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Summons for riding bike on sidewalk, thoughts? - Page 2 — Brooklynian

Summons for riding bike on sidewalk, thoughts?

24

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  • eastbloc
    eastbloc
    ParadeRest wrote: 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.
  • rosweed
    rosweed
    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.
  • king without a crown
    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!
  • capt. planet
    capt. planet
    King without a crown wrote: 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.
  • wonderchimp5
    wonderchimp5
    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.
  • eastbloc
    eastbloc
    wonderchimp5 wrote:
    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.
  • capt. planet
    capt. planet
    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.
  • wonderchimp5
    wonderchimp5
    hold on. even if you are found innocent you have to pay court fees? does anyone else know about this?
  • daveinbedstuy
    daveinbedstuy
    Loser. get a life.
  • paraderest
    paraderest
    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.
  • daveinbedstuy
    daveinbedstuy
    And stay off the friggin sidewalk with the goddam bike.
  • wonderchimp5
    wonderchimp5
    why do forums bring out the asshole in everyone?
  • boygabriel
    boygabriel
    daveinbedstuy wrote: Loser. get a life.
    No name calling please, thanks.

    -Mods
    daveinbedstuy wrote: And stay off the friggin sidewalk with the goddam bike.
    Stay out of the friggin bike lanes with your goddamn cars and pedestrians.
  • xlizellx
    xlizellx
    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!!)
  • capt. planet
    capt. planet
    Parade Rest, is it illegal or a violation to park a commercial vehicle overnight on a public street?
  • daveinbedstuy
    daveinbedstuy
    This isn't about bike lanes, boygabriel. Reading comprehension?????
  • daveinbedstuy
    daveinbedstuy
    Capt. Planet...yes, it is.
  • boygabriel
    boygabriel
    daveinbedstuy wrote: 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.
  • smeyer418
    smeyer418
    MHA wrote: 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.
  • smeyer418
    smeyer418
    Capt. Planet wrote: Parade Rest, is it illegal or a violation to park a commercial vehicle overnight on a public street?
    yes with some exceptions...and its enforced too...
  • smeyer418
    smeyer418
    Capt. Planet wrote: 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.
    the mandatory fees are only if you are found guilty. If it was dismissed nothing is due. More than likely he give you a conditional or unconditional discharge. Both are findings of guilt with no penalty except the mandatory fee.
  • smeyer418
    smeyer418
    all motor vehicle violations(as opposed to criminal charges like reckless driving- a misdemeanor or most alcohol related matters) are handle by the NY State Department of Motor Vehicles motor vehicle hearing officers not NY City's criminal courts. I believe these also hear bike traffic violations...although riding on the sidewalk may be a NY city admin code violation
    pedestrian violations are heard by the ecb and have a maximum fine of $2.00. I I am not sure where Bike tickets are returnable...but 97% of people killed on bikes were NOT wearing helmets
    http://www.nyc.gov/html/dot/downloads/pdf/bicyclefatalities.pdf
  • capt. planet
    capt. planet
    smeyer418 wrote: [quote=Capt. Planet]Parade Rest, is it illegal or a violation to park a commercial vehicle overnight on a public street?
    yes with some exceptions...and its enforced too...
    I don't where you are getting your information, but I have a response to a 311 complaint stating there was no violation despite ample evidence to the contrary.
  • carnivore
    carnivore
    ParadeRest wrote: 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.
    So much sound and fury over such minor offenses. And yet somehow Steve, who has been systematically destroying an important element of the quality of life for so many in the neighborhood isn't worth the NYPD's time (See the Tree Branch Breaker thread for context).

    Yes your examples are violations, and it's also a violation for NYPD officers to park their personal vehicles on the sidewalk or in other illegal spots when not on duty. And it's illegal for police cars to go through a red light without having their sirens on (while not responding to an actual call). And it's a violation for police to interfere with our First Amendment rights to take photographs in public places. And it's a violation for an officer to refuse to identify his/herself and give his/her badge number. And it's a violation for police to perjure themselves with "testilying" with bogus "resisting arrest" charges for people who piss them off. Don't play holier-than-thou. There's plenty of abuse of the law on both side of the blue line.

    No more excuses.
  • stacey
    stacey
    Capt. Planet wrote: [quote=smeyer418][quote=Capt. Planet]Parade Rest, is it illegal or a violation to park a commercial vehicle overnight on a public street?
    yes with some exceptions...and its enforced too...
    I don't where you are getting your information, but I have a response to a 311 complaint stating there was no violation despite ample evidence to the contrary.

    When my husband used to take a commercial van home overnight he was told he had to put it in the driveway because commercial vehicles parked on the street overnight are subject to ticket and tow. I don't know if that means residential streets or all streets.
  • MOD
    MOD
    Definitely on a residential street, my bro got a ticket on my res. block with his commercial truck a few years back...
  • smeyer418
    smeyer418
    and its also definitely the ECB for a sidewalk violation

    http://www.bicycledefensefund.org/bikelaw.html
  • stacey
    stacey
    smeyer418 wrote: and its also definitely the ECB for a sidewalk violation

    http://www.bicycledefensefund.org/bikelaw.html
    But the Vehicle and Traffic Law is enforced by the NYPD and it specifically states:

    VTL § 1231 Bicyclists are granted all of the rights and are subject to all of the duties of the driver of a motor vehicle

    And if I am not mistaken this also falls under the NYPD

    RCNY § 4-02 (a) The provisions of N.Y.C. Traffic Rules are applicable to bicycles and their operators.

    And if that's the case I wonder why they don't enforce these two rule more:

    RCNY § 4-08 (e)(9) It is against the law to park, stand or stop within or otherwise obstruct bike lanes.

    RCNY § 4-12(p) Other vehicles shall not drive on or across bike lanes.
  • king without a crown
    king without a crown
    Capt. Planet wrote: Parade Rest, is it illegal or a violation to park a commercial vehicle overnight on a public street?
    The Law states that you can't park a commercial vehicle on a resdiential street after 9:00pm. Sometimes Cops place summonses on tractor trailers in the rear of the truck and you'd never know there was a summons issued. Im surprised you can't find a Cop to write that one, its pretty much a groundball!!
  • nearnostrand
    nearnostrand
    xlizellx wrote: You made Brownstoner
    http://www.brownstoner.com/brownstoner/archives/2010/07/man_riding_bike.php
    Boy, what a bunch of haters on Brownstoner! (Oh, and don't mind DaveinBedStuy - he's posts regularly on Brownstoner and he has a special kind of overt charm there too.
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