BILL NUMBER: AB 265 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2013
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, city and county, or
special district that owns or operates a dog park shall not be held
liable for any injury or death suffered by any person 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) Notwithstanding any other law, a city, county, city
and county, or special district that owns or operates a 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) This section shall not be construed to otherwise affect the
liability of a city, county, city and county, or special district
including, but not limited to, liability for creating or
maintaining a dangerous condition of public property as set forth in
Section 835 for negligence that may otherwise exist
under the law .