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Skateboarding Law

 
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Skateboarding Law (490 Posts)
Topic Info
Misdemeanor for not wearing safety equipment
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
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
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
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
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
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
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
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
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
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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what
On 11/28/2004 ronnie wrote in from United States  (152.163.nnn.nnn)

what? im just looking for things in newspapers and magazines and maybe some laws that prohitbit skating sorry if i came across as malignant or something

 
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Research Paper
On 11/19/2004 Sketchmaster wrote in from United States  (4.22.nnn.nnn)

Ronnie: The way you decided to frame your request implies that you already consider the most valid defenses such as "reason and prudence" and "consent of the governed" to be crackpot ideas. Compiling text does not solidify a position. The body of law is ever changing and if you are not willing to stand against injustice then you are just an insignificant data collector. Before you start casting aspersions perhaps you should illuminate us as to your record before the bench.

Love, The Crackpot

 
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the total legality of skateboarding?
On 11/18/2004 ronnie wrote in from United States  (205.188.nnn.nnn)

hey whats up every one. im doin a paper on the legality of skateboarding any info could be helpful plz make sure it is credible and not some cracked up idea your have thx

 
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Boarding Laws
On 11/14/2004 Rich C wrote in from United Kingdom  (217.32.nnn.nnn)

Nah! It's simpler than that! Don't get caught.

 
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Boarding Laws
On 11/14/2004 Skeez wrote in from United States  (65.78.nnn.nnn)

Its simple dont skateboard on Private Property!

 
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Seatle Park
On 10/20/2004 Mike P wrote in from United States  (207.163.nnn.nnn)

Hey Todd. That signs's pretty bitchy, but dont let it get to u. There are a lot of retarded rules out there-- especially concerning skateboarding. I've been arrested for speeding on my board a few blocks from my house.
Anyway, the point is, if they aren't taking u to jail, just let the sign roll off ur back. I know from experience that California State Parks give u a warning about skating before they cite u. It's probably the same in seattle. On top of that, if they do take u to court, ull still win, because they didn't vote. Ur golden, f#@! the sign!

 
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skateboard signs
On 10/15/2004 nicholas wrote in from United States  (69.161.nnn.nnn)

I think every skateboarder should a lest take down one f#@!ing bad sign about skateboarding.

 
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Texas Post
On 9/29/2004 Sketchmaster wrote in from United States  (4.22.nnn.nnn)

Chewning: It's gotten to the point that regardless of whether or not a lawyer is involved you may still have a legal liability. It all depends on what the jury decides and the laws are purposefully being written in such vague language that jury decisions become almost impossible to predict. There is, however, the old defense of "void due to vagueness". But I haven't heard of anyone using that in quite a while.

 
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Sweden skateboard laws
On 9/28/2004 Pat Chewning wrote in from United States  (24.21.nnn.nnn)

As of 2000, skateboarders are considered pedestrians under Swedish laws:

"SWEDEN
According to the Swedish ordinance on road traffic, roller skaters, roller skiers, skaters, skiers, etc. shall comply with the rules concerning pedestrians. Accordingly, roller skaters shall use pavements or the verge when skating on the road. If there is no pavement or verge, roller skaters shall use a cycle lane or the carriageway. Furthermore, roller skaters are allowed to use a cycle lane or the carriageway if the pavement is narrow, if the space there is otherwise limited or if there are other special reasons for the roller skater not to use the pavement.
When using the verge or the carriageway, roller skaters shall keep to the side opposite to the direction of traffic, except if they are skating faster than the speed of walking. In that case, the roller skaters shall keep to the other side if appropriate."

Read about it here: http://www.unece.org/trans/main/wp1/newdocs/wp12000-24e.doc

 
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skateboarding law´s in Sweden
On 9/28/2004 jawes wrote in from Sweden  (193.180.nnn.nnn)

Do they exist?
What if I drive down a Highway in like 80km/hour..?
Do I have to pay with my driving license?
..may seem like an odd question...but I DO wonder!

jawes
team sweden.

 
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Texas and skateboard law
On 9/23/2004 Pat Chewning wrote in from United States  (24.21.nnn.nnn)

You need a lawyer to figure out Texas law on skateboarding.

According to way I read it (I am not a lawyer, and this is not law advice):

Texas does have a limited liability law for recreational use of skateboards on property.
A) If agricultural property: Including roads attached to property
B) If privately held propery: Including roads attached to property
C) If municipal property: Only if "premises are owned, operated, or maintained by the state or a municipality or county for the purposes of those
activities" (activities including hockey, in-line hockey, rollerskating, skateboarding). Furthermore, the owner must post a sign with specific wording that warns people that the state law limits the liability of the owner.

What is unclear to me is the "for the purposes of those activities" wording. In some sections of the law it appears to apply to the "owning and maintaining" verbs. In other areas of the law it appears to apply to the permission granted for use of those activities.... ????

So if you find a good city or county street that you want to run your race on, you MIGHT be able to convince the authorities that they are protected by state law as long as they post the sign while the activites are being held. At least that is how I would approach them (to avoid buying insurance). They will probably want their "risk manager" to look into the law. The "risk manager" will probably be as unsure as I am, and will insist on insurance coverage. That's my prediction.

You can find the texas law in Chapter 75 (Civil Practices & Remedies) here:

http://www.capitol.state.tx.us/statutes/index.htm

http://www.capitol.state.tx.us/statutes/cp.toc.htm

 
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Texas and skaters
On 9/18/2004 Marcos wrote in from United States  (68.206.nnn.nnn)

Hey I was wondering if and body knew if Texas classifys skateboarding as a hazardous activity. I'm holding a race here and was wondering about insurance.

Thanks

 
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Signs
On 9/17/2004 Sketchmaster wrote in from United States  (4.22.nnn.nnn)

More likely than not, the municipality needs to have an enabling ordinance in place for every sign they post. If they don't have the enabler then they are hosed. If the do have the enabler and the prosecutor does not find it for his case then he is hosed. From my experience, a prosecutor will not research the enabler before the case hits court because almost no one challenges the validity of signs. Generally parties in court regarding such issues are arguing facts and not the legal subleties of the underpinnings of western civilization. Good luck with everything and don't forget "reasonable and prudent". Judges love to hear that term. So many prosecutions fall apart because the statutorially prohibited activity is reasonable. No victim = no crime.

 
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Seattle beef
On 9/10/2004 Todd wrote in from United States  (66.235.nnn.nnn)

Believe me, that thought had totally crossed my mind. The only reason I'm not 100% behind that idea is this: what if someone had torn down an old sign before I ever started skating there. If that's the case, then I would be screwed.

 
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Seattle Beef
On 9/8/2004 Sketchmaster wrote in from United States  (4.22.nnn.nnn)

Todd:Nooooooo. GBJ is right in that you have done the appropriate research but now you guys seem to want to blow yourselves out of the water. You have a minimum of quantity one get out of jail free cards. You don't want this to come to a head before you get cited or they will most likely just vote in the ordinance. As it is now you are not validly citable. You may have to appear in court to defend your position but that is a small price to pay. Some of my fondest memories are from within courtrooms. Don't do it. Ignore invalid signs. Keep skating. You are not citable if there is no enabling ordinance. If you research my posts you will find I did a thread on this earlier. Once again; Do not confront them. Make them confront you. This is like a hand in poker. DO NOT SHOW THEM YOUR CARDS.

 
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