HomeMy WebLinkAbout2013-05-28 - AGENDA REPORTS - AB 265 DOG PARK LIAB SUPP LTR (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
May 28, 2013
STATE LEGISLATION: ASSEMBLY BILL 265 (GATTO) LOCAL
GOVERNMENT LIABILITY: DOG PARKS
City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Committee and adopt a
"support, if amended" position for Assembly Bill 265 (Gatto) and transmit letters to
Assemblyman Gatto, Santa Clarita's State Legislative delegation, appropriate Legislative
committees, Governor Brown, and the League of California Cities.
BACKGROUND
In 1997, the state legislature passed Assembly Bill (AB) 1296, Chapter 573, Statutes of 1997,
which enacted limited liability under certain circumstances for cities that provide open skate
parks. Policymakers reasoned then that more recreation opportunities were needed, but that since
skateboarding is inherently dangerous, it should be done at the users' risk and without liability
for cities and their taxpayers.
Assemblyman Gatto has introduced AB 265, which would extend a similar immunity to cities for
injuries at dog parks. AB 265 seeks to place specific provisions into state law providing that a
city that owns or operates a dog park could not be held liable for any injury or death suffered by
any person or pet resulting from the actions of a dog in the dog park.
AB 265 could encourage communities across California to open dog parks by limiting the
liability exposure associated with such parks. The City of Santa Clarita already has two
successful and highly frequented off leash dog parks: "Central Bark" located in Central Park,
and "Canine Country" located at the Activities Center. This bill provides to the City express
immunity from liability for any injuries caused by the actions of a dog at one of our dog parks.
AM fl, OWED
The League of California Cities (LCC) currently has a "support, if amended" position for this
bill. The LCC has suggested that Assemblyman Gatto remove the word "solely" from the bill
language. This word creates legal limitations and would only protect the City from liability
arising solely from actions of the dog, not the negligent or intentional acts of the dog's owner.
This amendment will increase the protection and value of the bill's intent to limit the exposure of
local governments to lawsuits related to liability. The recommended action is to concur with the
LCC's position and support this bill if the bill language reflects protection from actions of a dog
and negligent and intentional acts of a dog's owner.
On May 6, 2013, the City Council Legislative Committee met and voted to recommend a
"support, if amended" position to the full City Council at the May 28 City Council meeting.
ALTERNATIVE ACTIONS
1. Adopt an oppose position on AB 265.
2. Take no position on AB 265.
3. Other direction as determined by the City Council.
FISCAL IMPACT
No additional resources are needed to implement the recommended action.
ATTACHMENTS
AB 265 Text
AMENDED IN ASSEMBLY APRIL 29, 2013
AMENDED IN ASSEMBLY MARCH 12, 2013
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 265
Introduced by Assembly Member Gatto
February 7, 2013
An act to add Section 83 1.7.5 to the Government Code, relating to
local government liability.
LEGISLATIVE COUNSEL'S DIGEST
AB 265, as amended, Gatto. Local government liability: dog parks.
Existing law governs the tort liability and immunity of, and claims
and actions against, a public entity, including a city, county, and city
and county. Existing law makes the owner of any dog civilly liable for
the damages suffered by any person who is bitten by the dog while in
a public place or lawfully in a private place, as specified, regardless of
the former viciousness of the dog or the owner's knowledge of such
viciousness.
This bill would provide that a city, county, city and county, or special
district that owns or operates a dog park shall not be held liable for any
injury or death suffered by any person or pet resulting solely from the
actions of a dog in the dog park.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
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AB 265 —2—
The
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The people of the State of California do enact as follows.'
I SECTION 1. Section 831.7.5 is added to the Government Code,
2 to read:
3 831.7.5. (a) Notwithstanding any other law, a city, county,
4 city and county, or special district that owns or operates a dog park
5 shall not be held liable for injury or death of a person or pet
6 resulting solely from the actions of a dog in the dog park.
7 (b) This section shall not be construed to otherwise affect the
8 liability of a city, county, city and county, or special district
9
10
I I 833 for negligence that may otherwise exist under the law.
IJ
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