The URL can be used to link to this page

Home My WebLink AboutAB 874 - Recreational ActivitiesCITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 874 (SALDANA) AT ITS MEETING OF MARCH 24, 2009. DATE: April 9, 2009 CONTENTS: AB 874 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legistative Review Committee at its meeting of March 24, 2009, and direct staif to prepare a Ietter of opposition for the Mayor's signature with regard to AB 874 (Saldana) relative to recreational activities. BACKGROUND: Existing Iaw prohibits the operator a skate board park from permitting any person to ride in the park unless wearing a helmet, elbow pads and knee pads. If passed, AB 874 would remove the requirement that persons riding skateboards at public facilities must wear elbow and knee pads. The Ianguage of this bill carries the potential for increase risk to the City, as the owner of the skate park and increased injury to participants. Therefore the Legislative Review Committee recommends that the City Council oppose AB 874 and direct staif to prepare a Ietter stating that position to appropriate IegisIators and committees for th# Mayor's signature. PATRICIA SCULLY, CJF SENIOR MANAGEMET ANALYST AHEILA R. GIJ ACM/COMMUNITY SERV PAUL GIBSON DIRECTOR OF FINANCE/CITY TREASURER / NM. WOHLMUTH TY MANAGER CITY COUNCILA,CTION APPROvJj) v DENIED RECEIVEJ) OTflE:J r1FETIN(; l)ATE 11-O' AVES: Efln, Frjtiri PTher4 y PeI)j, P'r1 NOES: AlDfl. AI3S[NT: A)bI ABSTAIN: Mht1C_ VERIFJEDBY: Original on File with City Clerk's O1fice State Net Bill Text Page 1 of3 / In bill text the foliowing has special meaning underline denotes added text trucL. t t..t tcxt 2009 CA A 874 AUTHOR: Saldana VERSION: Introduced VERSION DATE: 02/26/2009 ASSEMBLY BILL No. 874 INTRODUCED BY Assembly Member Saldana FEBRUARY 26, 2009 An act to amend Section 115800 of the I-lealth and Safety Cocle, relating to recreational activities. LEGISLATIVE COUNSEL'S DIGEST AB 874, as introduced, Saldana. Recreational activities: skateboarding. Existing law prohibits an operator of a skateboard park from permitting any person to ride a skateboard in the park unless that person is wearing a helmet, elbow pads, and knee pads. Existing law further describes how those requirements may be satisfied with respect to a recreational skateboard facility owned or operated by a local agency, as specified. This bill wouki remove the requirement that any person riding a skateboard in the park must wear elbow pads and knee pads. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 115800 ofthe Health and Safety Code, as amended by Section 1 ofChapter 140 ofthe Statutes of 2006, is amended to read: 115800. (a) No operator ofa skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, clbow pads, anJ 1i ais-. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the foliowing: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet -e+L L, J jL. http://client.statenet.ComIseCUre/pe/tS.Cgi?m0defetC1&text_Tsb02OO9OA874_2OE 2/27/2009 State Net Bill Text Page 2 of 3 (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet , 1L, J ki and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) Loca1 public agency" for purposes ofthis section ineludes, but is not limited to, a city, county, or city and county. (d) (1) Skateboarding at any facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a ha72rdous recreational activity within the meaning of Section 831.7 ofthe Government Code if alt ofthe foliowing conditions are met: (A) The person skateboarding is 12 years of age or older. (B) The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to the provisions of subdivision (c) of Section 831.7 ofthe Government Code, nothing in this section is intended to limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) ofPart 2 ofDivision 3.6 ofTitle 1 ofthe Government Code. However, nothing in this section is intended to abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (3) For public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2012. For purposes ofthis subdivision, any skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at any location by the local public agency. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a skateboarder in a public skateboard park or facility. The local public agency shall also maintain a record of alt claims, paid and not paid, including any lawsuits and their resutts, arising from those incidents that were filed against the public agency. Beginning in 1999, copies ofthese records shall be filed annually, no later than January 30 each year, with the Judicial Council, which shall submit a report to the Legislature on or before March 31, 2011, on the incidences of injuries incurred, claims asserted, and the results of any lawsuit filed, by persons injured white skateboarding in public skateboard parks or facilities. (5) This subdivision shall not apply on or after January 1, 2001, to pubtic skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (e) This section shall remain in effect untit January 1, 2012, and as of that date is repealed, unless a tater enacted statute, enacted before January 1, 2012, deletes or extends that date. SEC. 2. Section 115800 ofthe Health and Safety Code, as amended by Section 2 ofChapter 140 of the Statutes of 2006, is amended to read: http ://client.statenet.comlsecure/pe/ts.cgi?modefetch&text_version=CA2009000A874_20... 2/27/2009 State Net Bill Text P 115800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, ..JL L, iiJ 1i j.J.,. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the foliowing: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet -efbw jJ4d, d kn jad-. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet ,clbow pads, and 1i j.d-and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) "Local public agency" for purposes ofthis section includes, but is not limited to, a city, county, or city and county. (d) This section shall become operative on January 1, 2012. Copyright 2009 State Net All Rights Reser ved. http ://client.statenet.com/secure/pe/ts.cgi?mode=fetch&textversion=CA2009000A87420... 2/27/2009