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,begin delete orend delete city and countybegin insert, or special districtend insert that owns or operates a dog parkbegin delete with specified signage is immune from civil liabilityend deletebegin insert
shall not be held liableend insert forbegin delete damagesend deletebegin insert any injury or deathend insert suffered by any personbegin delete or dog who is bitten by a dog or suffers any other dog-inflicted injury while in the dog park.end deletebegin insert or pet resulting solely from the actions of a dog in the dog park.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 831.7.5 is added to the Government Code,
2to read:
(a) begin deleteA end deletebegin insertNotwithstanding any otherend insertbegin insert law, a end insertcity, county,
4begin delete orend delete city and countybegin insert, or special districtend insert that owns or operates a dog
5parkbegin delete with signage stating that dog owners use the dog park at their begin insert
shall not be held liable
6own risk shall be immune from civil liability for damages suffered
7by any person or dog who is bitten by a dog or suffers any other
8dog-inflicted injury while in the dog park.end delete
9for injury or death of a person or pet resulting solely from the
10actions of a dog in the dog park.end insert
11(b) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert notend insert be construed to
12begin insert otherwiseend insert affect the liability of a city, county,begin delete orend delete city and countybegin insert,
13or special district including, but not limited to, liabilityend insert
for
14begin delete negligence resulting from the failure of the city, county, or city begin insert
creating
15and county to maintain a dog park that it owns or operates.end delete
16or maintaining a dangerous condition of public property as set
17forth in Section 835.end insert
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