Code of Ordinances Amendment - Title 10 - Sledding in City Parks Copyright 2014
City of Dubuque Action Items # 4.
ITEM TITLE: Code of Ordinances Amendment Title 10 - Sledding in City Parks
SUMMARY: City Manager recommending approval of an ordinance prohibiting
sledding, downhill skiing, snowboarding or tobogganing on City property
except in designated areas of certain parks.
ORDINANCE Amending Title 10 Public Ways And Property, Chapter 5
Parks And Recreation, Article B Use Regulations by adopting a new
Section 10-5b-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or
Tobogganing Except in Certain Designated Areas in Certain City Parks
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Add Sledding to City Code of Ordinances-MVM Memo City Manager Memo
❑ Memo-Proposed Ordinance Change Staff Memo
❑ Ordinance& Effect of Change Ordinance
❑ Iowa Code 670.4 Supporting Documentation
❑ Sample of Signs Posted Winter 13-14 Supporting Documentation
❑ Sledding Rules for Signs Supporting Documentation
❑ Safe Sledding Education Supporting Documentation
THE CITY OF Dubuque
UBE 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: Proposed Ordinance Prohibiting Sledding, Downhill Skiing, Snowboarding
or Tobogganing Except in Designated Areas of Certain Parks
DATE: December 9, 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.
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.
In addition to Iowa Code § 670.4, which does 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, the City of Dubuque has no immunity for sledding activities.
The City has made this an issue on the state legislative platform. Last year a bill was
passed by the Iowa House but did not get any further. The City will be active in
supporting legislation to add immunity for sledding and associated winter activities.
Currently the City of Dubuque does not have any ordinances which address sledding,
downhill skiing, snowboarding or tobogganing on City property.
The two most popular sledding hills are Bunker Hill Golf Course sled hill for older
sledders and Allison-Henderson Park which is enjoyed by younger sledders.
The attached ordinance drafted by the City Attorney's Office designates these two areas
for sledding in the City of Dubuque. There may be other areas that could and should be
added at a later time. The public can request that other areas to be reviewed for
potential addition.
The Park and Recreation Commission voted 6-1 in favor of recommending the
ordinance to the City Council.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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
Barry A. Lindahl, City Attorney
SUBJECT: Proposed Ordinance Prohibiting Sledding, Downhill Skiing, Snowboarding
or Tobogganing Except in Designated Areas of Certain Parks
DATE: December 9, 2014
INTRODUCTION
The purpose of this memorandum is to recommend a proposed ordinance prohibiting
sledding, downhill skiing, snowboarding or tobogganing except in designated areas of
certain parks.
BACKGROUND
Sledding is a time honored tradition in cities that have hills. Many stories abound of
families coming to especially Bunker Hill Golf Course to sled. There are now multiple
generations where grandparents bring their grandchildren to the same hill they enjoyed
sledding down.
Sledding is a risky activity. Anyone that sleds knows that. In conversations about
sledding it is not unusual for people to talk about their accidents or near accidents along
with the fun times they've had.
Skateboarding is also a risky activity and everyone that skateboards knows that too.
What makes a difference 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. In 1998,
skateboarding and in-line skate enthusiasts lobbied and the Iowa General Assembly
then passed legislation amending Iowa Code § 670.4 which added skateboarding and
inline skating to the exceptions to municipal tort liability. After 1998, cities across the
state began building and /or working with private groups to build skate parks as a city
amenity.
1
In addition to Iowa Code § 670.4 (attached), which does 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 have no immunity for sledding activities.
However, liability for sledding is not absolute; sledders assume the normal risks of that
activity.
The City has made this an issue on the state legislative platform. Last year a bill was
passed by the Iowa House but did not get any further. The City will be active in
supporting legislation to add immunity for sledding and associated winter activities.
Currently the City of Dubuque does not have any ordinances which address sledding,
downhill skiing, snowboarding or tobogganing on City property.
The Iowa Community Assurance Pool (ICAP) provides insurance and risk management
services to the City. ICAP representatives visit various areas of our parks and activities
on a rotating basis. During their last visit to our sledding hills, they requested that we
post rules, which we do during sledding season (last year's rules are attached that were
posted at the hills). They also provided resources for us to consider and suggested we
should consult other cities for best practices. These are reviewed on an ongoing basis.
The recent news shows how lack of immunity can impact a city:
• 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 insurance 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.
Some cities that have passed sledding ordinances include Sioux City and Des Moines.
Sioux City's ordinance bans sledding except for parks they have specifically named.
Des Moines' ordinance allows sledding, ice skating and cross country skiing in
designated parks and golf courses. Many Iowa cities do not have ordinance as their
terrain means they have no sled hill.
2
DISCUSSION
The fun of sledding is in the thrill of traveling down a steep hill at high speed. The high
number of sledding-related injuries results from a dangerous combination of speed, a
steep hill, a rough or slick terrain, a lack of good control and obstacles in the sledding
course, according to the Michigan Municipal League Liability and Property Pool, which
said that "you can't take too much out of this combination without losing what makes
sledding fun. However you can develop a loss prevention program for your sled hill that
helps citizens to enjoy this popular winter activity safely."
The two most popular sledding hills are Bunker Hill Golf Course sled hill for older
sledders and Allison-Henderson Park which is enjoyed by younger sledders. At Bunker
Hill the entire golf course is 110 acres. The historic sledding hill is just a small area of
the whole course. Because the course is only fenced in certain parts, it is open for
people to explore and on beautiful winter days it is used for many winter activities.
There is a need to designate sledding areas as there are trees, water features, signs
and other obstacles throughout the course which could be hazardous to sledders.
These conditions occur throughout the entire park system. There is no practical way to
sign no sledding throughout Bunker Hill or any parks. A better option is to designate
specific sledding areas to insure the best safety for sledders. By designating areas,
Leisure Services Department personnel can appropriately sign and inspect the sledding
hills.
Resources provided by ICAP suggest education is important. A sheet has been
developed that outlines safe sledding practices that will be adopted for signage and put
on the department's section of the website. Additionally rules are reviewed each year
and the proposed signage for this year's rules was updated with several best practices
added from other communities. Both are attached for your review.
The attached ordinance drafted by the City Attorney's Office designates two areas for
sledding in the City of Dubuque. There may be other areas that could and should be
added at a later time. The public can request that other areas to be reviewed for
potential addition.
The Park and Recreation Commission reviewed the attached proposed ordinance at
several meetings. Because of their concern for the public's reaction, they reviewed and
initially tabled the ordinance so the public would have an additional meeting to
comment. No member of the public was at either meeting. The Commission voted 6-1
in favor of recommending the ordinance to the City Council. Their desire is to have all
areas open for sledding but they also understand without a change in state law, that is
not possible.
RECOMMENDATION
City Attorney Barry Lindahl and I recommend the attached proposed ordinance for City
Council consideration and approval.
3
MLW:et
attachments: Iowa Code 670.4
Ordinance Proposal
Sledding Rules
cc: Teri Goodman, Assistant City Manager
Steve Fehsal, Park Division Manager
Gerry Lange, Golf Course Supervisor
Dan Kroger, Recreation Division Manager
4
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. -14
AMENDING TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND
RECREATION, ARTICLE B USE REGULATIONS BY ADOPTING A NEW SECTION
10-513-23 PROHIBITING SLEDDING, DOWNHILL SKIING, SNOWBOARDING OR
TOBOGGANING EXCEPT IN CERTAIN DESIGNATED AREAS IN CERTAIN CITY
PARKS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 . City of Dubuque Code of Ordinances Title 10, Chapter 5, Article B
is amended by adding the following:
10-5B-23: Sledding and Other Snow Activities Prohibited
No person may sled or engage in any other snow activity, including but not
limited to, downhill skiing, snowboarding, tobogganing, or any other
means of descending a hill on snow or ice, in any park or on any public
property except in areas designated by the City Manager in the following
parks, subject to all rules posted for such sledding or snow activities:
Bunker Hill Golf Course, daylight hours only
Allison-Henderson Park, daylight hours only
Riding inner tubes in a park or on any public property is prohibited at all
times.
Section 2. This ordinance takes effect upon publication.
Passed, approved and adopted the day of December, 2014.
Roy D. Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
EFFECT OF AMENDMENT
10-5B-23: Sledding and Other Snow Activities Prohibited
No person may sled or engage in any other snow activity, including but not
limited to, downhill skiing, snowboarding, tobogganing, or any other means of
descending a hill on snow or ice, in any park or on any public property except in
areas designated by the City Manager in the following parks, subject to all rules
posted for such sledding or snow activities:
Bunker Hill Golf Course, daylight hours only
Allison-Henderson Park, daylight hours only
Riding inner tubes in a park or on any public property is prohibited at all times.
2
IOWA CODE 670.4
670.4 Claims exempted.
1 . The liability imposed by section 670.2 shall have no application to any claim
enumerated in this section. As to any such claim, a municipality shall be liable only to
the extent liability may be imposed by the express statute dealing with such claims and,
in the absence of such express statute, the municipality shall be immune from liability.
a. Any claim by an employee of the municipality which is covered by the Iowa workers'
compensation law.
b. Any claim in connection with the assessment or collection of taxes.
c. Any claim based upon an act or omission of an officer or employee of the
municipality, exercising due care, in the execution of a statute, ordinance, or regulation
whether the statute, ordinance or regulation is valid, or based upon the exercise or
performance or the failure to exercise or perform a discretionary function or duty on the
part of the municipality or an officer or employee of the municipality, whether or not the
discretion is abused.
d. Any claim against a municipality as to which the municipality is immune from liability
by the provisions of any other statute or where the action based upon such claim has
been barred or abated by operation of statute or rule of civil procedure.
e. Any claim for punitive damages.
f Any claim for damages caused by a municipality's failure to discover a latent defect in
the course of an inspection.
g. 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 highway, secondary road, or street as defined in section 321.1, subsection 78,
that was constructed or reconstructed in accordance with a generally recognized
engineering or safety standard, criteria, or design theory in existence at the time of the
construction or reconstruction. A claim under this chapter shall not be allowed for
failure to upgrade, improve, or alter any aspect of an existing highway, secondary road,
or street, to new, changed, or altered design standards. In respect to highways and
roads, sealcoating, asphalting, patching, resurfacing, ditching, draining, repairing,
graveling, rocking, blading, or maintaining an existing highway or road does not
constitute reconstruction. This paragraph shall not apply to claims based upon gross
negligence.
h. 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 improvement as defined in section 384.37, subsection 19, or other public
facility that was constructed or reconstructed in accordance with a generally recognized
engineering or safety standard, criteria, or design theory in existence at the time of the
construction or reconstruction. A claim under this chapter shall not be allowed for
failure to upgrade, improve, or alter any aspect of an existing public improvement or
other public facility to new, changed, or altered design standards. This paragraph shall
not apply to claims based upon gross negligence. This paragraph takes effect July 1 ,
1984, and applies to all cases tried or retried on or after July 1 , 1984.
i. Any claim based upon an act or omission by an officer or employee of the
municipality or the municipality's governing body, in the granting, suspension, or
revocation of a license or permit, where the damage was caused by the person to whom
the license or permit was issued, unless the act of the officer or employee constitutes
actual malice or a criminal offense.
j. Any claim based upon an act or omission of an officer or employee of the
municipality, whether by issuance of permit, inspection, investigation, or otherwise, and
whether the statute, ordinance, or regulation is valid, if the damage was caused by a
third party, event, or property not under the supervision or control of the municipality,
unless the act or omission of the officer or employee constitutes actual malice or a
criminal offense.
k. A claim based upon or arising out of an act or omission in connection with an
emergency response including but not limited to acts or omissions in connection with
emergency response communications services.
1. A claim relating to a swimming pool or spa as defined in section 1361.1 which has
been inspected by a municipality or the state in accordance with chapter 1361, or a
swimming pool or spa inspection program which has been certified by the state in
accordance with that chapter, whether or not owned or operated by a municipality,
unless the claim is based upon an act or omission of an officer or employee of the
municipality and the act or omission constitutes actual malice or a criminal offense.
m. A claim based on an act or omission by a county or city pursuant to section 717.2A
or chapter 717B relating to either of the following:
(1) Rescuing neglected livestock or another animal by a law enforcement officer.
(2) Maintaining or disposing of neglected livestock or another animal by a county or
city.
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 purposes of skateboarding, in-line skating, bicycling,
unicycling, scootering, river rafting, canoeing, or kayaking 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 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 a person skateboarding, in-
line skating, bicycling, unicycling, scootering, river rafting, canoeing, or kayaking on
public property when the person knew or reasonably should have known that the
skateboarding, in-line skating, bicycling, unicycling, scootering, river rafting, canoeing,
or kayaking created a substantial risk of injury to the person and was voluntarily in the
place of risk. The exemption from liability contained in this paragraph shall only apply to
claims for injuries or damage resulting from the risks inherent in the activities of
skateboarding, in-line skating, bicycling, unicycling, scootering, river rafting, canoeing,
or kayaking.
2. The remedy against the municipality provided by section 670.2 shall hereafter be
exclusive of any other civil action or proceeding by reason of the same subject matter
against the officer, employee or agent whose act or omission gave rise to the claim, or
the officer's, employee's, or agent's estate.
3. This section does not expand any existing cause of action or create any new cause
of action against a municipality.
[C71 , 73, 75, 77, 79, 81 , §613A.4; 82 Acts, ch 1018, §4, 5]
83 Acts, ch 198, §24— 27, 29; 86 Acts, ch 1211 , §33; 88 Acts, ch 1177, §9, 10; 89 Acts,
ch 291 , §8
C93, §670.4
94 Acts, ch 1103, 46; 98 Acts, ch 1169, 41; 2003 Acts, ch 162, 42; 2013 Acts, ch 30•
Liesure Services
BUNKER HILL SLEDDING AREA BUNKER HILL SLEDDING AREA ALLISON HENDERSON SLEDDING AREA
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Sledding Rules 2014-15
(for signs)
BUNKER HILL SLEDDING AREA
Sledding only in designated area shown on diagram.
Map of designated sledding
area will go here.
• Sledding area open during daylight hours only.
• Make sure sled area is clear of other sledders before starting downhill.
• Use caution when sledding and be considerate to others.
• Sledding area is not supervised.
• Parents are responsible for children.
• NEVER, EVER ride head first on a sled. All sledders must face forward.
• No motorized vehicles.
• Sledding is a hazardous activity and presents substantial risk.
• Use of inner tubes or air-inflated sleds is prohibited at all times.
• Makeshift ramps or jumps prohibited.
• By entering this property, participants agree to assume all risk of injury
or damage resulting from sledding activity. Use sledding area at your
own risk.
• Sledding area users assume full responsibility for determining if
conditions are safe for sledding.
• To protect the golf course, the sledding area will open with sufficient
snow cover. Watch for open and closed signs.
• Sledding hill will be closed for icy conditions.
FOR YOUR SAFETY, ONLY SLEDS ALLOWED IN SLEDDING AREA.
ALL OTHER WINTER ACTIVITIES ARE PROHIBITED ON SLEDDING HILL.
Report vandalism to the Leisure Services Department at 563-589-4263.
Safe Sledding Education 2014-15
(for Website and posting at sledding hills)
KEEP YOUR SLEDDING DAY SAFE
• Always sled down the hill sitting up or kneeling on the sled facing forward.
NEVER slide down head first or standing.
• Before sledding down the hill, make sure your path is clear of obstacles and
other people right down to the bottom of the hill.
• On the way down, keep your arms and legs tucked in.
• If you fall off the sled or stop unexpectedly, quickly move out of the way of
other people who are sledding.
• Roll off a sled that won't stop.
• Walk back up the side of the hill, away from the area where people are
sledding down.
• Move quickly to the side and walk up and away from the sliding path after
finishing a run.
• Know your limits. Rest if you are tired.
• To prevent strangulation, children should wear a neck warmer instead of a
scarf and they should never wear clothing with drawstrings as they may get
caught in a sled.
• Never ride into a snow bank as there could be hidden dangers.
• Never use alcohol or drugs while sledding or while supervising children who
are sledding.
• Parents should ensure children are following all safe sledding rules.
• A responsible adult should actively supervise children.
• A responsible adult should ride on the sled with children under five years of
age.
• Use only manufactured sleds on the hill. Choose a sturdy sled that has secure
handholds.
• Helmets recommended.
Trish Gleason - Fwd: "Contact Us" inquiry from City of Dubuque website
1
From: Kevin Firnstahl <kfirnsta@cityofdubuque.org>
To: Tgleason@cityofdubuque.org
Date: 12/15/2014 3:59 PM
Subject: Fwd: "Contact Us" inquiry from City of Dubuque website
Please print for handouts at tonight's meeting and scan with agenda documents.
Kevin
Sent from my iPhone
Begin forwarded message:
From: "Citizen Support Center" <dubuqueia@mycusthelp.net>
Date: December 15, 2014 at 3:16:39 PM CST
To: "Kevin Firnstahl" <Kfirnsta@cityofdubuque.org>
Subject: "Contact Us" inquiry from City of Dubuque website
Contact Us
Name: Sandra Plumley
Phone: 5635820028
Email: plumleyemsj@hotmail.com
City Department: City Council
Message: Please say NO to the closing of most city parks to sledding and the use of inner tubes. This is the
only winter fun and exercise many children get it the winter. Bunker Hill and Allison Henderson should not be
the only parks considered.Burden St, Gay St, and any park that has hills should allow sledding. Post signs
saying "Sled, ski or snowboard "at your own risk instead. Many years ago, a street was blocked off in each
area of the city. I know that can't be done now, but don't ruin for the kids or the parents.
Click here to report this email as spam.
12/15/2014