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| Skateboarding Law (490 Posts)
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los banditos
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On 1/28/2005
greg
wrote in from
United States
(198.104.nnn.nnn)
good luck trying to argue with mexican police. your best bet is to pay them or buy them a drink, seriously. me and my brother have been in mexican jails before and they suck. they dont even feed you at all. that was for being drunk in public i think.
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Longkskating in Mexico
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On 1/27/2005
Nacho
wrote in from
Mexico
(201.137.nnn.nnn)
how´s everyone going? does anyone know something about skating laws in public areas like streets in Mexico, ´cause i´ve been pulled out a several times by the police arguing that the people who live around are complaining but they never say anything about the law, but it´s hard to argue with them because they ´re "the mexican Police" you see? well, hopefully anyone knows something for us mexican skaters to argue the pigs. have a good one.
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"Negligent Use"
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On 1/26/2005
Mike P
wrote in from
United States
(69.107.nnn.nnn)
Since i was arrested and convicted for skateboarding down a hill i have done a lot of research concerning skating down hills, and actually drafted a bill making skateboarding universally legal. This law is actually one of the better ones. Often cities have laws that are similar to those you would find in iraq concerning subjects other than skating. some cities outlaw skating over certain speeds (usually ridiculous like 15 mph.) Others outlaw skating on certain streets such as streets with a grade, streets with bot dots (box reflectors) or heavy trafic. They also strip skaters of their ability to judge conditions for themselves. They outlaw riding at night, in the rain etc.
GOOD LAWS, or at least the best ones that currently exist, are based on interpretation like this one. Cops dont know about sliding a board, speedskating, or the fact that people can actually ride a skateboard at speed. When this is explained, in places where law is interpretable, usually conflict is avoided. However, if they refuse to believe that you are safe, you could still win in court. We need state laws that make it legal to ride a skateboard as long as you are under control and riding in a way that takes into account all conditions.
If you were cited for negligent skateboarding, you could bring in a TV and some well edited footage, and explain to the court that you could have easily stopped had an emergency occurred, and you could handle the turns on the road. Bring in all your equipment and do a little sliding seminar.
However if the law just said that you cannot skate on a grade, you'd be dead in the water (unless you want to appeal the Constitutionality of the law... major props if you make it to circuit.) You can see where this law isnt that bad.
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Negligence?
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On 1/24/2005 Rich C
wrote in from
United Kingdom
(217.32.nnn.nnn)
Another point.
5) Assessment of the risk of getting busted. If there's a low probability of anyone objecting to your presence, skate as long as you like. Otherwise, grab a quick skate, then get out of there!
Thinking about it, surely this is a reasonably prudent step skaters have been taking since the time of clay wheels. Worth remembering though.
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hmmm
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On 1/17/2005 shane
wrote in from
United States
(24.16.nnn.nnn)
i would agree with you except that the law states "negligent use" is endangering someone which, despite our efforts, we cannot totally rule hurting someone or ourselves. however this law also is hypocritical since almost all skateboarding is endangering to the person who is skateboarding. if this is true than no skateboarding is allowed whatsoever.
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Negligence?
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On 1/17/2005
Pat Chewning
wrote in from
United States
(24.21.nnn.nnn)
NEGLIGENCE - The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same community.
Perhaps you could fight the "negligence" by showing that you take the following steps:
1) Pads, slider gloves, helmet
2) Observer for traffic, skating in low-traffic areas
3) Skills for stopping, avoiding obstacles, speed control
4) Clearing street of debris
These are the normal steps the "community" of skateboarders use to avoid harming themselves or others. I think if you could show that these steps are being taken then you might have a chance of fighting the "negligence" law.
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loopholes
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On 1/15/2005 Shane
wrote in from
United States
(198.104.nnn.nnn)
so no loop holes to be found in issiquah huh? well that sucks. at least im an informed criminal now. thanks for the quick reply, the links, and the tips. im gonna try and see if other surrounding cities and towns have similar Negligent skateboard use laws.
thanks again.
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How to find skateboard laws
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On 1/14/2005
Pat Chewning
wrote in from
United States
(15.252.nnn.nnn)
You may have noticed that I've posted quite a few examples of skateboard law on these pages. This is usually in response to someone asking "does anyone know what the law is in ------".
Here's how I search for those laws:
1) I use a search engine (www.google.com) to search for a city, county, or state home page or pointer to their laws. Search "oregon statutes municipal code" or search "Issaquah municipal code statutes" .
2) Usually you will find a web site for the government entity where you can then find their "municpal code" or "revised statutes" or other search engine for their laws.
3) You can then search for "skateboard" "scooter" "gravity" "non-motorized" in the law and see if it applies to skateboards.
4) Few laws are found at the state level. (exception: Helmet laws and laws allowing counties or cities to regulate skateboarding)
5) Most skateboard law will be found alongside bicycle and motor vehicle laws at the city or county level.
6) This works in the USA -- other countries may differ.
-- Good Luck searching
-- Pat
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Issaquah Washington: Negligent Use
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On 1/13/2005
peters
wrote in from
United States
(24.18.nnn.nnn)
Pat, thanks again! Doesn't surprise me that Issaquah would have their own clauses as many cities/municipalities.
I wonder what the percentage of similar 'Negligent operation of rollerblades / bicycles' clauses to skateboard clauses is?
With a squishy clause like " *likely* to endanger " I think this is where the skaters 'attitude' comes into play most of all.
peters
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Issaquah Washington: Negligent Use
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On 1/12/2005
Pat Chewning
wrote in from
United States
(24.21.nnn.nnn)
The Law in Issaquah WA says:
http://www.ci.issaquah.wa.us/SectionIndex.asp?SectionID=3
10.44.020 Negligent operation of skateboards prohibited.
It is unlawful for any person to operate a skateboard in a negligent manner upon any roadway, sidewalk or publicly owned parking lot. For the purpose of this section, “to operate in a negligent manner” means the operation of a skateboard in such a manner as to endanger or be likely to endanger any persons or property. (Ord. 1696 § 1, 1985).
Maximum fine: $250
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re WA state law - URL from jan 2004 post
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On 1/12/2005
peters
wrote in from
United States
(140.142.nnn.nnn)
hey shane -- chewning posted a useful WA state law excerpt back in january last year -- the link is:
http://www.cascadeparaglidingclub.org/pages/recusewa.html
Pat always notes : "(He is) not a lawyer, and this is not legal advice"...
Kudos to Pat for that post --- I printed out several copies from that URL, and always keep one handy when I ride - have handed out to parking lot / property owners who've kicked me out from time to time. On a couple occasions I came back several days later and they are now cool with me just cruising their lots, and one place is cool with me setting up cones -- it's mostly in keeping a positive, non-confrontational attitude with them.
You're still going to run into some who say 'don't talk back', that's just statistics for ya - gotta move on politely, just like you did. On my morning commute there are a few cops who regularly wave me through a particular RED light where Paul Allen's new construction is underway -- they ask questions about my board, etc...very cool. Only one cop out of about six has pulled me aside about the board not being "street legal", or that its too dark and I don't have lights, etc...
peters
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"negligent use of a skateboard" in Wa.
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On 1/12/2005 Shane
wrote in from
United States
(24.16.nnn.nnn)
yesterday i found this sick 35 MPH hill in Issiquah and started skated it. id been doing that for about an hour when a cop pulled me over because he recieved a complaint (i dont know what for). he didnt give me a ticket but said this was a warning and next time i would be cited. he also said that there was a law, "negligent use of a skateboard". when i politely asked him what wasnt negligent use of a skateboard, he changed the subject and told me not to talk back. he ran my liscence and sent me on my way.
so ive done tons of searching on the internet and found nothing about this "law" he talked about. is he pulling my chain? if anyone could give more links to washington state skateboard laws i would be gratefull.
thanks.
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Minor infractions
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On 12/31/2004 AenGhooste
wrote in from
United Kingdom
(193.113.nnn.nnn)
I feel for you guys in the US of A, its a travasty that you get pulled for skating. In five years of skating I've never spoken to the police except when I left my board at a bus stop and a granny handed it in to the cities cop shop. The way I feel about it is its my freedom. No one can take it from me without my resitance at every stage. I respect others and avoid confrontation but I think I should be allowed to skate, hense, I will now and always. No law can tell me otherwise. Peace out bretheren (an sisters) Keep runnin from Babylon they just wan you to be an easy job, dont give it them and in your soul you'l be eire.
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Safety Equipment Law
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On 12/22/2004 Steven
wrote in from
United States
(69.225.nnn.nnn)
Thanks for the info. Guess, I've got to bite the bullet. Just hate wasting a judge's time for something I'm no longer doing.
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Safety Equipment Law
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On 12/22/2004
Pat Chewning
wrote in from
United States
(24.21.nnn.nnn)
Your citation is not for breaking a state law, but for an infraction of the Stockton Municipal code, which can be found here:
http://www.stocktongov.com/SMC/index.htm
SEC. 5-022.10. SKATEBOARD PARK REGULATIONS:
(a) It is unlawful and a misdemeanor to ride or operate a skateboard in a skateboard park owned or operated by the City unless wearing a helmet, elbow pads and knee pads. It is unlawful and a misdemeanor to operate any bicycle in a skateboard park owned or operated by the City.
(b) The term "skateboard" includes skateboards, roller skates, roller-blades, in-line skates, or scooters. The provisions herein shall also apply to the operation of bicycles.
(c) The City Manager or a designee shall determine, from time to time, the hours of operation for all skateboard parks owned or operated by the City. No person shall be on the premises of any such skateboard park after the hours of operation as posted pursuant to the following paragraph.
(d) The City shall post signs at each skateboard park owned or operated by it, which provide reasonable notice that every person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads and that any person failing to do so will be subject to citation. Such signs shall also state the hours of operation of the facility and that any person found on the premises after the hours of operation will be subject to citation.
(Added by Ordinance 030-00C.S. -- Effective December 28, 2000)
B. Any person convicted of an infraction, shall be punishable by a fine only as follows: Upon a first conviction, by a fine not exceeding one hundred dollars ($100), by a fine not exceeding two hundred and fifty dollars ($250) for a second violation of the same ordinance within one year, and for a third conviction or subsequent conviction within a period of one year, by a fine not exceeding five hundred dollars ($500).
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I am guessing that when you appear you will be fined about $25 to $50, especially if you plead guilty, say you are sorry, promise to wear your safety gear, and appear respectful and well-dressed in court. I'm guessing that you are required to appear so they can scare you into wearing safety equipment.
I doubt that you will be fined the full $100 allowable for a 1st infraction.
You really ought to wear safety equipment, even without a law (my opinion).
I am not a lawyer, and this is not legal advice.
-- Pat
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Misdemeanor for not wearing safety equipment
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On 12/22/2004 Steve
wrote in from
United States
(69.225.nnn.nnn)
Rec'd citation to appear in court for not wearing safety equipment in a skate board. Tried to get out of appearing but no luck said that this misdemeanor calls for mandatory appearance.
Anyone know what the California law is regarding being given a misdemeanor instead of a warning first? I was at a skatepark in Stockton, CA. I am a minor. Violation code SMC5-022.10 (A). Also, anyone knows what happens when you go before the judge on something like this? I'm not even skateboarding any longer as have gone onto other things.
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Mt. Diablo
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On 12/13/2004 Mike P
wrote in from
United States
(69.107.nnn.nnn)
MT DIABLO IS SOOO SICK TO SKATE!!!!
...but illegal. Dont let that stop u tho. I skated it helluv times, and then got pulled over by a ranger. he took all my info (on my drivers license) and told me this was a warning, but if i came back id get cited. i asked him if that was typical policy, and he said yes. skate that s#@! until the same happens to u. i prefer the side that goes down into walnut creek, but both r sick. the walnut creek side has a section towards the top that is just one 180 degree turn after another. shred it!
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MT Diablo State Park - No skateboarding
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On 12/10/2004
Pat Chewning
wrote in from
United States
(24.21.nnn.nnn)
http://www.mdia.org/regulations.htm
GRAVITY PROPELLED DEVICES
SKATEBOARDS, ROLLERSKATES, ROLLERBLADES and other Gravity Propelled Devices are prohibited.
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Laws in State Parks
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On 12/8/2004
S A V A G E crew
wrote in from
United States
(67.180.nnn.nnn)
Hey Guys, I was wondering if anyone knows where i can find any laws or rules regarding longboarding in state parks, particularly in California, Mount Diablo State Park. Any help appreciated, thanks guys!
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Legality in Australia
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On 12/1/2004 Bugs
wrote in from
Japan
(202.32.nnn.nnn)
http://www.rta.nsw.gov.au/roadsafety/downloads/schoolcommunitylanguagebrochures/the_law_bicycles_english.pdf
http://www.rta.nsw.gov.au/rulesregulations/downloads/arrguide.pdf
Skateboarding is legal between dawn and dusk on any road that does not have lane markings or a centre line.
Skateboarding is legal on footpaths (sidewalks), but skatboarders must give way to pedestrians.
General laws regarding offensive behaviour and nuisance might be used by police against skateboarders, particularly on footpaths.
In general I reckon that this situation is not a bad compromise between the various road users and footpath users.
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LA County & a ridiculous skateboard law
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On 12/1/2004
stevie
wrote in from
United States
(68.4.nnn.nnn)
Mike, thanks for the link. LA County law, damn. That would be the County Sheriff backing that up. You hardly ever see those guys around, just the LA City cops. A City Cop once told me that they won't respond to a call about skateboarders but would possibly use illegal skateboarding as a pretext for checking out people that were "otherwise suspicious". Yes, he told me that. I hope that's the case with the County law as well.
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steve
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On 12/1/2004 mike
wrote in from
United States
(69.107.nnn.nnn)
sorry, here's the link
http://municipalcodes.lexisnexis.com/codes/lacounty/_DATA/TITLE15/Chapter_15_54_SKATEBOARDS_AND_ROLL/index.html
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research
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On 12/1/2004 mike p
wrote in from
United States
(69.107.nnn.nnn)
courtesy of http://municipalcodes.lexisnexis.com/codes/lacounty/
>Vehicle traffic >skateboards and roller skates
15.54.010 Skateboards -- Prohibited on greater than three-percent grade.
No person shall ride on or propel any skateboard, as defined in Section 15.08.185, on any county road, street, highway, lane or alley which has a grade in excess of three percent, nor shall any person ride on or propel any skateboard on any county road, street, highway, lane or alley in excess of 10 miles per hour. (Ord. 12259 § 2, 1980: Ord. 6544 Ch. 1 Art. 4 § 1404.1, 1954.)
bummer. thats even worse than alameda. we have room for interpretation as long as u can convince the cop that ur being safe.
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stevie
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On 12/1/2004 mike p
wrote in from
United States
(69.107.nnn.nnn)
chances are u need to do more research. my county (alameda) states that i must where a helmit, ride during the day and not on a steep incline. u prob need to do some searching.
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Los Angeles
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On 11/28/2004
stevie
wrote in from
United States
(68.4.nnn.nnn)
hey all ...
As far as I've been able to determine, California law for skateboarders only states that skateboarding in general is legal, as well as giving the authority to the counties and cities to establish further skateboarding laws.
In the City of Los Angeles Municipal Code, all I can find is a bit that says that signs can be posted regulating skateboarding and that the signs need to be obeyed. In other words, if a location isn't posted "no skateboarding", then skateboarding should be legal at that location.
Anybody know more than that? Is my assessment correct?
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