Biking on the Sidewalk: Beating the Rap
“I received a summons in December for riding my bicycle on the wide sidewalk of Flatbush Avenue for one block to get to a store so I wouldn’t have to deal with the crazy traffic that runs onto Flatbush off of Grand Army Plaza. The summons was for violation of NYC Administrative Code 19-176(b) …”
“In case you ever receive a similar summons, I looked up the Administrative Code provision and it says: A person who violates this subdivision may be issued a notice of violation and shall be liable of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.“
“I went into Criminal Court … and argued to the Judicial Hearing Officer that the court did not have jurisdiction over the case because the penalty could only be recovered in a proceeding before the ECB. The judge agreed and dismissed the case.”
“If the NYPD is going to use public resources to issue these citations, they should at least follow the city’s laws in doing so. However, I am not going to be the one to tell them that they are doing it wrong.”
I will never understand why people are bicycling on the sidewalks. If it is a child I can understand it somewhat, but never adults. Don’t their mommy let them ride in the street?
The worst part is that the pedestrians have to watch out for them and not the other way around. However, I personally never move when they come my way, I’m a pedestrian and it is my sidewalk not theirs as they are riding a vehicle and vehicles belong in the street.
However, if you are cited for something stupid like this one would expect the police to issue their summonses using the correct laws.
With hopes they’re all swell,
/Lindus
People should not ride their bicycles on the narrow sidewalks of side streets. I agree. And no cyclist should be riding fast or out of control on the sidewalk.
However, a cyclist should not have to choose between risking their life on Flatbush Avenue with cars going over 40 miles an hour without a bike lane, or not riding at all. Riding slowly on the very wide sidewalk for a short distance is a reasonable way for everyone to get along and to where they are going safely.
or, if you’re a block away from your destination anyway, why not walk your bike there? 100% success rate in avoiding tickets.
Thanks for sharing this story. I was also summonsed 2 days ago for sidewalk riding. I chose to do this for safety as the unfamiliar bike lane suddenly ended leaving me to cross an irregular 3-way intersection just 100 feet from the irregular intersection off the traffic circle at Grand Army Plaza - at rush hour! I intend to also argue lack of jurisdiction and safety. Ironic because I look like a dork to many people with my day strobes, hand signals, mirrors and swivel-headed defensive driving.
It just bugs me that I have been tolerant of trucks, cabs and even passenger cars that double-park in the bike lanes, even when they inconvenience or potentially endanger cyclists. I figure they are doing their best trying to get the job done safely. But a cyclist remains on the sidewalk for a few seconds to downshift and evaluate whether or not it is safe to reenter traffic and BOOM - some donut who never got over his childhood stickball game being interrupted by a kid on a bike pounces.
I grew up near Seattle where there are many bike cops and they have a much more professional approach. Obviously than a few NYPDs could use that gig to better manage their fitness (and attitude). Instead, NYPD are on YouTube assaulting cyclists, later lying about it in court after arresting victims. WE NEED TO KEEP COMPLAINING ABOUT THIS!
Studies show:
Driver-to-cyclist MISTAKE=FATALITY for cyclist
Cyclist-to-pedestrian MISTAKE=INJURY for pedestrian
Abuse the ROAD someone will die!
Abuse the SIDEWALK someone will hurt!
Fatalities to pedestrians=drivers
Fatalities to cyclists=drivers
Sharing the ROAD with DEADLY drivers should be done by experienced or inexperience persons by CHOICE not force.
ALL HUMANS MAKE MISTAKES!
MISTAKE on SIDEWALK=INJURY
MISTAKE on ROAD=FATALITY
INJURY vs. FATALITY, CHOICE=FREEDOM