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MTV OF May, <br /> • ~'wC~ <br /> <br /> Stephen K. Yamashiro ~ r- - ~ Richard Wurdeman <br /> MRyOr Corporation Counsel <br /> ~~~~os•M~.~F • ~ ~ ~ r r~ <br /> ..i U.... U ~ ~ .1 <br /> C~DLT2tf~1 II~ ~fI{1T~IYtc <br /> OFFICE OF THE CORPORATION COhJNSEL <br /> 101 Aupuni Streee, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 96I-8251 • Fax (608) 961-8622 <br /> January 8, 1998 <br /> The Honorable Al Smith <br /> Vice Chairman <br /> County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> Dear Vice Chair Smith: <br /> Re: Response to Your Inquiry on Skateparks and County Liability <br /> You have asked our office to review the City of Santa Cruz's Ordinance No. <br /> 94-47, which was passed on September 13, 1994, and which provides that any person <br /> riding a skateboard in a City park or recreational facility without a helmet, elbow pads <br /> and knee pads is guilty of an infraction. Items 7) and 8) of the Department of Parks and <br /> Recreation's Skateboarding Safety Rules, filed with the Office of the County Clerk on <br /> November 13, 1989, already requires that participants at County skateboarding facilities <br /> must wear shoes, knee pads and elbow pads and must wear safety helmets when using <br /> any ramps. Since Rule 13 is already in effect, we believe that passage of an ordinance <br /> similar to the City of Santa Cruz's Ordinance No. 94-47 would be a redundancy. A copy <br /> of Rule 13 of the Rules and Regulations of the Department of Parks and Recreation is <br /> attached. <br /> We have also reviewed Resolution 97-219 of the City and County of Honolulu's <br /> City Council which urges the Hawaii State Legislature to limit the counties' tort liability <br /> arising from certain hazardous recreational activities on county-owned or controlled <br /> properties. We support any assistance the legislature may provide to limit the County's <br /> tort liability. However, we are unable to determine what two negligence cases, in which <br /> <br />