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Skateboarding Law

 
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Skateboarding Law (490 Posts)
Topic Info
45 in a 25
On 3/2/2005 Mike P wrote in from United States  (69.107.nnn.nnn)

Me too.

 
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response
On 2/26/2005 ryan wrote in from United States  (68.98.nnn.nnn)

I got pulled over for going over the speed limit, 45 in a 25.

 
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laws
On 2/14/2005 walter wrote in from United States  (24.147.nnn.nnn)

I am doing a project on skateboarding. one part of the project is on laws. i need help any help would be good

 
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Thanks!
On 2/11/2005 seth wrote in from United States  (69.140.nnn.nnn)

thanks a lot! ill check it out

 
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RE: research help!
On 2/10/2005 Jack in Aurora wrote in from United States  (192.35.nnn.nnn)

Go to www.ask.com and just type in the question, "Why is skateboarding illegal in public places?" You'll be surprised by the slew of information you get back. Good luck on your paper.
Cheers,
Jack in Aurora

Skate liber vel moritus!

 
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research help!
On 2/10/2005 Seth wrote in from United States  (205.222.nnn.nnn)

This is either going to suck or going to be cool. i dont know yet. either way, i would love any help you guys can offer. I have to do a research paper on WHY SKATEBOARDING IN PUBLIC SHOUD BE ILLEGAL
Any articles or websites pertaining to either side would be helpful... THANKS

 
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not encouraging
On 2/1/2005 mike wrote in from United States  (68.5.nnn.nnn)

10.82.010 Skateboards and Skates.

A. It is unlawful for any person to skate or to ride or propel a skateboard in a public roadway.

B. It is unlawful to skate or to ride or propel a skateboard in a business district.

C. Any person skating or riding or propelling a skateboard upon any sidewalk shall exercise due care and shall yield the right-of-way to all pedestrians. (Ord. 19-82)





not very encouraging but it is "orange" the city not the county so i dont know thanks for the help

 
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Skater fined
On 2/1/2005 Rich C wrote in from United Kingdom  (217.32.nnn.nnn)

http://www.manchesteronline.co.uk/news/s/144/144179_skater_fined_in_city_crackdown.html

Not a happy story, but the comments people have left regarding the article are encouraging...

 
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municipal codes
On 1/31/2005 Shane wrote in from United States  (198.104.nnn.nnn)

http://www.bpcnet.com/#CA

this should help.

 
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irvine/orange county
On 1/30/2005 mike wrote in from United States  (68.5.nnn.nnn)

would any one happen to have a link or knowlage about any laws int the orange county or irvien california regions havent been cited or any thing just want to have something that tells the cops wat the law says so i dont get busted thanks
mike

 
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los banditos
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
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"
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?
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
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?
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
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
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
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
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
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.
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
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
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
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).

================

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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