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AGENDA TITLE: Resolution Supporting AB1296 Making Skateboarding a
Hazardous Recreational Activity
MEETING DATE: April 16, 1997
SUBMITTED BY: City Attorney
RECOMMENDED ACTION: That the City Council adopt the Resolution Supporting AB1296
making skateboarding a hazardous recreational activity.
BACKGROUND INFORMATION: AB1296 has been introduced in this year's legislative session
by Assembly Member Morrow. He is joined in that introduction
by Assembly Members Mazzoni and Strom -Martin. Senator Mike Thompson has as well been placed
on the bill as a co-author.
The purpose of the bill is to add skateboarding to Government Code §831.7. That particular
Government Code Section sets out various activities which have been designated as hazardous
recreational activities. By classifying skateboarding as a hazardous recreational activity under that
Government Code Section, the City gains a high degree of protection from damages or injuries suffered
while participating in such an activity on publicly owned property. Other activities currently included as
hazardous recreational activities are for example water skiing, whitewater rafting, surfing, trampolining,
bicycle racing or jumping, mountain bicycling, cross country and downhill skiing.
Attached to this memorandum you will find an accident history for the skateboard park. A review of that
accident history clearly supports that skateboarding is an activity which should be considered a
hazardous recreational activity. If you choose to adopt the resolution indicating support for AB1296,
copies of the resolution will be sent to the Senate Judiciary Committee as well as members of the
Assembly Judiciary Committee. It should be pointed out that a similar bill received substantial by -
partisan support last year and met with a great deal of success in the Assembly. However, the bill that
was presented last year did not make its way out of the Senate Judiciary Committee. A copy of your
support resolution would as well be sent to Senator Johnston and Assembly Member Bowler.
Additionally, the City is in receipt of a Notice of Cancellation/Non-Renewal of the insurance policy for
the Skate Park effective July 1, 1997_ The current carrier no longer provides this coverage.
FUNDING: Not applicable.
Q
RANDALL A. HAYS, ty Attorney
APPROVED:
H. D. FLYNN
City Manager
Update 4/8/97
SKATE PARK
REPORTED ACCIDENT HISTORY
3/16/96
Keith Tankersly
Broken Arm
3/29/96
Brandon Steed
Injured Arm
4117/96
John Coughran
Broken Wrist
5131196
Gabe Subry
Lacerations to
Hands, Arms &
Wrists
7/19/96
Jeff Grady
Cut Chin
819/96
Nick Parrish
Sprained Ankle
8/17/96
Chance Dunstan
Chipped Elbow
8/17196
Dustin Dais
Sprained Wrist
8/22/96
Brandon Hutton
Sprained Wrist
8/24/96
Kevin Berry
Lacerations on Leg
8129/96
Jeffery Machado
Broken Leg
11/9196
Terry Blehm
Broken Leg
11/21/96
Mako Urabe
Broken Ankle
12/6196
Nick Parrish
Pulled Ligaments
12/7/96
Brandon Dreher
Bruised Knee
1/9/97
Justin Rabara
Neck Pain
1/25/97
Billy Hutchings
Sprained Wrist
2/8/97
Craig Wilson
Sprained Wrist
3/8/97
Scott Johnson
Possible Chipped
Collar Bone
3/28/97
Chris Brunkhorst
Broken Ankle
RESOLUTION NO. 97-47
A RESOLUTION OF THE LODI CITY COUNCIL
EXPRESSING ITS SUPPORT FOR AB1296 DEFINING
SKATEBOARDING AS A HAZARDOUS RECREATIONAL ACTIVITY
WHEREAS, § 831.7 of the California Government Code defines certain
recreational activities as hazardous recreational activities; and
WHEREAS, said section provides that neither public entities nor public
employees are liable to any person who participates or engages in a hazardous
recreational activity on publicly owned property; and
WHEREAS, skateboarding creates a substantial risk of injury to a person
who participates in such activity.
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council
hereby expresses its support for AB1296 introduced in the 1997-98 regular
session of the California Legislature, which adds skateboarding to California
Government Code §831.7, thereby defining skateboarding as a hazardous
recreational activity.
Dated: April 16, 1997
I hereby certify that Resolution No. 97-47 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held April 16, 1997 by the
following vote:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
JENNIFER M. PERRIN
City Clerk
97-47