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HomeMy WebLinkAbout1986-10-14; City Council; 8783; Immunity for Parks & Recreational ProgramsI ..a u z = 8 AB# ¥71"3 MTG. lO/iJ:/86 DEPT. Pi~ CITY IIIL.E; RECOMMENDED ACTION: _: CARLSBAD -AGENDA . LL COUNCIL ENDORSEMENT OF PROPOSED AMENDMENT TO SECTION 831.9 OF rHE GOVERNMENT CODE RELATING TO IMMUNITY OF PUBLIC ENTITIES ANO EMPLOYEES FOR PARKS AND RECREATIONAL PROGRAMS DEPT.HD.~ CITYATTY~ CITY MGR. ~ City Council adopt Resolution No. lf:L/~ seeking the support of the League of California Cities for legislation limiting liability exposure for park and recreational facilities. ITEM EXPLANATION: Under existing law, public entities may be liable for injuries occurring in public parks or in connection with public recreational facilities. Rather than risk possible liability some public entities have closed parks. Closure of parks and recreational facilities denies the public the opportunity to utilize open space and recreational areas and eliminates public access to vital public resources. The proposed amendment is as follows: SECTION 1. Section 831.9 is added to the Government Code to read: 831.9 Ill addition to other immunities afforded by this Chapter, neither a public entity nor a public employee is liable for any injury or program if a public entity has posted notice that use of the recreational facility or program is at the user's own risk. For the purposes of this section, use of a public recreational .facility or program includes, but is not limited to, unsupervised use of public recreational facilities and participation in organized recreational activities such as public school extracurricular pr~grams or services provided by local parks departments. However, nothing in this section shall limit the liability of an independent concessionaire, or any person or organizatir,n r)ther lhan the public entity, whether or not the person or entity has a contractual relationship with the public entity to use .public property. This bill would immunize public entities from liability for use of public parks and recreati.:,nal programs if signage is erected stating that the parks and programs are used at the users own risk. This proposed legislation has been endorsed by the Los Angeles Division of the League of California Cities and with the Cities' support will be voted upon at this year's annual League Conference in Los Angeles . PAGE 2 OF AB * /? 7f:3L FISCAL IMPACT: No immediate fiscal impact will occur from Council endorse- ment, however, future impact could limit liability claims against the City. EXHIBITS: 1. Resolution No. • ,-../ ----llii9 ef Jlvalou SHDTf.I CXf.lTQLillf.I ISLf.lUD P.O.B0X '107, f.IVHL0D, OllL. 90704 (213) 510-0220 September 4, 1986 Mayor Mary H. Casler City Councilmembers City of Carlsbad City Hall 1200 Elm Avenue Carlsbad, CA 92008 CONTEMPLATING PARK CLOSURE?? CUTTING PROGRAMS & ACTIVITIES?? MAYOR • Hugh T "Bud" Smith MAYOR PRO TEM • George Scott COUNCILMAN • Hal Host COUNCILMAN • Gilbert R Saldana COUNCILWOMAN • Irene L Strobel CITY MANAGER• John R Longley CITY CLERK • Shirley Davy CITY AEASURER~ , vin R, Plett ,,.,, ) .,6' ~ The attached proposed legislation could prevent you from closing your local parks and locking your facility doors. The Avalon City Council has requested we provide this proposed legislation regarding immunity from liability exposure for cities, parks, schools, and recreational facilities to you. This proposed legislation has been endorsed by the Los Angeles Division of the League and with the cities' support will be voted upon at this year's annual League Conference in Los Angeles. We feel this legislation will be a positive action towards a solution and therefore, we respectfully request your city's support. Respectfully, ~it-~ GEf>RGE SC0TT Mayor Pro Tern CITY OF AVALON l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8845 A RESOLUTION OF THE CITY ~c=ou=N=c=I=L,......,,,o-=F THE CITY OF CARLSBAD, CALIFORNIA, SEEKING THE SUPPORT OF THE LEAGUE OF CALIFORNIA CITIES FOR LEGISLATION LIMITING LIABILITY EXPOSURE FOR PARK AND RECREATIONAL FACILITIES. The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, cities, counties, and school districts are the primary providers of recreational and park services to the California public; and WHEREAS, the ability of local governments to provide these services is significantly inhibited by the threat of liability law suits; and WHEREAS, there is a significant public puroose in being able to utilize public parks and participate in recreational programs; and WHEREAS, the utilization of the parks and recreational programs is a public priority; and WHEREAS, the League of California Cities represents the interests of the cities of California relative to common matters of local governmental policy; and WHEREAS, the League's policy is set by resolutions adopted at its Annual Conference; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as follows: 1. The support of the Los Angeles Division of the League of California Cities be sought to support a resolution pertaining to an exclusion of liability after notice for local governmental park and recreational facilities. i f l 2 3 4 5 6 7 8 9 . 1 ~ 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II 2. The approval of the League of California Cities at its Annual Conference be obtained for the introduction and adoption of a law which would prohibit the filing of a law suit or the payment of any claim or judgement to any group or individual where a city, county, or school district has posted a park or recreational facility indicating that the local agency will not be responsible for any injury suffered in the course of utilizing the agency's facilities, and that any group or individual utilizes the facilities strictly at their own risk. AYES : Council Members Casler, Lewis, Kulchin, Chick and Pet tine NOES: None ABSENT : None ATTEST: ~t~ ALETHA L. RAUTENKRANZ, City ~lerk (SEAL) II Adopted at a regular meeting of the City Council held October 14, 1986. II II II II II II II II II