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Resolution No. 17-12 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- /©2 A RESOLUTION RECOMMENDING RESTORING RECREATIONAL IMMUNITY RIGHTS WHEREAS, in 1995, the Legislative Assembly declared it to be the public policy of the State of Oregon to encourage landowners to make their land available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes;and WHEREAS,the City of Tigard has more than 550 acres of parks,greenways and natural areas;and WHEREAS, the City of Tigard's strategic plan is committed to encouraging "people of all ages and abilities enjoy healthy and interconnected lives;"and WHEREAS, recreational purposes is defined as, but not limited to, outdoor activities such as exercising, cycling, children playing, sport, swimming, boating, camping, picnicking, hiking, nature study, outdoor educational activities, water sports, winter sports, viewing or enjoying historical, archaeological, scenic or scientific sites or volunteering for any public purpose project,including the above aforementioned activities, as well as:gardening,woodcutting and for the harvest of special forest products;and WHEREAS, the Public Use of Lands Act has increased the availability of land for free recreation by citizens and visitors alike by limiting liability to cities, counties, park districts, irrigation districts, schools and private landowners, including property-owner associations, farmers and timber companies that, by virtue of this act, allow members of the public to use or traverse their lands at no charge for recreation purposes;and WHEREAS, for twenty years, the Public Use of Lands Act has been broadly interpreted to extend this immunity from liability to apply not only to landowners but also to the landowner's employees, agents, and volunteers;and WHEREAS,in Jobnson a Gibson, the Oregon Supreme Court held that when the Legislature passed the Public Use of Lands Act,it intended to immunize only the landowner,otherwise the Legislative Assembly would have included employees,agents and volunteers in the Act;and WHEREAS,this ruling effectively undermines a landowner's recreational immunity from tort liability under the Act because public employers are statutorily required to represent and indemnify their employees and most,if not all, landowners who allow access to their lands free of charge will ultimately be responsible for the negligence of their employees that results in injury to a member of the public or property;and WHEREAS,landowners will likely face substantially increased insurance premiums for this new risk exposure and/or have to close their property or amenities to Oregonians trying to recreate due to the result of this decision;and WHEREAS, The Tigard Park and Recreation Advisory Board has recommended support of legislation to restore recreational immunity; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: RESOLUTION NO. 17- Page 1 SECTION 1: The Council supports legislation in the 2017 Oregon Legislative Assembly that will restore recreational immunity rights to landowners and their officers, employees, agents, or volunteers who are acting within the scope of their employment or duties so as to allow Oregonians to access their lands for recreational use and enjoyment. SECTION 2: This resolution is effective immediately upon passage. PASSED: This -'2 day of �Vrtf ifr 2017. ° 1 Mayor-oty of Tigard ATTEST: City Recorder-City of Tigard 1,7 RESOLUTION NO. 17- Page 2