Amended in Senate June 10, 2013

Amended in Assembly April 29, 2013

Amended in Assembly March 12, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 265


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, includingbegin insert, but not limited to,end insert a city, county,begin delete andend delete city and countybegin insert, district, and any other political subdivisionend insert. 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 abegin delete city, county, city and county, or special districtend deletebegin insert public entity, as defined,end insert 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:

P2    1

SECTION 1.  

Section 831.7.5 is added to the Government Code,
2to read:

3

831.7.5.  

(a) begin deleteNotwithstanding any other law, a city, county,
4city and county, or special district end delete
begin insertA public entity end insertthat owns or
5operates a dog park shall not be held liable for injury or death of
6a person or pet resulting solely from the actions of a dog in the
7dog park.

8(b) This section shall not be construed tobegin delete otherwiseend delete affect the
9liability of abegin delete city, county, city and county, or special district for
10negligenceend delete
begin insert public entityend insert thatbegin delete may otherwise existend deletebegin insert existsend insert under the
11law.

begin insert

12(c) “Public entity” has the same meaning as Section 811.2, and
13includes, but is not limited to, cities, counties, cities and counties,
14and special districts.

end insert


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