police say it is illegal to ride bicycle on the street

Quoted message said:

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 <[email hidden]>,

Rich said:

Quoted message said:

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" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

In article <[email hidden]>,

Rich said:

Quoted message said:

I live in Horn Lake, MS, and I noticed the police telling teen-agers

to

Quoted message said:

Quoted message said:

Quoted message said:

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>

max said:

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.

Illinois State Law bans subordinate governments from passing such laws.

http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=49
Click on vehicles for
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1815&ChapAct=625%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=49&ChapterName=VEHICLES&ActName=Illinois+Vehicle+Code%2E
Click on Chapter 11 Article II Effect of traffic laws for
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+II&ActID=1815&ChapAct=625%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=49&ChapterName=VEHICLES&SectionID=59614&SeqStart=114900&SeqEnd=117500&ActName=Illinois+Vehicle+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/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+XV&ActID=1815&ChapAct=625%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=49&ChapterName=VEHICLES&SectionID=59725&SeqStart=143900&SeqEnd=146490&ActName=Illinois+Vehicle+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 <[email hidden]>,
"[email hidden]" <[email hidden]> wrote:

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

Quoted message said:

Illinois State Law bans subordinate governments from passing such laws.

[...]

Quoted message said:

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]

Quoted message said:

1.

[...]

Quoted message said:

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

Jeff,

In addition to the other helpful responses regarding state code, you
can ask Barney for the specific code he is referring to. Ask politely,
as if you're asking him for a favor. Part of this politeness, of
course, is avoiding referring to him as "Barney."

RFM

On Sat, 16 Apr 2005 15:28:09 GMT, max <[email hidden]> wrote
in message <[email hidden]>:

Quoted message said:

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

Interesting. Given that international research shows that sidewalk
riding is more dangerous than riding in the carriageway I wonder what
other rules they have which require people to increase their risk for
the greater convenience of those who are posing all the danger in the
first place...

My bet is that the cop is plain wrong.

Guy
--
May contain traces of irony. Contents liable to settle after posting.
http://www.chapmancentral.co.uk

85% of helmet statistics are made up, 69% of them at CHS, Puget Sound

max said:

In article <[email hidden]>,
"[email hidden]" <[email hidden]> wrote:

Thanks for the cites. I disagree with your conclusions, and have

excised

Quoted message said:

the irrevelent text make it easier to read.

Quoted message said:

Illinois State Law bans subordinate governments from passing such

laws.

Quoted message said:

[...]

Quoted message said:

Sec. 11-207. Provisions of this Chapter uniform throughout

State.

Quoted message said:

Quoted message said:

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

Quoted message said:

Quoted message said:

any ordinance rule or regulation in conflict with the provisions of
this Chapter unless expressly authorized herein. Local authorities

may,

Quoted message said:

Quoted message said:

however, adopt additional traffic regulations which are not in

conflict

Quoted message said:

Quoted message said:

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*

Quoted message said:

* > local authorities with respect to streets and highways under

their *

Quoted message said:

* > jurisdiction and within the reasonable exercise of the police

power *

Quoted message said:

* > from:
********************************************************************

I read the boxed clause above to mean that despite what it says at

the

Quoted message said:

top, cities are not prevented from [look down]

Quoted message said:

1.

[...]

Quoted message said:

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.

Here's the St. Charles Illinois reg, 10.11.2320, Riding bicycles on
roadways:
<http://www.stcharlesil.org/codebook/Title-10/Printable/T10-CH11.html#2320>
which says:

"Whenever a usable path for bicycle has been provided adjacent to a
roadway, bicycle riders shall use such path and shall not use the
roadway. (Ord. 1987-M-74 § 2.)"

Ack!! right!?

I suspect the St. Charles ordinance is one result of the Home Rule
clause <http://tinyurl.com/ajqkl> in the amended 1970 Illinois
Constitution. I looked around and found a cite
<http://tinyurl.com/882ew> asserting that 45 states have some degree of
home rule.

Thus, it's likely that an unexpectedly many hitherto unsuspecting
people in this group live in -- or ride through -- communities with an
ordinance like St. Charles'.

..max

max said:

max wrote:

Quoted message said:

Here's the St. Charles Illinois reg, 10.11.2320, Riding bicycles on
roadways:
"Whenever a usable path for bicycle has been provided adjacent to a
roadway, bicycle riders shall use such path and shall not use the
roadway. (Ord. 1987-M-74 § 2.)"

Interesting read. They also require a bell and license plate.

Rich

max said:

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

Quoted message said:

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,

Quoted message said:

it's possible that Horn Lake requires sidewalk riding, or possibly

the

Quoted message said:

section of sidewalk relevant to this thread was actually a designated

Quoted message said:

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

Quoted message said:

city / village municipal ordinances as amended we cannot know.

It doesn't appear to be available on-line, so I sent them a direct
question. Stay tuned!

--Karen M.
who speaka da lingo of City Hall

I would peruse the Mississippi Vehicle Code for guidance first. The
Vehicle Codes for most states more or less came out of a uniform
template. Many states, including California and others where I have
lived, limit extensions/changes that local units can adopt. In
California, for example, the Vehicle Code gives local units (towns,
cities, etc.) the discretion as to whether or not to allow riding on
sidewalks but local units have no authority to deny access to public
roads. Check to see whether or not the state would allow local
government that authority; it is does not then any such local
ordinance, if it exists, could be invalidated.

- rick

Without going through the Illinois Vehicle Code, and any amendments
that might allow the home unit discretion to make such an ordinance,
the mere existence of an ordinance does not mean it is allowed or
enforcable. I'll leave it to the Illinois folks to sort through the
laws and figure this one out.

Back to the general premise and a local example. Many state vehicle
codes do not allow local jurisdictions much leeway in redefining what
is set forth in the vehicle code. The reason is obvious; vehicle codes
should be uniform across large areas so one does not get trapped by
obscure local ordinances. California limits local authorities from
making changes in very few regards and for cyclists there are two main
areas where local authorites have discretion: whether or not to allow
cyclists on sidewalks, and local registration of bicycles. One local
township a few years back decided to enact more restrictive rules for
bicycles. One ordinance defined a full stop on a bicycle as putting
one's foot down for a minimum of 3 seconds. The ordinance and its
enforcement was challenged on two counts; one, the enforcement was
discriminatory as it did not define a full stop of a motor vehicle as
being a minumum of 3 seconds at a stationary position, but most
importantly that the ordinance exceeded the authority of the town to
amend the state vehicle code. The town was forced to rescind the
ordinances and stop discriminatory enforcement of the vehicle code.
But at the time the ordinance was on the books someone could have cited
that as an example of home rule ... but it turns out it was illegal
home rule.

- rick