Monday, September 14, 2009

New Web Site for Chicago Bicycle Laws.

lawyerjimfreeman.com is live. My web design barbarians have been working hard pounding out a new website that we hope will provide easier access and organization of the information on this page. All of the information on this page will be moved to the firm website.

Wednesday, August 19, 2009

Deerfield Bicycle Laws

Deerfield has it's own fairly comprehensive bicycle laws on the books. Some things to keep in mind are:

  • White headlight AND white front reflector as well as a red rear reflector are required
  • Persons under 16 are required to use helmets
  • Kids under 12 must use the sidewalks along Deerfield Road or Waukegan Road or County Line (Lake-Cook) Road
  • In business districts bicycles may be ridden on sidewalks
  • Riders must ride single file
  • No cycling under the influence of drugs or alcohol
  • No riding no-handed


Sec. 22-121. Safety equipment of bicycles.

Every bicycle operated upon any street, sidewalk, alley or public way or place shall be in such mechanical condition and equipped as follows:

(a) Mechanical condition. No person shall operate a bicycle which is not in such mechanical condition so that it can be safely operated. (M.C. 1963, Sec. 20.715 and Ch. 20A)

(b) Brakes. Every bicycle shall be equipped with a brake adequate to control movement of and stop and hold such bicycle. (Ord. 0-77-65, 10-17-77)

(c) Lights and Reflectors: During the period from sunset to sunrise, every bicycle operated in the Village shall be equipped with the following lights and reflector equipment: on the front of said bicycle with a lighted lamp which shall be emitting a white light visible from a distance of at least 500 feet to the front and with a clear reflex reflector button not less than one and one half inches (1 1/2") in diameter on the front visible to the front; and on the rear of said bicycle with a red reflex reflector button not less than one and one half inches (1 1/2") in diameter which shall be at all times unobstructed and visible to the rear from a distance of at least 300 feet. A lamp emitting a red light visible to the rear may also be used. The lights and reflectors herein provided for shall be securely fixed and attached to the bicycle and no flashlights shall be substituted therefor. (M.C. 1963, Sec. 20.715 and Ch. 20A)

(d) Sirens Prohibited. No bicycles shall be equipped nor shall any person use upon any bicycle any siren, gong or whistle. (Ord. 0-77-65, 10-17-77)

(e) Equipment Required Upon Sale of Bicycle: (M.C. 1963, Sec. 20.715 and Ch. 20A)

(1) No person shall sell a bicycle that is not equipped with the equipment provided for in Section 22-121(b) and that portion of Section 22-121(c) dealing with reflectors. (Ord. 0-77-65, 10-17-77)

(2) No person shall sell or offer for sale a new bicycle or a bicycle pedal that is not equipped with a reflex reflector on each pedal visible from the front and rear of the bicycle during darkness from a distance of at least 200 feet.

(3) No person shall sell or offer for sale a new bicycle that is not equipped with side reflectors which shall consist of an amber colored reflector mounted or affixed to the front of the center of the bicycle and a red reflector mounted or affixed to the rear of the center of the bicycle; such reflectors to be visible from each side of the bicycle from a distance of at least 500 feet. After January 1, 1975, these side reflector requirements may be met by reflective material at least 3/16 of an inch in width, being amber and red in color and attached or affixed to the front and rear tire or rim, to indicate, as clearly as possible, the continuous circular shape and size of the tires or rims of such bicycle. (M.C. 1963, � 20.715, Ch. 20A)

Sec. 22-121A. Helmets Required:

(a) Every person under the age of sixteen (16) years shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the American Society for Testing and Materials or the Snell Memorial Foundation, Inc., whenever that person is upon a public highway, sidewalk, bicycle path or other public right of way within the corporate limits of the Village and is riding or being carried on any bicycle or any carrier attached to or pulled by a bicycle, or is skateboarding or using in-line skates.

(b) The provisions of Section 22-160A of this Chapter shall apply to any violation of any provision of subsection (a) of this Section, provided, however, notwithstanding anything contained herein or in said Section 22-160A of this Chapter to the contrary, compliance may be demonstrated within ten (10) days following issuance of a compliance ticket at the Village Police Station by proof of possession of a helmet that meets the standards specified in subsection (a) of this Section; and, solely with respect to the first such violation, there shall be no requirement to pay any fee as specified in Section 22-160A of this Chapter.

(c) A violation of this Section shall not constitute negligence, contributory negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, or participation in skateboarding or in-line skating, nor shall anything in this Section change any existing law, rule or procedure pertaining to any civil action. (Ord. 0-97-29, 7-7-1997)

Sec. 22-122. Operation Of Bicycles:

Bicycles are hereby classed as vehicles and every person operating a bicycle in any public way in the Village shall be subject to the provisions of the State vehicle laws and all traffic ordinances except such provisions in conflict with this Chapter or which by their nature can have no application.

(a) Obedience To Traffic Directions: It shall be unlawful for any person operating a bicycle to fail or refuse to comply with any order, signal or direction of a police officer, or to disobey the instructions of any official traffic sign, signal or other traffic-control device.

(b) Riding On Bicycles:

(1) A person operating a bicycle shall not ride other than upon or astride the permanent and regular seat attached thereto, nor carry any other person upon such bicycle other than upon a firmly attached regular seat thereon, nor shall any person ride upon a bicycle other than as above authorized.

(2) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

(c) Speed: No bicycle shall be operated at any time faster than is reasonable, proper and prudent under the conditions then existing, and every bicycle shall be operated with reasonable regard to the safety of the rider and of other persons, property and vehicles.

(d) Riding On Sidewalks:

(1) No bicycle shall be operated by a person under twelve (12) years of age along and upon Deerfield Road or Waukegan Road or County Line (Lake-Cook) Road within the corporate limits of the Village, except on the public sidewalks adjoining said roadways.

(2) Due and proper care shall at all times be exercised by the bicycle operator for the pedestrians. Under all circumstances, bicycle operators, riding or walking their bicycles, shall yield the right of way to pedestrians using a sidewalk or path. When approaching a pedestrian(s) on the sidewalk, an audible signal shall be given at least twenty five feet (25') distance from the pedestrian(s) and the speed of the bicycle shall not be increased until the pedestrian(s) has been passed.

(3) In business districts bicycles may be ridden on sidewalks.

(e) Riding On Right: Every person operating a bicycle shall keep to the right and shall operate as nearly as practical at the right-hand edge of the path, sidewalk, street or roadway.

(f) Riding In A Group: When more than two (2) persons in a group are operating bicycles on a street or roadway, they shall ride single file and it shall be unlawful for them to ride abreast of each other.

(g) Stopping Or Turning: The operator of a bicycle on a roadway, when making a right turn, shall follow the right-hand edge of the roadway, and the operator of a bicycle on a roadway, when making a left turn, shall proceed to the far side of the intersection, bring the bicycle to a complete stop and look in both directions prior to turning. No operator of a bicycle shall start, slow down, stop or attempt to turn without first indicating such movement as provided by State laws for the operation of a motor vehicle.

(h) Coming Out Of Alleys, Driveways Or Buildings: The operator of a bicycle coming out of an alley, driveway or building shall stop before riding on or across a sidewalk or into a street or roadway if the view is obscured. Such operator shall, in all cases, yield the right of way to all pedestrians approaching on said sidewalk, and to all vehicles approaching on said street or roadway.

(i) Clinging To Vehicles: It shall be unlawful for any person operating a bicycle to cling or to attach himself, or the bicycle, to any other moving vehicle or object.

(j) Carrying Articles: No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping both hands upon the bicycle handlebars.

(k) Under Influence Of Liquor Or Drugs: It is unlawful for any person to operate a bicycle within the Village while under the influence of liquor or drugs.

(l) Trick Riding: It shall be unlawful for any person operating a bicycle on the public streets, sidewalks, roadways or on any public way to engage in any kind of trick or unsafe riding, including, but not limited to, riding without the use of any hands on the handlebars.

(m) Prohibited Areas For Bicycles: Bicycles are prohibited to be operated in any area where appropriate signs are posted. (M.C. 1963, � 20.715, Ch. 20A)

Sec. 22-123. Parking Bicycles:

(a) It shall be unlawful to park any bicycle along buildings in such manner as to interfere with pedestrians, or along roadways where they may interfere with traffic or with persons getting into or out of motor vehicles. No person other than the owner or operator shall move, or in any manner, interfere with any bicycle properly parked, nor shall any person interfere or, in any manner, hinder any person from properly parking a bicycle, except that members of the Police Department and Fire Department may move, or, in proper cases, prevent the parking of the bicycle, when, in the judgment of the policeman or fireman, his action is necessary in order to properly safeguard persons or property.

(b) The Chief of Police will cause bicycle parking racks to be installed at places to be determined by him within the central business district. No bicycle shall be parked within one hundred feet (100') of such bicycle parking racks except in said racks. (M.C. 1963, � 20.715, Ch. 20A)

Monday, August 17, 2009

Western Springs Bicycle Laws

Items to consider in Western Springs:
  • Bicycles owned by residents of Western Springs must be registered
  • White headlight and red rear reflector are required
  • Brakes are required
  • Bicycles must have a bell or horn
  • No riding on sidewalks in business districts

7-6-2: REGISTRATION REQUIREMENTS:

A. Registration Required: Bicycles owned by residents of the Village and operated within the Village limits shall be registered. (1978 Code § 9-9-2)

7-6-8: TRAFFIC LAWS APPLICABLE:
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this State declaring rules of the road applicable to vehicles or by the traffic ordinances of this Village applicable to the driver of a vehicle, except as to special regulations in this Title and except as to those provisions of laws and ordinances which by their nature can have no application. (1978 Code § 9-9-9)

7-6-10: RIDING RULES:

A. Riding On Seats Required: No operator of a bicycle shall ride thereon otherwise than upon the regular, permanent seat attached thereto, nor carry any other person thereon except upon a regular permanent seat firmly attached thereto at the rear of the operator. No passenger shall ride on any bicycle except upon such regular permanent seat.

B. Number Of Persons: No bicycle shall be used to carry more persons than the number for which it is designed or equipped.

C. Ride To The Right: Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

D. Carrying Packages: No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars.

E. Riding On Sidewalks:

1. Business District: No person shall ride a bicycle upon the sidewalks in the business district of the Village.

2. Yield To Pedestrians: The operator of a bicycle when riding upon the sidewalk shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (1978 Code § 9-9-11)

7-6-12: BICYCLE EQUIPMENT:

A. Lights: Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet (500') to the front and with a red reflector on the rear of a type which shall be visible from all distances from fifty feet (50') to three hundred feet (300') to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet (500') to the rear may be used in addition to the red reflector.

B. Horn: Every bicycle shall be equipped with a horn or other audible signalling device, or a bell or other device in good working condition, capable of giving a signal audible for a distance of at least one hundred feet (100'); except, that a bicycle shall not be equipped with nor shall any person useupon a bicycle any siren or whistle.

C. Brakes: Every bicycle shall be equipped with adequate brakes in good working condition, which will enable the operator to make the wheels skid on dry, level, clean pavement. (1978 Code § 9-9-13)

My source is here.

Wednesday, August 12, 2009

Naperville Bicycle Laws

Naperville basically adopts the laws applicable to bicyclists in the Illinois Motor Vehicle Code.

11-4-3: LIMITATIONS; BICYCLES, SKATEBOARDS, ROLLER SKATES AND IN-LINE SKATES:

1.The rules for riding and operating bicycles shall be as set forth in provisions of the Illinois Vehicle Code pertaining to bicycles adopted by reference by Section 11-1-1 of this Code unless otherwise provided herein.

2.No bicycles shall be operated upon any sidewalk in the Central Business District or shopping center within the City. (Ord. 94-166, 9-6-1994)

See my source here.


Monday, August 10, 2009

Bike Salmon- Bad Idea

Bike Snob may or may not have coined the term, Bike Salmon, but it's perfect for the application. Bike Salmon refers to bikers who ride the wrong way down a one way street. While I appreciate that it's not always possible to obey every single law, this is one aspect where violating the law is a really bad idea for a whole slew of reasons.

First off, motorists are not expecting a cyclist to ride the wrong way down a street. They are more likely to hit bike salmon for that reason. If a motorist does hit a bike salmon, they'll argue that the accident was the bike salmon's fault for traveling the wrong way, and effective defense in front of a jury of drivers.

Second, bike salmon pose certain risks to law abiding bikers. I have personally had to go out into traffic to avoid aggressive bike salmon, and it's not right that a law abiding cyclists should be put in danger by a bike salmon.

Third, bike salmon play into biases and prejudices against bikers in general. We have it tough enough when it comes to how the general public perceives cyclists, don't do things that play into existing biases about cyclists such as blowing lights, spitting on cars or riding the wrong way down the street. Set a good and civil example for others. That's the best way to overcome prejudices against bikers.

Monday, July 27, 2009

Legal Cycling Talk with the Lake County Bicycle Club

On Tuesday, July 28, 2009, I will be giving a talk and presentation to the Lake county Bicycle Club. I'll be speaking about what to do in the event of an accident, common types of accidents and how to avoid them. The presentation will start at 7:00pm and last about one hour.

Libertyville Civic Center
135 W. Church Street
Libertyville, IL

Tuesday, July 21, 2009

Dogs and Bicycles.

When I gave a legal cycling presentation to the Wheeling Wheelmen last spring, the group was very concerned about dogs. Anyone who has done some rural touring has probably been chased by more than one dog.

I'll never forget the time a huge dog latched onto my pannier in rural Tennessee. It almost pulled me down, and it ripped my first aid kit off. I got the distinct impression that if the dog had landed me it would have been a bad scene. Luckily I was able to get away with the rubber side down.

What are your rights if you are injured by a dog?

The dog's owner is responsible for injuries caused by their dog. A person who assumes the responsibility of dog ownership also assumes any liability for harms caused by the dog.

Most dog cases in Illinois arise from situations in which dogs bite or attack someone. Under Illinois Law a dog owner is liable for any such injuries caused by their dog unless the dog was provoked to attack.

Bicycle/dog cases are not necessarily the normal dog bite cases becuase dogs pose unique risks to bicyclists. Even without attacking a dog can still cause a bicycle to crash if it chases you or runs into your path. The intent of the dog is not important. If the dog attacks you, the owner is liable unless you provoked the attack. If the dog runs happily into your path, causing you to wreck, the owner should be liable for failing to properly restrain their dog.

Incidents with dogs should be treated as all other accidents. Call the police and file a police report. Get the owner's information. Seek medical treatment. Take pictures and preserve evidence.