Clarification of Skateboarding laws in Grass Valley, California. Please Help.

[jphein]

Hello all,
This is my first post, and have no court or legal experience, so please bear with me.

I recently have taken up skateboarding as a means of travel. After hearing stories from other skateboarders about their experiences with the Grass Valley police departement I wanted to find out what the law really was.

I have some research which will be included below.
After reading the State's, County's, and Citie's codes, ordanances and resolutions I am more confused then I was at the beginning.
Here are my questions which I hope can be answered here:

1. The City has three things refering to skateboarding. An Ordinance, a Municipal Code and a Resolution. Refer below. While the Ordinance and Resolution are old and refer to each other the Municpal Code is new and doen't follow at all what the old Ordinance says the code should be. My question is, what is the law in this case?
2. According to State Law 21967 (below). Cities can only adopt rules re: riding skateboards on highways, sidewalks, or roadways.
   The city's law new municpal code (below) prohibits from riding in shopping center, apartment parking lot or within twenty feet of the entrance to any shop or "places designated by resolution of the city council"
   What if the two don't always correlate?
   Can Cities adopt laws even when the state doesn't expressly say they can?
   No, because of Section 21
   21. Except as otherwise expressly provided, the provisions of this
   code are applicable and uniform throughout the State and in all
   counties and municipalities therein, and no local authority shall
   enact or enforce any ordinance on the matters covered by this code
   unless expressly authorized herein.
   Is the citie's new municipal code lawful?
3. Why do people say they have had their board confiscated or broken? It does not say that anywhere in the law that I read.
4. Are County laws non-existant within a city?
5. According to the new municipal code (below) “3. Managers or owners of private property desiring to post their property shall deliver written notification of such posting to the city chief of police not less than twenty-four hours prior to posting the signs.” But according to three different people at the police station Helpdesk, and 2 administrative people the police department does not keep these letters if they even get them. Does that mean that every sign in grass valley is non-conforming?
   Many of them do not have the required all letters must be 2” high either.
6. I use my longboard for traveling. What are the laws that prevent me from just traveling through anywhere?

Thank you in advance for any help you can offer in my understanding of this subject.
-Jeffrey Hein

Research below.

[jphein]

State Laws (Summaries) http://www.leginfo.ca.gov/calaw.html

    1. 115800. No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads.
    2. 21212.  A person under 18 years of age shall not operate a...skateboard without a helmet.  When you go to court and it's your first infraction you will not be fined. Otherwise it is no more than $25.
    3. 21967. Local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards on highways, sidewalks, or roadways.

According to state law Skateboarders are pedestrians
467.  (a) A "pedestrian" is any person who is afoot or who is using
any of the following:
   (1) A means of conveyance propelled by human power other than a
bicycle. 

21955.  Between adjacent intersections controlled by traffic control
signal devices or by police officers, pedestrians shall not cross
the roadway at any place except in a crosswalk.

21956.  (a) No pedestrian may walk upon any roadway outside of a
business or residence district otherwise than close to his or her
left-hand edge of the roadway.
(b) A pedestrian may walk close to his or her right-hand edge of
the roadway if a crosswalk or other means of safely crossing the
roadway is not available or if existing traffic or other conditions
would compromise the safety of a pedestrian attempting to cross the
road.

21966.  No pedestrian shall proceed along a bicycle path or lane
where there is an adjacent adequate pedestrian facility.

County Laws (Nevada County) https://docs.co.nevada.ca.us/dsweb/G...ral%20Regs.doc

Sec. G-IV 3.A.18  Skateboard Prohibitions

A.	Persons are prohibited from riding or propelling skateboards on the roadways of all County maintained roads and highways.  As used in this section, roadways shall mean that portion of the road or highway improved, designed or ordinarily used for vehicular traffic.

B.	Persons are prohibited from riding or propelling skateboards on any public parking facility or private parking facility open to the public if the facility is posted with a sign stating that skateboarding is prohibited.  For the purpose of this section, public parking facility or private parking facility open to the public include sidewalks adjacent to or within such parking facilities.

C.	Persons are prohibited from willfully riding, propelling or operating a skateboard on any sidewalk, road not regulated by the Vehicle Code, or private property open to public access in such a manner as to endanger the property, safety or well-being of any person.  (Ord. #1694, 2/26/91)


Sec. G-IV 3.A.19  Skateboard Prohibitions - ******** of Signs

A.	The Director of the Department of Transportation is hereby authorized to erect and maintain, or cause to be erected and maintained, appropriate signs on County roads giving notice of provisions of Section 3.A.18.A where deemed necessary.

B.	Notwithstanding any other County ordinance to the contrary, the provisions of this ordinance shall only apply to public parking facilities, private property generally open to the public or to business premises if said property or premises is posted with signs expressly forbidding skateboarding.  Such posting shall be located at all clearly defined entry ways and shall not be required on any property not generally open to the public.  Appropriate wording on such signs would be "No Skateboarding.  Violators may be cited.  Nevada County Ordinance #1694".
(Ord. #1694, 2/26/91)


Sec. G-IV 3.A.20  Skateboard Prohibition Penalty

A.	Every person convicted of a violation of Section G-IV 3.A.18, Subsection A shall be punished by a fine not exceeding fifty dollars ($50.00).

B.	Every person convicted of a violation of Section G-IV 3.A.18, Subsection B is guilty of an infraction.

C.	Every person convicted of a violation of Section G-IV 3.A.18, Subsection C is guilty of a misdemeanor.
(Ord. #1694, 2/26/91)

City Laws (Grass Valley) http://www.cityofgrassvalley.com/ser...des/index.html

Section 10.64.010 Purpose.
    The purpose of this chapter is to prohibit the use of skateboards and similar devices in shopping centers and on and along pedestrian walks and ways in certain designated areas of the city when such activity endangers pedestrians using such property.  (Ord. 486 § 4 (part), 1992: prior code § 13-16)

Section 10.64.020 Definitions.
    "Pedestrian walk" means those areas of the city, usually a public sidewalk, but may include an alley, roadway, parking lot, or any way or place used for pedestrian foot traffic or for wheelchairs.
    "Shopping center" means the privately owned real property upon which a business commercial development is situated, which development is open to the general public and devoted to retail sales and services from shops and stores situated therein, as well as other accessory uses compatible with a retail sales shopping area.
    "Skateboard" means a mechanism having two or more sets of wheels, often resembling wheels on rollerskates, which are fastened to a platform, commonly constructed to accommodate a standing person. Skateboards are normally propelled by the operator pushing off the ground with one foot or by the force of gravity but may be operated by an engine, motor or similar device.  (Ord. 486 § 4 (part), 1992:  prior code § 13-16.2)

Section 10.64.030 Skateboards prohibited.
    A.  No person shall use or operate a skateboard within any shopping center, apartment parking lot or within twenty feet of the entrance to any shop, store, or commercial building which has been posted by the owner or manager with a sign, as described below.  The posting of these signs is voluntary on the part of any such property manager or owner.
    1.  For shopping centers, signs shall be posted on the property of the shopping center, along each exterior entrance of the shopping center, in plain view of pedestrians and motor vehicle operators entering the center at such entrances.  Additional signs, as described below, may be posted within the interiors of the shopping center.  These signs shall be maintained by the management of the shopping center.
    2.  Each such sign shall state:  "SKATEBOARDING PROHIBITED" and underneath "City of Grass Valley Municipal Code Section 10.64.030."  The signs shall be not less than one square foot in area and will have letters not less than two inches in height.
    3.  Managers or owners of private property desiring to post their property shall deliver written notification of such posting to the city chief of police not less than twenty-four hours prior to posting the signs.
    4.  Any manager or owner may withdraw from the provisions of this chapter by notifying the chief of police, in writing, of such withdrawal, and removing the required signs.
    B.  The director of public works shall post or erect or cause to be posted or erected signs prohibiting skateboards in places designated by resolution of the city council.  (Ord. 486 § 4 (part), 1992: prior code § 13-16.3)

Section 10.64.040 Violation--Penalty.
    Notwithstanding any other provisions of this title, a violation of this chapter shall constitute an infraction and shall be punishable by a fine of not less than ten dollars for a first offense, twenty-five dollars for a second offense, and one hundred dollars for each offense thereafter. (Ord. 486 § 4 (part), 1992:  prior code § 13-16.4)

Section 10.28.020 Pedestrians must use crosswalks in business districts.
    No pedestrian shall cross a roadway other than by a crosswalk in any business district. "Business district" or "districts" for purpose of this section shall be as established by resolution of the council.  (Ord. 486 § 4 (part), 1992:  prior code § 13-7.1)

City Ordinance and Resolution (From Kristi Basher, City Clerk (530) 274-4310)
Atached
resolution79-183.png
ordinance253.png
ordinance253p2.png

[Codee]

Originally Posted by jphein

Hello all,
This is my first post, and have no court or legal experience, so please bear with me.

I recently have taken up skateboarding as a means of travel. After hearing stories from other skateboarders about their experiences with the Grass Valley police departement I wanted to find out what the law really was.

I have some research which will be included below.
After reading the State's, County's, and Citie's codes, ordanances and resolutions I am more confused then I was at the beginning.
Here are my questions which I hope can be answered here:

1. The City has three things refering to skateboarding. An Ordinance, a Municipal Code and a Resolution. Refer below. While the Ordinance and Resolution are old and refer to each other the Municpal Code is new and doen't follow at all what the old Ordinance says the code should be. My question is, what is the law in this case?
2. According to State Law 21967 (below). Cities can only adopt rules re: riding skateboards on highways, sidewalks, or roadways.
   The city's law new municpal code (below) prohibits from riding in shopping center, apartment parking lot or within twenty feet of the entrance to any shop or "places designated by resolution of the city council"
   What if the two don't always correlate?
   Then Grass Valley has overstepped its bounds.
   Can Cities adopt laws even when the state doesn't expressly say they can?
   No, because of Section 21
   21. Except as otherwise expressly provided, the provisions of this
   code are applicable and uniform throughout the State and in all
   counties and municipalities therein, and no local authority shall
   enact or enforce any ordinance on the matters covered by this code
   unless expressly authorized herein.
   Is the citie's new municipal code lawful?
   No, it is in direct conflict with the state vehicle code and therefore is in violation of CVC sec 21. making it unconstitutional.
3. Why do people say they have had their board confiscated or broken? It does not say that anywhere in the law that I read.
   They did not know their rights
4. Are County laws non-existant within a city?
   Municipal laws in a city override the municipal laws of the county,,, usually.
5. According to the new municipal code (below) “3. Managers or owners of private property desiring to post their property shall deliver written notification of such posting to the city chief of police not less than twenty-four hours prior to posting the signs.” But according to three different people at the police station Helpdesk, and 2 administrative people the police department does not keep these letters if they even get them. Does that mean that every sign in grass valley is non-conforming?
   Many of them do not have the required all letters must be 2” high either.
   Yes the signs are non-conforming thus giving way to :fair notice" argument
6. I use my longboard for traveling. What are the laws that prevent me from just traveling through anywhere?

Good for you and Good Luck!!!

[Codee]

Originally Posted by jphein

State Laws (Summaries) http://www.leginfo.ca.gov/calaw.html
[code] 1. 115800. No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads.
2. 21212. A person under 18 years of age shall not operate a...skateboard without a helmet. When you go to court and it's your first infraction you will not be fined. Otherwise it is no more than $25.
3. 21967. Local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards on highways, sidewalks, or roadways.

I thought gravity operated skate boards.

PS. Since I am from Grass Valley and have clobberred the PD over there I will help out with more detail in the next few days on this thread

[masterduke]

Always remember; SKATEBOARDING IS NOT A CRIME! The pinheads have nothing better to do. As for you using a longboard for transportation, the fat slob, doughnut gobblers, are so cluless that they wouldn't know the difference. Just having fun, sorry to piss you off!(officer)

[jphein]

Originally Posted by Codee

4. Are County laws non-existant within a city?
Municipal laws in a city override the municipal laws of the county,,, usually.
When do county laws override city laws? Would they in this case?

Also does anyone know about trespassing laws and such for places open for the public?
If I'm just skateboarding through an area is there any reason why that could be unlawful if it is a public area?

[Codee]

City Laws Rule In Instances Where They Are Given Power To Adopt A Regulation. Such As Laws Adopted In Conformance With Title 21. The County Sometimes Acts As The State, But Not When Dealing With County Code, That Is County.