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:
Section 831.7.5 is added to the Government Code,
2to read:
(a) begin deleteNotwithstanding any other law, a city, county, begin insertA public entity end insertthat owns or
4city and county, or special district end delete
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 begin insert public entityend insert that
10negligenceend deletebegin delete may otherwise existend deletebegin insert existsend insert under the
11law.
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.
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