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Old 04-18-2012, 02:29 PM   #1
habs
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Default Summons to court bike leaning a bike on a wall!

I just got issued a Summons under Municipal Bylaw 52M87 section 6 (3) 'Bike not on Rack' while stopping off at Caffe Rosso to grab a cup of coffee.

I'm all for keeping society safe - but my bike was leaning up against a wall. The officer was smirking and loving every second of it. I kinda feel like this is our tax money being squandered away... why not just inform me of the bylaw and educate me? My court hearing is May 16th.

Do you have any advice you can throw my way?
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Old 04-18-2012, 02:30 PM   #2
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How does it work exactly? Does he ask for ID? What if you don't have any? Could you just tell him your name is Rolo Tamasi?
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Old 04-18-2012, 02:30 PM   #3
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Originally Posted by habs View Post
I just got issued a Summons under Municipal Bylaw 52M87 section 6 (3) 'Bike not on Rack' while stopping off at Caffe Rosso to grab a cup of coffee.

I'm all for keeping society safe - but my bike was leaning up against a wall. The officer was smirking and loving every second of it. I kinda feel like this is our tax money being squandered away... why not just inform me of the bylaw and educate me? My court hearing is May 16th.

Do you have any advice you can throw my way?
Not to worry. Your fine payment should be enough to recover any squandered tax money.

My advice: just contest the ticket and hope that the bylaw enforcement officer doesn't show up for the trial. I would estimate that you have at least a 50% chance of winning on that basis alone.
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Old 04-18-2012, 02:34 PM   #4
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How does it work exactly? Does he ask for ID? What if you don't have any? Could you just tell him your name is Rolo Tamasi?
= obstruction of justice offence.
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Old 04-18-2012, 02:34 PM   #5
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i for one am glad they are cracking down on this type of crap - leaning bikes a severe hazard to all of us........
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Old 04-18-2012, 02:35 PM   #6
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I for one am glad they're finally ticketing cyclists.

Lawless bunch of basterds those cyclists. They're a public menace.

Get 'em for whatever you can!
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Old 04-18-2012, 02:37 PM   #7
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How far away was the coffee shop?

It is my understanding that if you are less than 2 blocks away normal laws don't apply, especially for things like seatbelts, leaning bikes etc.

Last edited by Cecil Terwilliger; 04-19-2012 at 08:01 AM.
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Old 04-18-2012, 02:44 PM   #8
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Old 04-18-2012, 02:55 PM   #9
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Do you, or have you ever used your bike for groceries??
Section 7, subsection 3 states that "Nothing in this Section shall apply to a ... two-wheel grocery cart."
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Old 04-18-2012, 02:58 PM   #10
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Quote:
Originally Posted by habs View Post
I just got issued a Summons under Municipal Bylaw 52M87 section 6 (3) 'Bike not on Rack' while stopping off at Caffe Rosso to grab a cup of coffee.

I'm all for keeping society safe - but my bike was leaning up against a wall. The officer was smirking and loving every second of it. I kinda feel like this is our tax money being squandered away... why not just inform me of the bylaw and educate me? My court hearing is May 16th.

Do you have any advice you can throw my way?
was there a rack for your bike there? If so, you're probably screwed.
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Old 04-18-2012, 03:11 PM   #11
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Originally Posted by Makarov View Post
My advice: just contest the ticket and hope that the bylaw enforcement officer doesn't show up for the trial. I would estimate that you have at least a 50% chance of winning on that basis alone.
I thought that loophole was eliminated a few years ago?
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Old 04-18-2012, 03:13 PM   #12
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Are you a bike courier? I've noticed the police are a lot tougher on bike couriers than the ride-into-work crowd. It's almost like they have a grudge against them and will ticket them for even riding their bike 2 feet onto stephen ave.
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Old 04-18-2012, 03:23 PM   #13
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I thought that loophole was eliminated a few years ago?
Its not really a loophole so much as an evidentiary requirement. If the city wants to prove that the accused broke a bylaw, they need to prove it through the evidence of their witness (i.e., the bylaw officer who is probably too lazy to show up to court.)
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Old 04-18-2012, 03:35 PM   #14
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Originally Posted by Cecil Terwilliger View Post
How far away was the coffee shop?

It is my understanding that if you are less than 2 blocks away, normal laws of physics and gravity don't apply, especially for things like seatbelts, leaning bikes etc.
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Old 04-18-2012, 09:28 PM   #15
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Just write a 4 page physics paper that disproves that the bike was actually leaning.
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Old 04-18-2012, 09:38 PM   #16
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Quote:
Originally Posted by northcrunk View Post
Are you a bike courier? I've noticed the police are a lot tougher on bike couriers than the ride-into-work crowd. It's almost like they have a grudge against them and will ticket them for even riding their bike 2 feet onto stephen ave.
Probably because bike courier's are crazier then normal cyclists and have zero regard for anyone else on the road.
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Old 04-18-2012, 10:23 PM   #17
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Originally Posted by habs View Post
I just got issued a Summons under Municipal Bylaw 52M87 section 6 (3) 'Bike not on Rack' while stopping off at Caffe Rosso to grab a cup of coffee.

I'm all for keeping society safe - but my bike was leaning up against a wall. The officer was smirking and loving every second of it. I kinda feel like this is our tax money being squandered away... why not just inform me of the bylaw and educate me? My court hearing is May 16th.

Do you have any advice you can throw my way?
I think you could prove that the bike wasn't "left on the mall". It was under your observation and within your control at all times. How else was the "officer" able to determine that it was your bike. If you had just left it on the wall, it would likely have been stolen.

Are there an adequate number of bike parking spots on the mall? Are they secure? Were they full? How far was the rack from the wall? What color was your bike, did the bike have a motor on it? If so it may be classed as a moped, not a bicycle. Does the officer understand all the differences between classes of bikes and motored bikes. Chances are he doesn't and won't be a credible witness when properly questioned. Ask as many questions of the officer as you can. The more he gets wrong, the less credible he is and higher chances of dissmissal. It helps to have evidence - pictures of the area, pictures of full bike racks or no bike racks. Figure out how to properly submit these as evdence.

The above is if you actually go before the court. Research discovery and what things you can demand they provide. Ask for dismissal if they don't get you this info. Ask for continuance - likely the offcer will have a lot of appearances scheduled for the same day. Continuances will put it to a day where he may be less likely to show up.
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Old 04-18-2012, 10:40 PM   #18
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How do they know it was your bike? You hippies have bicycle license plates these days?
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Old 04-18-2012, 10:52 PM   #19
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What if the wall was leaning on your bike?
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Old 04-18-2012, 11:01 PM   #20
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Am I the only one who was previously unaware you could get a ticket for this?
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