HomeMy WebLinkAboutOrdinance No. 26-07 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 26-0-7
AN ORDINANCE LIMITING LIABILITY FOR THE CITY OF TIGARD UNDER ORS 105.668, RECREATIONAL
IMMUNITY
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; and
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, ORS 105.668(3) provides that a city must opt-in in order to receive the fullest benefit of the
statute's limitations on liability; and
WHEREAS, the Legislature made additional changes to the recreational immunity statutes in 2025, with SB
179 adding "walking, running, [and] bicycling" to the definition of "recreational activity" and expanding
recreational immunity coverage to improved rights of way under certain circumstances; and
WHEREAS, the City of Tigard desires to opt-in to the immunity provided by ORS 105.668 through the
passage of this ordinance.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: A new Tigard Municipal Code Chapter 7.90 is hereby adopted as provided in Exhibit A
(new text in underline).
SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity does not affect the other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are severable.This City Council hereby declares
that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof and intends that the invalid portions should be severed and the balance
of the ordinance be enforced.
SECTION 3: This ordinance shall be effective 30 days after its passage by the council,signature by the
mayor,and posting by the city recorder.
PASSED: By #e_c vote of all council members present after being read by number
and title only,this ;'' 'day of `17eA'r€k , 2026
ORDINANCE NO. 26-07
Page 1
Carol A. Krager, City Recorder
APPROVED: By Tigard City Council this 2 V day of 'Maw-!_.- , 2026.
Yi-Karma 9 Hu, ay or
or
Approved as to form:
City Attorney
3c,
Date
ORDINANCE NO. 26-
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Exhibit A
Tigard Municipal Code Chapter 7.90
LIABILITY LIMITED FOR THE CITY OF TIGARD AND OTHER PARTIES FROM PRIVATE CLAIMS
PURSUANT TO ORS 105.668
7.90.010 Limitation of Liability.
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 a public easement or unimproved right-of-way, by a
user on foot, on a horse, 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 of Tigard;
2. The City of Tigard's officers, employees or agents 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 Tigard; 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 Tigard.
B. The immunity granted by this Chapter from a private claim or right of action based on negligence does
not grant immunity from liability:
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 personal injury or property damage resulting from gross negligence or from reckless,wanton
or intentional misconduct.
3. For an activity for which a person is strictly liable without regard to fault.
ORDINANCE NO. 26- 01
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