Go Back  Bike Forums > Bike Forums > Advocacy & Safety
Reload this Page >

illegal to lock to a lightpost

Search
Notices
Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

illegal to lock to a lightpost

Thread Tools
 
Search this Thread
 
Old 06-03-08, 12:45 PM
  #26  
TXChick
Almost Middle-Aged Member
 
TXChick's Avatar
 
Join Date: Aug 2005
Location: NYC
Posts: 216
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
According to the second link posted above, there is no ordinance prohibiting the chaining of a bike to a lamppost in Grand Rapids, MI. In fact, it says this:
Sec. 10.140. Theft Prevention.
No person shall park a bicycle or leave a bicycle
unattended in a public place unless such bicycle is locked
or otherwise immobilized.
(Ord. No. 75-7, 1-21-75)
I think you should print out the ordinances and carry them with you in case something like that happens again.
TXChick is offline  
Old 06-03-08, 01:09 PM
  #27  
alhedges
Senior Member
 
alhedges's Avatar
 
Join Date: Mar 2008
Location: Naptown
Posts: 1,133

Bikes: NWT 24sp DD; Brompton M6R

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 3 Times in 1 Post
Originally Posted by patc
Local laws vary, but while you may have a right to remove the bike from your personal property, you may not have the right to destroy someone's property (i.e. cut the lock).
This would mean that if someone locks their bike to my porch railing, I have to leave it there forever because I'm not allowed to cut the lock. That is not how things work anywhere that I know of.

There are some limits, of course - I'm allowed to do what I need to do to restore my free enjoyment of my property, but I can't go beyond that. I.e., I can cut the lock and remove your bike, but I'm not allowed to cut the lock, lay your bike in my driveway, and repeatedly run over it.
alhedges is offline  
Old 06-03-08, 09:24 PM
  #28  
patc
Dubito ergo sum.
 
patc's Avatar
 
Join Date: Feb 2005
Location: Ottawa, ON, Canada
Posts: 1,735

Bikes: Bessie.

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
[QUOTE=alhedges;6811380]This would mean that if someone locks their bike to my porch railing, I have to leave it there forever because I'm not allowed to cut the lock. That is not how things work anywhere that I know of. /QUOTE]

"Forever" would completely change the scenario, so let's ignore that.

I can tell you that based on the legal advice our condo got from the lawyer paid to do just that, we were strongly warned to neither cut locks nor remove bikes, strollers, and other things left around. In short we must follow the same procedure we do for illegally parked cars - signed notices that they will be removed, plus reasonable attempts to contact the owner. When BOTH are done we have some legal standing to remove the bikes (or cars etc.), and even then must show we made the minimum property damage possible.

What to actually do with the bikes/whatever was something our lawyer didn't have an answer for. If we keep 'em, its theft, but there is apparently no precedent for what is a "reasonable" way to have a bike removed, as you do when you have a car towed away.

The above is for Ontario law, as best I remember from the AGM last winter.
patc is offline  
Old 06-03-08, 09:33 PM
  #29  
cudak888 
www.theheadbadge.com
 
cudak888's Avatar
 
Join Date: Sep 2005
Location: Southern Florida
Posts: 28,510

Bikes: https://www.theheadbadge.com

Mentioned: 124 Post(s)
Tagged: 0 Thread(s)
Quoted: 2420 Post(s)
Liked 4,381 Times in 2,090 Posts
Originally Posted by patc
I can tell you that based on the legal advice our condo got from the lawyer paid to do just that, we were strongly warned to neither cut locks nor remove bikes, strollers, and other things left around. In short we must follow the same procedure we do for illegally parked cars - signed notices that they will be removed, plus reasonable attempts to contact the owner. When BOTH are done we have some legal standing to remove the bikes (or cars etc.), and even then must show we made the minimum property damage possible.

What to actually do with the bikes/whatever was something our lawyer didn't have an answer for. If we keep 'em, its theft, but there is apparently no precedent for what is a "reasonable" way to have a bike removed, as you do when you have a car towed away.

The above is for Ontario law, as best I remember from the AGM last winter.
Curiously, what if the U-locks in question could be opened a-la BIC pen with no damage involved to the lock?

-Kurt
__________________












cudak888 is offline  
Old 06-03-08, 10:09 PM
  #30  
crhilton
Senior Member
 
Join Date: Jan 2008
Location: Boston
Posts: 4,556
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 1 Time in 1 Post
Originally Posted by StrangeWill
Why should it be? You shouldn't be able to just chain your bike up wherever you want to in the interests of encouraging cycling.
Most places around here (not where the OP lives) light posts are the only place to lock your bike. The other option is truly obnoxious: Cart holders and hand rails along walkways. The light posts are in islands in the parking lot, unless there happens to be another utility cyclist going to the same store you can't possibly put anyone out.

I suppose these aren't street lights. But, if you're visiting your friends house... Or maybe someone you don't know terribly well, a street light is another good place to lock up with minimal offense.

There's a complete lack of a system of where to park your bike. It really sucks.
crhilton is offline  
Old 06-04-08, 11:03 AM
  #31  
alhedges
Senior Member
 
alhedges's Avatar
 
Join Date: Mar 2008
Location: Naptown
Posts: 1,133

Bikes: NWT 24sp DD; Brompton M6R

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 3 Times in 1 Post
In short we must follow the same procedure we do for illegally parked cars - signed notices that they will be removed, plus reasonable attempts to contact the owner. When BOTH are done we have some legal standing to remove the bikes (or cars etc.), and even then must show we made the minimum property damage possible.
I don't disagree with the opinion, but note that the lawyer's primary concern is *notice* to the offending parkers (which I mentioned in my first post and which seemed not to be an issue in Whole Foods situation, since they provided specific notice that locking bikes to trees was prohibited - having done so, they are well within their rights to do whatever is necessary to remove the bikes).

What a business can't do, of course, is decide that it won't permit bike parking on some part of its property and, without letting anyone know about this decision, start removing bikes. (This is different from my porch, where I am happy to assume that people know they are not permitted to park).

There are usually specific laws that you need to follow concerning abandoned automobiles.
alhedges is offline  
Old 06-04-08, 05:14 PM
  #32  
Sledbikes
Senior Member
 
Sledbikes's Avatar
 
Join Date: Feb 2005
Posts: 539
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 1 Time in 1 Post
if theres a rack lock it there around here they put their own lock and make you pay 20 to get it off. it doesnt bother me since i rarely lock my bikes on racks
Sledbikes is offline  
Old 06-04-08, 08:41 PM
  #33  
patc
Dubito ergo sum.
 
patc's Avatar
 
Join Date: Feb 2005
Location: Ottawa, ON, Canada
Posts: 1,735

Bikes: Bessie.

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by cudak888
Curiously, what if the U-locks in question could be opened a-la BIC pen with no damage involved to the lock?

-Kurt
Good questions! I'm not a lawyer, but I would guess that would remove any property damage issues... still have the theft issue, though.
patc is offline  
Old 06-04-08, 08:42 PM
  #34  
patc
Dubito ergo sum.
 
patc's Avatar
 
Join Date: Feb 2005
Location: Ottawa, ON, Canada
Posts: 1,735

Bikes: Bessie.

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by alhedges
I don't disagree with the opinion, but note that the lawyer's primary concern is *notice* to the offending parkers (which I mentioned in my first post and which seemed not to be an issue in Whole Foods situation, since they provided specific notice that locking bikes to trees was prohibited - having done so, they are well within their rights to do whatever is necessary to remove the bikes).

What a business can't do, of course, is decide that it won't permit bike parking on some part of its property and, without letting anyone know about this decision, start removing bikes. (This is different from my porch, where I am happy to assume that people know they are not permitted to park).

There are usually specific laws that you need to follow concerning abandoned automobiles.
Notice PLUS attempt to contact the owner - must be both. There is also a world of difference between "parked/locked where it should not be" and "abandoned".
patc is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.