An Ordinance Implementing Statutory Prerequisites

For Limited Tort Liability Immunity

Recommendation:

Staff recommends that the Hermosa Beach City Council introduce the attached ordinance and waive first reading amending Chapter 12.20 of the Hermosa Beach Municipal Code by adding a new provision designating certain areas and facilities as Recreational Areas in which in-line skating is permitted and adding a new Chapter 12.28.180 requiring the use of safety equipment at publicly owned or operated skateboard facilities.

Background:

Recent changes in the Health and Safety Code provide limited tort liability immunity for public agencies in two areas. First, in-line skating has been added to a list of activities that are considered to be "hazardous recreational activities". With this designation as a hazardous recreational activity, public agencies can be immune from liability claims for injuries to persons or property by adults who participate in or observe the activity. In order for a public agency to qualify for this immunity for in-line skating, the agency must specifically designate the areas in which in-line skating is permitted and post signs giving notice to the public that the agency is not liable for injuries sustained from the activity.

The Health and Safety Code also provides limited tort liability immunity for activities or persons over the age of 14 years at unsupervised skateboard facilities owned or operated by public agencies. Skateboarding is also designated as a hazardous recreational activity and in order for the public agency to qualify for limited liability immunity of an unsupervised facility, the City must adopt an ordinance requiring the use of safety equipment, and the agency must post signs providing notice to the public.

Following the adoption of this ordinance, the City will post the required signs in the appropriate locations in accordance with the statutes.

Analysis:

Adoption of this ordinance qualifies the City for immunity from liability in certain specific circumstances. The statutes in the Health and Safety Code are very specific in what activities are considered hazardous recreational activities and the specific requirements public agencies must meet to qualify for immunity from liability claims from persons participating in or observing these activities. In discussions with the City Attorney's Office staff considered more broad language (such as designating all public areas as recreational areas where in-line skating is permitted) in an effort to expand the City's immunity. However, as the requirements in the statutes are so specific, it was recommended that the ordinance reflect those statutory requirements as closely as possible to ensure the City qualifies for the immunity as intended.

Adoption of this ordinance and the subsequent posting of the appropriate signage are intended to meet specific statutory provisions. Separate rules, regulations, and procedures specific to the use, programming, and operation of the new Skate Track will be forwarded to the City Council for review and approval following a recommendation by the City's Parks, Recreation and Community Resources Advisory Commission.

Fiscal Impact:

The fiscal impact resulting from the adoption of this ordinance is the cost of preparing and installing the necessary signage as described above. It is estimated that the cost of these signs will be between $800 and $1,000. Adequate funds are available in the current operating budget and no additional appropriation is anticipated.

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