Pursuant to the Iowa Code Chapter 670.4, sub-item 14 and sub-item15, the city shall be immune from liability:
(A) Any claim based upon or arising out of a claim of negligent design or specification, negligent adoption of design or specification, or negligent construction or reconstruction of a public facility designed for purposes of skateboarding or in-line skating that was constructed or reconstructed in accordance with a generally recognized engineering or safety standard, criteria or design theory in existence at the time of the construction or reconstruction; or
(B) Any claim based upon or arising out of an act or omission of an officer or employee of the municipality or the municipality’s governing body by a person skateboarding or in-line skating on public property when the person knew or reasonably should have known that the skateboarding or in-line skating created a substantial risk of injury to the person and was voluntarily in the place of risk. The exemption from liability contained in this division (B) shall only apply to claims for injuries or damage resulting from the risks inherent in the activities of skateboarding or in-line skating.
(Ord. 2003-27, passed 12-23-2003)