BILL NUMBER: AB 1146 INTRODUCED
BILL TEXT
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) No An
operator of a skateboard park shall not permit
any a person to ride a skateboard
therein or other wheeled recreational device in the
skateboard park , unless that person is wearing a helmet, elbow
pads, and knee pads.
(b) With respect to any a facility,
owned or operated by a local public agency, that is designed and
maintained for the purpose of riding a recreational
skateboard use, or other wheeled recreational
device, 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
any a person riding a skateboard
or other w heeled recreational device at the
facility to wear a helmet, elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable
notice that any a person riding a
skateboard or other wheeled recreational device in the
facility must wear a helmet, elbow pads, and knee pads, and that
any a person failing to do so will be
subject to citation under pursuant to
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.
(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.
(d)
(e) (1) Skateboarding Riding a
skateboard or other wheeled recreational device, or any concurrent
combination of these activities at any
a 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 skateboarding riding the
skateboard or other wheeled recreational device is 12 years of
age or older.
(B) The skateboarding activity riding of
the skateboard or other wheeled recreational device that caused
the injury was stunt, trick, or luge skateboarding.
riding.
(C) The skateboard park is on public property that complies with
subdivision (a) or (b).
(2) In addition to the provisions of
subdivision (c) of Section 831.7 of the Government Code,
nothing in this section is intended to
does not 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,
nothing in this section is
intended to does not 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, any a skateboard
facility that is a movable facility shall be deemed constructed on
the first date it is initially made available for use at any
a 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 skateboarder
person riding a skateboard or other wheeled
recreational device 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.
Beginning in 2013, copies Copies 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.
(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.