Cycling without a License Charges Dropped

March 23, 2012 -- As noted below, I was recently ticketed in the Town of Paradise Valley, Arizona for riding my bike without carrying my driver's license. Today I received a letter stating that the Paradise Valle Town Attorney has moved to have the citation dismissed "with prejudice," which means that charges cannot be re-filed. The argument in the motion reads as follows: "Citation was issued in error. Issuing officer believed defendant needed a driver's license to ride a bicycle, and a driver's license is not required for a bicyclist." 

I also received a phone call from Paradise Valley Police Commander Alan Laitsch. He agreed that there is a longstanding problem between cyclists and his police officers caused in part by the fact that his officers do not know what is and what is not legal cycling behavior. He as promised to institute a training program to make his officers more familiar with the law in the hopes of reducing that friction.

New Sign at Hidden Hills says Closure Temporary

In the February 29 edition of Arizona Road Cyclist News, I reported that a sign had been erected at the entrance to Hidden Hills that reads: "Non-Resident Bicycle Use Prohibited Beyond This Point". The gated community of Hidden Hills in Northeast Scottsdale had previously been open to cyclists by virtue of an easement held by the City of Scottsdale. The easement was envisioned as part of a cyclist transportation corridor between Scottsdale and Fountain Hills that would serve as an alternative to heavily-trafficked Shea Boulevard. However, a final short link in the corridor through an undeveloped section of Fountain Hills has not yet been paved.

In response to a long-fought effort to get the easement relinquished, the City's Transportation Committee came up with a compromise solution. The Committee agreed to temporarily suspend the easement until the connection to Fountain Hills is built. In exchange, the Committee stipulated and the Hidden Hills Homeowners' Association agreed that it would actively support a an expected Committee decision to reopen the easement and to post a sign at the community's entrance advising prospective residents that cyclists will at some future date have the right to ride their bikes on the community's principal street. 

That sign has now been erected as shown in the Figure and reads: "The public bicycle easement on 145th Way in Hidden Hills II has been temporarily closed pending completion of a connection to Fountain Hills.

When will that connection to completed? I don't know. The company that is to develop the land in Fountain Hills has decided to reroute one of the planned streets, and some utility infrastructure is must also be relocated. In theory, the connection could be completed before the end of this year, but in a period of depressed property values and home sales, it could take much longer before we are riding our bikes through Hidden Hills to Fountain Hills.

Open Letter to Paradise Valley Police Chief John Bennett

Police Chief John Bennett -- jbennett@paradisevalleyaz.gov
6433 East Lincoln Drive
Paradise Valley, AZ 85253 

Cc:       Police Commander Alan Latsch -- alaitsch@paradisevalleyaz.gov
            Mayor Scott LeMarr -- slemarr@paradisevalleyaz.gov
            Vice Mayor Mary Hamway -- mhamway@paradisevalleyaz.gov
            Town Manager James C. Bacon Jr. -- jbacon@paradisevalleyaz.gov
            Town Attorney Andrew M. Miller -- :amiller@paradisevalleyaz.gov
            Paradise Valley Town Council Members
                   Lisa Trueblood -- ltrueblood@paradisevalleyaz.gov
                   Michael Collins -- mcollins@paradisevalleyaz.gov
                   Pam Kirby -- pkirby@paradisevalleyaz.gov
                   Paul E. Dembow -- pdembow@paradisevalleyaz.gov
                   Vernon B. Parker -- vparker@paradisevalleyaz.gov
             Arizona Road Cyclist News Website http://www.azroadcyclist.com/
             Wheezers & Geezers Mail Blog geezerride.blogspot.com

Subject: Police harassment of cyclists in Paradise Valley.
Ref: Officer #157 and traffic complaint #37502, DR# 2012-3791
Dear Chief Bennett,

Please excuse the long missive, but I cannot find a way to make it shorter.

I am writing about a longstanding complaint that Paradise Valley police officers harass cyclists who are cycling in full compliance with the law. I have had several experiences in the past of riding in groups who were harassed by Paradise Valley police officers. My latest experience involves one of your officers who, in my opinion, misused his authority as a police officer by writing a bogus traffic ticket to get revenge on me when I accused him of endangering my life and violating ARS 28-735 in his unmarked police car. I request in the interest of justice that the officer be issued a traffic citation for his infraction. The evidence to support the citation should be found in the video recorded by the camera mounted in the windshield of his patrol car.

I cannot make out the officer’s name on the citation, but his ID# is listed as 157, and I have since learned that that ID# belongs to Corporal Nigel Williams. 

On Saturday, March 10 at approximately 11:45 a.m., I was cycling eastbound on McDonald Drive, which is a narrow street with a median. I was wearing a mirror on my glasses, and I was therefore very aware of traffic approaching from behind. Although under ARS 28-735 the street is too narrow for a motor vehicle to legally overtake a bicycle in the sections where there is a median, each time a car approached from behind, I pulled over onto the concrete shoulder to allow it to pass.

As the officer approached me from behind in his unmarked patrol car, I would have pulled onto the narrow concrete shoulder to allow him to pass also, but the shoulder and part of the traffic lane were occupied by pedestrians, forcing me to remain in the traffic lane, as was my legal right. If I remember correctly, I put out my left hand to signal to the driver not to pass until it was safe to do so.

According to ARS 28-815, I had a right to move away from the right side of the lane according to two sub-paragraphs: “If reasonably necessary to avoid conditions including…pedestrians…” and “If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.” I was cycling in full compliance with that law. The officer would have only had to wait a few seconds for me to be able to pull off the street and allow him to pass, but he chose not to wait.

ARS 28-735 reads in part “When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet….”

The officer attempted to overtake me, even though there was obviously no room for him to do so. At the last moment and touched his brakes when his bumper was much closer to my bike than the legally required three feet. He came very close to striking the rear of my bicycle.

After I passed the pedestrians and moved out of street and onto the narrow shoulder, I yelled at the driver of the car (I did not yet realize that the scofflaw driver was a police officer) “That was really stupid!” At that point, the officer sounded his klaxon, and I pulled off the road to the right onto Cameldale Way and stopped. As the uniformed officer got out of his car, he asked me what I had said, and I repeated “That was really stupid!”

Admittedly, pointing out to a uniformed police officer that he’s done something stupid is not wise, especially when it is true, but it is not against the law, and I was understandable angry at the officer’s disregard for the law and for my safety.

I won’t go though the entire discussion that ensued, but suffice it to say that the officer was very angry and self-righteous about being accused of wrongdoing. Out of anger, he adopted the attitude that it had been me and not he who had just committed a traffic infraction, although he was unable to name which infraction I might have committed until he asked me for my driver’s license, and I replied that I was not required to carry a driver’s license while cycling. He alleged that I was breaking the law by cycling without carrying a driver’s license. I pointed out that Arizona Law [ARS 28-3151] requires a person who operates “a motor vehicle” to have a driver’s license and does not apply to self-propelled means of transportation. As he was unable to come up with any specific statute that I had violated (although he continued to insist that a driver's license is required to ride a bicycle) he wrote me a ticket for supposedly violating ARS 28-812, which reads:

A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.

He claimed that that citation would cover my riding a bicycle without carrying a driver's license.

I think this is plain silly. First, as the statute above states, not all laws apply to both bicycles and motor vehicles. Some laws apply specifically to bicycles, and others apply specifically to motor vehicles. The requirement to have a driver’s license applies specifically to motor vehicles. If bicycle riders were required to have a driver’s license, the police could pull over and ticket every kid cycling to school. Additionally, ARS28-812 states that it applies only to Chapters 3, 4, and 5 of the Arizona Revised Statutes. ARS 28-3151 is in Chapter 8.

Second, if I had not been in compliance with ARS 28-812, I must have violated some statute that applies to both bicycles and motor vehicles, and I should have been cited for violating that statute, but I was not and for good reason: There was no such violation. By writing such a generic citation that could cover the violation of any number of statutes in Chapters 3, 4, and 5 of the Arizona Revised Statutes, Corporal Williams may believe that he has the flexibility to accuse me of almost anything in the civil traffic hearing, but according to Arizona's Civil Traffic Rules and Procedure, that is not the case. Rule 8 reads: "A complaint is legally sufficient if it contains either a written description or the statutory designation of the alleged violation." There is no written indication of what I am alleged to have done wrong.

My case is not unique. You may be aware that cyclists’ complaints about Paradise Valley Police harassment go back years and predate your position as Chief of Police. Let me be clear: The Paradise Valley Police Department has every right to stop, warn and/or ticket any cyclist who violates a traffic law such as running a stop sign, but it has no right to continue to harass cyclists who are in full compliance with the law, and its officers have no right to endanger cyclists by violating the laws themselves.

I plan to use my traffic ticket as a means of bringing the problem of police harassment of cyclists in Paradise Valley to public attention in the hope of generating pressure for reform. I don’t know if the problem that some of your police officers have with cyclists is caused by a poor attitude or if it due to a lack of training. I suspect it is a combination of both. Only you can change the attitude part by indicating to your officers that scofflaw behavior towards cyclists will not be tolerated. As mentioned above, a good start would be to cite the officer who endangered me for violation of the three-foot law, ARS 28-735.

The second step is to educate your officers as to what is and what is not legal cycling behavior. Many of them do not know that now, especially when ARS 28-815 is concerned. The Coalition of Arizona Bicyclists offers a course in traffic law pertaining to bicycles, a course that is especially designed for law-enforcement officers. It might be a good idea to arrange such a course for your officers with a special emphasis on ARS 28-815.

Returning to this particular officer, I once again beg you to review the video from the camera in the unmarked patrol car that Corporal Nigel Williams was driving that day. If the video substantiates my claim that the officer violated ARS 28-735, I request that he be issued a traffic citation, not for my sake, but to send a message to all cyclists that the Paradise Valley Police Department is finally going to adopt a zero-tolerance policy when it come to officers' misusing their authority to harass law-abiding cyclists.

In summary, although I have related a personal experience, my experience is indicitive of the problems that many cyclists have been having with the Paradise Valley Police Department for years. I do not understand why the Town of Paradise Valley, through its police department, continues to alienate a large segment of the population including people who are in full compliance with the law.

Best regards,
Jack Quinn, editor
Arizona Road Cyclist News www.azroadcyclist.com
PS/ This e-mail and any replies from any representative of the Town of Paradise Valley will be published unless otherwise agreed in advance.

Hidden HIlls Easement is Closed

The cyclist easement to Hidden Hills is now closed. Only residents may ride their bikes beyond the gates. This sign has been placed just outside the gates. Click on the picture to view it in a larger format.

Hidden HIlls Easement to Close

I regret to report that the Scottsdale Transportation voted to temporarily close the Hidden Hills cyclist easement until the connection is completed to Eagle Ridge Drive in Fountain Hills. Staff is to report back to the Commission at the January meeting with more details about when and how the connection can be completed, but it became obvious during the meeting that the connection is not going to be completed quickly. I should have more details and comments in the next Wednesday's of Arizona Road Cyclist News.

Hidden Hills Meetings

Susan Conklu from the City of Scottsdale sent me and several others this memo about two upcoming meetings to decide the fate of our access to Hidden Hills. -- Jack Quinn

Hi Jack,

A public open house has been scheduled to discuss temporarily suspending the use of the public bicycle and non-motorized easement to bicyclists on 145^th Way, a private street in Hidden Hills, until a connection in Fountain Hills is built. 

The open house is scheduled from 6 to 7:30 p.m. Thursday, Sept. 22 at Via Linda Senior Center, 10440 E. Via Linda. 

This request is being considered to address concerns related to the use of a public easement located in a private, gated community.  This action would have no impact on the Sunrise Trailhead or the trail in the wash to the east of 145^th Way.  It would not impact pedestrian access on the sidewalk along 145^th Way.

Feedback gathered from this open house will be compiled and presented at the next Trails Subcommittee meeting at 9 a.m. Thursday, October 6 at the Public Safety Building (Arizona Room) at 8401 E Indian School Road.

The contacts for this project are Reed Kempton, Principal Transportation Planner, via email to rkempton@scottsdaleaz.gov or 480-312-7630 and Susan Conklu, Transportation Planner, at sconklu@scottsdaleaz.gov or at 480-312-2308.

Thank you,

 

Susan Conklu, Transportation Planner

City of Scottsdale

Transportation Planning

480-312-2308

sconklu@scottsdaleaz.gov

Preston Miller's Memo on Hidden Hills

Preston Miller of Tri Scottsdale wrote the following memo to the City of Scottsdale. Following the memo are some facts he put together on the Hidden Hills situation. -- Jack Quinn

June 7, 2011

Memorandum on the 145th Way Cycling/Pedestrian Easement

To: City of Scottsdale, Transportation Dept. and Planning Commission

From: Preston Miller

In the past month, representatives of the City of Scottsdale Transportation Dept. met with a number of cycling clubs and groups about a request from the Hidden Hills HOA to close the cycling/pedestrian easement on 145th Way. The easement has been an issue since Hidden Hills was completed.  The origin and need for the easement has been well documented over the years as part of a Master Plan for community connectivity.  The request for closure by the Hidden Hills HOA is based on a need for safety, and, of course, respect for this private community.  They believe some of the cyclists who use 145^th Way  are speeding or riding in a reckless manner, and have hired a security company to measure the speed of cyclists on selected days.  It has also been noted that a few cyclists, in order to miss the speed bumps installed by Hidden Hills, go onto the sidewalk, or simply jump the speed bumps.  During the same period, the speed limit was reduced from 25 mph to 20 mph.  All involved parties agree that only a small percentage of cyclists are committing these infractions.

We, the leaders of various cycling groups in the area, believe we can make a much stronger case to preserve the easement than the HOA can make to either temporarily or permanently close it.  First of all, the community layout, including road width and frontage, was approved years a go when the developer agreed to the easement as a trade-off for the city to abandon the plan for Via Linda.  The city has also assisted Hidden Hills in developing a plan to improve safety on 145^th Way, including $70,000 to study and install speed tables.

Safety is always the primary concern for cyclists and we, as groups or individuals, would not ride someplace we considered unsafe.  In fact, since the Hidden Hills community opened and even before, when Via Linda was extended, there have been very few accidents on this extremely popular route. 

The representatives of the Hidden Hills HOA have asked why this hill and this 7/10 of a mile is so important to the cycling community.  Surprisingly, there are not many hills available to cyclists within easy riding distance from downtown Scottsdale or even Scottsdale and Shea.  But most importantly, this 7/10 of a mile represents the future of Scottsdale cycling.  It has been designated as the only future connecting link to Fountain Hills and beyond.  Giving it up permanently would necessitate an alternate plan.  Giving it up temporarily would essentially be the same, since there is no guarantee, no matter what is promised now, that the city could get it back.

Obviously, there is no single entity representing the entire cycling community, but we are working diligently to include as many groups and individuals as possible into a coalition to promote safety and good behavior by cyclists in Hidden Hills, and the entire area.  We have already begun acting as a “courtesy patrol” during selected weekend hours and high volume weekdays.  We sincerely Hidden Hills can be the model for a cycling community.

Preston Miller's Hidden Hills Easement Observations Supporting Above Memo

 

Safety:  Cyclists riding in Hidden Hills find it extremely safe compared to other streets in the area.  Traffic is minimal and visibility is very good.  Cyclists can easily see vehicles backing out of driveways.  Visibility for drivers backing out of driveways could be significantly improved if cars were prohibited from parking in the street overnight.

Traffic volume:  Currently, bike traffic has been reduced because some cyclists have chosen not to ride over the speed bumps in Hidden Hills.  Those who do ride to the top turn around and go back down, the round trip taking about 8 minutes.  On weekdays, the organized rides are in and out in about 20 minutes total.  On the weekends, there are more individual cyclists, resulting with less dense traffic over a several hour period.  Recently, on a Sunday morning, approximately 50 cyclists rode up to the gate, with about 30 cyclists entering, during a one hour period.

7/10ths of a mile:  Why is this short hill so important to cyclists?  The hill cyclists use begins at 136^th St. and includes Via Linda and 145^th Way.  The total is 2.1 miles, so the gated portion is 1/3 of the hill.  But, most importantly, this .7 miles represents 100% of the City of Scottsdale plan for connectivity between Scottsdale and Fountain Hills.  The plan has been in place for years, and there is no other option being considered. 

Why this hill?:  Yes, there are other hills in Scottsdale, but unless you are willing to drive north to start, or ride an hour to get there, there are not many 2 mile hills with such a desirable grade.  Cyclists have been using Via Linda, east of 136^th St. since it was built.  Same goes for the extension, 145th Way.

Speed bumps:  The speed bumps were installed two years ago and cyclists immediately began going around them in the concrete gutter area.  The leading edges of the rubber speed bumps were nearly vertical and could harm bike wheels or cause pinch flats.  Not long after that, the reflectors were added in  a “Z” pattern, making it difficult for bikes to go there.

Speeding:  Cyclists and cars are governed by the same traffic laws and must obey speed limits.  The speed limit inside Hidden Hills is 20 mph.  Observing traffic in  Hidden Hills, cars and bicycles seem to exceed 20 mph between the speed bumps, but slow to well below 20 mph to cross them.  In the lower section of the gated area, cars and bikes seem to speed up before last speed bump, and again before the gate.  There are no driveways in this section, so perhaps it is just human nature.  The speeds detected by the contract security company included no data for cars.

Rude Conduct:  In the past two years, especially since the last public hearing regarding the easement, there have been isolated incidents of rude behavior.  Some cyclists made vulgar gestures to vehicles that passed too close.  Some vehicles would speed past cyclists on the downhill, then jam on the brakes just before the speed bumps, causing the cyclist to either stop suddenly or swerve around the car.   Any confrontational conduct just worsens and escalates the situation and must not happen.