Code of Ordinances Amendment - Title 10 Parks and Recreation_Sledding Copyright 2014
City of Dubuque Action Items # 9.
ITEM TITLE: Code of Ordinances Amendment - Title 10 Public Ways and Property,
Chapter 5 Parks and Recreation, Article B Use Regulations
SUMMARY: City Manager recommending repealing Section 10-513-23 related to
sledding.
ORDINANCE - Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use
Regulations, by Repealing Section 10-513-23 Sledding and Other Snow
Activities Prohibited
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Repeal Sledding Ordinance-MVM Memo City Manager Memo
❑ Repeal Sledding Ordinance Memo Staff Memo
❑ Governor Letter Supporting Documentation
❑ Repeal Sledding Ordinance Ordinance
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Recommendation to Repeal Section 10-513-23 Related to Sledding
DATE: May 11, 2015
Leisure Services Manager Marie Ware recommends the City Council repeal Section
10-513-23 related to sledding. This section was added to the City of Dubuque
Ordinances in 2014 because the Iowa Code did not grant cities immunity for sledding
activities.
In December 2014, City Attorney Barry Lindahl and Leisure Services Manager Marie
Ware recommend City Council approval of an ordinance prohibiting sledding, downhill
skiing, snowboarding or tobogganing on City property except in designated areas of
certain parks.
As stated in the recommendation, "Sledding is a time honored tradition in cities that
have hills. Sledding is a risky activity. Skateboarding is also a risky activity. What is
different between the two is that the Iowa Code § 670.4 grants immunity to cities for
skateboarding, inline skating, bicycling, unicycling, scootering, river rafting, canoeing
and kayaking, but it does not for sledding and other associated winter activities."
The City was reacting to communications from the City's insurer, Iowa Community
Assurance Pool and information like the following:
• Omaha, NE. The city paid $2.4 million to a family after their daughter was
paralyzed from the chest down after her sled hit a tree. The city subsequently
banned sledding at two parks. The total award was in excess of $10 million but
was reduced by a state law tort liability cap.
• Sioux City, IA. A total settlement of $2.75 million to a man who injured his spinal
cord when he slid backward into a parking sign. Sioux City paid $478,632 and
the city's insurer paid another $1.97 million. A Third party paid $300,000.
• Boone, IA. The City Council agreed to pay an amount in excess of$12 million to
settle a lawsuit involving a sledder who struck a concrete cube at the bottom of a
hill. Her claims were negligence, liability for defects on public property, design
and construction of a sledding hill, public nuisance and gross negligence. The
sledder contended that the city should have been aware of the hill's condition.
The City continued to make this an issue on the state legislative platform and was active
in supporting legislation to add immunity for sledding and associated winter activities.
This legislative session these issues were addressed by the legislature (with a
unanimous vote in the House and the Senate) and the Governor and new legislation
was passed that covers "recreational activities."
The newly signed law was reviewed by the City Attorney's office, the City's
representatives from the Iowa Community Assurance Pool and the City's local
representatives at O'Connor and English Insurance Agency. Through this review it was
determined the City would no longer designate sledding areas and sledding areas
would not need to be signed or inspected. All agreed the current ordinance could be
repealed. The Park and Recreation Commission also made a recommendation to
repeal Section 10-513-23.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
A&nt--
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
2
THE CITY ODubuque II-A
U Bi
E
;111 I.mericaCi i
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Recommendation to Repeal Section 10-513-23 Related to Sledding
DATE: May 8, 2015
INTRODUCTION
The purpose of this memo is to request City Council approval of the repeal of Section
10-513-23 related to sledding.
BACKGROUND
In 2014 a section was added to the City of Dubuque Ordinances regarding sledding in
city parks. Iowa Code 670.4 did not grant cities immunity for sledding, Iowa Code
Chapter 461 C, Iowa recreational use statute, which grants immunity to property owners
who open up their land for recreational uses, does not apply to municipalities. Thus, as
a city we had no immunity for sledding activities. However, liability for sledding is not
absolute; sledders assume the normal risks of that activity.
The City continued to make this an issue on the state legislative platform. The City was
active in supporting legislation to add immunity for sledding and associated winter
activities.
DISCUSSION
This legislative session these issues were addressed by the legislature and the
Governor. The passage of the new legislation now covers "recreational activities." We
express great appreciation to our local elected officials for their support to address the
issues. Additionally we are grateful for the support of the community for this change.
I have discussed the newly signed law with the City Attorney's office, the City's
representatives from the Iowa Community Assurance Pool (ICRP) and the City's local
representatives at O'Connor and English Insurance Agency. Through this review it was
determined we would no longer designate sledding areas and sledding areas would not
need to be signed or inspected. The change in legislation would also not change our
1
insurance coverage and does not change the premium. All agreed our current
ordinance could be repealed.
The Park and Recreation Commission at their May meeting made a unanimous
recommendation to the City Council that Section 10-513-23 be repealed.
RECOMMENDATION
I respectfully recommend the repeal of Section 10-513-23 related to sledding.
MLW:et
cc: Barry Lindahl, Corporation Counsel
Frank O'Connor, O'Connor & English Insurance Agency
Tim English, O'Connor & English Insurance Agency
Steve Fehsal, Park Division Manager
2
TERRY E. BRANSTAD OFFICE OF THE GOVERNOR KIM REYNOLDS
GOVERNOR LT. GOVERNOR
April 1, 2015
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol Building
LOCAL
Dear Mr. Secretary:
I hereby transmit:
House File 570, an Act providing for an exemption from municipal tort liability for claims
arising from recreational activities on municipality-controlled property.
The above House File is hereby approved this date.
Sincerely,
---Terry E. Branstad
Governor
cc: Secretary of the Senate
Clerk of the House
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.GOVER NOR.IOWA.GOV
oaoumuuu0uaonoo�s000iuno i oa M a oa¢o o a.nuuaoum,:uuooaoeunoeuououo:rauoaouuu�ni�: o aoau woo Iu nu auu000saoua�Eu,un.us�au�o
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House File 570
AN ACT
PROVIDING FOR AN EXEMPTION FROM MUNICIPAL TORT LIABILITY
FOR CLAIMS ARISING FROM RECREATIONAL ACTIVITIES ON
MUNICIPALITY—CONTROLLED PROPERTY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 670.4, subsection 1, paragraphs n and o,
Code 2015, are amended to read as follows:
n. Any claim based upon or arising out of a claim of
negligent design or specification, negligent adoption of design
or specification, or negligent construction or reconstruction
of a public facility designed for r__r____ __ _.____________J,
recreational activities that was
constructed or reconstructed, reasonably and in good faith,
in accordance with generally recognized engineering or safety
standards or design theories in existence at the time of the
construction or reconstruction.
o. Any claim for injuries or damages based upon or arising
out of an act or omission of an officer or employee of the
municipality or the municipality's governing body by--&
cersen J, in 34ne J, f _J, unleyeling,
and arising out of a recreational activity
occurring on public property where the persen claimed injuries
or damages resulted from the normal and expected risks inherent
in the recreational activity and the person engaging in the
recreational activity was voluntarily on the public property
where the injuries or damages occurred and knew or reasonably
should have known that the _.____bear____„ in ebbe_ _._____., ,
bleyeling, unieyeling, seeetering, river rafting, ., . ..,jl 1f
House File 570, p. 2
kayalting recreational activity created a substantial risk of
injury be the pef5en and was vegAintarrily in the plaee ef risk
injuries or damages.
paragraphin this shall enly apply
of _1._i_L..__dc _
g, in line skating, bieye' sngv an• eyeliagT
seeetering, fiver rafting
?Ta PAULSEN
Speaker of the House
a
PAM JOCHeM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 570, Eighty-sixth General Assembly.
CARMINE BOAL
ee Chief Clerk of the House
Approved ✓� jJ *moi R 2015
TERRY E. BRANSTAD
Governor
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. 36-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE
REGULATIONS, BY REPEALING SECTION 10-5B-23 SLEDDING AND OTHER
SNOW ACTIVITIES PROHIBITED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 10-5B-23 is hereby
repealed as follows:
10-5B-23: RESERVED:
Section 2. This ordinance takes effect upon publication.
Passed, approved and adopted the 18th day of May, 2015.
Attest:
Kevin S Firnstahl, ity Cl-rk
Lynn V. Sutton, Mayor Pro Tem
EFFECT OF AMENDMENT
10-5B-23: RESERVED
NO neFGGR may sled OF eRgage OR aRy ether cRow entivity, nLirlinn hid not lin.iterl to
pity nerL OF OR aRy pity n erty a ent OR areas rlesinneterl ha the
I;now ;lGtm"mtmel;-
Allison LJnnrinrcnn DerL daylight hours only
Qi in Ler Hill Golf rnurse daylight hours only
Calk DerL daylight hours only
Flet Iron DerL daylight howl only.
Hillnrest DerL daylight hours nnhi
I Ishe DerL daylight hours only
Valentine DerL daylight hours only
Ruling in r tubes in a a* OF OR aRy i ihlin n erty is rnhihiterl at all times
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc.
of the Telegraph Herald,a newspaper of general circulation published
of Dubuque and State of Iowa; hereby certify that the attached notice
on the following dates: May 22, 2015, and for which the charge is $9.
, an Iowa corporation, publisher
in the City of Dubuque, County
was published in said newspaper
59.
Subscribed to before me Notary Public in and for Dubuque County, Iowa,
,20,x" .
this doif day of
otary Public in and for Dubuque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCE NO. 36-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
10 PUBLIC WAYS AND
PROPERTY, CHAPTER.
5 PARKS AND RECRE- i
ATION, ARTICLE B
USE ,REGULATIONS,
BY REPEALING SEC-
TION 10-513-23 SLED-
DING AND OTHER.
SNOW ACTIVITIES
PROHIBITED
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:.
Section 1. City of
Dubuque Cede of
Ordinances Section 10-
513-23 is hereby
repealed as follows:
10-5B-23: RESERVED:
Section 2. This
ordinance takes effect
upon publication.
Passed, approved and:,
adopted the '18th day,
of May, 2015.
/s/Lynn V. Sutton,
Mayor Pro Tem
Attest: /s/Kevin S.
Firnstahl, City Clerk
,Published officially in
the Telegraph ;;Herald
newspaper on the 22nd
day of May ,2015.
Attest: /s/Kevin S,
Firnstahl, City Clerk
it,5/22
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB, 1, 2017