Bill Text: CA AB1146 | 2015-2016 | Regular Session | Chaptered
Bill Title: Skateboard parks.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2015-08-17 - Chaptered by Secretary of State - Chapter 221, Statutes of 2015. [AB1146 Detail]
Download: California-2015-AB1146-Chaptered.html
BILL NUMBER: AB 1146 CHAPTERED
BILL TEXT
CHAPTER 221
FILED WITH SECRETARY OF STATE AUGUST 17, 2015
APPROVED BY GOVERNOR AUGUST 17, 2015
PASSED THE SENATE JULY 13, 2015
PASSED THE ASSEMBLY JULY 16, 2015
AMENDED IN SENATE JULY 6, 2015
AMENDED IN SENATE JUNE 8, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Jones
(Principal coauthor: Senator Anderson)
(Coauthors: Assembly Members Harper and Olsen)
FEBRUARY 27, 2015
An act to amend, repeal, and add Section 115800 of the Health and
Safety Code, relating to recreational safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1146, Jones. Skateboard parks.
Existing law prohibits an operator of a skateboard park from
permitting a person to ride a skateboard at the park, unless the
person is wearing a helmet, elbow pads, and knee pads. Existing law
provides that a skateboard facility owned or operated by a local
public agency that is not supervised on a regular basis may satisfy
the above requirement if it complies with certain things, including
the adoption of an ordinance that requires a person riding a
skateboard in the facility to wear a helmet, elbow pads, and knee
pads, as provided. Existing law provides that a public entity is not
liable to a person who participates in a hazardous recreational
activity, and that skateboarding at a facility owned or operated by a
public entity as a public skateboard park is a hazardous
recreational activity, if certain conditions are met.
This bill would apply the above provisions, and others relating to
skateboard safety and liability, to other wheeled recreational
devices, as defined, until January 1, 2020.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 115800 of the Health and Safety Code is amended
to read:
115800. (a) An operator of a skateboard park shall not permit a
person to ride a skateboard or other wheeled recreational device in
the skateboard park, unless that person is wearing a helmet, elbow
pads, and knee pads.
(b) With respect to a facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
riding a recreational skateboard or other wheeled recreational
device, and that is not supervised on a regular basis, the
requirements of subdivision (a) may be satisfied by compliance with
the following:
(1) Adoption by the local public agency of an ordinance requiring
a person riding a skateboard or other wheeled recreational device at
the facility to wear a helmet, elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable
notice that a person riding a skateboard or other wheeled
recreational device in the facility must wear a helmet, elbow pads,
and knee pads, and that a person failing to do so will be subject to
citation pursuant to the ordinance required by paragraph (1).
(c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
(d) For purposes of this section, "other wheeled recreational
device" means nonmotorized bicycles, scooters, in-line skates, roller
skates, or wheelchairs.
(e) (1) Riding a skateboard or other wheeled recreational device,
or any concurrent combination of these activities at a facility or
park owned or operated by a public entity as a public skateboard
park, as provided in paragraph (3), shall be deemed a hazardous
recreational activity within the meaning of Section 831.7 of the
Government Code if all of the following conditions are met:
(A) The person riding the skateboard or other wheeled recreational
device is 12 years of age or older.
(B) The riding of the skateboard or other wheeled recreational
device that caused the injury was stunt, trick, or luge riding.
(C) The skateboard park is on public property that complies with
subdivision (a) or (b).
(2) In addition to subdivision (c) of Section 831.7 of the
Government Code, this section does not 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) of Part 2 of Division 3.6 of Title 1 of the Government
Code. However, this section does not abrogate or limit any other
legal rights, defenses, or immunities that may otherwise be available
at law.
(3) (A) Except as provided in subparagraph (B), 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. For purposes
of this subdivision, a skateboard facility that is a movable facility
shall be deemed constructed on the first date it is initially made
available for use at a location by the local public agency.
(B) For public skateboard parks that were constructed after
January 1, 1996, and before January 1, 1998, this subdivision shall
apply to hazardous recreational activity injuries incurred on or
after January 1, 2012.
(4) The appropriate local public agency shall maintain a record of
all known or reported injuries incurred by a person riding a
skateboard or other wheeled recreational device in a public
skateboard park or facility. The local public agency shall also
maintain a record of all claims, paid and not paid, including any
lawsuits and their results, arising from those incidents that were
filed against the public agency. Copies of the records of claims and
lawsuits shall be filed annually, no later than January 30 each year,
with the Assembly Committee on Judiciary and the Senate Committee on
Judiciary.
(5) (A) Except as provided in subparagraph (B), this subdivision
shall not apply on or after January 1, 2001, to public 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.
(B) On and after January 1, 2012, this subdivision shall apply to
public skateboard parks that were constructed on or after January 1,
1996.
(6) For purposes of injuries that occur while operating one of the
other wheeled recreational devices described in subdivision (d) in a
skateboard facility, this subdivision shall apply to any claim for
injuries occurring on or after January 1, 2016.
(f) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. Section 115800 is added to the Health and Safety Code, to
read:
115800. (a) An operator of a skateboard park shall not permit a
person to ride a skateboard in the park, unless that person is
wearing a helmet, elbow pads, and knee pads.
(b) With respect to a facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
riding a recreational skateboard, and that is not supervised on a
regular basis, the requirements of subdivision (a) may be satisfied
by compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring
a person riding a skateboard at the facility to wear a helmet, elbow
pads, and knee pads.
(2) The posting of signs at the facility affording reasonable
notice that a person riding a skateboard in the facility must wear a
helmet, elbow pads, and knee pads, and that a person failing to do so
will be subject to citation under the ordinance required by
paragraph (1).
(c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
(d) (1) Riding a skateboard at a facility or park owned or
operated by a public entity as a public skateboard park, as provided
in paragraph (3), shall be deemed a hazardous recreational activity
within the meaning of Section 831.7 of the Government Code if all of
the following conditions are met:
(A) The person riding the skateboard is 12 years of age or older.
(B) The riding of the skateboard that caused the injury was stunt,
trick, or luge riding.
(C) The skateboard park is on public property that complies with
subdivision (a) or (b).
(2) In addition to subdivision (c) of Section 831.7 of the
Government Code, this section does not 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) of Part 2 of Division 3.6 of Title 1 of the Government
Code. However, this section does not abrogate or limit any other
legal rights, defenses, or immunities that may otherwise be available
at law.
(3) (A) Except as provided in subparagraph (B), 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. For purposes
of this subdivision, a skateboard facility that is a movable facility
shall be deemed constructed on the first date it is initially made
available for use at a location by the local public agency.
(B) For public skateboard parks that were constructed after
January 1, 1996, and before January 1, 1998, this subdivision shall
apply to hazardous recreational activity injuries incurred on or
after January 1, 2012.
(4) The appropriate local public agency shall maintain a record of
all known or reported injuries incurred by a person riding a
skateboard in a public skateboard park or facility. The local public
agency shall also maintain a record of all claims, paid and not paid,
including any lawsuits and their results, arising from those
incidents that were filed against the public agency. Copies of the
records of claims and lawsuits shall be filed annually, no later than
January 30 each year, with the Assembly Committee on Judiciary and
the Senate Committee on Judiciary.
(5) (A) Except as provided in subparagraph (B), this subdivision
shall not apply on or after January 1, 2001, to public 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.
(B) On and after January 1, 2012, this subdivision shall apply to
public skateboard parks that were constructed on or after January 1,
1996.
(e) This section shall become operative on January 1, 2020.
