Last week, Bill C., posted the following comment on Transit Miami.
“People should ignore the Bal Harbour rule because it is unlawful. Your right to operate your bike on the sidewalk is a right protected by state statute.”
He goes on to say:
“Section 316.2065 (10), Florida Statutes, expressly provides that “A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.”
“It is well established under Florida law that municipalities cannot remove rights granted by state statute. In Rinzler v. Carson, the Florida Supreme Court declared:
Municipal ordinances are inferior in stature and subordinate to the laws of the state. Accordingly, an ordinance must not conflict with any controlling provision of a state statute, and if any doubt exists as to the extent of a power attempted to be exercised which may affect the operation of a state statute, the doubt is to be resolved against the ordinance and in favor of the statute. A municipality cannot forbid what the legislature has expressly licensed, authorized or required, nor may it authorize what the legislature has expressly forbidden. In order for a municipal ordinance to prohibit that which is allowed by the general laws of the state there must be an express legislative grant by the state to the municipality authorizing such prohibition.”
“Bring the state statute to court with you if you get a ticket for riding on the sidewalk. Sue Bal Harbour if you get hit by a motor vehicle because you were following their illegal ordinance.”
We decided to check with the South Florida Bike Coalition legal team and they agree; the Bal Harbour ordinance is in conflict with the State statue.
We here at Transit Miami do not advocate bicycling on sidewalks, but Bal Harbour is forcing inexperienced cyclists to ride on dangerous Collins Avenue. I would not want my child riding on Collins Avenue. Bal Harbour should not force people to ride in the roadway. Rather then castigating cyclists Bal Harbour should work with the FDOT to provide a safer environment for cyclists of all ages to ride comfortably and safely through Bal Harbour.
How about a group ride up and down the sidewalks of Bal Harbour?
Thank for the heads-up Bill C!
Subscribe via Email
Find us on Facebook
- Mike Moskos on Event: Donald Shoup-The Godfather of Eliminating Required Parking
- Matthew Toro on ‘Mixed’ Land-Use in Miami-Dade
- Adam Old on ‘Mixed’ Land-Use in Miami-Dade
- Mike arias on County Announces New Vision for Pedestrians and Cyclists: Vision Zero 305
- Matthew Toro on Commercial Land-Use in Miami-Dade
- ivo on County Announces New Vision for Pedestrians and Cyclists: Vision Zero 305
CategoriesAccident Architecture bicycles bike lanes Bike Miami Days biking Biscayne Boulevard Brickell bus Climate Change Coconut Grove complete streets Downtown Miami FDOT High Speed Rail Metrorail Miami Miami-Dade County Miami-Dade Transit Miami 21 Miami Beach Museum Park News Parking Parks Pedestrian Pedestrians Pic o' the Day Planning Real Estate Development Rickenbacker Causeway Sprawl Streetcar Traffic Transit Transitography Transit Oriented Development Transportation Tri-Rail Uncategorized Urban Design Urban Development Boundary Urban Growth Urban Planning Walkability
- Cities Map—and Track Benefits—of Urban Forest April 16, 2014OpenTreeMap allows cities to inventory trees and see the environmental and economic benefits.
- Regional Water Authority DOA in Detroit April 16, 2014One of the unanswered questions of Detroit’s post-bankruptcy future is what will happen with the Detroit Water and Sewerage Department, especially after negotiations to create a regional authority ended in failure this week.
- CA Court of Appeals: Some Projects Require 'Urban Decay' Mitigation April 16, 2014When a new shopping center may leave existing retail areas short of business, a California court has ruled that mitigations of "urban decay" must be spelled out up front.
- A Special Focus on Planning for Healthy Schools April 16, 2014SAGE has provided free access to material from the Journal of Planning Education and Research's focus issue on Healthy Schools. Click here for the links and synopses. Follow us on Twitter @JPER7 & on Facebook (https://www.facebook.com/JPERPlanning) […]
- Beyond Oil: Trains Turn to LNG Fuel and Hybrid Locomotives April 16, 2014According to a new EIA report, the cost advantages of liquefied natural gas make it an attractive alternative to diesel fuel for major U.S. freight railroad companies. Hybrid diesel-electric locomotives on order for 5 states will power HSR routes.
- Historic Properties Decay in Philadelphia’s Old City April 16, 2014Old City in Philadelphia presents a troubling dichotomy—while the neighborhood is a busy location for redevelopment investment, many of its historic buildings are succumbing to neglect.
- Illinois Bike Transportation Plan Could Be a Game Changer April 16, 2014The Illinois Bike Transportation Plan has the potential to impact the design of state roads in the purview of the Illinois Department of Transportation: 2,775 miles, or nine percent of the total mileage, of road in the Chigagoland region.
- Coming this Summer: Airbnb Will Collect Taxes in San Francisco, New York State April 15, 2014The ongoing saga of the tax and regulatory standing of Airbnb, the popular room rental app and poster child for the sharing economy, is evolving in San Francisco, Portland and the state of New York.
- The History of GPS—Back to the First Century April 15, 2014A new book details the primitive origins of the GPS tracking technologies that are so pervasive in today’s mobile-phone-enabled world.
- Flood Concerns Raised Over Trinity Toll Road Proposal in Dallas April 15, 2014Details are emerging about the proposed Trinity Toll Road in Dallas. The route’s proximity to the Trinity River has provided more fuel for the project’s opponents.
- Cities Map—and Track Benefits—of Urban Forest April 16, 2014