SAND LIFE LAW

Judge John: Observations on laws that affect living at the Beaches

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Like surfing, skateboarding is definitely a part of the Beaches culture and has touched us all. Skateboarding is a sport like no other. Skateboard culture has influenced fashion, music and even the way we talk.

Jacksonville will be hosting the Super Crown Street League Skateboarding World Championships the weekend of Nov. 13 in Riverfront Plaza. The sponsors acknowledge one of the reasons for holding the championship here is the existence of the world's oldest skating facility, Kona Skatepark.

There is a lot of confusion in Florida regarding the laws related to skateboarding. You will find multiple indications online that to skateboard in Florida requires a license. This is not true. However, those under the age of 16 are required by Florida law to wear a helmet, and skateboarding is restricted in many places.

Florida Statute 316.0085 provides a liability shield for governmental entities and private property owners for the risks associated with skateboarding. This has made it possible for there to be skateboard parks created in public spaces so that all can enjoy riding their boards. Judge John regularly observes this community and finds that the older skaters are very welcoming to the grommets.

In Jacksonville, while skating on public streets is not illegal (if skaters follow the traffic laws), street skating is not exactly encouraged, either. Conservatively, there are at least a hundred “No Skateboarding” signs scattered throughout the urban core. Ordinance 616.118 permits both the government and private owners to post a No Skateboarding sign, which can be enforced by the sheriff and holds parents responsible for the acts of their minors. If caught, you will receive a fine.

Jacksonville Beach Section 16-9 is actually a more robust ordinance with specific definitions. Some of the restrictions include skateboarding on any part of Beach Boulevard, Third Street or A1A, Penman Road and J. Turner Butler Boulevard, except while crossing a marked crosswalk; using any type of listening device, such as radios, headsets or headphones; obeying all applicable traffic regulations governing bicycles; and skating at night without using a reflective device. You get a warning the first time, and a fine thereafter.

Neptune Beach is currently considering a skateboard law, along with E-bikes. That law is 2021-06. 

Judge John has taken the opportunity to have “off the record” conversations with Beaches law enforcement officials. Officers understand skateboards are part of Beaches Culture. They try and handle infractions on a case-by-case basis and initially attempt to talk about issues with an offender. Their preference is for everyone to get along, but as one officer added, “Don't set up a ramp in the middle of the street.” It will be interesting to determine the impact of enforcement due to the advent of electric skateboards and similar recreational vehicles.

It is no wonder one still sees “skateboarding is not a crime” stickers. But it is only not a crime when practiced by knowledgeable and law-abiding riders. Hopefully, this article will help with some education.  Skateboarding is a healthy activity and promotes community. Judge John urges all night riders to trick their boards out with lights and reflectors so that you or your child is not injured by a driver who cannot see you. Ride radical but ride safely and in compliance with the law!

Do you have any questions of law or custom that are of particular interest to those living the Sand Life on our beautiful island? Please submit them to Judge John for consideration for a future article.  john@rocksolidlaw.com

John Miller is the special magistrate for the City of Neptune Beach. His law firm, Rock Solid Law & Title, provides expert guidance in all areas of estate planning, trust and wills, real estate, closings, title and escrow, and small business representation. 904-241-1113.