Chapter 12.70
LIMITATION ON LIABILITY
Sections:
12.70.010 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, on a horse or on a bicycle or other nonmotorized vehicle or conveyance.
C. “Trail” means a travel way for pedestrians, bicycles, and other nonmotorized means of transportation.
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. 2-2024 § 2 (Exh. A))
12.70.020 Liability limited.
A. A personal injury or property damage resulting from use of a trail that is in a public easement or in an unimproved right-of-way, or from use of structures in the public easement or unimproved right-of-way, by a user on foot, on a horse or 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 Fairview.
2. The city of Fairview’s officers, employees, or agents to the extent that 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.
4. A nonprofit corporation and its volunteers for the construction and maintenance of the trail or structures in a public easement or unimproved right-of-way.
B. The immunity granted by this section does not extend to:
1. Except as provided by subsection (A)(2) of this section, a person that receives compensation for assistance, services, or advice in relation to conduct that leads to a personal injury or property damage.
2. Personal injury or property damage resulting from gross negligence or from reckless, wanton, or intentional misconduct.
3. An activity for which a person is strictly liable without regard to fault. (Ord. 2-2024 § 2 (Exh. A))