Cave Junction city council considers recreational immunity issue
From our weekly issue dated June 30, 2010
The Cave Junction City Council wants to hear from the public about “recreational immunity“ that allows the public to sue entities in case of injury if a fee was charged for using a public facility.
Councilors discussed the matter during a 75-minute meeting at city hall Monday night, June 28.
City Recorder Jim Polk said that an Oregon Supreme Court ruling stated that if citizens pay for the use of public parks, municipalities cannot claim “recreational immunity,“ which prevents lawsuits in case of injury.
Polk stated that the city annually receives approximately $1,500 from utility fees for use of Jubilee Park.
Councilor Dan Fiske said that it is hard to justify putting city liability at risk for such a small sum. Fellow Councilor Margaret Miller suggested that the conversation be continued with input from the public and legal counsel, and the council agreed.
The council also held public hearings regarding the use of state revenue-sharing funds; the city“s 2010/2011 fiscal year budget; and an ordinance to amend the legal description of annexed land. That ordinance passed 3-0, as Councilor Carl Jacobson was absent, and Mayor Don Moore, who owns the property, abstained from voting.
Resolutions adopting the 2010-11 budget, and a new policy regarding sick leave donation for city employees were passed 4-0.
Councilors also received a $175,000 check from Kerby Water District Board Chairman John Plute for system development charges to connect to the city water system.
Plute said that the project to bring water to the Kerby community should be completed around Aug. 6, and that a ribbon-cutting ceremony will be held that month.
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