HomeMy WebLinkAbout3264 Creating Section 13.40 of AMC and Establishing Recreational Immunity Protections ORDINANCE NO. 3264
AN ORDINANCE CREATING SECTION 13.40 OF THE ASHLAND MUNICIPAL
CODE ESTABLISHING RECREATIONAL IMMUNITY PROTECTIONS
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold , and additions are bold underlined.
WHEREAS,under Oregon law, recreational immunity generally protects property owners who
have made their land available to the public without charge for recreational purposes.
Recreational immunity was originally created by the Oregon Legislature to encourage
landowners to make their lands available to the public for recreation, by providing tort immunity
for liability that might result from that access;
WHEREAS,the Oregon Legislature enacted SB 1576 in its 2024 Legislative Session, which
amended ORS 105.668 to provide immunity for liability to all local governments for the use of
trails and associated structures in public easements and unimproved rights-of-way; and
WHEREAS, SB 1576 amended ORS 105.668 to extend the immunity to all local governments
that elect to opt-in; and
WHEREAS,the City of Ashland desires to opt-in to the immunity provided by ORS 105.668;
and
WHEREAS, Senate Bill 1576 made some legislative changes which affect all public entities
without the need for an opt-in. However, a provision of SB 1576 requires affirmative opt-in to
address liability for use of"trails", "unimproved rights-of-ways", and similar areas; and
WHEREAS,adopting the opt-in as code language will provide better permanency to the
opt-in and notice to stakeholders;now,therefore,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1.—Due to liability immunity arising from the use of trail or structures in public
easement or right of way, Chapter 13.40 is hereby created to read as follows:
(1) Pursuant to ORS 105.668(3)(a) and (b), on behalf of the City and its elected officials,
officers, employees and agents,the City opts in to the immunity from liability for
iniury.or property damage arising from the use of trails or structures in public
easements and/or unimproved rights of way as provided for and authorized by ORS
105.668.
(2) Pursuant to ORS 105.668(3)(c) and (d), the City opts to extend the immunity
described in subsection(1) to:
a. The owner(s) of land abutting public easements and unimproved right of
ways located within the City; and
ORDINANCE NO. 3264 Page 1 of 2
b. Any nonprofit corporation and its volunteers for the construction and
maintenance of trails or structures in a public easement or unimproved right
of way located within the City.
(3) As applicable,to comply with State statutes, administrative rules or local
ordinances, and to act in the best interest of the City, and without further action by
the City Council,the City Officials are hereby authorized, directed, and responsible
for fulfilling the ministerial, intergovernmental,technical, compliance, procedural
or promotional functions as required for the effective administration and
implementation of this ordinance, and to take any other action as may be advisable,
convenient, necessary, or appropriate, and the execution thereof by any such City
Official shall be conclusive as to such determination.
(4) Provisions of this Ordinance shall be incorporated in the City-Code and the word
"ordinance" may be changed to "code", "article". "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction,the
remainder of this ordinance shall remain in full force and effect.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word"ordinance"may be changed to "code", "article", "section", "chapter"or another
word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however
that any Whereas clauses and boilerplate provisions(i.e. Sections 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
of the City Charter on the 3`d day of June,2025, and duly PASSED and ADOPTED this
__a_day day of ;YC 144 Q e , 2025.
PASSED by the City Council this- 77 day of `j LL4/1 p , 92025.
ATTEST: A [ ) A
Alis's`ar,oro6inski, City Recorder
SIGNED and APPROVED this J-day of ,'-T L, 44— 12025.
Tonya Graham, Mayor
Revie rm:
an etila, City Attorney
ORDINANCE NO. 3264 Page 2 of 2