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CITY COIF"•ICIL <br /> I T <br /> <br /> , ~ CITY AND COUNTY OF nONOLULU y_ ~iA <br /> HONOLULU, HAWAII NO. J / J <br /> RESOLUTION ' , <br /> - ; <br /> URGING THE HAWAII STATE LEGISLATURE TO LIMIT THE COUNTIES' TORT <br /> LIABILITY ARISING FROM CERTAIN HAZARDOUS RECREATIONAL ACTIVITIES <br /> ON COUNTY-OWNED OR -CONTROLLED PROPERTIES. <br /> WHEREAS, California State statute immunizes the liability of <br /> public entities and employees for injuries to persons or property <br /> damages arising out of a hazardous recreational activity on <br /> public property; and <br /> WHEREAS, under California law, the definition of hazardous <br /> recreational activities includes motorized vehicle racing, <br /> mountain bicycling, hang gliding, archery, pistol or rifle <br /> shooting, surfing, waterskiing, windsurfing, rock climbing, and <br /> other similar activities; and <br /> WHEREAS, amendatory legislation is currently pending in the <br /> California State Assembly to add "skateboarding" under the <br /> statutory definition of hazardous recreational activity; and <br /> WHEREAS, the City and County of Honolulu's exposure to tort <br /> liability is governed by the Hawaii Revised Statutes (HRS Section <br /> 46-1.5(22)), which expressly authorizes the counties to sue or be <br /> sued and which provided the basis on which the Hawaii State <br /> Supreme Court upheld two negligence suits against the County of <br /> Hawaii; and <br /> WHEREAS, due to the popularity of certain recreational <br /> activities such as in-line skating, skateboarding, roller hockey, <br /> and bicycle motor cross (BMX), requests have been made to the <br /> City for the development of safe public recreational facilities <br /> dedicated to these activities; and <br /> WHEREAS, the City recognizes these activities as wholesome <br /> youth recreation and has been instrumental in the development of <br /> the YMCA Kapahulu Skatepark, a joint venture skateboarding and <br /> in-line skating facility supported by the YMCA of Honolulu and <br /> Hawaii Skatepark Association; and <br /> WHEREAS, the delay in the development of recreational <br /> facilities on public property to accommodate certain activities <br /> is due, in part, to the City's exposure to liability which can be <br /> resolved by the enactment of a State law limiting the City's tort <br /> liability; now, therefore, <br /> OCS00595.R97 <br /> <br />