BILL NUMBER: AB 265	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 12, 2013

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 7, 2013

   An act to add Section 831.7.5 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,  or 
city and county  , or special district  that owns or
operates a dog park with specified signage is immune from
civil liability   shall not be held liable  for
 damages   any injury or death  suffered by
any person or dog who is bitten by a dog or suffers any
other dog-inflicted injury while in the dog park.   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 831.7.5 is added to the Government Code, to
read:
   831.7.5.  (a)  A   Notwithstanding any other
  law, a  city, county,  or  city and
county  , or special district  that owns or operates a dog
park  with signage stating that dog owners use the dog park
at their own risk shall be immune from civil liability for damages
suffered by any person or dog who is bitten by a dog or suffers any
other dog-inflicted injury while in the dog park.  
shall not be held liable for injury or death of a person or pet
resulting solely from the actions of a dog in the dog park. 
   (b)  Nothing in this   This  section
shall not  be construed to  otherwise  affect the
liability of a city, county,  or  city and county
 , or special district including, but not limited to, liability
 for  negligence resulting from the failure of the city,
county, or city and county to maintain a dog park that it owns or
operates.   creating or maintaining a dangerous
condition of public property as set forth in Section 835.