wearing a helmet, elbow pads, and knee pads. This bill would repeal those provisions. The bill would instead grant local public agencies, as defined, that own or operate skateboard parks the authority to determine if helmets, knee pads, and elbow pads are an appropriate requirement for use by persons at skateboard parks, or specific areas thereof, which are within the local public agency's jurisdiction. Vote: majority. Appropriation: no. Fiscal committee: no. Stare -mandated local program: no. THE PEOPLE OF THE STATE OF CA IFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 831.7 of the Government Code is amended to -ead: 831.7. (a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the Place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity. http://info.sen.ca.gov/pub/bill/sen/sb_l 151-1200/sb_1179_bill_20060117_introduced.html 3/2/2006 SB 1179 Senate Bill - INTRODUCED Page 2 of 4 (b) As used in :.his section, "hazardous recreational activity" means a recreational activity conducted on property of a public entity which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator. "Hazardous recreational activity" also means: (1) Water contact activities, except diving, in places where or at a time when lifeg.:ards are not provided and reasonable warning thereof has been given or the injured party should reasonably have ;mown that there was no lifeguard provided at the time. (2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning Thereof has been giver. (3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, Kayaking, motorized vehicle racing, off -road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, skateboarding, spelunking, sky diving, sport parachuting, paragliding, body contact sports (i.e., sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants), surfing, trampolining, tree climbing, tree rope swinging, wa-�:erskiing, white water rafting, and windsurfing. For the purposes of this subdivision, "mountain bicycling" does not include riding a bicycle on paved pathways, roadways, or sidewalks. (c) Notwithstanding the provisions of subdivision (a), this section does not limit liability which would otherwise exist for any of the following: (1) Failure of the public entity or employee to guard or warn of a known dangerous condition or of another hazardous recreational activity known to the public entity or employee that is not reasonably assumed by the participant as inherently a part of the hazardous recreational activity out of which the damage or injury arose. (2) Damage or injury suffered in any case where permission to participate in, the hazardous recreational activity was granted for a specific fee. For the purpose of this paragraph, a "specific fee" does not include a fee or consideration charged for a general purpose such as a general park admission charge, a vehicle entry or parking fee, or an administrative or group use application or permit fee, as distinguished from a specific fee charged for participation in the specific hazardous recreational activity out of which the damage or injury arose. (3) Injury suffered to the extent proximately caused by the negligent failure of the public entity or public employee to properly construct or maintain in good repair any structure, recreational equipment or machinery, or substantial work of improvement utilized in the hazardous recreational activity out of which the damage or injury arose. (4) Damage or injury suffered in any case where the public entity or e_np_oyee recklessly or with gross negligence promoted the participation in or observance of a hazardous recreational activity. For purposes of this paragraph, promotional literature or a public announcement or advertisement which merely describes the available facilities and services on the property does not in itself constitute a reckless or grossly negligent promotion. (5) An act of gross negligence by a public entity or a public employee which is the proximate cause of the injury. Nothing in this subdivision creates a duty of care or basis of http://info.sen.ca.gov/pub/bill/sen/sb_l151-1200/sb_l179 bill_20060117_introduced.html 3/2/2006 SB 1179 Senate Bill - INTRODUCED Page 3 of 4 liability for personal injury or for damage to personal property. (d) Nothing in this section shall limit the liability of an independent concessionaire, or any person, or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by t!ie concessionaire, person, or organization. SAC. 2. Section 115800 of the Health and Safety Code, as amended by Section 1 of Chapter 409 of the Statutes of 2002, is repealed. 1- h -, } 4 Z ; 4 .. rl 1 i ; -44 _ 1"�} L r j } th F ; 1 4 - (, + ;_ _ - +_ h -, + J r, n ,,,, _ - - _ ; .-1 ; ,- l .-• 1" -, + -I-, r, -A - h n F -, .. ; 1 ; + . • r•, - _ - -- c1, r.l;- - -+ -y F'� ---1 ''t1_'.r1, - --ZA - ^i -,+-4 L.J. L , L, l -- -I - - - ' - �' -- - - , L, l _ _ ,. 1^ ., r .•1 i .. ,^ 1. - - ,_ .-1 ., 4 , „ i -- ny'i-- 4�; (•F. .,l l hr, rl c, .,,.•n,: h-,"-,r,-1 ", 1,- ---- - +_'-.. -., - }-- --,-Y Cb'•+, -- off' -1 "F }l-., r^., ,'sirr., .-1 ", ,F -,11 .-•F 4�) Th 1,o+nL +ri.•1, 1, .-. rl,-,+'�.,-,r�li .,� 4 (` T l•• ,. `• ,, } "L, r'J L - r l" _ - - - i , h l - 1 '"'l1 - '- �. 4- L, •sue.-="- - -- ; =' ; � �—�;-� ,- 4: L1 -, r i- '7 ., F D 4_ T 14 r'Z � f L•„r 1 ,•hl ; .-1,-,+nL,n-,r 1"f• th-,+ r•+r,,..+- T 1000, -A h F-,-., - -. - r�. , 7fd+e��L'.,r 1 L -- -„L, .•I ;.• -----. _'"f• _ =.+., L, ", -, r.; Fes. ..4 '-=-+I +Y'� --- - - fir,,_., F-, r• r. http://info.sen.ca.gov/pub/bill/sen/sb—1 151-1200/sbl 179_bill_20060117_introduced.html 3/2/2006 SB 1179 Senate Bill - INTRODUCED Page 4 of 4 l -, ; } r ., r; +- h •-, ; r r 1, l 4- I, „ , , h , 4. ; ., ., , ., J ,, 1 Q (1 0 „ F +1-•___ -___-_-- •-1-. -,11 Y... P_1�, .-1 _--_.. _,. 1.1 �. l-,}., }h-, ,' �^_--._ 'Z'�n va"'•^vi 14 J;Q�;bie44 G4 a�i�i�s 4- 1 •'---- '--- +., .-1 ,.1 Fh-, - -- ,1+f. nF ., 1. l -,. •�i�-s, 4: ,.•; 1 }; .Qnr,r, T --'"1• , Qf]O, .-h -, l_l _ _., 4- --- +-^ -,-•-� 1 +.. ,h l___ n1, y'd#y'e`aFb'k,! ^h; f, _ _ }; ..- .-h^1 1. ..F�_ „+ +7 1 T-,., -„-y 1 7nnQ, F .. r ,, T -, ., , , r 1 • 1 '> n n Q .4 ., .. } n _ , .+ -, ., ,.:., + 1, } A _ + ., SEC. 3. Section. 1115800 of the Health and Safety Code, as amended by Section 2 of Chapter 409 of the Statutes of 2002, is repealed. I,SQI;n i-,, 14, -,}.,r „}' TA,-.i i-, hl �L. .. _-,, ,-,1. L, 1- - - -- ._Y -, h •. l m ., } n , h n - - -, -, ., .; 1. -, .-, n -, r- -, �-] + 1 -, } {-6�T'�1 - - - }�•'.-^�+r+--�.h: -��7 Y, ., ., ., ,-L ., -, +n•.- SAC. 4. Section 115800 is added to the Health and Safety Code, to read: 115800. (a) A local public agency that owns or operates skateboard parks shall have the authority to determine if helmets, {nee pads, and elbow pads are an appropriate requirement for use by persons at skateboard parks, or specific areas thereof, which are within the local public agency's jurisdiction. (b) For purposes of this section, "local public agency" includes, but is not limited to, a city, county, city and county, and special district. http://info.sen.ca.gov/pub/bill/sen/sb_l151-1200/sb_l179 bill_20060117_introduced.htxnl 3/2/2006