The owner of any parcel of land on which, or adjacent to which, a trail has been or is expressly dedicated for public use as an equestrian, pedestrian, or other type of non-motorized recreational right-of-way and expressly accepted by the County of San Diego on behalf of the public, is eligible for the benefits of this chapter.
(Added by Ord. No. 9233 (N.S.), effective 8-11-00)
The County of San Diego will defend and indemnify an owner of a parcel of land as described in this chapter, from all claims, demands or liability for injury to person or property that occurs on the trail, or incidental to use of the trail, when used for any recreational purpose, excluding injury occurring in any of the following circumstances:
(a) The owner's willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity;
(b) Where permission for recreational use was granted for a consideration other than the benefit received at the time of dedication;
(c) Where the person suffering injury was expressly invited by the owner to use the trail for a recreational purpose rather than merely permitted to use it;
(d) Where the person suffering injury is a member of the owner's household.
(Added by Ord. No. 9233 (N.S.), effective 8-11-00)
SEC. 812.104. COOPERATION OF PROPERTY OWNER.
Property owner shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. County's obligation to defend or indemnify owner from and against any claim, demands or liability for injury to person or property shall terminate if property owner does not cooperate with the County in its defense of the action.
(Added by Ord. No. 9233 (N.S.), effective 8-11-00)