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 835for negligence that may otherwise exist under the law .