Chapter 4.02
IMMUNITY FROM LIABILITY LIMITED FROM PRIVATE CLAIMS RESULTING FROM USE OF TRAILS IN PUBLIC EASEMENTS OR UNIMPROVED RIGHT-OF-WAY
Sections:
4.02.010 Purpose.
The city council has determined it is in the public interest to opt into the immunities from liability for public use of trails or structures in public easements/rights-of-way that is available to cities under ORS 105.668. (Ord. 2117 §1 (Exh. A), 2024).
4.02.020 Definitions.
As used in this chapter, the following definitions apply:
A. “Public easement” means a platted or dedicated easement for public access that is accessible by a user on foot, horseback, bicycle or other similar conveyance, but does not include a platted or dedicated public access easement over private streets.
B. “Structures” means improvements in a trail, including, but not limited to, stairs and bridges that are accessible by a user on foot, horseback, bicycle or other nonmotorized vehicle or conveyance.
C. “Trail” means a travel way for pedestrians and bicycles that is separate from automobiles, and includes a multi-use path or multi-use trail, and includes the greenway, but does not include a bike lane, shoulder bikeway, or shared roadway.
D. “Unimproved right-of-way” means a platted or dedicated public right-of-way over which a street, road or highway has not been constructed to the standards and specifications of the city with jurisdiction over the public right-of-way and for which the city has not expressly accepted responsibility for maintenance. (Ord. 2117 §1 (Exh. A), 2024).
4.02.030 Liability limited.
A. A personal injury or property damage resulting from use of a trail that is in a public easement or an unimproved right-of-way, or from use of structures in a public easement or unimproved right-of-way, by a user on foot, on a horse, on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:
1. The city of Central Point;
2. The city of Central Point’s officers, employees or agents to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;
3. The owner of land abutting the public easement or unimproved right-of-way; or
4. A nonprofit corporation and its volunteers for the construction and maintenance of the trail or the structures in a public easement or unimproved right-of-way.
B. The immunity granted by this section from a private claim or right of action based on negligence does not grant immunity from liability:
1. Except as provided in subsection (A)(2) of this section, to a person that receives compensation for providing assistance, services or advice in relation to conduct that leads to a personal injury or property damage;
2. For personal injury or property damage resulting from gross negligence or from reckless, wanton or intentional misconduct; or
3. For an activity for which a person is strictly liable without regard to fault. (Ord. 2117 §1 (Exh. A), 2024).