[Ord. No. 2850, Added, 7-7-2020]
The purpose of this article is to codify the effect of the election by the City of Lake Oswego through Ordinance No. 2850 to exercise the option provided under ORS 105.668(3) to apply the liability limitations outlined in that statute for personal injury or property damage resulting from use of a trail or structures in a public easement or unimproved right-of-way.
[Ord. No. 2850, Added, 7-7-2020]
1. 
As used in this section:
CITY
Means the City of Lake Oswego.
STRUCTURES
Means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, on a horse or on a bicycle or other nonmotorized vehicle or conveyance.
UNIMPROVED RIGHT-OF-WAY
Means a platted or dedicated public right-of-way over which a street, road or highway has not been constructed to the standards and specifications of the City and for which the City has not expressly accepted responsibility for maintenance.
2. 
A personal injury or property damage resulting from use of a trail that is in a public easement or in an unimproved right-of-way, or from use of structures in the public easement or unimproved right-of-way, by a user on foot, on a horse or on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:
a. 
The City;
b. 
The officers, employees or agents of the City to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;
c. 
The owner of land abutting the public easement, or unimproved right-of-way, in the City; and
d. 
A nonprofit corporation and its volunteers for the construction and maintenance of the trail or the structures in a public easement or unimproved right-of-way in the City.
3. 
The immunity granted by this section from a private claim or right of action based on negligence does not grant immunity from liability:
a. 
Except as provided in subsection (2)(b) of this section, to a person that receives compensation for providing assistance, services or advice in relation to conduct that leads to a personal injury or property damage.
b. 
For personal injury or property damage resulting from gross negligence or from reckless, wanton or intentional misconduct.
c. 
For an activity for which a person is strictly liable without regard to fault.