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Home My WebLink AboutItem 09- Amending Springfield code-Use of Public Trails{00032966:1} AGENDA ITEM SUMMARY Meeting Date: 5/20/2024 Meeting Type: Regular Meeting Staff Contact/Dept.: Kristina Kraaz/CAO Staff Phone No: 541-744-4061 Estimated Time: 5 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Financially Responsible and Stable Government Services ITEM TITLE: AMENDING THE SPRINGFIELD MUNICIPAL CODE TO LIMIT LIABILITY FOR USE OF PUBLIC TRAILS PER ORS 105.668 ACTION REQUESTED: Conduct a first reading of the following ordinance: AN ORDINANCE ADOPTING SECTIONS 3.330 AND 3.332 OF THE SPRINGFIELD MUNICIPAL CODE LIMITING LIABILITY FOR USE OF PUBLIC TRAILS AND UNIMPROVED RIGHTS OF WAY AND ADOPTING A SEVERABILIY CLAUSE ISSUE STATEMENT: Whether the Council wishes to limit liability for injuries and property damage arising from the use of trails in public easements and unimproved rights of way, by adopting the provisions of ORS 105.668 into the Springfield Municipal Code. ATTACHMENTS: 1 – Proposed Ordinance with Exhibit A – Proposed Code DISCUSSION/ FINANCIAL IMPACT: ORS 105.668 provides immunity against negligence claims arising from the use of a trail or structures in an unimproved right of way or public easement. Examples of such facilities in the City of Springfield include pedestrian accessways that provide neighborhood connectivity, unimproved rights of way that are used by the public such as the Weyerhaeuser Haul Road, and multiuse paths such as the Mill Race Path and Middle Fork Path. ORS 105.668 automatically applies to cities with populations of 500,000 or more. Smaller cities, such as Springfield, may opt into ORS 105.668. If Springfield opts into the law, the it would protects the following people and organizations: • The City’s officers, employees, and agents when performing their duties, • Owners of the land abutting the public trail or unimproved right of way, and • Nonprofits and their volunteers that construct or maintain public trails. The City Attorney’s Office recommends opting into the liability limits in ORS 105.668 by adopting its provisions into the Springfield Municipal Code, because ORS 105.668 provides broader immunity than typical recreational immunity. ORS 105.668 explicitly extends to the City’s officers, employees, and agents, whereas the Oregon Supreme Court has held that recreational immunity under ORS 105.682 only applies to the “owner” of the land, which may not include officers, employees, and agents of a city. Opting into ORS 105.668 helps to incentivize landowners to grant public easements and rights of way by providing increased liability protections for their abutting property. It also helps encourage community nonprofits to assist with maintaining and improving trails by extending immunity to these entities and the volunteers. Last, ORS 105.668 grants immunity only for claims arising from negligence, not for all potential liability for trail uses. The City and the other entities could still be held liable for some claims, such as claims caused by intentional acts or unusually dangerous activities. {00032968:1} PAGE 1 of 1 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ AN ORDINANCE ADOPTING SECTIONS 3.330 AND 3.332 OF THE SPRINGFIELD MUNICIPAL CODE LIMITING LIABILITY FOR USE OF PUBLIC TRAILS AND UNIMPROVED RIGHTS OF WAY AND ADOPTING A SEVERABILIY CLAUSE WHEREAS, ORS 105.668 provides immunity against negligence claims arising from the use of a trail or structures in an unimproved right of way or public easement; WHEREAS, ORS 105.668 applies to cities with populations of 500,000 or more and those cities’ agents, officers, and employees, to the extent they are covered by ORS 30.285; owners of the land abutting the public unimproved right of way or public easement; and nonprofits and their volunteers that construct or maintain the trail or structure in the right of way or public easement, WHEREAS, cities with populations less than 500,000 may opt to limit liability under ORS 105.668 by adopting an ordinance, resolution, rule, order, or other regulation; WHEREAS, the City of Springfield owns or maintains trails in public easements and improved rights of way that are open to users on foot, horse, bicycle, or other nonmotorized vehicles; and WHEREAS, the Common Council finds it in the best interest of the City to opt into the liability limits of ORS 105.668 for the purpose of incentivizing landowners to grant public easements and rights of way and nonprofits to construct or maintain trails and structures in public easements and rights of way, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Sections 3.330 and 3.332 are hereby added to the Springfield Municipal Code as provided in Exhibit A, attached hereto and incorporated by reference. Section 2. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2024, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of __________, 2024. _______________________ Mayor ATTEST: __________________________ City Recorder Attachment 1 Page 1 of 3 {00032969:1} Exhibit A LIMITED LIABILITY FOR USE OF PUBLIC TRAILS (ORS 105.668) 3.330. Definitions As used in sections 3.330 and 3.332, 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. A trail includes but is not limited to an accessway, bikeway, multiuse path, pedestrian trail, or shared use path, as defined in Springfield Development Code 6.1.110, but does not include any facilities located within a public street right-of-way. 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, but does not include a platted private street. 3.332 Limited Liability for Use of Public Trails 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 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; 2. The 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; 3. The owner of land abutting the public easement or unimproved right-of-way in the City; 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 in the City. B. This section does not grant immunity from liability: Exhibit A Page 1 of 2 Attachment 1 Page 2 of 3 {00032969:1} 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 gross negligence or reckless, wanton, or intentional misconduct. 3. For an activity for which the actor is strictly liable without regard to fault. Exhibit A Page 2 of 2 Attachment 1 Page 3 of 3