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Legality in Indianapolis, Indiana

 
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G- Dub



Joined: 07 Oct 2009
Posts: 41
Location: Indianapolis, Indiana

PostPosted: Fri Oct 23, 2009 7:15 am    Post subject: Legality in Indianapolis, Indiana Reply with quote

Sec. 645-528.  Use of toy vehicles.
(a)   It shall be unlawful for any person, who is riding in or by means of a skateboard, coaster, scooter, toy vehicle or any similar play device, to park, stand or use any such vehicle or device upon any roadway, except when and where such roadway is designated as a play street, or while he is crossing a street on a crosswalk, and when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.
(b)   It is hereby declared a public nuisance and, therefore, a violation of this Code to operate a skateboard, coaster, scooter, toy vehicle or any similar play device on the streets, sidewalks, ramps and parking areas within the territory bounded by and including:
(1)   College Avenue on the west, Compton Street on the east, 62nd Street on the south, and 65th Street on the north;
(2)   North Street on the north, South Street on the south, East Street on the east, and West Street on the west ("Downtown Mile Square");
(3)   Pedestrian bridges and city right-of-way on either side of the canal, from the south right-of-way line of Eleventh Street to North Street, and from West Street to the White River ("Canal Walk Zone"); and
(4)   Massachusetts Avenue from the intersection of North Street and East Street to the intersection of College Avenue and Saint Clair Street.
(c)   A skateboard operated in violation of this section may be temporarily held to abate the nuisance.
(d)   The first violation in any calendar year shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of this Code. All second and subsequent violations in the calendar year are subject to the enforcement procedures and penalties provided in section 103-3 this Code.
(e)   An exception to subsection (b) exists for special events, parades, and similar activities where a right-of-way use or other applicable permit is in effect for the activity.
(Code 1975, § 28-210; G.O. 58, 1997, § 1)


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mooney



Joined: 07 Sep 2009
Posts: 10
Location: South Central Pennsylvania

PostPosted: Fri Oct 23, 2009 7:23 am    Post subject: Reply with quote

So do you think it would be enforced if you were just out for exercise and pumping/pushing in a reasonable way vs jumping off of benches and curbs, etc.? What's the difference between someone riding a bike vs. a skateboard for transportation or exercise.

I think Pumping is an exception that needs to be taken into consideration when making these laws up.
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G- Dub



Joined: 07 Oct 2009
Posts: 41
Location: Indianapolis, Indiana

PostPosted: Fri Oct 23, 2009 7:34 am    Post subject: Reply with quote

Well, I can tell you from personal experience they enforce it upon longboarding/pumping. I was commuting from home to class downtown and went in between one of the forbidden zones mentioned. The police officer pulled me over and made me get off threatening a fine and confiscation of my board.
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LDPanda



Joined: 21 Nov 2008
Posts: 418
Location: Seattle, WA

PostPosted: Fri Oct 23, 2009 10:13 am    Post subject: Reply with quote

As for confiscation of your board, i see nothing in those statues that allows him (or her) to do so. Not that i would suggest back-talking to an officer, but if one does ever take your board, they can only do so temporarily. Taking it permanently would be tantamount to stealing it and you would probably have a decent civil case. The longest term I could concieve of is a few weeks if they decided to "hold it for evidentiary purposes" but even then they would be required by law to return it eventually.

These laws as written are incredibly restrictive. If I lived in this area i would take a day and snap off some pictures of kids on scooters, trikes, kids toys, etc. The way this law reads, all of those devices are illegal anywhere on public property (streets OR sidewalks) within those boundaries. You cant even set it down on the sidewalk, much less ride it. If you could prove that enforcement of these laws is biased and that they are ticketing skateboarders while letting scooters and the like pass by, you might have a chance at repealing the statutes (or pissing off kids on scooters, both beneficial imo).
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JeffVyain



Joined: 20 Aug 2009
Posts: 59
Location: Indianapolis, IN

PostPosted: Fri Oct 23, 2009 4:09 pm    Post subject: Reply with quote

I get stopped periodically in the city and I make an effort to tell the officer that what I'm riding wouldn't be considered a skateboard in the industry and that it is for transportation purposes. Most of the time I get something along the lines of "I don't have a problem with it personally, but I'm required to warn you," implying that they aren't planning on ever ticketing me for it and as soon as I'm out of sight I can get right back on my board. Sometimes I get dick cops who tell me they never want to see me on it again. I don't think I've run into the same dick cop twice yet though, so I haven't been fined. The law is stupid, and I'll be happy to put forth any effort to help whoever needs to see the light see it.
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pavedwave



Joined: 22 Oct 2007
Posts: 1120
Location: seattle wa usa

PostPosted: Mon Nov 16, 2009 7:03 am    Post subject: Reply with quote

mooney wrote:
So do you think it would be enforced if you were just out for exercise and pumping/pushing in a reasonable way vs jumping off of benches and curbs, etc.? What's the difference between someone riding a bike vs. a skateboard for transportation or exercise.

I think Pumping is an exception that needs to be taken into consideration when making these laws up.

This is the key to getting the laws changed.  Looking back at WHEN many anti-skateboarding laws were established, its often the 70's when nobody wore helmets or pads and kids were starting to get maimed or killed in numbers-- and we didn't have an internet to yak about it.    All it took were pockets of "concerned citizens" to demonize skateboarding at a town hall meeting and outlaw it.   Besides the fact that the pool of skateboarders in the "upper years" was not anything like it is today, so the legal distinction of making it a "toy" was far more obvious.    

So many of these laws are OLD, and this in itself is a good starting point for discussion when presenting the current state of skateboarding.  

Same holds true now -- the only way to really get things pulled back in our favor is to make town hall meetings and represent modern-day skateboarding including its evolution.   Pumping, cruising, commuting, these things have a huge potential to be "legalized" -- and we should realisticallly never expect things like recreational sliding, hill bombing, etc., to be, and to not highlight those aspects when we're talking to the right people. 

What skateboarders need to do is be pragmatic about expectations, and try to get "commuting by skateboard" legalized first.
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G- Dub



Joined: 07 Oct 2009
Posts: 41
Location: Indianapolis, Indiana

PostPosted: Tue Nov 17, 2009 2:26 pm    Post subject: Reply with quote

I actually know one of our city-council members. He is willing to entertain introducing legislation making it legal. All he has asked us to do is make a video explaining what the longboard is and how it's different. Jeff and I are going to be working on the video this friday. I'll keep you guys posted on the results of our efforts.


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