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Summons for riding bike on sidewalk, thoughts?

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    1. User has not uploaded an avatar
      wonderchimp5

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      I was coming home from a late dinner with my girlfriend friday night. She was walking, i was on my bike beside her (riding very very slowly at her pace) when a group of police officers on the corner of Nostrand and Prospect Pl. demanded i get off, offer ID, etc.

      I was then promptly written a ticket without any explanation about breaking a "no bikes on sidewalks" law until after the ticket was written.

      meanwhile drug deals are going on on the corners across the street. People are riding motorcycles up and down the block with no helmets.

      I was one block away from my house, I asked for a warning, was polite, etc....

      what are your thoughts? warranted, or a little excessive?
    2. stacey
      stacey

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      Extremely excessive and unfortunately very common lately. Be lucky you had no outstanding tickets otherwise you would have been arrested. Sorry it happened to you.
    3. whynot_31
      whynot_31

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      Skip to page 4 of this thread (Feb 22nd) for discusssion of someone else's experience and the responses we (aka "the peanut gallery") provided.

      http://www.brooklynian.com/forums/viewtopic.php?t=55256&postdays=0&postorder=asc&start=135
      For better or worse, the change on Nostrand is going to make the change on Franklin look minor.
    4. I agree with most people in that thread... good link.

      It's a probably a dick move by the cop, but if you're caught, you're caught.

      I occasionally ride on the sidewalk for 1/2 a block or less, usually from my front door to the curb cut next door, or at work to lock up, and I am always aware that one day a cop with nothing better to do is going to write me a ticket for riding 200 feet, slowly, on an unoccupied sidewalk.

      I'm sorry to hear this happened.
      Spend a buck, light a number for one the 400,000 victims in Darfur: darfurwall.org
    5. mha
      MHA

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      Listen dude, this is the new black. They will even give you a ticket for not having a helmet; you can get a ticket for having your bag beside you on an otherwise empty train. The city is broke, and the cops are in full effect to ticket for almost anything.
    6. homeowner
      homeowner

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      As I've explained to my significant other, folks that look like 1) law abiding citizens who will 2)pay tickets rather than go to court are the official low hanging fruit of community policing. So while the guys are standing on the corner of Park and Nostrand executing drug deals, and the rastas are illegally squatting in a the building across the street, the police will walk past them to ticket motorists at the light with no seatbelts and cars double parking (stopping) to unload passengers and materials. I've seen both and remain amazed that the cops can actually keep a straight face while doing it.

      But the fact remains its easier to write a ticket for violations on someone who doesn't look like they'll have any other warrants (ie. paperwork for police) than to stop actual FELONIES from occurring.
    7. mha
      MHA

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      Agreed homeowner. Agreed!
    8. armchair_warrior
      armchair_warrior

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      cops are huge lazy assholes, they rather go after the easy stuff than the real crimes. they rather piss off the tax paying public. only reason i stop doing van deliveries is cops.

      talk about lazy cops, once i was waiting for clients. i got ticketed while some gang members were dealing right in front of them LOL.
      Fight white guilt and injustice by smoking tax free guilt free Reservation Smokes or go gamble in a Native Casino.
      I like to stick it to The Man, The Man happens to be Liberal in NYC(power Structure).
    9. mha
      MHA

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      I would recommend that you ask the police officer for his badge number and his precinct. Also, I would recommend that you don't pay the ticket and fight it to kingdom come. Tell the court that you were not on your bicycle, that you were walking it. To hell with them. Also, make a public statement about the chaos the cops ignore to give you a bullshit ticket just so that they can make quota.
    10. cool the kid
      Cool The Kid

      We out this mother effer
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      U got caught bro

      Have to think whether a day in court is worth your time
      [
      Mamacita said:
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    11. mantic
      mantic

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      Don't do the crime, if you can't do the time.

      As mentioned, its 1. Money Grab 2. Ghetto Census.

      These types of offenses don't get counted in crime stats.

      Drug dealing et al does.

      Gotta keep those numbers low.

      Reference the excellent series in the village voice, the police tapes.

      You get the big picture when your done.

      If this is your first summons and have a clean record, they will offer you an ACD. Otherwise you get fine. If you want to fight it, be prepared to spend all day and then some in court. On your appearance date, get there early to get a good spot on line.

      Welcome to Amerikkka
      Everything you believe to be true, is a lie.
    12. mr. met
      mr. met

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      this is total bullshit. cops should be embarrassed.
    13. User has not uploaded an avatar
      avocado

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      As we learned from The Village Voice in Rayman's "The NYPD Tapes: Inside Bed-Stuy's 81st Precinct", it's all about the numbers baby (http://www.villagevoice.com/2010-05-04/news/the-nypd-tapes-inside-bed-stuy-s-81st-precinct/).

      New York City Administrative Code 19-176: Bicycle operation on sidewalks prohibited.

      b. No person shall ride a bicycle upon any sidewalk unless permitted

      by an official sign. A person who violates this subdivision may be

      issued a notice of violation and shall be liable for a civil penalty of

      not more than one hundred dollars which may be recovered in a proceeding

      before the environmental control board.

      Tickets for riding on the sidewalk fall under the jurisdiction of the Environmental Control Board (ECB). If you are given a ticket or summons that requires you to appear in criminal court instead, you might be able to get the ticket thrown out for lack of jurisdiction.

      Also, take a look at the New York City Traffic Rules. Another approach might be to make the case that cycling on the sidewalk was reasonably necessary to avoid conditions that would have made it unsafe to continue within a designated bicycle path or lane.

      This happened to me in Bed-Stuy a couple of years ago. I went to court, looked professional, and laughed at all the judge's jokes. He through the case out before I even had the chance to speak. That said, I'm also a white lady under the age of 25, who at the time was new to the city and had never had any prior encounters with the po-po (not even a traffic ticket!).
    14. king without a crown
      King without a crown

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      Figured I may as well chime in here and I love all the positive feedback and Armchair your choice of words was quite eloquent. Now as for the summons, you admitted that you were riding your bike on the sidewalk so I don't really know what your defense would be. This discussion reminds me of when the underpriveledged whiteboy got a summons for drinking a beer on the roof resulting in his panties getting in a knot.
    15. armchair_warrior
      armchair_warrior

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      okay fine not all cops are lazy assholes :p. just some jerk offs who make all hard working cops look bad too.

      I just got sick of the lazy useless ones.
      Fight white guilt and injustice by smoking tax free guilt free Reservation Smokes or go gamble in a Native Casino.
      I like to stick it to The Man, The Man happens to be Liberal in NYC(power Structure).
    16. User has not uploaded an avatar
      independent mind

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      That is completely ridiculous, and you should be outraged. What a waste of our city resources. Sometimes I wonder why I even pay taxes....
    17. bobmarvin
      BobMarvin

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      If you're over 12 years old you're too old to ride on the sidewalk. Too bad about the summons, but you should know better (and you should be ashamed of yourself for such dumb anti-social behavior).
    18. king without a crown
      King without a crown

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      Riding a bike on the sidewalk is dangerous, riding a bike in the street is dangerous, riding a bike period is dangerous. However, sidewalks are for pedestrians and Nostrand ave is quite congested and really isn't a place for bicyclists. The whole discretion thing is another argument and Police Officers aren't required to excercise it. With all the illegal activity on Nostrand and Franklin ave theres gonna be little tolerance especially with a new batch of Cops assigned to the Precinct hittin da streets!
    19. User has not uploaded an avatar
      independent mind

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      come on people he wasn't speeding down the sidewalk, was he? He was riding alongside some girl. But accepting that there are instances where it can be dangerous and thus shouldn't be practice, why didn't the cops simply warn him, wouldn't that have been enough? Why do they need to clog up our courts with this nonsense. Silliness.
    20. bobmarvin
      BobMarvin

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      I agree that the summons was overkill but an adult riding a bike on the sidewalk is telling the world that it's a toy, rather than a serious means of transport. [And, of course, it's also dangerous--I've come close several times to being hit by a**hole cyclists riding on the sidewalk] The OP should have had enough sense to be ashamed of himself instead of complaining here.
    21. king without a crown
      King without a crown

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      The speed at which one rides a bicycle on the sidewalk isn't really a valid argument, thats like saying if a guy drives his car along the sidewalk thats OK too as long as he drives slow?
    22. xlizellx
      xlizellx

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      Sorry to hear it happened to you -- but I'm glad the police are going after bikes on the sidewalk. I HATE that when walking on the sidewalk I have to jump out of the way for people on bikes. I know you say you were going the pace of someone walking, but you're still making someone else move out of your way. Just follow the rules! (also...riding the slowly is tough. wouldn't it have been easier to just walk the bike anyway?)
    23. cool the kid
      Cool The Kid

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      independent mind » come on people he wasn't speeding down the sidewalk, was he? He was riding alongside some girl. But accepting that there are instances where it can be dangerous and thus shouldn't be practice, why didn't the cops simply warn him, wouldn't that have been enough? Why do they need to clog up our courts with this nonsense. Silliness.

      The law is the law. It's a dumb law, but it's the law. If dude has a prob with that he should take it up with his local rep or w/e, not the cops
      [
      Mamacita said:
      I <3 CTK
    24. User has not uploaded an avatar
      spnder

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      Gotta side with KWAC here. I was stopped for riding on the sidewalk a while back and thankfully got let off with a warning. Meanwhile my roomate and a coworker were stopped and given tickets within days of each other. I got lucky. Just because a law is seldom enforced doesn't mean you get to bellyache about it when it does. You know it's wrong. You should also know that this is one of the things the rookie cops are being told to go after.

      I'm more interested in KWAC's take on discretion. Sure you can ticket someone for this, but it's hard to swallow when there's other blatant crimes going on nearby in broad daylight.
    25. king without a crown
      King without a crown

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      Subject: Re: Summons for riding bike on sidewalk, thoughts?

      wonderchimp5 » I was coming home from a late dinner with my girlfriend friday night. She was walking, i was on my bike beside her (riding very very slowly at her pace) when a group of police officers on the corner of Nostrand and Prospect Pl. demanded i get off, offer ID, etc.

      I was then promptly written a ticket without any explanation about breaking a "no bikes on sidewalks" law until after the ticket was written.

      meanwhile drug deals are going on on the corners across the street. People are riding motorcycles up and down the block with no helmets.

      I was one block away from my house, I asked for a warning, was polite, etc....

      what are your thoughts? warranted, or a little excessive?

      Do you think Police don't Arrest drug dealers? I find it funny that when someone gets caught breaking the Law they're often quick to point out that someone else is also breaking the Law too. Police enforce all Laws, so what might seem like a minor offense to you, actually is quite big to some.
    26. king without a crown
      King without a crown

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      And with that, I am no longer Bruce Ratners Love Child and am now a Ninja.
    27. homeowner
      homeowner

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      The irony of this is the little 7-8 year old boy who has almost run me over twice on that corner on his pocket rocket which he rides on the sidewalk of Park and around the corner up Nostrand with impunity.

      He, however, does wear a helmet when he rides.
    28. whynot_31
      whynot_31

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      ah, don't forget about the guys I still see occasionally on Pacific between Franklin and Ralph on ATVs.

      http://www.google.com/images?hl=en&source=imghp&q=atvs&gbv=2&aq=f&aqi=g10&aql=&oq=&gs_rfai=

      (I admit, they are not on the sidewalk. They are on the street)
      For better or worse, the change on Nostrand is going to make the change on Franklin look minor.
    29. paraderest
      ParadeRest

      Town Sheriff
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      I guess everybody forgot about the "bicycle bandit" that just a few months ago was stealing phones right out of peoples hands while he rode down the sidewalk. I guess it would be okay for the officers to write a summons to somebody who "looks" like he might be about to committ a crime but not to somebody who looks "innocent".
      And that's the way it is.
    30. User has not uploaded an avatar
      independent mind

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      Wow, in fact, now I recall that last summer--in fact it was the reason i signed on to brooklynian--I saw a lady get mugged by a dude on a bicycle right in front of me. Right in front of BMA--I wonder if this is why they enforce ticketing so heavily in this area. Maybe its a tactic that if they cast a wide enough net they will eventually catch the thieves. Hadn't thought of that.

      But, for the record, there are people who really have no idea it is illegal to ride on the sidewalk--I didn't know that until a year ago. And it would have completely sucked to have found out by a ticket.

      IN fact--is it illegal in all cities, or just nyc? Does anyone know?
    31. eastbloc
      eastbloc

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      Cool The Kid » U got caught bro

      How profound.

      Cool The Kid » 

      Have to think whether a day in court is worth your time

      That's the whole point of a summons, and why it's more irritating than a ticket. You HAVE to go to court.

      On the bright side, there's a good chance the case will be dismissed before you even see a judge, as happened to me.

      Basically, the whole thing is bullshit, nothing more than police harassment, and the courts know it. Out of the whole line of people I was standing in while waiting for my hearing, most of them were simply informed that the cases were dismissed upon judicial review. No reason was provided.
    32. eastbloc
      eastbloc

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      ParadeRest » I guess everybody forgot about the "bicycle bandit" that just a few months ago was stealing phones right out of peoples hands while he rode down the sidewalk. I guess it would be okay for the officers to write a summons to somebody who "looks" like he might be about to committ a crime but not to somebody who looks "innocent".

      This rationalization would make a bit more sense if the stop was used as probable cause for a frisk, a check for stolen property, etc.

      Making such a stop just to write a summons, particularly where there was no public safety issue, is either just being a dick, an lazy cop's way to meet quotas, or both.

      The police have no bigger advocate than me, which is part of the reason it's infuriating for me to see them behave in this way.
    33. rosweed
      rosweed

      this too shall pass
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      Homeowner - A+ for your first post. I am SO sick of the assholes who ride their motorcycles around here. They gun their engines to see how many car alarms they can set off. They do this many times a day and these guys aren't kids - they're in their 30s and 40s. The cops on the corner don't do a damn thing about them and the other jerks who ride their unlicensed motorbikes, no helmets, going the wrong way, on the sidewalks, half a block from where the cops usually stand.

      Don't get me started on the "businesses" around here that blast their shitty music onto the street.

      wondechimp5 - Sorry you got busted, man, but it is the law. If you have legitimate grounds, then go and fight it. But, I agree, it is an easy, no effort ticket to write when the cops don't have to even move.
      Take the u out of neighbour.
    34. king without a crown
      King without a crown

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      Being on the recieving end of a summons is never a nice thing, however, part of being a Police Officer requires Cops to enforce the Law no matter how big or small and sometimes issue a summons to the offender. Believe me, if Officers had it their way, 99% of them would never write a summons. I'm not sure why the officer issuing a summons needs his actions to be rationalized or justified. It's quite simple, if you break the Law, theres a good chance you might get Arrested or Summonsed. If you think the Law is silly than contact you local politicians and try to get the Law repealed, until then, Stay Off the sidewalks when riding your bike!
    35. King without a crown » Being on the recieving end of a summons is never a nice thing, however, part of being a Police Officer requires Cops to enforce the Law no matter how big or small and sometimes issue a summons to the offender. Believe me, if Officers had it their way, 99% of them would never write a summons. I'm not sure why the officer issuing a summons needs his actions to be rationalized or justified. It's quite simple, if you break the Law, theres a good chance you might get Arrested or Summonsed. If you think the Law is silly than contact you local politicians and try to get the Law repealed, until then, Stay Off the sidewalks when riding your bike!

      Interesting that you say police officers must enforce the law. I've complained five times about tractor/trailers parked illegally over night on Bergen Street bet. Troy and Schenectady, yet no violations have been issued. When I asked a police officer sitting in her car on the block, her response was "hey, we've got bigger problems to deal with around here"

      So much for mandatory enforcement.
    36. User has not uploaded an avatar
      wonderchimp5

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      a couple of things...

      I was on the sidewalk, plain and simple. I was not aware of this law, but sometimes this kinda shit happens, and you just pay the ticket. EXCEPT....i can't just pay it, i have to take a day off work and go to court...that is ridiculous, especially considering the conditions (in my opinion)

      I am kicking myself now because i had walked the bike on the sidewalk for the last 5 blocks (remember i was walking beside my girlfriend who was on foot) and about 30 feet before i reached nostrand (i was on that deserted stretch of prospect btwn rogers and nostrand where there is a huge empty lot) for whatever reason i just hopped on my bike to coast the rest of the way down the hill (at a very slow pace)

      So the cops saw me walking it, then saw me get on and decided it was better to write a ticket, then to instruct me that i was in the wrong and to get off my bike.

      I agree with whoever said this kind of stuff is for stats. because if it really was about a thief on bikes, etc. why not just run my info through the system and once i clear, let me go?

      anyway, lesson learned. If anyone else is in court on sept. 8th, i will be the dude with a 3 piece suit, and an accordion file full of ny bike law facts.

      also, i found this law...what do you think:

      —AC 19-176 - Riding bicycles on sidewalks is prohibited. Bicycles may be confiscated.

      NOTE: Tickets for riding on the sidewalk fall under the jurisdiction of the Environmental Control Board (ECB). If you are given a ticket or summons that requires you to appear in criminal court instead, you should be able to get the ticket thrown out for lack of jurisdiction.
    37. eastbloc
      eastbloc

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      wonderchimp5 » 

      anyway, lesson learned. If anyone else is in court on sept. 8th, i will be the dude with a 3 piece suit, and an accordion file full of ny bike law facts.

      also, i found this law...what do you think:

      —AC 19-176 - Riding bicycles on sidewalks is prohibited. Bicycles may be confiscated.

      NOTE: Tickets for riding on the sidewalk fall under the jurisdiction of the Environmental Control Board (ECB). If you are given a ticket or summons that requires you to appear in criminal court instead, you should be able to get the ticket thrown out for lack of jurisdiction.

      It's BS. The criminal court is responsible for hearing these cases in NYC, as with any other violation.

      Don't waste your time preparing for the case, looking like a monkey in a suit in the court, or stressing out about this at all. Odds are the conclusion will be very anticlimactic, with the case being dismissed before you even get to the court.

      In fact, one thing I would do is CALL before you bother going to the court and inquire about the status of your case, since the case could very well have been squashed in a routine review as mine was, but there is no process to inform the summonsed that this has happened without them either showing up at court on the prescribed day or calling the clerk to ask about it ahead of time.

      In the seemingly unlikely event you DO make it in front of a magistrate, they'll probably give you the warning the cops should have done in the first place and hand you a conditional discharge. In the worst case, you'll receive a $100 fine.

      By the way, the cops in my case seemed to be aware of what was going to happen; they said "the judge will probably just dismiss it anyway." So the pointlessness of this exercise and the general waste of citizens' time and taxpayers' money is truly Kafkaesque.
    38. I was issued a violation for riding my bike on the sidewalk over 2 years ago, so this is nothing new. I was the only defendent on this charge over 20 in the court . The judge just smiled when he saw me and asked what I was doing there. He dismissed the charge but I had to pay close to $100 in mandatory court fees imposed by the state.
    39. User has not uploaded an avatar
      wonderchimp5

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      hold on. even if you are found innocent you have to pay court fees? does anyone else know about this?
    40. User has not uploaded an avatar
      daveinbedstuy

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      Loser. get a life.
    41. paraderest
      ParadeRest

      Town Sheriff
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      Keep in mind it's also a violation while riding a bicycle to...disobey a steady red light, ride the wrong way on a one way street, ride on the wrong side of a two way street and fail to use a bike lane. Bicycles are required to have proper lights at night and a bell/horn at all times. Pedestrians should also be aware that is a violation to cross the street when a do not walk sign is illuminated and it's illegal to cross the street if the light is flashing and you are not already in the crosswalk. It is illegal to cross at a point other than an intersection and to walk in the street when a sidewalk is availabe. It's a violation to spit on the sidewalk and to litter (even just throwing a cigarette butt on the sidewalk or street).

      No more excuses.
      And that's the way it is.
    42. User has not uploaded an avatar
      daveinbedstuy

      what am I, new?
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      And stay off the friggin sidewalk with the goddam bike.
    43. User has not uploaded an avatar
      wonderchimp5

      rookie newb
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      why do forums bring out the asshole in everyone?
    44. daveinbedstuy » Loser. get a life.

      No name calling please, thanks.

      -Mods

      daveinbedstuy » And stay off the friggin sidewalk with the goddam bike.

      Stay out of the friggin bike lanes with your goddamn cars and pedestrians.
      Spend a buck, light a number for one the 400,000 victims in Darfur: darfurwall.org
    45. xlizellx
      xlizellx

      rocking it
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      You made Brownstoner

      http://www.brownstoner.com/brownstoner/archives/2010/07/man_riding_bike.php

      Thanks, Parade Rest for the list of things to do -- I am a new NYC bike rider and am very concerned about meeting all of the requirements because it's for everyone's safety - but it's crazy how many people don't follow simple rules (especially the red light and one-way street rules!!)
    46. Parade Rest, is it illegal or a violation to park a commercial vehicle overnight on a public street?
    47. User has not uploaded an avatar
      daveinbedstuy

      what am I, new?
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      This isn't about bike lanes, boygabriel. Reading comprehension?????
    48. User has not uploaded an avatar
      daveinbedstuy

      what am I, new?
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      Capt. Planet...yes, it is.
    49. daveinbedstuy » This isn't about bike lanes, boygabriel. Reading comprehension?????

      Excellent use of excessive question marks.

      It most certainly is about bike lanes. It's about uniform enforcement of minor traffic and pedestrian laws. It's about what cops choose to ticket and deem most worthy of their limited resources of time and attention.
      Spend a buck, light a number for one the 400,000 victims in Darfur: darfurwall.org
    50. User has not uploaded an avatar
      smeyer418

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      MHA » Listen dude, this is the new black. They will even give you a ticket for not having a helmet; you can get a ticket for having your bag beside you on an otherwise empty train. The city is broke, and the cops are in full effect to ticket for almost anything.

      NY doesn't have a bike helmet law for adults(there is one for Motorcycles and children under 16)....TA is against such a law.

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