Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, September 28, 1994 TAG: 9409280052
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: DAN CASEY STAFF WRITER
DATELINE: LENGTH: Medium
There's been one small problem, though: The four mountain-biking officers have been breaking the law every time they steer their iron steeds onto the city's sidewalks.
City Council came to the bike patrol's rescue on Monday, unanimously making it legal for police to ride on sidewalks.
The new ordinance frees officers from breaking traffic regulations while trying to enforce other laws.
But it also leaves in force the ban on sidewalk riding for everyone else - including children using training wheels. A violation is punishable by a fine of up to $250, said City Attorney Wilburn Dibling.
City police say nobody complained about sidewalk cycling by police, nor did anyone point out that it was technically illegal.
Rather, the police themselves asked for the change, a legislative "housekeeping" measure that keeps city code current with up-to-date law enforcement methods.
Given the fact that the police enforce the law, the ordinance on its face may seem unnecessary. After all, it's unlikely officers are going to go around writing each other $250 tickets for sidewalk cycling.
But "I felt it was better to clarify the statute," said Police Chief M. David Hooper.
The bicycle patrols began in March with two officers. They were expanded in June to four, and the police hope to add two or three more cycling cops in the future, said Sgt. Pete Sullivan of the department's Community Oriented Policing Effort.
Sullivan argued the change was necessary from a liability standpoint. If a cycling officer injures a pedestrian, a lawsuit could result, he said. Under those circumstances, whether or not an officer was acting legally could make a difference in the outcome of the case.
The law as it stands now is rarely used. When it is, the police go after older teens and adults who "pose a threat to someone," Hooper said.
"No, we are not directing it against 7-year-olds," he added.
by CNB