parked illegally?
(Photo: Stephen Upchurch)
Reader Stephen Upchurch sent us an email today wondering if a threatening note he got about bike parking was legit.
Stephen locked to a gas pipe in front of the Brew House & Tower Building in Northwest Portland last week and when he returned to his bike he found this note:
Here’s the text in case the image above is illegible:
Under no circumstances are bicycles to be locked to building handrails, benches, trees or gas lines. Bikes are only permitted to be locked to bike racks city sign posts.
If your bike is found to be locked to an improper location again, we will cut the lock and impound your bike.
The note was left by an employee of Pacific Patrol Services, a company hired by the building’s managers. Stephen said he’s not upset by the incident, he’s just curious if the security company has the legal right to carry out the threat. “And if so,” Upchurch wrote, “under what circumstances or statutes?”
I gave the number on the note a call and spoke with a Pacific Patrol employee. He confirmed that they left the note and said that he’s “not sure what the City ordinance is,” but that, “anything attached to the building is private property”. He said they’re mostly concerned about folks locking up to handrails and other areas in the building’s breezeway due to liability and ADA compliance concerns (totally understandable).
to park, gas line pipes suffice.
The security employee said he’s handed out “three or four” of the notices in the last week alone and that he’s cut locks and impounded bikes only “once or twice” in the last two years. When I asked, “Don’t you think it’d be a better solution to just get a few more staple racks?”, he said, “that’s up to the building owners”.
To find out what City code says about the issue, I asked the Bureau of Transportation’s bike parking program manager Sarah Figliozzi. She said, “…the city’s laws only say that you can not block pedestrian or vehicular movements or operation of parking meter or newspaper rack.”
“No person may: Leave a bicycle so that it obstructs vehicle or pedestrian traffic on a roadway, sidewalk, driveway, handicap access ramp, building entrance, or so that it prevents operation of a parking meter or newspaper rack;”
–City Ordinance 16.70.320
Figliozzi also added that “cyclists may not park bikes on private property without owner consent” (she got first-hand experience with this when she parked on a railing near Pioneer Place Mall and returned to find her bike locked and a similar note attached. A stern lecture later and she promised to never do it again.)
Figliozzi pointed out City ordinance 16.70.320 (the “Operating Rules” listed in the “Bicycles” chapter). That ordinance states (in part) that no person may:
A. Leave a bicycle so that it obstructs vehicle or pedestrian traffic on a roadway, sidewalk, driveway, handicap access ramp, building entrance, or so that it prevents operation of a parking meter or newspaper rack;
B. Leave a bicycle secured to a fire hydrant or to a police or fire call box;
C. Leave a bicycle on private property without consent of the owner or legal tenant. Consent is implied on private commercial property;
D. Leave a bicycle on a street or other public property for more than 72 hours; or
The ordinance on impounding bicycles (16.70.330) states that a bike can be impounded if someone violates any of the above ordinances (or if the bike is an “immediate threat to the public welfare”). Also in the impounding ordinance, is language that the “impounding agency” must make “reasonable efforts” to notify the owner about it. The impounder also has the right to charge a fee to the owner of an impounded bike (unless the bike has been stolen).
So, all legalese aside, it seems like this comes down to whether or not your bike is attached to the building’s private property (and how sensitive to your parking plight a building’s security staff is). In most cases, gas lines are likely to be considered private property, however, I found nothing that says a building’s security staff has the right to impound your bike if it’s locked to a City-maintained street tree.
This story also reminds us that, despite there best efforts, the City needs to install more bike parking downtown.
Thanks for reading.
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This story also reminds us that, despite [their] best efforts, the City needs to install more bike parking downtown.
And also that some people are total dicks who feel the need to f$ck with bicyclists even though the bicyclist has parked his or her bike in such a way that it is hurting no one.
Common sense would say that one should never hook up to a gas meter anyway. If there’s ever a gas emergency (e.g., a gas leak anywhere on that property), someone will need unimpeded access to that gas meter.
Same goes for handrails wrt to ADA needs.
But as long as your anchor has no impedance on customer or employee needs or safety, I doubt too many businesses would be draconian about enforcement.
Is worrying about the health effects of bikes and bike locks to young trees a legitimate concern?
@John Lascurettes:
I completely agree with the idea that gas lines should be off limits. It’s debatable who owns the meter (I believe that the gas company owns the meter, someone with better knowledge weigh in), but it’s crystal clear that blocking the meter falls under the similar issue as locking your bike to a fire hydrant, police box, etc. It’s not an imminent safety hazard, but it’s still very poor bike citizenship.
Clearly the issue is the need for additional, approved places to park. Perhaps the city should start a program to encourage businesses to offer better bike parking, with clear support from the city on how to make this possible.
Many business owners have no idea what the city would allow for bike parking(for example: can a business put up bike parking on a public sidewalk, and if so, where, when, how big, etc.) If the city could clearly define what businesses can do, and promote this to the businesses, I’m sure more businesses would be happy to offer better services to their customers.
A young tree’s health will suffer when that tree is cut down in order to free your bicycle.
Still TREES? Street trees are usually in the sidewalk, in the public right of way, and/or easements. Concerning the health of trees with regard to locks: If the same care is given to the tree as is given to a bicycle’s paint then the tree will not be harmed. I work with trees and lock to them all the time, secure in the knowledge that the tree and my bike are fine.
sadly, private property is just that, private.
The owner can certainly tell you where and where not to lock your bike.
But you can certainly tell them what you think about it.
And you have as much right to charge for the cut lock and time lost due to such an issue, as the owner does to cut your lock and impound your bike.
The most obvious thing is that this bike was locked to the gas piping.
On that note, This is entirely Stephen’s fault.
He doesn’t really have the right to bitch about it.
He made a bad choice in where he locked his bike.
Move it and get over it..
#1-And also that some people are total dicks who feel the need to f$ck with bicyclists even though the bicyclist has parked his or her bike in such a way that it is hurting no one.
I hardly see how leaving a note for a biker who locked their bike to a gas pipe is ‘f$cking with bicyclists‘. It would seem that common sense dictates to not lock your bike to any kind of gas device. The problem is when cyclist have such attitude that they assume any kind of oversight thrown their way amounts to ‘getting f$cked with’.
Please note that IMHO the subject of the article asks their question in a totally valid way and is not displaying any attitude.
A former messenger who decries locking to a gas pipe…Dabby, you are truly one in a million. Bravo.
Gas meters?! You have got to be kidding. What if there is an emergency? You could be putting the lives of hundreds of people at risk if there is a leak in the building and your bike and lock prevent them from shutting off the gas in a timely manner. Not to mention the legal liability you expose yourself to if you were responsible for hundreds of millions of dollars in damage if an apartment building downtown were to explode because of your actions.
Well, maybe a bit melodramatic, but I’ve learned you just don’t fuck with gas. 🙂
Regarding trees – I would urge people not to lock their bikes to trees for the simple reason that thieves will have incentive then to CUT THE TREE DOWN for an easy steal. It takes maybe 1 minute with a pruning saw to cut through a 4″ trunk.
Handrails should be obvious, as they are protected by the Americans with Disabilities Act.
Common sense people, common sense. Bicyclists aren’t infallible, so please think of the consequences.
What about the “Consent is implied on private commercial property” line in section C?
Shouldn’t a privately-owned commercial building allow people to lock bikes where they can, then?
Yes, the gas meter is property of NWN, (Northwest Natural) and all meters and S&I boxes should be left clear and unobstructed. Not just for maintenance and safety reasons, but for the meter readers as well.
Private property is after the Meter, once the gas passes that meter, it’s been bought and paid for.
It’s kinda the same rule applies for water, if anyone has ever had a leak on the house side of the meter, your paying for repairs out of your own pocket. if the leak is on the curb side of the meter, the city or water company pays for said repairs.
Weighing in from Corvallis, I recently had a conversation with the contractor in charge of some remodels in a local shopping center. #4 John points out the need for more bike parking. In this complex they added one new rack for maybe three bikes that is just barely far enough from the front wall to be usable in order to leave clear passage for foot traffic. When I suggested a nearby spot, he was sympathetic, but said that city codes required that the new racks be covered. The only other bike parking nearby was some old “wheelbender” racks with no covering structure. The gentleman was sympathetic, but his hands were tied.
Portland has a nice website about bike racks (http://www.portlandonline.com/transportation/index.cfm?c=34813&a=58409), and the requirement for cover doesn’t seem to be as restrictive as Corvallis. I thought you had someting up there about the City installing them on public sidewalks upon request and at no charge.
I’ve found in some cases, the business owner just isn’t aware that they don’t have adequate bike parking. We go to the Walgreens on 21st and Burnside all the time. We got sick of locking our bikes to the railing, so my husband sent the manager an email letting her know that they didn’t have a bike rack and that we really needed one. She not only ordered one that day, she went further to make sure all Walgreens in Portland had bike parking. now when I go to Walgreens there is always at least one bike locked to the rack. I think some business owners just aren’t aware of how many of their customers actually arrive by bike, and therefore don’t see the need to invest in one. If I remember right, I think she said it was only $100, so a pretty small investment really.
Yeah, locking to a gas meter might not be that bad, but what if you lock it to a fence, like the metal ones at the edge of courtyards in apartment buildings? According to the ordinance (part C), you have to have permission of either the building owner or a legal tenant. So if you get one of those notes while visiting a friend, or if you live at a place like that and have to lock your bike up on the fence, I’d think you’re in the right. Would be an interesting conversation with security or the owner.
Ever notice when you drive downtown and find parking within 2 or 3 blocks, you feel lucky, but if you can’t find a bike rack within 1/2 block, you’ll lock your bike to just about anything? (Or maybe it’s just me…?)
You question under the photo caption was, “Is Stephen Upchurch’s bike
parked illegally?”
I have to say it was legally parked. The bike was on a public sidewalk according to the legalese from the city.
“C. Leave a bicycle on private property without consent of the owner or legal tenant. Consent is implied on private commercial property;”
The answer lies in where this buildings property starts or ends since the bike was on public property but “locked to” what the building considers it’s private property. In most cities utilities remain in the domain of the utility until it enters the property.
Use the greatest power at your disposal. Go to Amnesia Brewing instead. They have lots of bike parking. Call the Brewery and let them know what they are missing out on. Enough people call, and there will be more bike parking.
Actually, utility structures such as gas meters, power poles, and so forth are private property – the property of the utility in question. The utilities are granted use of the public right-of-way by the local government, but they are still technically private property.
Good point, redhippie.
On the positive side, you can be sure that no sane thief would dare try to cut through a gas pipe. At least one would hope.
Now what do I do when I go to a place like Taco Bell that has neither bike racks nor parking signs? I’ve been to some that the only thing to which it is even possible to lock is indeed the gas line. Good thing I never have any reason to go to Taco Bell.
The problem here is that while motorists can park their vehicles along the public right of way (which limits passage for everybody), bike riders usually have to find some rack or other structure to secure the bike to. When a single car parking space is converted into a bike parking space where a dozen or more bikes can be parked, some selfish motorists complain loudly. Somebody must be listening to these whiners.
When one driver can park his 2 ton vehicle in a spot that a dozen bikes could be secured to, local business suffers. And bike riders, not finding a bike rack, are forced to consider the gas pipe.
Free motor vehicle parking along our public roadways is just one of the multiple car subsidies that society as a whole bears. We need lots more car parking spots devoted to bike parking. It is wonderful to see this beginning to happen in Portland.
I’ve witnessed a gas leak caused by a bike having been locked to a line before, and I think it’s a real ass of a move.
Geezers remark about distance relative to cars or bikes bears true. Cyclists seem to be more concerned about distance between parking and destination. Cars are mobile lockboxes, and bikes tend to be much more vulnerable to theft, and the emotional attachment to a bike is every bit as powerful as a car to a motorist.
Getting more corrals and similar parking is a big part of the solution. Realistic expectations need to be part of the discussion too.
Has PDOT completed their policy revision about bike corrals yet? The last I heard it was still an unapproved draft policy, and that there were tons of corrals slated for this spring..( hopefully the St Johns corral is high on the list..)
Spring is just around the corner. Its time to start building more corrals. Consider it economic development. I do.
Jonathan, thanks for the research and presentation!
I returned to the pipe fixture that I locked to tonight to check out the specifics.
I think my mindset at the time is best exemplified by #16. All the racks and other options were taken. The fixture does not have a meter attached to it. I can only assume that the whole meter concept came from #2 cause Jonathan’s posting doesn’t mention a meter. The pipes come up out of the sidewalk on Couch and don’t visibly attach to the building anywhere. Now thats not to say it isn’t a poor choice in terms of safety. And I wasn’t going to the brewery either, I like Amnesia sure but I was actually getting some tea at the time. My reading of the city ordinance is that it wasn’t illegal and I think the security team there is a bit over zealous.
I have a question.
In a pinch, would it be legal for multiple bikes to make a an impromptu corral by locking together in a parking spot (provided they feed the meter)?
I mean, it’s legal for a motorcycle to use a parking spot is it not? What’s the difference.
I believe a meter cannot be fed for anything other than a motorized vehicle.
I always wonder about the legality of parking my bike in a car space while checking for cops before rolling up on the sidewalk to lock up.
Honestly, the laws and private policies and the reality of the situation are not on the same page.
I think it was considerate of them to leave a note. I may have cut the lock and moved the bike away from the meter. The meter is private property and can not be locked onto so the risk is for the cyclist.
If the brewhause were smart they would install a bike rack and double their business.
In the City’s website, I looked through: ‘parking enforcement’ and ‘neighborhood and business tools/bike parking’. It’s probably not illegal to pay for time in a street parking spot and park your bike there. Here’s a problem though…where you gonna put the sticker so no one steals it?
Property is defined by the property line.
In the picture above, the property line is at the building face. So the bike is on public property, as is the meter, which is owned by the public utility. Bldg owner has no statutory interest with that bike, but does have interest in not having his building blown up. I have never heard of a bike causing a natural gas explosion. It could happen I guess.
Gas lines should be off limits. In an emergency (earthquake), they will need to be shut off quickly to prevent/extiguish an ensuing gas fire or prevent an explosion. Also, some gas lines have automatic seismic shut-offs, so if someone jars the device it can shut-off the gas supply to the building. If I was responsible for a multi-million dollar building and the people within I would cut bikes off my gas line all day long.
I like to take my bike inside the store when they don’t have adequate bike parking.
Taking your bike inside of a business where it is not invited is like slapping the owner in the face and spitting on their customers.
This is just like the Segway people who just roll in and out of everywhere.
Icarus, not having bike parking is exactly the same to cyclists.
can i just up and bolt a bike rack to the sidewalk outside my house?
If I drive downtown on a friday night I might be lucky to park within 4 blocks of my destination. I am sure that somewhere within walking distance there is a place to lock a bike besides a gas meter. I wouldn’t worry about hurting the trees- they are pretty resiliant and I don’t see many people waling around with axes that might cut the tree down and steel your bike
Icarus Falling (#27) – The law doesn’t spell it out clearly, this is one reason why Steph Routh and others had some issues when they took over a parking space downtown over the summer. (Steph had her bicycle legally parked in the parking space, with wheels parallel to the curb within 12″ of the curb and parked in the direction of traffic. There was money in the meter) The statute says “vehicle”, not motorized vehicle, and there seems to be some debate in the police department (or at least the parking enforcement division) as to whether that includes bikes.