Legislative work undertaken by the Bicycle Transportation Alliance (BTA) in the 2005 Oregon Legislature has resulted in many bicyclists taking a look at the laws that govern our rights to the road. Of course, there are federal, regional and municipal laws that also regulate bicycle riding. Over the years bicycle advocates have approached access to riding areas (on and off road) with the view that regulation of our right to ride where we wish is a serious intrusion on our rights. One of the ways that our office has tried to raise consciousness about legal regulation is to post various laws on our website located at www.stc-law.com. Recent additions include parking laws, and various laws about loose dogs. In addition, we have begun collecting city laws that regulate bicycle riding. While most of these municipal ordinances are “under the radar” of scrutiny by bike law geeks, a perusal through the state’s offerings reveals a number of ambitious, outdated and potentially oppressive municipal ordinances aimed at bicyclists.
Bicycle Parking
Most small cities have some ordinance that restricts bicycle parking. Seaside, as a typical example, provides the following:
§ 71.10 REGULATION OF BICYCLES.
(B) Impounding of bicycles.
(1) It shall be unlawful to leave a bicycle on public or private property without the consent of the person in charge or the owner.
(2) A bicycle left on public property for a period in excess of 24 hours may be impounded by the Police Department.
It may be a little surprising to riders that the parking laws are so strict that if a bicycle is left in a public place for more than 24 hours it may be “impounded”. It is clear that no effort is made to provide due process for the taking of the bike, and many of these laws would probably be subject to successful legal attack if they were used more often. However, most impoundments probably involve semi-stripped bicycles padlocked to parking meters or traffic signs that have become a public nuisance and are cut free and recycled by a city.
Bikes on Sidewalks
There are also many laws restricting where bicycles can legally ride. Some towns restrict riding on sidewalks; others provide special rules for certain areas. Generally, the larger the city the more specific the description for areas where bicycles may ride or may be operated. For example, in Seaside bicyclists may not ride in the core area, but are specifically allowed on the Prom.
Other Non-Motorized Traffic
Another example of municipal legal restrictions involves regulations of bicycles and other non-motorized vehicles. For example, Cannon Beach flatly restricts skateboards from sidewalks, and even porches:
10.12.020 Skateboard operating rules.
No person shall:
A. Ride a skateboard on a sidewalk, walkway, path, porch or other pedestrian area;
B. Ride a skateboard on a public street, alley or parking lot within a business or commercial district of the city;
C. Leave or park a skateboard on a sidewalk or walkway.
(Ord. 88-14 § 2)
Who is the Newport Bike Marshal?
Things get a little crazy when one digs into laws regulating bicycles in other ways. For example, the city of Newport creates a position of “city marshal” whose job it is to provide riding permit and ownership cards for bicycles. These licenses to own and operate a bicycle expire on a yearly basis. Further, before a person may obtain a permit “the applicant shall be examined as to his qualifications”. The contents of the test are unknown, but the questions have probably been lost in the sands of time. These old regulatory efforts do have a draconian side; it is presently unlawful for anyone to ride a bicycle in Newport without an ownership/riding permit. The penalty for failing to obtain a permit is to be banished from the streets of Newport, and if caught, the city marshal is charged with impounding the bicycle in the City Hall of Newport. While it is likely that Newport’s bicycle permit program is a vestigial remnant of some former city leader’s romance with authoritarianism, these old laws are still in the books.
Conclusion
It would probably be a good idea for Oregon’s bicycle riders to take a look at the city charter and municipal ordinances for their own communities and begin collecting examples of outdated laws. It is likely that city attorneys’ offices would be willing to help in clearing some of these old laws off of the books. Our office will post these laws on our website to bring them into the light of day; then we can gradually reform the law in some of these cities.