California Legislature—2015–16 Regular Session

Assembly Bill No. 1146

Introduced by Assembly Member Jones

February 27, 2015

An act to amend Section 115800 of the Health and Safety Code, relating to recreational safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 1146, as introduced, Jones. Skateboard parks.

Existing law prohibits an operator of a skateboard park from permitting a person to ride a skateboard at the park, unless the person is wearing a helmet, elbow pads, and knee pads. Existing law provides that a skateboard facility owned or operated by a local public agency that is not supervised on a regular basis may satisfy the above requirement if it complies with certain things, including the adoption of an ordinance that requires a person riding a skateboard in the facility to wear a helmet, elbow pads, and knee pads, as provided. Existing law provides that a public entity is not liable to a person who participates in a hazardous recreational activity and skateboarding at a facility owned or operated by a public entity as a public skateboard park is a hazardous recreational activity, if certain conditions are met.

For purposes of the above provisions relating to skateboard safety and liability, among others, this bill would include other wheeled recreational devices, as defined.

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 115800 of the Health and Safety Code
is amended to read:

115800.  

(a)  begin delete No end delete begin insert An end insert begin insert end insert operator of a skateboard park shall begin insert not end insert
permit begin delete any end delete begin insert a end insert person to ride a skateboard begin delete therein end delete begin insert or other wheeled
recreational device in the skateboard park end insert , unless that person is
wearing a helmet, elbow pads, and knee pads.

(b) With respect to begin delete any end delete begin insert a end insert facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
begin insert riding a end insert recreational skateboard begin delete use, end delete begin insert or other wheeled recreational
device, end insert and that is not supervised on a regular basis, the
requirements of subdivision (a) may be satisfied by compliance
with the following:

(1) Adoption by the local public agency of an ordinance
requiring begin delete any end delete begin insert a end insert person riding a skateboard begin insert or other wheeled
recreational device end insert at the facility to wear a helmet, elbow pads,
and knee pads.

(2) The posting of signs at the facility affording reasonable
notice that begin delete any end delete begin insert a end insert person riding a skateboard begin insert or other wheeled
recreational device end insert in the facility must wear a helmet, elbow pads,
and knee pads, and that begin delete any end delete begin insert a end insert person failing to do so will be subject
to citation begin delete under end delete begin insert pursuant to end insert the ordinance required by paragraph
(1).

(c) “Local public agency” for purposes of this section includes,
but is not limited to, a city, county, or city and county.

begin insert

(d) For purposes of this section, “other wheeled recreational
device” includes, but is not limited to, nonmotorized bicycles,
scooters, in-line skates, roller skates, or wheelchairs.

end insert begin delete

(d)

end delete

begin insert (e) end insert  (1)  begin delete Skateboarding end delete begin insert Riding a skateboard or other wheeled
recreational device, or any concurrent combination of these
activities end insert begin insert end insert at begin delete any end delete begin insert a end insert facility or park owned or operated by a public
entity as a public skateboard park, as provided in paragraph (3),
shall be deemed a hazardous recreational activity within the
meaning of Section 831.7 of the Government Code if all of the
following conditions are met:

(A) The person begin delete skateboarding end delete begin insert riding the skateboard or other
wheeled recreational device end insert is 12 years of age or older.

(B) The begin delete skateboarding activity end delete begin insert riding of the skateboard or other
wheeled recreational device end insert that caused the injury was stunt, trick,
or luge begin delete skateboarding. end delete begin insert riding. end insert

(C) The skateboard park is on public property that complies
with subdivision (a) or (b).

(2) In addition to begin delete the provisions of end delete subdivision (c) of Section
831.7 of the Government Code, begin delete nothing in end delete this section begin delete is intended
to end delete begin insert does not end insert limit the liability of a public entity with respect to any
other duty imposed pursuant to existing law, including the duty to
protect against dangerous conditions of public property pursuant
to Chapter 2 (commencing with Section 830) of Part 2 of Division
3.6 of Title 1 of the Government Code. However, begin delete nothing in end delete this
section begin delete is end delete begin delete intended to end delete begin insert does not end insert abrogate or limit any other legal
rights, defenses, or immunities that may otherwise be available at
law.

(3) (A) Except as provided in subparagraph (B), for public
skateboard parks that were constructed on or before January 1,
1998, this subdivision shall apply to hazardous recreational activity
injuries incurred on or after January 1, 1998, and before January
1, 2001. For public skateboard parks that are constructed after
January 1, 1998, this subdivision shall apply to hazardous
recreational activity injuries incurred on or after January 1, 1998.
For purposes of this subdivision, begin delete any end delete begin insert a end insert skateboard facility that is
a movable facility shall be deemed constructed on the first date it
is initially made available for use at begin delete any end delete begin insert a end insert location by the local
public agency.

(B) For public skateboard parks that were constructed after
January 1, 1996, and before January 1, 1998, this subdivision shall
apply to hazardous recreational activity injuries incurred on or
after January 1, 2012.

(4) The appropriate local public agency shall maintain a record
of all known or reported injuries incurred by a begin delete skateboarder end delete begin insert person
riding a skateboard or other wheeled recreational device end insert in a
public skateboard park or facility. The local public agency shall
also maintain a record of all claims, paid and not paid, including
any lawsuits and their results, arising from those incidents that
were filed against the public agency. begin delete Beginning in 2013, copies end delete
begin insert Copies end insert of the records of claims and lawsuits shall be filed annually,
no later than January 30 each year, with the Assembly Committee
on Judiciary and the Senate Committee on Judiciary.

(5) (A) Except as provided in subparagraph (B), this subdivision
shall not apply on or after January 1, 2001, to public skateboard
parks that were constructed on or before January 1, 1998, but shall
continue to apply to public skateboard parks that are constructed
after January 1, 1998.

(B) On and after January 1, 2012, this subdivision shall apply
to public skateboard parks that were constructed on or after January
1, 1996.

begin insert

(6) For purposes of injuries that occur while operating a
wheeled recreational device described in subdivision (d) in a
skateboard facility, this subdivision shall apply to any claim filed
on or after January 1, 2016.

end insert