California Assembly Bill AB265 Amended / Bill

 BILL NUMBER: AB 265AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 12, 2013 INTRODUCED BY Assembly Member Gatto FEBRUARY 7, 2013 An act to add Section 831.7.5 to the Government Code, relating to local government liability. LEGISLATIVE COUNSEL'S DIGEST AB 265, as amended, Gatto. Local government liability: dog parks. Existing law governs the tort liability and immunity of, and claims and actions against, a public entity, including a city, county, and city and county. Existing law makes the owner of any dog civilly liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, as specified, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. This bill would provide that a city, county,  or  city and county  , or special district  that owns or operates a dog park with specified signage is immune from civil liability   shall not be held liable  for  damages   any injury or death  suffered by any person or dog who is bitten by a dog or suffers any other dog-inflicted injury while in the dog park.   or pet resulting solely from the actions of a dog in the dog park.  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 831.7.5 is added to the Government Code, to read: 831.7.5. (a)  A   Notwithstanding any other   law, a  city, county,  or  city and county  , or special district  that owns or operates a dog park  with signage stating that dog owners use the dog park at their own risk shall be immune from civil liability for damages suffered by any person or dog who is bitten by a dog or suffers any other dog-inflicted injury while in the dog park.   shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park.  (b)  Nothing in this   This  section shall not  be construed to  otherwise  affect the liability of a city, county,  or  city and county  , or special district including, but not limited to, liability  for  negligence resulting from the failure of the city, county, or city and county to maintain a dog park that it owns or operates.   creating or maintaining a dangerous condition of public property as set forth in Section 835.