Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1146

Introduced by Assembly Member Jones

February 27, 2015

An act to begin delete amend end delete begin insert amend, repeal, and add end insert Section 115800 of the Health and Safety Code, relating to recreational safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 1146, as amended, 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 begin delete defined end delete begin insert defined, until an unspecified date end insert .

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) An operator of a skateboard park shall not permit
a person to ride a skateboard 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 a facility, owned or operated by a local public
agency, that is designed and maintained for the purpose of riding
a recreational skateboard 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 a person riding a skateboard or other wheeled 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 a person riding a skateboard or other wheeled
recreational device in the facility must wear a helmet, elbow pads,
and knee pads, and that a person failing to do so will be subject to
citation 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” begin delete includes, but is not limited to, end delete begin insert means end insert nonmotorized
bicycles, scooters, in-line skates, roller skates, or wheelchairs.

(e) (1) Riding a skateboard or other wheeled recreational device,
or any concurrent combination of these activities at 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 riding the skateboard or other wheeled
recreational device is 12 years of age or older.

(B) The riding of the skateboard or other wheeled recreational
device that caused the injury was stunt, trick, or luge riding.

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

(2) In addition to subdivision (c) of Section 831.7 of the
Government Code, this section 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, this section 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, a skateboard facility that is a
movable facility shall be deemed constructed on the first date it is
initially made available for use at 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 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. 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.

begin insert

(f) This section shall remain in effect only until _____ and as
of that date is repealed, unless a later enacted statute, that is
enacted before ______, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 115800 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 115800. end insert   

(a) An operator of a skateboard park shall not permit
a person to ride a skateboard in the park, unless that person is
wearing a helmet, elbow pads, and knee pads.

(b) With respect to a facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
riding a recreational skateboard, 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 a person riding a skateboard at the facility to wear a
helmet, elbow pads, and knee pads.

(2) The posting of signs at the facility affording reasonable
notice that a person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that a person failing to
do so will be subject to citation under 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) (1)   Riding a skateboard at 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 riding the skateboard is 12 years of age or older.

(B) The riding of the skateboard that caused the injury was
stunt, trick, or luge riding.

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

(2) In addition to subdivision (c) of Section 831.7 of the
Government Code, this section 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, this section 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, a skateboard facility that is a
movable facility shall be deemed constructed on the first date it is
initially made available for use at 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 person riding a
skateboard 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. 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.

(e) This section shall become operative on ________.

end insert