HomeMy WebLinkAboutOrdinance No. 6478 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6478
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 3rd day of June , 2024,
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 3rd day of June , 2024.
Mayor
ATTEST:
REVIEWED&APPROVED
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City Recorder DATE:
SPRINGFIELD CITY ATTORNEYS OFFICE
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Exhibit A
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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:
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Ordinance No. 6478
Exhibit A
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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.
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Ordinance No. 6478