Bill Text: CA AB265 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government liability: dog parks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-12 - Chaptered by Secretary of State - Chapter 74, Statutes of 2013. [AB265 Detail]

Download: California-2013-AB265-Amended.html

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BILL NUMBER: AB 265	AMENDED
	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.