First Dog, Sutter Brown, approves bill to facilitate more dog parks

First Dog, Sutter Brown, stopped by my office last week to affix his paw to AB 265, my bill to facilitate more dog parks.

Making it easier to have a public dog park in California

Jennifer Zelinski does an elbow plank as her dog Wash looks around the Barrington Dog Park, where owners were working out with their pets in tow. (Los Angeles Times / July 10, 2013)

By Carla Hall
August 13, 2013, 6:03 p.m.

There are few urban spaces more fun to visit than a dog park, even if you don’t have a dog.

Dog parks are also essential for the cooped-up city dog without his or her own private field to romp through. And they’re usually a safe alternative to walking the dog. But, as with all publicly run spaces, there is the question of the municipality’s liability. And those kinds of concerns were stopping small and medium-size cities from opening dog parks.

Assemblyman Mike Gatto (D-Los Angeles), whose district covers Burbank, Glendale, the Hollywood Hills and Silver Lake among other communities, introduced AB 265, which limits the liability that cities and counties face when operating dog parks. He credits Glendale City Council member Laura Friedman with getting him launched on the bill after Friedman told him that one of Glendale's biggest concerns about opening a dog park was the liability. Gov. Jerry Brown (whose own dog, Sutter, has traveled the state) signed the bill into law Monday. The state has similarly imposed limited liability under some conditions for public skate parks.

Letting your canine run at the dog park generally isn’t as risky as skateboarding -- neither you nor your dog is likely to break any bones. But obviously, dogs sometimes do bite or attack people and other dogs. State law already holds dog owners liable for any injury or death caused by their dogs in a dog park. That will continue to be the case. But victims who can’t recover costs from dog owners theoretically could turn to the city or county for damages. The new law makes dog park operators not liable for an injury that results solely from an attack by a dog and is not in any way connected to the operation of the park.

This is a good and smart legal change that should help smaller communities throughout the state set up needed dog parks. And it’s another reminder that owners of dogs need to be careful with their pets no matter where they are. Everyone, human and canine, needs to be responsible in a dog park.

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Mike Gatto is the Chairman of the Appropriations Committee in the California State Assembly.  He represents Burbank, Glendale, La Cañada Flintridge, La Crescenta, Montrose, and the Los Angeles neighborhoods of Atwater Village, East Hollywood, Franklin Hills, Hollywood Hills, Los Feliz, and Silver Lake.  www.asm.ca.gov/gatto

PRESS RELEASE: Mike Gatto’s Bill to Enable More Dog Parks Signed Into Law

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August 12, 2013                                                                                                   Mobile (415) 889-9762

Mike Gatto’s Bill to Enable More Dog Parks Signed Into Law

Sacramento, CA – Assemblyman Mike Gatto’s (D-Los Angeles) bill to help local governments create dog parks was signed into law today by Governor Jerry Brown.  The idea for the bill came from Glendale City Councilmember Laura Friedman, who told Gatto that liability concerns were preventing small- and medium-sized cities from siting dog parks. 

“When Glendale was considering opening a dog park, one of the biggest concerns was protecting the City from liability,” said Friedman.  “I approached Assemblyman Gatto and am glad to see real action to address this problem for Glendale and other cities.”

Gatto’s AB 265 limits the liability that cities and counties face when operating dog parks and protects them from litigants who claim, for example, that they were unaware of potential dangers.  The current legal situation is muddled, causing many local governments to feel uncertain about potential liability.

Burbank City Councilman Jess Talamantes echoed the importance of AB 265.  “As a Councilman, I must be responsible with the city’s public finances and ensure that Burbank is protected from liability.  Assemblyman Gatto’s bill provides greater certainty that Burbank’s potential future investment in a dog park will not come back to bite us.”

AB 265’s Republican supporter, Assemblyman Brian Maienschein (R-San Diego), who served eight years on the San Diego City Council, expressed similar sentiments, saying “this bill would have made my life significantly easier when I was on the San Diego City Council and trying to site a dog park.” 

“Dog parks help build safer and stronger communities by providing a public space for neighbors to interact while training and socializing their dogs,” said Assemblyman Gatto.  “We should not allow liability concerns to be a barrier to creating these open spaces, especially in small- and medium-sized cities that cannot afford to self-insure.” 

Jennifer Fearing of the Humane Society of the United States emphasized the social importance of dog parks, especially for animal lovers with physical ailments.  “Dog parks enable senior citizens and people with disabilities, who cannot always walk their dogs, a safe alternative,” said Fearing.  “The Humane Society is glad for an opportunity to support a bill with the noble goal of nurturing the human-animal bond.”

Precedent exists for the state limiting liability to encourage specialized open spaces.  In 1997, the state imposed limited liability under certain circumstances for cities that open skate parks.  State lawmakers reasoned that more recreation opportunities were needed, but that skateboarding is inherently dangerous, and should be done at the users’ risk, and without massive liability for cities and their taxpayers.

Mike Gatto is the Chairman of the Appropriations Committee in the California State Assembly.  He represents Burbank, Glendale, La Cañada Flintridge, La Crescenta, Montrose, and the Los Angeles neighborhoods of Atwater Village, East Hollywood, Franklin Hills, Hollywood Hills, Los Feliz, and Silver Lake.  www.asm.ca.gov/gatto

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Look who took a "paws" to stop in today!

Sutter Brown, the most "pawerful" pooch in the State Capitol :)