00 HOUSE BILL NO. 30 01 "An Act relating to civil liability for skateboarding; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 05 is amended by adding a new chapter to read: 05 Chapter 50. Skateboard Liability and Responsibility. 06  Sec. 05.50.010. Limitation on actions arising from skateboarding. 07 Notwithstanding any other provision of law, a person may not bring an action against 08 a municipality for an injury occurring at a municipal skateboard facility if the injury 09 results from an inherent danger and risk of skateboarding. 10  Sec. 05.50.020. Effect of violations. (a) A municipality or person who 11 violates a requirement of this chapter is negligent and civilly liable to the extent the 12 violation causes injury to a person or damage to property. 13  (b) Notwithstanding the provisions of AS 09.17.080, 14  (1) the limitation of liability described under AS 05.50.010 is a 01 complete defense in an action against a municipality for an injury if an inherent danger 02 or risk of skateboarding is determined to be a contributory factor in the resulting 03 injury, unless the municipality has violated a requirement of this chapter; 04  (2) a violation of the person's duties imposed under AS 05.50.030 is 05 a complete defense in an action against a municipality if the violation is determined 06 to be a contributory factor in the resulting injury, unless the municipality has violated 07 a requirement of this chapter. 08  (c) If the municipality is determined to have violated a requirement of this 09 chapter, the provisions of AS 09.17.080 apply in an action against a municipality for 10 an injury resulting from the violation. 11  Sec. 05.50.030. Duties of municipal skateboard facility users. (a) A person 12 may not use a municipal skateboard facility if the person 13  (1) does not have sufficient physical dexterity or ability and knowledge 14 to negotiate or use the facility safely; 15  (2) is not wearing knee pads, elbow pads, shoes, and a helmet at all 16 times. 17  (b) A person using a municipal skateboard facility may not 18  (1) enter or leave a municipal skateboard facility except at a designated 19 area unless reasonably necessary to prevent injury to the person or others; 20  (2) intentionally throw or expel an object onto the facility; 21  (3) take food, drink, or glass containers on the facility; 22  (4) act while using the facility in a manner that may interfere with 23 proper or safe condition of the facility; 24  (5) engage in conduct that may contribute or cause injury to a person; 25  (6) enter the facility when the facility is marked as closed; 26  (7) disobey instructions posted in accordance with this chapter or any 27 other instructions required by local laws consistent with this chapter; 28  (8) use other items including but not limited to bicycles, unicycles, 29 coasters, roller skates, or roller blades at the facility unless otherwise allowed by the 30 municipality. 31  Sec. 05.50.040. Duties of municipalities. (a) In a municipal skateboard 01 facility, a municipality shall maintain a sign system with concise, simple, and pertinent 02 information for the protection and instruction of skateboarders. Signs shall be 03 prominently placed at each facility. 04  (b) At least one sign posted at each facility must contain language substantially 05 similar to the following warning notice: 06 WARNING 07 Under Alaska law, the risk of an injury to person or property 08 resulting from any of the inherent dangers of skateboarding rests 09 with the skateboarder. Inherent dangers and risks of 10 skateboarding include collisions with man-made objects, 11 collisions with other skateboarders, variations in slope, falling, 12 and the failure of skateboarders to skate within their own 13 abilities. 14  Sec. 05.50.050. Duties and responsibilities of skateboarders. A skateboarder 15 who uses a municipal skateboard facility 16  (1) is responsible for knowing the range of the person's own ability to 17 negotiate a skateboard facility and to skateboard within the limits of a skateboarder's 18 ability; 19  (2) is responsible for an injury to a person or property resulting from 20 an inherent danger and risk of skateboarding, except that a skateboarder is not 21 precluded under this chapter from suing another skateboarder for an injury to person 22 or property resulting from the other skateboarder's acts or omissions; notwithstanding 23 any other provision of law, the risk of collision with another skateboarder is not an 24 inherent danger or risk of skateboarding in an action by one skateboarder against 25 another; 26  (3) has the duty to 27  (A) maintain control of the skateboarder's speed and course at 28 all times when skateboarding and to maintain a proper lookout so as to be able 29 to avoid other skateboarders, objects, and debris; however, a person 30 skateboarding on a downhill slope has a primary duty to avoid collision with 31 a person or object below the skateboarder; 01  (B) perform a visual inspection of the facility before each use; 02  (C) ensure that all areas of the facility the skateboarder intends 03 to use are free and clear of natural or manmade debris that would interfere with 04 the skateboarder's use of the facility; 05  (D) heed all posted information and other warnings and to 06 refrain from acting in a manner that may cause or contribute to the injury of 07 the skateboarder; evidence that signs as required by AS 05.50.040 or as 08 required by consistent local laws were present, visible, and readable at the 09 beginning of a given day creates the presumption that skateboarders using the 10 skateboard facility on that day have seen and understood the sign; and 11  (4) may not 12  (A) skateboard in a facility or a portion of a facility that has 13 been posted as "closed"; or 14  (B) use a skateboard facility while the skateboarder's ability is 15 impaired by the influence of alcohol or a controlled substance as defined in 16 AS 11.71.900 or other drugs. 17  Sec. 05.50.060. Competition: immunity for municipality operating a 18 skateboard facility. (a) A municipality shall, before beginning skateboard 19 competition at a municipal skateboard facility, allow an athlete who will skateboard 20 in the competition a reasonable visual inspection of the course or area where the 21 competition is to be held. 22  (b) A person skateboarding in competition assumes the risk of all course or 23 area conditions, course construction or layout, and obstacles that a visual inspection 24 would have revealed. A municipality is not liable for injury to a person who 25 skateboarded in competition at a skateboard facility operated by the municipality and 26 who is injured as a result of a risk described in this subsection. 27  Sec. 05.50.100. Definitions. In this chapter, 28  (1) "inherent danger and risk of skateboarding" means a danger or 29 condition that is an integral part of the sport of skateboarding, including collisions with 30 man-made objects; impact with ramps, signs, posts, fences, or enclosures, or other 31 man-made structures and their components; variations in slope and steepness; collisions 01 with other skateboarders; and the failure of skateboarders to skateboard within their 02 own abilities; the term "inherent danger and risk of skateboarding" does not include 03 the negligence of a municipality that is responsible for a municipal skateboarding 04 facility; 05  (2) "injury" means property damage, personal injury, or death. 06 * Sec. 2. APPLICABILITY. This Act applies to a civil action that accrues on or after the 07 effective date of this Act. 08 * Sec. 3. This Act takes effect July 1, 1997.