Tuesday May 21

Laws

Laws change.

Courts define the words in statutes when a person brings a case. Also, the legislature can change the words in statutes. You will see, "last updated date" on the top of a law, if the law hasn't been updated for a while on this site, check the Arizona Revised Statutes, to find out what the current law says.

Emancipation

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The Arizona Legislature passed a new law that went into effect on August 12, 2005 and allows minors to be emancipated. The law can be found at A.R.S. §§ 12-2451 through 12-2456. However, emancipation is a very difficult process that few are eligible for. Youth can be emancipated if they meet the following criteria:

 

  • At least 16
  • An Arizona resident
  • Financially self-sufficient.
  • Acknowledges in writing that they have read and understand the rights and obligations of emancipation
  • The Glossary Link minor is not ward of the court or in the state's custody.

 


Minor must demonstrate to the court the ability to:

 

  • Manage financial, personal and social affairs.
  • Live wholly independent of parent or guardian.
  • Obtain or maintain health care, education, training or employment.

 

Documentation-- the minor must provide at least one (1) of the following:

 

  • Documentation of the minor's independent living for at least three consecutive months.
  • Statement explaining why the minor believes the home of the parent or legal guardian is unsafe.
  • A notarized statement of written consent from the parent or guardian in addition to an explanation by the parent or guardian.

 

Court Process

 

  • The court has up to 90 days to hear the emancipation request.
  • Minor may represent themself or be represented by an Glossary Link attorney.
  • The court may appoint a Glossary Link lawyer for the minor.
  • At least 2 months before the hearing, the court must notify the minor's parents.
  • The parents have up to 30 days to object to the emancipation.
  • The parents may request mediation or the court may order mediation.

 

Basis for Court decision

 

  • Potential risks and consequences of emancipation.
  • The wishes of the minor.
  • Opinions and recommendations of the minor's parents or guardian.
  • Financial resources of the minor and the minor's ability to be financially self-sufficient.
  • The employment, education and criminal history of the minor.

 

Rights of Emancipated Minors -- An emancipated minor is entitled to:

 

  • Enter a contract.
  • Sue and be sued.
  • Buy and sell real property.
  • Establish legal residence.
  • Pay child support.
  • Incur debts.
  • Apply for social services.
  • Obtain a job-related license.
  • Apply for school.
  • Apply for loans.
  • Access medical treatment and records.
  • Consent to medical treatment.
  • A driver's license or non-operating license with the words: Emancipated Minor.

 

 

Motorized Scooters Banned

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New regulation:

Applies to any "motorized vehicle that is self-propelled by a motor or engine," whether it be gas or electric, and can reach the speed of up to 50 mph, are banned on any kind of public land - that includes parks and alleys - and can only be used on private property with the written consent of the owner… according to the ordinance

 

Those who violate the rules will be subject to a traffic Glossary Link citation, just as drivers who speed or fail to yield at a stoplight are. And parents whose children are cited are just as liable - even if they didn't know their kids were using the skateboards in an inappropriate manner, or place.

 

 

See also: MOTORIZED SKATEBOARDS for more information about motorized skateboards.

Motorized Skateboards

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Motorized skateboard use is primarily covered by city laws. In general, city laws require riders to be at least 14 years old, follow traffic signs and rules and wear a helmet while riding a motorized skateboard.
The Phoenix City Council approved a ban on ALL motorized skateboards, scooters and motorized play vehicles. They cannot be operated on public right of ways, including ALL streets and sidewalks.
No person can operate a toy vehicle (less than 5 horsepower) on city streets (Section 19-23). Tempe City codes also state that no person other than the owner of the motorized skateboard is authorized to ride it and that no passengers are allowed on it.
· Prohibits the operation of any motorized skateboard by any person under 14
· requires children 14 and over to carry a consent form signed by their parents at all times while riding it
· restricts the operation of motorized skateboards on city streets to daylight hours (not before 7 am and not after 8pm)
· restricts the speed of motorized skateboards to 25 miles per hour
· prohibits carrying of passengers when the motorized skateboard is in motion
· prohibits riding a motorized skateboard in a crosswalk
· prohibits the operators of motorized skateboards from causing excessive noise
· requires all motorized skateboard operators under 18 years old to wear helmets
· Violation of this city law is a class 1 misdemeanor punishable by a fine up to $2500 and six months in jail.
· Parental permission form is required to be carried at all times by children riding motorized skateboards.
· Children under 14 are prohibited from riding motorized skateboards.
· Prohibits riding motorized skateboards on sidewalks and on any private property where owners prohibit it.
· Motorized skateboards cannot go on roads with speed limits over 30 miles per hour and can only be operated from 7am to 8pm.
· Users cannot carry fuel or any other packages while riding it, nor alter the fuel system by adding fuel packs.
· Mesa also requires motorized skateboard riders under 18 to wear a helmet, shoes (no sandals!) and goggles.
· Violations can result in a fine of up to $300.
Check with your local police department to find out about laws concerning motorized skateboards in your community.

Motorized Skateboards

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Motorized skateboard use is primarily covered by city laws. In general, city laws require riders to be at least 14 years old, follow traffic signs and rules and wear a helmet while riding a motorized skateboard.
The Phoenix City Council approved a ban on ALL motorized skateboards, scooters and motorized play vehicles. They cannot be operated on public right of ways, including ALL streets and sidewalks.
No person can operate a toy vehicle (less than 5 horsepower) on city streets (Section 19-23). Tempe City codes also state that no person other than the owner of the motorized skateboard is authorized to ride it and that no passengers are allowed on it.
· Prohibits the operation of any motorized skateboard by any person under 14
· requires children 14 and over to carry a consent form signed by their parents at all times while riding it
· restricts the operation of motorized skateboards on city streets to daylight hours (not before 7 am and not after 8pm)
· restricts the speed of motorized skateboards to 25 miles per hour
· prohibits carrying of passengers when the motorized skateboard is in motion
· prohibits riding a motorized skateboard in a crosswalk
· prohibits the operators of motorized skateboards from causing excessive noise
· requires all motorized skateboard operators under 18 years old to wear helmets
· Violation of this city law is a class 1 misdemeanor punishable by a fine up to $2500 and six months in jail.
· Parental permission form is required to be carried at all times by children riding motorized skateboards.
· Children under 14 are prohibited from riding motorized skateboards.
· Prohibits riding motorized skateboards on sidewalks and on any private property where owners prohibit it.
· Motorized skateboards cannot go on roads with speed limits over 30 miles per hour and can only be operated from 7am to 8pm.
· Users cannot carry fuel or any other packages while riding it, nor alter the fuel system by adding fuel packs.
· Mesa also requires motorized skateboard riders under 18 to wear a helmet, shoes (no sandles!) and goggles.
· Violations can result in a fine of up to $300.
Check with your local police department to find out about laws concerning motorized skateboards in your community.

Possession of Alcohol

Driving
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Is is against the law for a person under the legal drinking age (which is 21) to buy, receive, have in possession, or consume alcohol.(ARS 4-244).

If you have or use alcohol when you are under the age of 21, you may be put on probation, have your driving privileges suspended, or pay fines or damages.

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