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!
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