Ord. 2624 - Limiting Liability Claims Arising from use of city trails and unimproved rights of way ORS105.668 COUNCIL BILL NO. 3247
ORDINANCE NO. 2624
AN ORDINANCE LIMITING LIABILITY FROM CLAIMS ARISING OR RESULTING FROM
THE USE OF CITY TRAILS AND UNIMPROVED RIGHTS-OF-WAY UNDER ORS 105.668;
AND DECLARING AN EMERGENCY
WHEREAS, ORS 105.668(2) limits the liability of local governments, adjacent
property owners, and certain non-profit groups for injuries or property damage
that result from the public's non-motorized use of trails or structures that are in a
public easement or an unimproved right of way; and
WHEREAS, ORS 105.668(3) authorizes local governments with populations
less than 500,000 to adopt such limitation of liability by ordinance; and
WHEREAS, the City of Woodburn's population is less than 500,000; and
WHEREAS, the City has trails or structures within its public easements and
unimproved rights-of-way that may be used by the public for non-motorized
activities such as walking, hiking, or biking; and
WHEREAS, the City finds that the city's trails and structures are an
important public amenity, that the public's use of such trails or structures is
important for the health and enjoyment of the community, and that use should
be encouraged; and
WHEREAS, the City finds that it is important to protect the City, adjacent
property owners, and certain nonprofit groups who provide the public with
access to and perform maintenance for such trails and structures so that the
public may continue to access such trails and structures; and
WHEREAS, the City desires to adopt the immunities from liability provided
under ORS 105.668 to further the public interest by protecting and supporting
efforts and activities of the City, property owners, and parties that create and
maintain trails and make such trails available for public use; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Limitation on Liability. Pursuant to ORS 105.668(3), the City of
Woodburn hereby opts to limit its liability in the manner established by ORS
105.668(2), including for liability for personal injury or property damage resulting
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Ordinance No. 2624
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 nonmoforized vehicle or
conveyance.
The immunity from liability described above shall also extend to:
(a) All officers, employees or agents of the City to the extent the officers,
employees or agents are entitled to defense and indemnification
under ORS 30.285;
(b) The owners of land abutting a public easement or unimproved right
of way in the City; and
(c) Any nonprofit corporation and its volunteers for the construction and
maintenance of any trail or the structures in a public easement or
unimproved right of way in the City.
Section 2. Definitions. All terms not otherwise defined herein shall have the
meaning given that term in ORS 105.668.
Section 3. Emergency. This ordinance, being necessary for the immediate
preservation of the public peace, health, and safety, and to ensure the City has
necessary immunity from certain liability provided under ORS 105.668, an
emergency is declared to exist and this ordinance shall take effect immediately
upon passage by the Council and approval by the Mayor.
Approved as to form: �-�—
City AttKrney Date
Approved*
Frank Lonerg'6n, Mayor
Passed by the Council
Submitted to the Mayor
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Ordinance No. 2624
Approved by the Mayor
Filed in the Office of the Recorder zob�
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Ordinance No. 2624