BILL NUMBER: AB 265	INTRODUCED
	BILL TEXT


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 introduced, 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
that owns or operates a dog park with specified signage is 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.
   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 city, county, or city and county 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.
   (b) Nothing in this section shall be construed to affect the
liability of a city, county, or city and county for negligence
resulting from the failure of the city, county, or city and county to
maintain a dog park that it owns or operates.