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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 Sledding only In designated area shown on diagram. Sledding only in designated area shown on diagram. • Sledding area open during daylight hours only. Irl" � °ft- h6k, Makesuresled area is clearof othersledders ON beforeg area i not s 1pi � • NEVESleddR, arca is notes first on ' • NEVER,EVER ride head first on a sled. a •eleddhge reer Adds cardsderofdaylighthmes Only dders • make ag Wait aoa is cleuningar dayrof other ou aged only. • mser,sure Se Mea nreaiaslearaf o9rer Madame NO motorized vehicles. • Make sure&ea areola clearaf ofhersleddere bMore akairg downhill, before aterdng downhill. •modern area Is no sor erdsed. • By entering this property, participants agree to •Sledding moa Is not supenosed • NEVER,EVER role head first on a sled. • NEVER,EVER rite had first on a sled. • No nrotorimd vehicles. assume all risk of injury or damage • No nwtorlsedvohWAS. . By enhoftthis property,peMcparNa agree to amine all • By enterbrgUis m=dy,pertiedpants agree to assume all ask of iodury ar damage..Mae from sledding acaft resulting from sledding activity. her of injury m damage,resulting from sled di no activity. •To protect the golf course,the Sledding area To llmyt the ads comes, the StoodIngarea will only be open after r of snowfall. FOR YOUR SAFETY,ONLYSLEDSALLOWEO IN SLEDDINOAREA. Von only be open after pwrymsnowfidmps<EoolNpurEa, MR MAN SAFETY ONLY SLEDSAUCIVEDXSIEDDINGAREA. ALL OTHER WINTER AOnWTIES AREFROM TED. au omEa NwrEaacnwrss axE FROIIIBREB. Au oi1RR mMERACRt111ESAREPRDIaBRED. Report vandalism to the Leisure Services Department M 583589.4263 RepodventlNvmroMe Uhmeaerviaa gpmmremm5aY5Baia89 ReponvantlaWnbMe Leuweadama DparlmeMd461980d2m easnewSales Re : 210DUBUQU ,IA Sys 583.582.18917 .wwryµaywar,n aaemas wNumeu.eywmo pDUBUQUE,t452W9 583.585.2182E . .m•raags}SAQUS s,.Aa,rpma®.a. Name P%NWYaFBROWNQDIS MISfMANSIMPLE S S.ALORIESEISNo BUILT ANARNEe IX Customer. Liesure Services MESMCX.9LL1CXCarp6NE<X VINVIEOFLLVORM&EISHJIXWTMAI Designer:Sketch: Name, JWj Data: rmwm,amv, "meenp•.rw�awmrAmsrwdc.r�•waau®w�a• Ma mmOM xmwanwuna svn�iMm m�bnMn s•vm mMa RewI M: a mww.rim.,admwaam•.m,wm.mwm.i�rw,eaaewmumo' Y"pN'W a m°`mmmmm.MaMM,.tl...M.--A—. USTED ®COPYRIGHT2013,BYTME WBUWE SIGN CO.PAL DESIGNS PRESEN1FD ARE THE SOLE PROPERTY OF THE DUBUQUE SIGN CO,AND WY NOT BE REPRODUCED IN PARr OR W LE WITHWT effia N PERMISSION FRON THE DUBUQUE SIGN CO. 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