Hello my fellow Recreation colleagues,
I am reaching out to you to find out if you have made any changes in your policies and procedures as they relate to who is or who is not allowed to use your skate park.
Windsor staff and legal representatives have analyzed the legislative history of Health & Safety Code § 115800, and the statute itself, that governs the immunity protection afforded to local agencies for “other wheeled devices” (non-motorized bicycles; scooters; in-line skates; roller skates; or wheelchairs) at skateboard parks.
We have learned that the provision related to other wheeled devices will expire on January 1, 2020. The legislative history makes it clear that the addition of “other wheeled devices” to the immunity protection was intended to be a pilot project, to “evaluate their impact on usage of skateboard parks and rates of recreation injuries.” (Assembly Jud.Comm.Rpt. AB 1146(2015) [See attached].)
Beginning January 1, 2020, the statute (Health & Safety Code § 115800) removes “other wheeled recreational device” from its immunity provisions. (See attached). Thus the immunity protections afforded by Health & Safety Code § 115800, will only apply to skateboards once again. We also did a quick review of pending legislation, and did not find anything that would either extend or remove the status of allowing other wheeled devices.
With all that said, we are inquiring:
1) Are you aware of this change and how is your agency preparing to address it?
2) Will you be allowing scooters and “other wheeled devices” in your skate parks?
3) Will you be posting signs and or information about the change in the law stating that once again you are only allowing skateboards?
4) Have you built or are you planning to build a scooter park and if so how are you proceeding knowing your agency may no longer be protected under the law.
5) Is anyone aware of any proposed legislation that would continue to allow other wheeled devices. We were unsuccessful in finding any.
Thank you in advance for reading this email and for any information you are wiling to share.
Jon Davis
Parks and Recreation Director
Town of Windsor Parks & Recreation Department
9291 Old Redwood Hwy, Bldg 300D
Windsor, CA 95492
Office: (707) 838-1268
Email: jdavis@townofwindsor.com
URL: www.townofwindsor.com