8-24 Recreational Immunity

CITY OF ELGIN, OREGON RESOLUTION 8 (2024)

A RESOLUTION ADOPTING THE IMMUNITY FROM LIABILITY FOR USE OF TRAILS OR STRUCTURES IN PUBLIC EASEMENTS OR UNIMPROVED RIGHTS OF WAY PROVIDED IN ORS 105.668. AS AMENDED BY SENATE BILL 1576

WHEREAS: the Elgin City Council finds that the Oregon Legislative Assembly enacted Senate Bill (SB) 1576 in its 2024 Regular Session; and

WHEREAS: as amended by SB 1576, ORS 105.668(2) provides cities with a population of 500,000 or more with immunity from liability for injury or property damage arising from use of trail or structures in public easement or unimproved right of way; and

WHEREAS: as amended by SB 1576, ORS 105.668(3) authorizes cities and counties with populations of less than 500,000 to opt in to the immunities provided in ORS 105.668(2) by adoption of an ordinance or resolution; and

WHEREAS: the City of Elgin desires to opt in to the immunities provided by ORS 105.668 to further advance the public interest by protecting and supporting efforts and activities of the City.

NOW, THEREFORE, BE IT RESOLVED THAT: 

Section 1. Immunity

Pursuant to ORS 105.668(3)(a) and (b), on behalf of the City and its elected officials, officers, employees and agents, the City of Elgin hereby opts in to the immunity from liability for injury or property damage arising from the use of trails or structures in public easements and/or unimproved rights of way as provided by ORS 105.668

Section 2. Extended Immunity

Pursuant to ORS 105.668(3)(c) and (d), the City of Elgin further opts to extend the immunity adopted in Section 1 of this Resolution to:

a. The owner(s) of land abutting public easements and unimproved right of ways located within the City; and

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.

PASSED AND ADOPTED this 14th day of May 2024.