Notwithstanding the provisions of any other general or special law, rule or regulation to the contrary, any city or town which operates and maintains a skateboard park shall: (i) construct and maintain the skateboard park in a reasonably safe condition; and (ii) conspicuously post signs which warn users of the skateboard park to wear properly fitted and fastened helmets, as well as other protective gear such as kneepads and elbowpads, and which also gives notice that, as provided for in section 2, the city or town shall not be liable for injuries or loss of property incurred by a skateboarder or in-liner skater while skateboarding or in-line skating in the park. 

For the purposes of this act, the term skateboard park shall mean any area open to the public, for use without charge, for the purpose of skateboarding or in-line skating.

SECTION 2:     Cities or towns shall not be liable for injuries or loss of property incurred by a skateboarder or in-line skater while skateboarding or in-line skating, provided that the city or town complies with Section 1.

SECTION 3:     No action shall be maintained against city or town that has not complied with the provisions in Section 1 for injury to a skateboarder or in-line skater while using a skateboard park unless person so injured has, within 90 days of the incident, given notice to the city or town, by registered mail, the name and address of the person injured, and the time, place and cause of the injury. 

Failure to give the foregoing notice shall bar recovery, unless the court finds that the city or town had actual knowledge of said injury or had reasonable opportunity to learn of said injury within the 90 day period or was otherwise not substantially prejudiced by reason of not having been given actual written notice of said injury within said period. 

In a case where lack of actual written notice, actual knowledge, or a reasonable opportunity to obtain knowledge of any injury within the 90-day period is alleged by a city or town, city or other municipality, the burden of proving substantial prejudice shall be on the city or town. 

An action to recover for such injury shall be brought within one year of such injury.

SECTION 4:    The provisions of this act shall be applicable in any city or town which accepts the provisions of this section in a city by a vote of the city council and in a town by a vote of the board of selectmen or any other body authorized to approve such provisions.

SECTION 5:     This act shall take effect upon its passage.