California 2013 2013-2014 Regular Session

California Assembly Bill AB265 Amended / Bill

Filed 06/10/2013

 BILL NUMBER: AB 265AMENDED BILL TEXT AMENDED IN SENATE JUNE 10, 2013 AMENDED IN ASSEMBLY APRIL 29, 2013 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  , but not limited to,  a city, county,  and  city and county  , district, and any other political subdivision  . 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, city and county, or special district   public entity, as defined,  that owns or operates a dog park shall not be held liable for any injury or death suffered by any person 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)  Notwithstanding any other law, a city, county, city and county, or special district   A public entity  that owns or operates a 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) This section shall not be construed to  otherwise  affect the liability of a  city, county, city and county, or special district for negligence   public entity  that  may otherwise exist   exists  under the law.  (c) "Public entity" has the same meaning as Section 811.2, and includes, but is not limited to, cities, counties, cities and counties, and special districts.