(A) Definitions. As used in this section:
STRUCTURES. 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 non-motorized vehicle or conveyance.
UNIMPROVED RIGHT-OF-WAY. 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 with jurisdiction over the public right-of-way and for which the city has not expressly accepted responsibility for maintenance.
(B) 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 non-motorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:
(1) A city with a population of 500,000 or more;
(2) The officers, employees or agents of a city with a population of 500,000 or more to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;
(3) The owner of land abutting the public easement, or unimproved right-of-way, in a city with a population of 500,000 or more; or
(4) 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 a city with a population of 500,000 or more.
(C) Notwithstanding the limit in division (B) of this section to a city with a population of 500,000 or more, by adoption of an ordinance or resolution a city or county to which division (B) of this section does not apply may opt to limit liability in the manner established by division (B) of this section for:
(1) The city or county that opts in by ordinance or resolution;
(2) The officers, employees or agents of the city or county that opts in to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;
(3) The owner of land abutting the public easement, or unimproved right-of-way, in the city or county that opts in by ordinance or resolution; and
(4) 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 or county that opts in.
(D) The immunity granted by this section from a private claim or right of action based on negligence does not grant immunity from liability:
(1) Except as provided in division (B)(2) or (C)(2) 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;
(2) For personal injury or property damage resulting from gross negligence or from reckless, wanton or intentional misconduct; or
(3) For an activity for which a person is strictly liable without regard to fault. [2011 c.528 §1]
(Res. 03-2024, passed 5-13-2024)