Amended in Assembly April 16, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1146


Introduced by Assembly Member Jones

February 27, 2015


An act to amend, repeal, and add 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 defined, untilbegin delete an unspecified date.end deletebegin insert January 1, 2020.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:

P2    1

SECTION 1.  

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

3

115800.  

(a) An operator of a skateboard park shall not permit
4a person to ride a skateboard or other wheeled recreational device
5in the skateboard park, unless that person is wearing a helmet,
6elbow pads, and knee pads.

7(b) With respect to a facility, owned or operated by a local public
8agency, that is designed and maintained for the purpose of riding
9a recreational skateboard or other wheeled recreational device,
10and that is not supervised on a regular basis, the requirements of
11subdivision (a) may be satisfied by compliance with the following:

12(1) Adoption by the local public agency of an ordinance
13requiring a person riding a skateboard or other wheeled recreational
14device at the facility to wear a helmet, elbow pads, and knee pads.

15(2) The posting of signs at the facility affording reasonable
16notice that a person riding a skateboard or other wheeled
17recreational device in the facility must wear a helmet, elbow pads,
18and knee pads, and that a person failing to do so will be subject to
19citation pursuant to the ordinance required by paragraph (1).

20(c) “Local public agency” for purposes of this section includes,
21but is not limited to, a city, county, or city and county.

22(d) For purposes of this section, “other wheeled recreational
23device” means nonmotorized bicycles, scooters, in-line skates,
24roller skates, or wheelchairs.

25(e) (1) Riding a skateboard or other wheeled recreational device,
26or any concurrent combination of these activities at a facility or
27park owned or operated by a public entity as a public skateboard
28park, as provided in paragraph (3), shall be deemed a hazardous
29recreational activity within the meaning of Section 831.7 of the
30Government Code if all of the following conditions are met:

31(A) The person riding the skateboard or other wheeled
32recreational device is 12 years of age or older.

33(B) The riding of the skateboard or other wheeled recreational
34device that caused the injury was stunt, trick, or luge riding.

P3    1(C) The skateboard park is on public property that complies
2with subdivision (a) or (b).

3(2) In addition to subdivision (c) of Section 831.7 of the
4Government Code, this section does not limit the liability of a
5public entity with respect to any other duty imposed pursuant to
6existing law, including the duty to protect against dangerous
7conditions of public property pursuant to Chapter 2 (commencing
8with Section 830) of Part 2 of Division 3.6 of Title 1 of the
9Government Code. However, this section does not abrogate or
10limit any other legal rights, defenses, or immunities that may
11otherwise be available at law.

12(3) (A) Except as provided in subparagraph (B), for public
13skateboard parks that were constructed on or before January 1,
141998, this subdivision shall apply to hazardous recreational activity
15injuries incurred on or after January 1, 1998, and before January
161, 2001. For public skateboard parks that are constructed after
17January 1, 1998, this subdivision shall apply to hazardous
18recreational activity injuries incurred on or after January 1, 1998.
19For purposes of this subdivision, a skateboard facility that is a
20movable facility shall be deemed constructed on the first date it is
21initially made available for use at a location by the local public
22agency.

23(B) For public skateboard parks that were constructed after
24January 1, 1996, and before January 1, 1998, this subdivision shall
25apply to hazardous recreational activity injuries incurred on or
26after January 1, 2012.

27(4) The appropriate local public agency shall maintain a record
28of all known or reported injuries incurred by a person riding a
29skateboard or other wheeled recreational device in a public
30skateboard park or facility. The local public agency shall also
31maintain a record of all claims, paid and not paid, including any
32lawsuits and their results, arising from those incidents that were
33filed against the public agency. Copies of the records of claims
34and lawsuits shall be filed annually, no later than January 30 each
35year, with the Assembly Committee on Judiciary and the Senate
36Committee on Judiciary.

37(5) (A) Except as provided in subparagraph (B), this subdivision
38shall not apply on or after January 1, 2001, to public skateboard
39parks that were constructed on or before January 1, 1998, but shall
P4    1continue to apply to public skateboard parks that are constructed
2after January 1, 1998.

3(B) On and after January 1, 2012, this subdivision shall apply
4to public skateboard parks that were constructed on or after January
51, 1996.

6(6) For purposes of injuries that occur while operating a wheeled
7recreational device described in subdivision (d) in a skateboard
8facility, this subdivision shall apply to any claim filed on or after
9January 1, 2016.

10(f) This section shall remain in effect only untilbegin delete _____end deletebegin insert January
111, 2020,end insert
and as of that date is repealed, unless a later enacted
12statute, that is enacted beforebegin delete ______end deletebegin insert January 1, 2020end insert, deletes or
13extends that date.

14

SEC. 2.  

Section 115800 is added to the Health and Safety Code,
15to read:

16

115800.  

(a) An operator of a skateboard park shall not permit
17a person to ride a skateboard in the park, unless that person is
18wearing a helmet, elbow pads, and knee pads.

19(b) With respect to a facility, owned or operated by a local public
20agency, that is designed and maintained for the purpose of riding
21a recreational skateboard, and that is not supervised on a regular
22basis, the requirements of subdivision (a) may be satisfied by
23compliance with the following:

24(1) Adoption by the local public agency of an ordinance
25requiring a person riding a skateboard at the facility to wear a
26helmet, elbow pads, and knee pads.

27(2) The posting of signs at the facility affording reasonable
28notice that a person riding a skateboard in the facility must wear
29a helmet, elbow pads, and knee pads, and that a person failing to
30do so will be subject to citation under the ordinance required by
31paragraph (1).

32(c) “Local public agency” for purposes of this section includes,
33but is not limited to, a city, county, or city and county.

34(d) (1)   Riding a skateboard at a facility or park owned or
35operated by a public entity as a public skateboard park, as provided
36in paragraph (3), shall be deemed a hazardous recreational activity
37within the meaning of Section 831.7 of the Government Code if
38all of the following conditions are met:

39(A) The person riding the skateboard is 12 years of age or older.

P5    1(B) The riding of the skateboard that caused the injury was stunt,
2trick, or luge riding.

3(C) The skateboard park is on public property that complies
4with subdivision (a) or (b).

5(2) In addition to subdivision (c) of Section 831.7 of the
6Government Code, this section does not limit the liability of a
7public entity with respect to any other duty imposed pursuant to
8existing law, including the duty to protect against dangerous
9conditions of public property pursuant to Chapter 2 (commencing
10with Section 830) of Part 2 of Division 3.6 of Title 1 of the
11Government Code. However, this section does not abrogate or
12limit any other legal rights, defenses, or immunities that may
13otherwise be available at law.

14(3) (A)   Except as provided in subparagraph (B), for public
15skateboard parks that were constructed on or before January 1,
161998, this subdivision shall apply to hazardous recreational activity
17injuries incurred on or after January 1, 1998, and before January
181, 2001. For public skateboard parks that are constructed after
19January 1, 1998, this subdivision shall apply to hazardous
20recreational activity injuries incurred on or after January 1, 1998.
21For purposes of this subdivision, a skateboard facility that is a
22movable facility shall be deemed constructed on the first date it is
23initially made available for use at a location by the local public
24agency.

25(B) For public skateboard parks that were constructed after
26January 1, 1996, and before January 1, 1998, this subdivision shall
27apply to hazardous recreational activity injuries incurred on or
28after January 1, 2012.

29(4) The appropriate local public agency shall maintain a record
30of all known or reported injuries incurred by a person riding a
31skateboard in a public skateboard park or facility. The local public
32agency shall also maintain a record of all claims, paid and not paid,
33including any lawsuits and their results, arising from those incidents
34that were filed against the public agency. Copies of the records of
35claims and lawsuits shall be filed annually, no later than January
36 30 each year, with the Assembly Committee on Judiciary and the
37Senate Committee on Judiciary.

38(5) (A)   Except as provided in subparagraph (B), this subdivision
39shall not apply on or after January 1, 2001, to public skateboard
40parks that were constructed on or before January 1, 1998, but shall
P6    1continue to apply to public skateboard parks that are constructed
2after January 1, 1998.

3(B) On and after January 1, 2012, this subdivision shall apply
4to public skateboard parks that were constructed on or after January
51, 1996.

6(e) This section shall become operative onbegin delete ________end deletebegin insert January
71, 2020end insert
.



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