3.100.020 Liability Limited.
A. A personal injury or property damage resulting from use of a trail that is in a public easement or an unimproved right-of-way, or from use of structures in a public easement or unimproved right-of-way, by a user on foot, on a horse, on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:
1. The City of Bend;
2. The City of Bend’s officers, employees or agents 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; 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.
B. 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 subsection (A)(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.
3. For an activity for which a person is strictly liable without regard to fault. [Ord. NS-2383, 2020]