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. (a) An operator of a skateboard park shall not permit a
person to ride a skateboard in the park, unless that person is
wearing a helmet, elbow pads, and knee pads.
(b) With respect to a facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
riding a recreational skateboard, and that is not supervised on a
regular basis, the requirements of subdivision (a) may be satisfied
by compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring
a person riding a skateboard at the facility to wear a helmet, elbow
pads, and knee pads.
(2) The posting of signs at the facility affording reasonable
notice that a person riding a skateboard in the facility must wear a
helmet, elbow pads, and knee pads, and that a person failing to do so
will be subject to citation under the ordinance required by
paragraph (1).
(c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
(d) (1) Riding a skateboard at a facility or park owned or
operated by a public entity as a public skateboard park, as provided
in paragraph (3), shall be deemed a hazardous recreational activity
within the meaning of Section 831.7 of the Government Code if all of
the following conditions are met:
(A) The person riding the skateboard is 12 years of age or older.
(B) The riding of the skateboard that caused the injury was stunt,
trick, or luge riding.
(C) The skateboard park is on public property that complies with
subdivision (a) or (b).
(2) In addition to subdivision (c) of Section 831.7 of the
Government Code, this section does not limit the liability of a
public entity with respect to any other duty imposed pursuant to
existing law, including the duty to protect against dangerous
conditions of public property pursuant to Chapter 2 (commencing with
Section 830) of Part 2 of Division 3.6 of Title 1 of the Government
Code. However, this section does not abrogate or limit any other
legal rights, defenses, or immunities that may otherwise be available
at law.
(3) (A) Except as provided in subparagraph (B), for public
skateboard parks that were constructed on or before January 1, 1998,
this subdivision shall apply to hazardous recreational activity
injuries incurred on or after January 1, 1998, and before January 1,
2001. For public skateboard parks that are constructed after January
1, 1998, this subdivision shall apply to hazardous recreational
activity injuries incurred on or after January 1, 1998. For purposes
of this subdivision, a skateboard facility that is a movable facility
shall be deemed constructed on the first date it is initially made
available for use at a location by the local public agency.
(B) For public skateboard parks that were constructed after
January 1, 1996, and before January 1, 1998, this subdivision shall
apply to hazardous recreational activity injuries incurred on or
after January 1, 2012.
(4) The appropriate local public agency shall maintain a record of
all known or reported injuries incurred by a person riding a
skateboard in a public skateboard park or facility. The local public
agency shall also maintain a record of all claims, paid and not paid,
including any lawsuits and their results, arising from those
incidents that were filed against the public agency. Copies of the
records of claims and lawsuits shall be filed annually, no later than
January 30 each year, with the Assembly Committee on Judiciary and
the Senate Committee on Judiciary.
(5) (A) Except as provided in subparagraph (B), this subdivision
shall not apply on or after January 1, 2001, to public skateboard
parks that were constructed on or before January 1, 1998, but shall
continue to apply to public skateboard parks that are constructed
after January 1, 1998.
(B) On and after January 1, 2012, this subdivision shall apply to
public skateboard parks that were constructed on or after January 1,
1996.
(e) This section shall become operative on January 1, 2020.