police say it is illegal to ride bicycle on the street

Hi,

I live in Horn Lake, MS, and I noticed the police telling teen-agers to
ride their bikes on the sidewalk not the street. I asked the police
officer and he said that it was "Illegal" to ride a bicycle on the
street if there is a sidewalk avaliable.

Could this be true?

I would think riding a bicycle on the sidewalk would be more dangerous
for both pedestrian and the cyclist.

Think about it.... kid riding down the sidewalk and needs to cross the
street. A car making a turn and the kid does not look or stop. The car
will most likely not see a kid riding a bike on the sidewalk and run
them over!

Thanks for your help!

Jeff.

wrote:

I live in Horn Lake, MS, and I noticed the police telling teen-agers to
ride their bikes on the sidewalk not the street. I asked the police
officer and he said that it was "Illegal" to ride a bicycle on the
street if there is a sidewalk avaliable.

The cop's wrong.

http://www.gomdot.com/bicycling/laws.htm

In article ,
Rich wrote:

wrote:

I live in Horn Lake, MS, and I noticed the police telling teen-agers to
ride their bikes on the sidewalk not the street. I asked the police
officer and he said that it was "Illegal" to ride a bicycle on the
street if there is a sidewalk avaliable.

The cop's wrong.

http://www.gomdot.com/bicycling/laws.htm

perhaps, perhaps not -- the cite above is insufficient to know.

Some municipalities' ordinances include very specific language about
bicycles and bike paths, _specifically_ _requiring_ cyclists to use a
bike path if it's available/adjacent to the road. I know mine (St.
Charles, Il.) does because i looked it up recently. Although unlikely,
it's possible that Horn Lake requires sidewalk riding, or possibly the
section of sidewalk relevant to this thread was actually a designated
bike path (it happens, for ex the last northward jog on the Illinois
Prarie Path's Geneva Spur takes a sidewalk for 1/4 mile).

there may also be some sort of age-related weirdness.


Of course, the cop may in fact be wrong. Until we read the Horn Lake
city / village municipal ordinances as amended we cannot know.

--
blink

In California the vehicle code specifically states that local jurisdictions
cannot override the CVC.


"max" wrote in message
...
In article ,
Rich wrote:

wrote:

I live in Horn Lake, MS, and I noticed the police telling teen-agers
to
ride their bikes on the sidewalk not the street. I asked the police
officer and he said that it was "Illegal" to ride a bicycle on the
street if there is a sidewalk avaliable.

The cop's wrong.

http://www.gomdot.com/bicycling/laws.htm

perhaps, perhaps not -- the cite above is insufficient to know.

Some municipalities' ordinances include very specific language about
bicycles and bike paths, _specifically_ _requiring_ cyclists to use a
bike path if it's available/adjacent to the road. I know mine (St.
Charles, Il.) does because i looked it up recently. Although unlikely,
it's possible that Horn Lake requires sidewalk riding, or possibly the
section of sidewalk relevant to this thread was actually a designated
bike path (it happens, for ex the last northward jog on the Illinois
Prarie Path's Geneva Spur takes a sidewalk for 1/4 mile).

there may also be some sort of age-related weirdness.


Of course, the cop may in fact be wrong. Until we read the Horn Lake
city / village municipal ordinances as amended we cannot know.

--
blink

On Sat, 16 Apr 2005 03:34:09 GMT in rec.bicycles.misc, max
wrote:

Some municipalities' ordinances include very specific language about
bicycles and bike paths, _specifically_ _requiring_ cyclists to use a
bike path if it's available/adjacent to the road. I know mine (St.
Charles, Il.) does because i looked it up recently.

in most states, local governments are not allowed to pass such
laws. this ordinance may be illegal under state law.

in georgia bicycles are under the same law as motorized vehicles. it is
actually illegal to ride a bike on the sidewalk. still i have seen ignorant
cops tell folks to get off the road and ride on the sidewalk. i told one of
these guys this and he told me i was wrong. i informed him that he needed
to understand the law before he tried to enforce it.
here are the regulations pertaining to operating a bicycle in ichigan.
ain't google great? these are the key quotes "
Sec. 657. Every person riding a bicycle or moped upon a roadway shall be
granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by this chapter, except as to special
regulations in this article and except as to those provisions of this
chapter which by their nature do not have applications" and this "(3) Where
a usable and designated path for bicycles is provided adjacent to a roadway,
a bicycle rider may, by local ordinance, be required to use that path. Where
a usable and designated path for bicycles is provided adjacent to a roadway,
a bicycle rider who is less than 16 years of age shall use that path unless
accompanied by an adult.

the deal for you is to check your local ordinances and then see if the
sidewalks are designated bike paths. the way i interpret this is that
riding on the road is quite legal in your state. my home state considers it
a hazard to mix bicycles with walking pedestrians.

michael

www.coolbicycling.com

MICHIGAN VEHICLE CODE PERTAINING TO BICYCLES
OPERATIONS OF BICYCLES, MOTORCYCLES AND TOY VEHICLES VIOLATIONS OF 257.656
TO 257.661A AS CIVIL INFRACTIONS; DUTY OF PARENT OR GUARDIAN; REGULATIONS
APPLICABLE TO BICYCLES AND MOTORCYCLES.

SECTIONS 257.656 TO 257.661

Sec. 656. (1) A person who violates any of the sections 656 to 661a is
responsible for a civil infraction.

(2) The parent of a child or the guardian of a ward shall not authorize or
knowingly permit the child or ward to violate this chapter.

(3) The regulations applicable to bicycle under sections 656 to 662 shall
apply when a bicycle is operated upon a highway or upon a path set aside for
the exclusive use of bicycles, subject to those exceptions stated in
sections 656 to 662.

(4) The regulations applicable to motorcycles in sections 656 to 662 shall
be considered supplementary to other provision of this chapter governing the
operation of motorcycles.

257.657 RIGHTS AND DUTIES OF PERSONS RIDING BICYCLE OR MOPED.

Sec. 657. Every person riding a bicycle or moped upon a roadway shall be
granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by this chapter, except as to special
regulations in this article and except as to those provisions of this
chapter which by their nature do not have applications.

257.658 RIDING ON SEAT OF BICYCLE, MOTORCYCLE OR MOPED; NUMBER OF PERSONS;
CRASH HELMETS; RULES; REQUIREMENTS FOR AUTOCYCLE.

Sec. 658. (1) A person propelling a bicycle or operating a motorcycle or
moped shall not ride other than upon and astride a permanent and regular
seat attached to that vehicle.

(2) A bicycle or motorcycle shall not be used to carry more persons at a
time than the number for which it is designed and equipped.

(3) A moped shall not be used to carry more than one person at a time.

(4) A person operating or riding on a motorcycle, and any person less than
19 years of age operating a moped on a public thoroughfare shall wear a
crash helmet on his or her head. Crash helmets shall be approved by the
department of state police.

(5) A person operating or riding in an autocycle shall wear seat belts when
on a public highway in this state.

257.659 RIDING WHILE ATTACHED TO STREETCAR OR VEHICLE.

Sec. 659. A person riding upon a bicycle, moped or motorcycle, coaster,
roller skates, sled or toy vehicle shall not attach the same or himself to a
streetcar or vehicle upon a roadway.

257.660 BICYCLES, MOTORCYCLES, OR MOPEDS; OPERATION ON ROADWAY; USE OF
BICYCLE PATH; PASSING; OPERATION OF BICYCLE OR MOPED ON SIDEWALK; EXCEPTION.

Sec. 660. (1) A person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care when
passing a standing vehicle or one proceeding in the same direction. A
motorcycle is entitled to full use of a lane and a motor vehicle shall not
be driven in such a manner as to deprive a motorcycle of the full use of the
lane. This subsection shall not apply to motorcycles operated 2 abreast in a
single lane.

(2) A person riding a bicycle, motorcycle, or moped upon a roadway shall not
ride more than 2 abreast except on a path or part of a roadway set aside for
the exclusive use of those vehicles.

(3) Where a usable and designated path for bicycles is provided adjacent to
a roadway, a bicycle rider may, by local ordinance, be required to use that
path. Where a usable and designated path for bicycles is provided adjacent
to a roadway, a bicycle rider who is less than 16 years of age shall use
that path unless accompanied by an adult.

(4) A person operating a motorcycle, moped, or a bicycle shall not pass
between lines of traffic, but may pass on the left of traffic moving in his
direction in the case of a 2-way street, or on the left or right of traffic
in the case of a 1-way street, in an unoccupied lane.

(5) A person operating a bicycle on a sidewalk constructed for the use of
pedestrians shall yield the right of way to a pedestrian and shall give an
audible signal before overtaking and passing the pedestrian.

(6) A moped shall not be operated on a sidewalk constructed for the use of
pedestrians.

(7) This section shall not apply to a police officer in the performance of
his or her official duties.

257.661 CARRYING PACKAGE, BUNDLE, OR ARTICLE ON BICYCLE, MOPED, OR
MOTORCYCLE.

Sec. 661. A person operating a bicycle, moped, or motorcycle shall not carry
any package, bundle or article which prevents the driver from keeping both
hands upon the handlebars of the vehicle.

257.661a Handlebars of motorcycle or moped.

Sec. 661a. A person shall not operate on a public highway of this state a
motorcycle or moped equipped with handlebars that are higher than 15 inches
from the lowest point of the undepressed saddle to the highest point of the
handle grip of the operator.

257.662 BICYCLES; EQUIPMENT; VIOLATION AS CIVIL INFRACTION.

Sec. 662. (1) A bicycle when in use at nighttime shall be equipped with a
lamp on the front which shall emit a white light visible from a distance of
at least 500 feet to the front and with a red reflector on the rear which
shall be visible from all distances from 100 feet to 600 feet to the rear
when directly in front of the lawful lower beams of head lamps on a motor
vehicle. A lamp emitting a red light visible from a distance of 500 feet to
the rear may be used in addition to the red reflector.

(2) A person shall not operate a bicycle unless it is equipped with a bell
or other device capable of giving a signal audible from a distance of at
least 100 feet, except that a bicycle shall not be equipped with nor shall a
person use upon a bicycle a siren or whistle.

(3) A bicycle shall be equipped with a brake which will enable the operator
to make the braked wheels skid on dry, level, clean pavement.

(4) A person shall not sell, offer for sale, or deliver for sale in this
state a bicycle or a pedal for use on a bicycle, either of which was
manufactured after January 1, 1976, unless it is equipped with a type of
reflex reflector located on the front and rear surfaces of the pedal. The
reflector elements may be either integral with the construction of the pedal
or mechanically attached, but shall be sufficiently recessed from the edge
of the pedal, or of the reflector housing, to prevent contact of the
reflector element with a flat surface placed in contact with the edge of the
pedal. The pedal reflectors shall be visible from the front and rear of the
bicycle during the nighttime from a distance of 200 feet when directly
exposed to the lower beam head lamps of a motor vehicle.

(5) A person shall not sell, offer for sale, or deliver for sale in this
state a bicycle manufactured after January 1, 1976, unless it is equipped
with either tires which have reflective sidewalls or with wide-angle
prismatic spoke reflectors. If the bicycle is manufactured with reflective
sidewalls, the reflective portion of the sidewall shall form a continuous
circle on the sidewall, and may not be removed from the tire without removal
of tire material. If the bicycle equipped with wide-angle prismatic spoke
reflectors, the reflectors of the front wheel shall be essentially colorless
or amber, and the reflector on the rear wheel shall be essentially colorless
or red. Reflective sidewalls or spoke reflectors shall cause the bicycle to
be visible from all distances from 100 feet to 600 feet when viewed under
lawful low beam motor vehicle head lamps under normal atmospheric
conditions.

(6) A person who violates subsection (1), (2), or (3) is responsible for a
civil infraction.

Illinois State Law bans subordinate governments from passing such laws.

http://www.ilga.gov/legislation/ilcs...p?ChapterID=49
Click on vehicles for
http://www.ilga.gov/legislation/ilcs...ehicle+Code%2E
Click on Chapter 11 Article II Effect of traffic laws for
http://www.ilga.gov/legislation/ilcs...ic le+Code%2E
(625 ILCS 5/11-207) (from Ch. 95 1/2, par. 11-207)
Sec. 11-207. Provisions of this Chapter uniform throughout State.
The provisions of this Chapter shall be applicable and uniform
throughout this State and in all political subdivisions and
municipalities therein, and no local authority shall enact or enforce
any ordinance rule or regulation in conflict with the provisions of
this Chapter unless expressly authorized herein. Local authorities may,
however, adopt additional traffic regulations which are not in conflict
with the provisions of this Chapter, but such regulations shall not be
effective until signs giving reasonable notice thereof are posted.
(Source: P.A. 92-651, eff. 7-11-02.)

(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power
from:
1. Regulating the standing or parking of vehicles,

except as limited by Section 11-1306 of this Act;
2. Regulating traffic by means of police officers or

traffic control signals;
3. Regulating or prohibiting processions or

assemblages on the highways;
4. Designating particular highways as one-way

highways and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks

subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as

authorized in Section 11-302, and requiring that all vehicles stop
before entering or crossing the same or designating any intersection as
a stop intersection or a yield right-of-way intersection and
requiring all vehicles to stop or yield the right-of-way at one or
more entrances to such intersections;
7. Restricting the use of highways as authorized in

Chapter 15;
8. Regulating the operation of bicycles and

requiring the registration and licensing of same, including the
requirement of a registration fee;
9. Regulating or prohibiting the turning of vehicles

or specified types of vehicles at intersections;
10. Altering the speed limits as authorized in

Section 11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than

designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal

operation;
14. Imposing fines in accordance with Section

11-1301.3 as penalties for use of any parking place reserved for
persons with disabilities, as defined by Section 1-159.1, or disabled
veterans by any person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal or device as
defined in Section 11-1301.2 as evidence that the vehicle is operated
by or for a person with disabilities or disabled veteran;
15. Adopting such other traffic regulations as are

specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of

Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under subsections 1, 4, 5,
6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective until signs
giving reasonable notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any municipality
having a population of 500,000 or more inhabitants from prohibiting any
person from driving or operating any motor vehicle upon the roadways of
such municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to prevent
local authorities within the reasonable exercise of their police power
from prohibiting, on private property, the unauthorized use of parking
spaces reserved for persons with disabilities.
(e) No unit of local government, including a home rule unit, may
enact or enforce an ordinance that applies only to motorcycles if the
principal purpose for that ordinance is to restrict the access of
motorcycles to any highway or portion of a highway for which federal or
State funds have been used for the planning, design, construction, or
maintenance of that highway. No unit of local government, including a
home rule unit, may enact an ordinance requiring motorcycle users to
wear protective headgear. Nothing in this subsection (e) shall affect
the authority of a unit of local government to regulate motorcycles for
traffic control purposes or in accordance with Section 12-602 of this
Code. No unit of local government, including a home rule unit, may
regulate motorcycles in a manner inconsistent with this Code. This
subsection (e) is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent exercise by
home rule units of powers and functions exercised by the State.
(Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97;
90-655, eff. 7-30-98; 91-519, eff. 1-1-00.)

(625 ILCS 5/11-208.1) (from Ch. 95 1/2, par. 11-208.1)
Sec. 11-208.1. Uniformity.
The provisions of this Chapter of this Act, as amended, and the
rules and regulations promulgated thereunder by any State Officer,
Office, Agency, Department or Commission, shall be applicable and
uniformly applied and enforced throughout this State, in all other
political subdivisions and in all units of local government.
(Source: P. A. 77-706.)

(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2)
Sec. 11-208.2. Limitation on home rule units.
The provisions of this Chapter of this Act limit the authority of
home rule units to adopt local police regulations inconsistent herewith
except pursuant to Sections 11-208, 11-209, 11-1005.1,
11-1412.1, and 11-1412.2 of this Chapter of this Act.
(Source: P.A. 92-868, eff. 6-1-03.)


Click on Chapter 11 Article XV Bicycles for
http://www.ilga.gov/legislation/ilcs...ic le+Code%2E

(625 ILCS 5/11-1512) (from Ch. 95 1/2, par. 11-1512)
Sec. 11-1512. Bicycles on sidewalks. (a) A person propelling a
bicycle upon and along a sidewalk, or across a roadway upon and along a
crosswalk, shall yield the right of way to any pedestrian and shall
give audible signal before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or
across a roadway upon and along a crosswalk, where such use of bicycles
is prohibited by official traffic-control devices.
(c) A person propelling a bicycle upon and along a sidewalk, or
across a roadway upon and along a crosswalk, shall have all the rights
and duties applicable to a pedestrian under the same circumstances.
(Source: P.A. 82-132.)

In article .com,
" wrote:

Thanks for the cites. I disagree with your conclusions, and have excised
the irrevelent text make it easier to read.

Illinois State Law bans subordinate governments from passing such laws.
[...]
Sec. 11-207. Provisions of this Chapter uniform throughout State.
The provisions of this Chapter shall be applicable and uniform
throughout this State and in all political subdivisions and
municipalities therein, and no local authority shall enact or enforce
any ordinance rule or regulation in conflict with the provisions of
this Chapter unless expressly authorized herein. Local authorities may,
however, adopt additional traffic regulations which are not in conflict
with the provisions of this Chapter[...]

(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
************************************************** ******************
* (a) The provisions of this Code shall NOT be deemed to PREVENT*
* local authorities with respect to streets and highways under their *
* jurisdiction and within the reasonable exercise of the police power *
* from:
************************************************** ******************

I read the boxed clause above to mean that despite what it says at the
top, cities are not prevented from [look down]


1.
[...]

Chapter 15;
8. Regulating the operation of bicycles [...]

Regulating the operation --- Sounds like Illinois cities can require
bikes to ride on the path if it's available.

I don't see how it can be read any other way.

..max

--
blink

It is a sidewalk. I will try to get a copy of the ordinance.

Thanks!

:
: MICHIGAN VEHICLE CODE PERTAINING TO BICYCLES
: OPERATIONS OF BICYCLES, MOTORCYCLES AND TOY VEHICLES VIOLATIONS OF 257.656
: TO 257.661A AS CIVIL INFRACTIONS; DUTY OF PARENT OR GUARDIAN; REGULATIONS
: APPLICABLE TO BICYCLES AND MOTORCYCLES.
:
Um, Michael, I believe the original poster said he is in Mississippi....but
thanks for going to all the trouble to look up and type out the regulations.
Interesting reading!

Pat in TX