Rick Smith

I was stopped by a cop on my way into work today on SOM Center Road in Mayfield Village (a suburb of Cleveland).

The officer said he could cite me for being on the road without a vehicle registration, and that on roads in the Village where there's a bike path (MUP) next door, bicyclists need to use it or risk a fine.

I argued the typical 'bicycles are vehicles' bit, but he didn't buy it. He then went on to say that it was dangerous for me to be on the road, that he couldn't see me (the blinding LEDs must have left him confused) and that he wanted to protect me from drivers and the rainy weather.

The bike path in question meanders along and is perfect for a weekend jaunt... not a commute.

I found this here: https://bikelaws.org/cb/neo-bikelaws.htm#Mayfield%20Vlg


"** Mayfield Village

www.conwaygreene.com/Mayfield.htm (Complete to July 1, 2006)


Invalid Ordinances
373.07 SAFE RIDING REGULATIONS
(b) Persons riding bicycles, tricycles or unicycles upon a street shall ride in single file only and not abreast except on trails or parts of streets set aside for the use of bicycles, tricycles or unicycles.
(c) Wherever a designated usable trail for bicycles, tricycles or unicycles has been provided adjacent to a street, bicycle, tricycle or unicycle riders shall use such trail and shall not use the street."



The link to Conway Greene doesn't work.

Any ideas as to whether I can challenge this and keep riding on the road? Or do the ordinances that mayfield Village has apparently enacted overrule state of Ohio law (which states that a bicycle is a vehicle and can travel along a road)?

Thanks.

P.S. In any case, I have at least a week's worth of strips now to work on.

treebound 

How safe is the bike path?
Is it a multi-use path, or do bicycles have priority on it?
Does the state have a preemption (sp?) law?
How many driveways and roadways does the bike path cross per mile?
How many "stop and walk your bike" signs are along the bike path?

Kind of interesting that the comic guy just painted a bike lane on a roadway, and now a cop is telling you that you have to use one, maybe the officer is a reader of the comic strip******************************??? (sorry)

I'm thinking that your only recourse would be to contact a lawyer or a local bicycle advocacy group to look for existing laws and ruling on the issue.

If I were bicycle touring through the region and town is the legislation posted in such a way as to inform me as a visitor that I am required to use the path? Ignorance of the law might not be a valid excuse, but sometimes that burden of proof thing creeps into the discussion.

TuckertonRR

I'm not a lawyer, but generally speaking, state law is superior to municipal law. (and federal law is at the top). unless the state law has an exeption (for instance "....individual towns can set their own laws within this framework.....") or is silent on a particular matter, then state law automatically trumps muni. law. Unless you want to contact a lawyer, and get out your wallet, and challenge their municipal ordinance in court as being contrary to state law, (you'd probably win, but at a price) then it might just be easier to use the path on that stretch of road.

I don't like those "mandatory use side-path" ordinances, either. Call your local bike advocacy group, and/or an attorney if you'd like to take the matter further. Does the municipal ordinance (373.07) list penalties?

thdave

The officer is ignorant of the new "Better Ohio Bicycling Bill" passed in Ohio in 2006

The new Ohio law passed supercedes parts of local ordinances and several points are relevant. Here's the website for the law, which passed in fall of 2006.

https://www.cobac.org/news/newlaws_20060919.html

A key part to this is that "local jurisdictions cannot adopt ordinances "fundamentally inconsistent" with the uniform rules of the road in the Ohio traffic code." This means that you can ride the road uless there's a posting specifically stating that you can't.

Another part addresses registration. If you don't live in Mayfield, then the registration law doesn't apply.

There is another slight change in this section. Part (A)(9) continues to allow "local authorities" to require the registration and licensing of bicycles, including the "requirement of a registration fee," but they can only require registration and licensing and the payment of a registration and licensing fee "for residents of the local authority." That means that bicyclists cannot be hassled by any communities that they cycle through for not registering or being licensed in those jurisdictions; a bicyclist is only required to comply with the requirements of the jurisdiction in which s/he is a resident, IF that jurisdiction has any such registration and licensing requirements.

From that website, here's a good summary.
Here is a short bullet-point summary of the changes created by a member of the OBF board:



· Bicycles can’t be prohibited from using a public street or highway (other than freeways) nor can they be required to use sidewalks. [4511.07 and 4511.711]

· 4511.22, which prohibits operating a vehicle at such a low speed as to impede traffic, is modified to "consider the capabilities of the vehicle and operator."

· 4511.25 requiring slow moving traffic to stay "as close to the right hand edge as practicable," is changed to "far enough to the right to allow passing by faster vehicles" except where the driver of the slower vehicle’s safety would be compromised by the passing vehicle.

· 4511.55 still requires cyclists to ride “as near to the right side of the roadway as practicable”, but specifies the exceptions for avoiding fixed or moving objects or vehicles, surface hazards, and when a lane is too narrow to allow the bicycle and overtaking vehicle to travel safely side by side.

· 4511.31, provisions are added to permit vehicles to pass slower vehicles (proceeding at less than half of the posted speed limit) in a no passing zone.

· 4511.52 is changed to prohibit assessing points against a driver’s license for citations issued to a cyclist for violation of traffic laws [except DUI laws].

· 4511.56, bicycle equipment, is revised to permit, but not require, a horn or bell or reflectors on the wheels. A white light is still required on the front, but it may now be mounted on the bike or the rider. A red light is still required to the rear, but it may now be steady or flashing.

The metroparks in Cleveland and the municipalities haven't changed their laws accordingly. You should inform your city law director by going to a city council meeting and filling them in. This officer is complying with local law, but that law needs to be re-written.

The inconsistancy of these laws could make for several good comic strips!

Rick Smith

Awesome! I just found this:

4511.07 Local Traffic Regulations - Local authorities may regulate the operation of bicycles as long as such regulation is not inconsistent with the uniform rules of the road prescribed in Ohio law, e.g., local authorities may not prohibit the use of bicycles on any public street or highway. Local authorities may require registration and licensing, but licensing rules cannot be applied to non-residents. (See also 4511.711.)

here: https://www.dot.state.oh.us/bike/Reso...ioBikeLaws.htm

Rick Smith

Ha!

Sorry - just posted without seeing your note!

This is great. Do I carry a copy around the next time he pulls me over or what?

evblazer

next he'll be getting you on this one
"(k) No person shall operate a bicycle, tricycle or unicycle at a speed greater than is reasonable and proper under the conditions then existing. "

"373.99 PENALTY. Whoever violates any provision of this chapter shall be fined not more than two hundred dollars ($200.00) and the court may prohibit such violator from riding a bicycle, tricycle, or unicycle for a period not to exceed three months.
(Ord. 74-31. Passed 7-15-74.) "

Don't ride too fast they may impound you!

thdave

Well, if you're carrying flares in your bag you might as well make room for document!

I'm not sure the best approach, but the easiest thing to do is call the Mayfield Village Law Director. He should address this with the police force and that should fix things.

Rick Smith

Left messages with both the Mayfield Village police lieutenant and Village Law director. Thanks for the help!

pluc

In your case the law says "shall", not MUST.

Law is very clear, you don't have to.

ottawa_adam

Umm, shall means the same as must. I interpret federal acts and statues for my government department all the time. The two are interchangeable. You may be thinking of the difference between "shall" and "should."

Rick Smith

So I've got the document printed out, the appropriate section highlighted...

I'm going to brave the road on the way home, but I've got a feeling the bike will be impounded tonight. These guys don't have much to do and I can see them plotting a snare right now, poring over the books, looking for any infraction they can get me on.

Grr. Two years straight commuting on this route and no problems.

I'm guessing someone called in, saying I was slowing them down or something.

pluc

Ah, poop. Indeed.

Itsjustb

Just another case of The Man keeping us down.

Rick Smith

I know, I hate thinking that.

But after finally being confronted by a police officer who is ignorant of the laws he's supposed to be enforcing, it just feels that way.

thdave

It's very windy today, so don't let that document fly away as you're pointing out the law to the police officer!

I bet he never bothers you again and feels stupid for stopping you to begin with. That said, if he stops you I'll have quite a laugh reading about him tomorrow.

jyossarian

If he tries to pull you over again, just keep riding til you're in the next town and out of his jurisdiction.

Don't take any thing I say seriously.

Rick Smith

LOL - jyossarian!

I just got off the phone with the law director for Mayfield Village. She said there is a communication issue, that she'd need to do research, but that she'd speak to the Chief of Police so that they understand the law going forward.

We'll see.

tate65

Next time, assuming there is one, try and get the officers badge number and or name. I find whan making these calls, which I have had to twice, as well as a cort apperiance for a bogus ticket once, that having said info makes it easier for said "communication" to occure. Note: If you get the name and number remember it as well as note the person to whom you gave it so when the cop comes looking for you you can get the bogus ticket thrown out for harrasment.

referee54

Let me know how it goes. I live on the west side of town---Columbia Station near Berea---Berea and Olmsted Falls, having the MetroParks right there are really pretty bike friendly, as is Strongsville. I have never had a problem on the west side, although I have heard---no first hand knowledge of it---that Bay Village has some weird ordinances.

Best of luck to you!

Tim C.

SweetLou

Yeah, Bay Village has some laws that are against Ohio's laws. Here's a list of Northeast Ohio's local ordinances.

I have "broken" Avon Lake's law about riding on Moore Rd and Bay Village's law about riding on Columbia. I haven't been stopped yet. Avon Lake has a couple of signs posted saying that it is illegal, I just ignore it since I know their law is not legal.

referee54

Wow! That Is some list! I have always thought that bicycles were in fact vehicles, and were suject to the same rules etc. as cars---stop signs, etc...I have ridden through Bay village quite often---down Lake Rd. and up Dover Center all the way to Hilliard---but I have never been hastled by the po-po. Are these lwas "nuisance" laws tht a policeman can pull out ifneed be---hoping that the cyclist is ignorant of the actual rules of the road?

Tim C.

SweetLou

I've went and found Bay's laws, it seems that a lot of the laws were written a long time ago. They still have a law saying that bicycles' brakes must be able to skid the tire. Try that with your front brake! Laws that mention skidding the tires were generally written when most bikes only had rear coaster brakes.

But, this thread has caused me to take action! I sent an email to the Law Director of Bay Village listing their laws and Ohio's laws, showing how they Bay's are not allowed. They have a law saying all bikes must register and pay $1.00. The next line of the law says that no owner is allowed to ride the bike in Bay unless it is registered. Since I don't live in Bay, I break the law every time I ride through there, which is often.

Rick Smith

The Mayfield Village Law Director I spoke with yesterday acknowledged that many of these laws are indeed old and outdated and should probably be revisited. And yes, many of them probably are nuisance laws originally, or were created for some specific purpose (i.e. the bike path I was supposed to ride on was built and then an ordinance passed making it mandatory to use it).