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Council opts into state recreational immunity for parks and trails

Roseburg City Council · May 13, 2024
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Summary

Council adopted a resolution electing to opt into ORS 105.668 to restore recreational immunity for parks and trails; staff said recent legislation clarified walking, running and bicycling are recreational activities and smaller cities must opt in.

The Roseburg City Council voted May 13 to adopt a resolution opting into ORS 105.668, restoring recreational immunity for city parks and trail systems.

Staff explained the action responds to a state-level court decision and subsequent legislative change that added walking, running and bicycling to the list of covered recreational activities. While the change applies automatically in Portland, smaller cities must opt in; the resolution directs the city to apply the statute to its park and trail system, providing the city an affirmative defense in many park-related injury claims.

Council moved and seconded the resolution and adopted it by voice vote. Staff said the legislature may revisit the issue for a longer-term fix in a future session.