Northeast - lol...got a summon riding on the sidewalk by nypd today..

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vincentnyc
03-10-09, 09:31 PM
i never got a summon for anything in my whole life for anything except today. anyway, i bike mostly on the road, greenway, bike lane etc. and only bike on the sidewalk in rare occassion like trying to or out of my apt. building to the road etc.

so i was coming out of the greenway down a ramp and to my apt. i was on the street until 1 block from my apt. building which proceed to bike on the sidewalk with about 10 feet away from my apt. building. it was a deserted sidewalk, and a cop car suddenly pull next to me said "u are biking on sidewalk." i said my apt. building is right there and no one is on the street. he said they are trying to clamp down "quality of life and his boss may say something if his boss is watching him down the street and will get in trouble for not issueing a summon."

so he asked for my id and gave me a pink summon to appear in court. he even said the judge will probably dismissed the case once i appear in court. i was going to say something smart like "why the hell u even waste everyone time for writing a summon if the judge is gonna dismiss it?" but i kept my mouth shut.

i seen delivery guys riding on the sidewalk in front of police all the time and cops never done anything. and now that i started to google about this issue, i read alot of cops are starting to issue summons lately for bike riding on sidewalk. i dont know if it is the "cops hate bikers" culture, or that incident about that cop knocking down that guy in time sq. and now is out of his job and all nypd now are starting to hate bikers even more, or city hall need more $$$ to close their budget, or cops needing to fill their "quota" etc.

anyway what do u guys think about this? have any1 here been issue a summon lately for riding on the sidewalk?


ilmooz
03-10-09, 10:01 PM
I see people riding on the sidewalk all the time, and upon occasion I do it myself even though I know it's illegal. Even though it's rarely enforced, if for some reason an officer chose to cite me for it I know I wouldn't have a valid argument in my defense.

Do you believe you have a valid defense or are you just blowing off steam?

vincentnyc
03-10-09, 10:13 PM
not really...but i have been biking for sometimes now and never had any summons until now. dont know why cops or their "boss" are recently starting to crack down on this? i mean the 2 cops were sitting in the car, don't they have better things to do like writing double parking car in bike lanes, foot patrol, reckless drivers etc.?


ilmooz
03-10-09, 10:20 PM
I guess it depends on your individual perspective. Not that there aren't more important things to do, but ask someone who's stepped out of a storefront and been knocked on their ass by a bicyclist and they'll probably tell you issuing summons to sidewalk riders is pretty important.

A.Tsui
03-10-09, 10:47 PM
I have received a summons for riding on the sidewalk in Brooklyn. The road was under repair, so all the cyclists were riding on the sidewalk. The cops were camped out, pulling over rider after rider. I should have kept going, but I was curious what was going on. What a trap! They must have handed out 30-40 summons in one night.
Anyhow, I received my pink ticket, went to court a couple months later, and the case was dismissed because the cop never filed the summons. I would suggest writing a letter to try and get out of having to go to court. If not, the case will most likely be dismissed in person.
I think this whole summons thing is silly. It's a waste of everybody's time. It's a waste of our time, as riders, waste of time for the cops, the judges etc. If they just give us tickets for $20 a pop, the majority of riders would pay them and learn their lesson.
I'm all for keeping the peace, but having to go to court for this is total BS.

pgoat
03-10-09, 10:57 PM
I got one on Northern Blvd in Queens. I rarely ride on a sidewalk, only in short cases like you mentioned. Again, the police car was camped out and snagging people...They came after me.

I got it dismissed but I had to take a sick day to do so. I wore a suit and tie and the judge basically told me to stay out of trouble for six months, Every day I see people ride on busy sidewalks and no one does a thing about it. But a dragnet grabs me and a bunch of other saps for riding on a huge sidewalk with no one on it.

Total utter BS.:mad:

Bottom line - it's against the law, regardless of how unfairly it's enforced.
Don't do it anymore and if you can get out of it great, if not don't sweat it.

MTBLover
03-11-09, 08:33 AM
It's illegal here in Philly too, although I've never seen a cop write up a single person for it. I'm all for getting bikes off the sidewalks- we don't belong there- but why can't it be a summary offense, like a parking ticket? Seems like a total waste of everyone's resources to require a court appearance- that's just nuts.

vincentnyc
03-11-09, 08:55 AM
pgoat and a.tsui...when did u guys go to court? on the date that is written on the summon or before? my summon date is like 3 months away.

pgoat
03-11-09, 10:54 AM
I think mine took awhile too. There was just some early construction going on where I rode the sidewalk and when I went back a few weeks later to get pics, there was a new car repair/dealer there!

It actually worked better for me, tho - this business had a bunch of cars parked on the sidewalk.:mad: No ticket for them, I'll bet!

Funnily enough, I took and printed out photos to show the area I rode but the judge refused to look at them. I think the suit helped...but what was funniest was as i entered the court, people kept asking me who I was there to represent (thought I was an attorney:rolleyes:).

Also - some people swear if the cop that gave you the summons is not there you will automatically get a free pass. This was not the case for me, although I did see some people getting their tickets dismissed for whatever reason...

TiberiusBTkirk
03-11-09, 02:48 PM
haven't gotten one yet but it's only a matter of time.
I sometimes ride on the sidewalk if I felt it was too dangerous to ride with traffic,
such as a busy narrow unmaintained street that feeds into a major artery where no one has
any patience and will buzz by you forcing you into a giant pothole or drain gutter.
I've gotten a summons for bringing my bike into the subway but this was in the 80's
and one for a BB gun. same time period, if I did that now, I may be dead.
both times went to court, found guilty, paid the fine. I must say being in front of
a judge and a court is quite an intimidating experience.
good luck.

KitN
03-11-09, 04:47 PM
Riding on the sidewalk is illegal. I know, it sucks because you were near your apt but you're still breaking the law. Most likely it'll get dismissed because you were so close to your apt but that's up to the judge to decide.

Just 2 weeks ago I was fighting my way down 14th street (near Union Square). Traffic was gridlocked. I couldn't move anywhere. I pulled up to the curb, dismounted my bike and walked my bike on the sidewalk for 2 blocks. It added a few minutes to my commute but I knew I was doing the right and legal thing by not riding on the sidewalk.

Everyday, I wheel my bike out of my buildings' front door and walk my bike off the curb then mount my bike and ride. When I return, I dismount my bike on the street (at the curb) lift my front wheel up onto the curb/sidewalk and walk my bike to the front door. I do this every time I mount or dismount my bike everywhere I go, not just in and out of my apt. There literally isn't a split second, ever, that I am on my bike while still on the sidewalk.

Gotta follow the law and set a good example. :)

Not the Slowest
03-11-09, 08:49 PM
here's the deal in NYC.
Go to court, it will most likely be thrown out.
There are no points.

This will give you most of the info you need.
http://www.bicycledefensefund.org/bikelaw.html

don't worry, it wil work itself out.

Rob

vincentnyc
03-11-09, 09:27 PM
here's the deal in NYC.
Go to court, it will most likely be thrown out.
There are no points.

This will give you most of the info you need.
http://www.bicycledefensefund.org/bikelaw.html

don't worry, it wil work itself out.

Rob

thx for the link...this will probably help me:

"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."

i'm not even sweating it. the ironic thing i saw today was a delivery guy bike on a busy sidewalk to a cop and ask him for direction. the cop pointed him to the right direction and the delivery guy proceed to bike down sidewalk again w/o any warning or a ticket. while i get a summon for biking in a deserted street in front of my apt. building...does this make sense to u?

the 2 cops that wrote me the ticket looks like they just came out of the cadet school. sometimes i dont know what the deal is, either their ego or they have a bad day and have to act like an ahole. they sure don't teach u common sense from cadet school.

Stacy
03-11-09, 10:43 PM
the 2 cops that wrote me the ticket looks like they just came out of the cadet school. sometimes i dont know what the deal is, either their ego or they have a bad day and have to act like an ahole. u can't buy common sense from cadet school, that's for sure.

Maybe they were learning how to write tickets. Their 'Boss' probably said, "Hey there's a nice guy on a bike. I'll bet he won't give you any trouble!"

pgoat
03-11-09, 10:57 PM
the ironic thing i saw today was a delivery guy bike on a busy sidewalk to a cop and ask him for direction. the cop pointed him to the right direction and the delivery guy proceed to bike down sidewalk again w/o any warning or a ticket. while i get a summon for biking in a deserted street in front of my apt. building...does this make sense to u?
.

That stuff burns me up.:mad:

I told the cop who was writing me up he should be doing this where it mattered. I asked why no cops ever gave tickets on my block in queens. Delivery guys zoom up and down the sidewalks all the time...very crowded, seniors with canes and walkers and wheelchairs, people pushing baby strollers, small children walking, dogs, etc. The night after I got my summons i saw a couple on road bikes - the guy was holding an infant - maybe 6-8 mos at most - on the top tube as they rode on the sidewalk. Brilliant.:notamused:

He told me they definitely patrolled that area for this behavior. Bull.

FrankieV
03-12-09, 09:07 AM
It's just like every other law in ny.
Break it at the wrong time and wrong place and they'll get you.
For instance today they crack down on drivers using cell phones.
Why not crack down every day?
I see drivers making illegal turns and u-turns right in front of police cars and not get stopped.
Then there are the "traps" where a sign is not easily seen and they post a cop there every day pulling over driver after driver.
They would never move the sign.
They just keep ticketing people until everyone knows the spot.

Izengabe
03-13-09, 01:17 PM
I ride on the sidewalks every once in awhile in Manhattan. My view is if the street is full of traffic and dangerous and the sidewalk is empty and safe I am not going to risk my life for a stupid rule.

I never got a ticket and the only time I ever got grief was from a lady who was hold the leash to a giant dog talking a big crap on the sidewalk. The fire department and paramedics had closed the entire street so the only place to go was the side walk. I sidewalk was basically empty and I was going as slow as humanly possible on a bike.

This lady starts yelling at me about riding my bike on the sidewalk and how it posed a "danger to the public". I explain to her the street was blocked, I was going slow a foot traffic and her deficating giant dog probably posed more of a "danger to the public" than my bike.

sounddevisor
03-14-09, 12:38 PM
Given the state of the economy, I think we're going to see a lot more enforcement of previously-ignored laws in the near future. It's easy money for the City!

Personally, I have no problem ignoring some laws as long as I'm not inconveniencing or endangering anyone else - I'll occasionally ride the wrong way on a one-way street, and I'll happily go through an intersection against a red light if there's no traffic coming on the cross street. But I'm aware that it's illegal, and if a cop chooses to cite me it's my own d*mn fault.

Anyhow, if I can't talk my way out of it, I just figure it's a little more money the City can use to fix a pothole or paint another bike lane somewhere. So really, in a way, I'm just doing my civic duty! :-)

island rider
03-16-09, 01:32 PM
My $.02

If there is a law/regulation and you break it, you can be ticketed. Setting aside complicated legal arguments, saying "but all the other guys do it and you don't bother them" will get you nothing with the police or the courts but a headache. They don't respond well to that. Ditto "shouldn't you be going after more important crimes."

That said, cops are people too and will generally not give you a hard time without a reason, and will typically let unimportant things slide. Unfortunately that 'reason' all too often has nothing to do with the exact circumstances of the person standing in front of them at the time.

That said - the real reason for the post - and my only real input here - if you EVER go to court and step foot in front of a judge or magistrate, wear your Sunday best, a Suit and tie, or the appropriate female equivalent. You are showing respect and you will get more respect in turn. Think about what you want to say ahead of time and ALWAYS ask to speak with the prosecuter before stepping in front of a judge. You will typically be given that opportunity anyway. NEVER be afraid to ask, politely, if you can get this reduced to [insert lesser violation here], the prosecuter would generally rather not deal with this either.

All that said, keep us informed on the status. I would love to hear how this turns out.

(You might also try calling the court and asking who acts as the prosecuter in these matters, then writing them a letter and seeing if you can get it dismissed without going to court. Probably won't work, but might save you a trip.)

Sikbug
03-16-09, 02:46 PM
Kinda on the same vain, did any of you see the article about the guy who had to spend 24+ hours in custody for opening a emergency exit door while leaving the subway. You know, the ones everyone and their mom uses at crowded exits.

island rider
03-17-09, 09:11 AM
Kinda on the same vain, did any of you see the article about the guy who had to spend 24+ hours in custody for opening a emergency exit door while leaving the subway. You know, the ones everyone and their mom uses at crowded exits.

Seriously. Do you have a link? I would have to believe he spent time in custody for arguing with the cop, but that the initial stop by the cops was for opening the door. Seems much more likely.

Sikbug
03-17-09, 09:18 AM
28 hours it says. But your right he probably got smart with them.
http://gothamist.com/2009/03/10/man_spends_28_hours_in_jail_for_usi.php

Sportsman9
03-18-09, 01:33 AM
Just another voice to say I think it's a stupid law. If you want to arrest people for riding fast or reckless on the sidewalk, that's one thing. But just for riding ...

Sometimes the sidewalk is the only safe place.

nvincent
03-20-09, 08:39 AM
I try to stay off sidewalks but sometimes I'm forced off the road by heavy traffic or a bus that's picking up passengers at a stop. I'm on a mountain bike with wide handlebars so I'm not too confident I could squeeze through stopped cars without taking out a few side-view mirrors. The sidewalk is my only option in busy traffic, but I'll get right back on the street as soon as possible. If cops start ticketing for these minor violations, then they'll probably start ticketing for riding against the flow of traffic and for running through red lights and stop signs. People just don't understand that we can't stop and wait for traffic, because every time we stop we kill our riding momentum, especially on a windy day or on an incline. We can't just tap an accelerator every time we need to move forward.

Not the Slowest
03-20-09, 08:56 AM
. We can't just tap an accelerator every time we need to move forward.
Kinda like cars, can't be bothered to come to a complete stop at a STOP sign
or people spitting on the street.

We should be bothered
We should obey the law
We represent ALL cyclists.
That said.

I have been on sidewalks, where there are NO people and have gone through stop signs or red lights (OF COURSE SLOWLY). I am not above the law.

Just think of this for a moment.
If you hit someone while biking on the sidewalk, that will make for a really bad law suit.

The one good thing in NYC, is that cops HATE to write summonses.

FROM NY TIMES 3-20-09
"And that number would change from precinct to precinct. When he was in the 28th Precinct in Manhattan, it was 20 or 25 per month, he said.
At the same time, Mr. Bacon defended commanders’ practice of pushing officers to write summonses: Most of them find the practice so uncomfortable, so fraught with conflict, that they would probably shirk the task otherwise, he said."


WE do the crime we PAY the Fine

Rob:(
--

pgoat
03-20-09, 08:57 AM
if you EVER go to court and step foot in front of a judge or magistrate, wear your Sunday best, a Suit and tie, or the appropriate female equivalent. You are showing respect and you will get more respect in turn. Think about what you want to say ahead of time and ALWAYS ask to speak with the prosecuter before stepping in front of a judge. You will typically be given that opportunity anyway. NEVER be afraid to ask, politely, if you can get this reduced to [insert lesser violation here], the prosecuter would generally rather not deal with this either.


+1 absolutely

It's the right thing to do, first of all, but you will stand out. People these days show up in tank tops, don't remove their hats, talk amongst themselves casually when they've been instructed to sit quietly, etc.

You don't have to go overboard but if you appear professional, earnest and conscientious it can't hurt you.

Good luck, and yes, pls keep us posted.

nvincent
03-20-09, 10:58 AM
Kinda like cars, can't be bothered to come to a complete stop at a STOP sign
or people spitting on the street.

We should be bothered
We should obey the law
We represent ALL cyclists.
That said.

I have been on sidewalks, where there are NO people and have gone through stop signs or red lights (OF COURSE SLOWLY). I am not above the law.

Just think of this for a moment.
If you hit someone while biking on the sidewalk, that will make for a really bad law suit.

The one good thing in NYC, is that cops HATE to write summonses.

FROM NY TIMES 3-20-09
"And that number would change from precinct to precinct. When he was in the 28th Precinct in Manhattan, it was 20 or 25 per month, he said.
At the same time, Mr. Bacon defended commanders’ practice of pushing officers to write summonses: Most of them find the practice so uncomfortable, so fraught with conflict, that they would probably shirk the task otherwise, he said."


WE do the crime we PAY the Fine

Rob:(
--

I'm not disagreeing with you, I just think it would be a very unpleasant riding experience if we followed the law to the letter and completely avoided sidewalks and stopped the bike at every red light and stop sign. On certain days momentum is the rider's only friend, and anything that disrupts that momentum will make for some grueling riding conditions. Of course I don't mean that we should go full speed ahead through a stoplight or ride on sidewalks at breakneck speeds, or do any of this in plain sight of a police officer. We have to use some discretion and be mindful that we share the road with others. I'm super-careful whenever I ride on sidewalks or go through intersections where traffic is racing by. I'm not advocating that any of us should break the law, but it's ok to bend it a little every now and then as long as it doesn't affect anyone.

Amen
03-29-09, 10:12 PM
I was loitering in a park after hours and got a summons.

Well, when I answered the summons i saw quite a few people get out of the ticket by saying that they were about to enter or exit a building. Sure it is still against the law, but if you can prove that you live right there, it will probably get dismissed.

jeffreybeaumont
04-05-09, 10:49 PM
I too got a court summons last month, around the same time as vincent, for "operate bike on sidewalk". It was a bummer because it wasn't like years of rule-breaking catching up to me. I don't ever actually ride on the sidewalk; I was right in front of my bike and had just exited the building, mounted my bike and rolled 8 feet onto the street. But boom, I was pulled over almost immediately by a nearby squad car. It was especially frustrating to me because the cop was unfriendly, refused to answer questions AND a delivery dude rode the wrong way down a one-way right as we stood there. I know that I was ultimately and technically in the wrong, so I am not going to pretend that I was a victim or anything, but it was frustrating because in my mind there's a huge difference between people who actually ride their bike down the sidewalk and what I did. Ungh. Anyway, looking forward to heading to court next month!

pgoat
04-05-09, 11:49 PM
just out of curiosity, Jeffrey where did that happen?

good luck - this kind of stuff is just ridiculous.

jeffreybeaumont
04-06-09, 03:21 AM
--
just out of curiosity, Jeffrey where did that happen?

--good luck - this kind of stuff is just ridiculous.

It happened in Williamsburg on Lorimer and Metropolitan near my home. Some LBS dudes mentioned they know of others recently who've experienced the same kind of thing. The poster who mentioned the economy being a driving force in these kinds of tickets is correct; i would imagine that it's an easy way to rack up some dough. However, I wish the precincts would choose a slightly less obnoxious rule to begin following to the letter of the law (how about, say, actually enforcing the speed limit within NYC, or, for god's sake, giving drivers tickets for not using turn signals).

Most frustrating though is that I did not even get a warning for this ticket--just, boom, a court summons. Oh well. C'est la vie.

pgoat
04-06-09, 07:00 AM
there are a lot of cyclists there, certainly.

Maybe it's just easier to stop a cyclist than a speeding car.:notamused:

johnsocks
04-09-09, 01:59 AM
The sidewalk is for pedestrians so you were at fault. It's certainly illegal. Under the circumstances you don't deserve a ticket, but dems tha breaks. I would normally say that operating a bicycle on the sidewalk undermines cyclist right to share the road, so don't do it.

Sikbug
04-09-09, 08:04 AM
I used to live in DC and it seems like everyone rides on the sidewalks down there and I didn't know anyone who got a ticket for it. Up here it seems more like a judgment call, I've rode on the sidewalk for a block to keep from riding into on coming traffic on 10th ave or something when there isn't a single soul on the block.

pgoat
04-09-09, 08:38 AM
The sidewalk is for pedestrians so you were at fault. It's certainly illegal. Under the circumstances you don't deserve a ticket, but dems tha breaks. I would normally say that operating a bicycle on the sidewalk undermines cyclist right to share the road, so don't do it.

That truly is the bottom line. It is enforced unfairly and it could/should be more constructive. But stay off the sidewalks. I have since my ticket. If I really need to get out of the road (and I do every so often) I just pop off the bike and walk it.

rekall
04-14-09, 03:59 AM
It's illegal here in Philly too... I'm all for getting bikes off the sidewalks- we don't belong there

tell that to the jagoff in his ginormous jeep cherokee who intentionally swerved in my direction to assert his position on the road we are supposed to share (17th st coming down from vine toward market), who could not understand why i felt it necessary to catch up to him and have words, and shouted "you crazy nut what are you doing in the road?!" in response to my inquiry as to whether or not he was actually Trying to be an a**hole.

motorists :notamused:

vincentnyc
05-07-09, 02:05 PM
went to the court in manhattan today...waited in line for about 30 mins to see the clerk at the counter. clerk took a look at my summon and wrote "DISMISSED" on it. didn't even get to see the judge and tell him a piece of my mind of those stupid rookie cops. oh well...at least i didn't have to pay any extra $ into the city pocket.

Not the Slowest
05-07-09, 02:09 PM
Good for you :D:thumb:

nvincent
05-07-09, 08:09 PM
Cool beans! :beer: