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