Category Archives: Sidewalks

What are Oregon’s Bicycle Parking Laws?

A bicycle parked blocking access to newspaper boxes, in violation of Portland city Code 16.70.320(A).

Oregon’s state statutes do not contain any laws that dictate how a person is supposed to park a bicycle. This has resulted in many cities and towns of Oregon drafting their own bicycle parking ordinances. In some of those cities a violation of the ordinance can result in an illegally parked bicycle being impounded . Below I have included the bicycle parking ordinances for the 13 largest cities in Oregon.

Portland

Portland City Code 16.70.320 Operating Rules

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[.]

Salem

Salem City Code 101.150 Parking of Bicycles

It shall be unlawful for any person to leave a bicycle upon any sidewalk, except in a bicycle rack. If no rack is provided, he shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway, or building entrance; nor shall any person leave a bicycle on public or private property without consent of the person in charge or the owner thereof.

Eugene

Eugene City Code 5.400 Operating Rules

. . .

(2) No person may park a bicycle in or near a public thoroughfare or place in such a manner as to obstruct traffic or endanger persons or property.

Eugene City Code 5.420 Impounding of Bicycles

(1) A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department.

(2) In addition to any citation issued, a bicycle parked in violation of this chapter may be immediately impounded.

(3) If a bicycle impounded under this chapter bears an Oregon driver’s license number, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner.

(4) A bicycle impounded under this chapter which remains unclaimed shall be disposed of in accordance with the city’s procedures for disposal of abandoned or lost personal property.

Gresham

Gresham Revised Code 8.70.040 Misuse of a Bicycle or NonMotorized Vehicle.

No person shall leave a bicycle or non-motorized vehicle:

(1) in a manner which obstructs a street. sidewalk, driveway or building entrance;

(2) on private property without the consent of the person in charge or the owner of the property;

(3) on public property for a period in excess of 18 hours; or

(4) in a public parking lot in a vehicle parking space. A bicycle may only be parked in a public parking lot where special provision has been made for bicycles, in the stand, rack, or other bicycle holder

Gresham Revised Code 8.70.050 Impoundment.

(1) A bicycle or non-motorized vehicle in violation of GRC Article 8.70 may be immediately impounded by the police department.

(2) If a bicycle or non-motorized vehicle impounded under this section is licensed, or other means of determining its ownership exist, the police shall make a reasonable effort to notify the owner.

(3) A bicycle or non-motorized vehicle impounded under this section that remains unclaimed for a period of more than 60 days may be disposed of in accordance with GRC Article 2.81, the city’s procedures for disposal of abandoned or lost personal property.

(4) A bicycle or non-motorized vehicle impounded under this section may be held until the person using the device at the time of the impound is acquitted or provides proof that
security deposit or the fine upon conviction has been paid, unless otherwise ordered by the
Circuit Court or other court of competent jurisdiction.

Hillsboro

Hillsboro Municipal Code 8.28.100 Bicycle parking

A. It is unlawful to park or leave a bicycle upon the sidewalk, except in areas designated under HMC 8.28.100(B).

B. Designated areas for the parking of bicycles and only bicycles are as follows:

1. At the curb on the street and sidewalk, beginning at the intersection of the north boundary of Main Street and the west boundary of N 3rd Street, thence north 20 feet;

2. At the curb on the sidewalk beginning at the point on the north side of E Lincoln Street that is 55 feet east from the easterly boundary of N 2nd Avenue, thence east 20 feet; and

3. During the months the municipal swimming pool is in operation and while bicycle racks are maintained in the street for parking bicycles:

a. On the street on the easterly side of S 9th Avenue beginning at a point 10 feet south of the south boundary of E Cedar Street, thence south 35 feet; and

b. On the street on the southerly side of E Cedar Street, beginning at a point 15 feet east of the east boundary of S 9th Avenue, thence east 45 feet.

C. The manager will cause the appropriate number of bicycle racks to be erected, kept and maintained, each with the proper marking by signs or painting, upon each of the areas under HMC 8.28.100(B).

Beaverton

Beaverton City Code 6.02.430 Impounding of Bicycles.

A. It shall be unlawful to leave a bicycle on public or private property without the consent of the person in charge or the owner thereof.

B. A bicycle left on public property for a period in excess of 72 hours may be impounded by the police department.

C. If a bicycle impounded under this section bears an Oregon driver’s license number or is licensed by this City or another City or other means of determining its ownership exists, the police shall make reasonable efforts to notify the owner.

D. An impoundment fee set by Council resolution shall be charged to the owner of a bicycle impounded under this section except where the bicycle was stolen.

E. A bicycle impounded under this chapter which remains unclaimed for 60 days, shall be disposed of in accordance with BC 2.05.010 through 2.05.026.

Bend

Bend City Code 6.35.000 Bicycle Operating Rules.

Except for bicycles operated by on duty law enforcement personnel:

A. Bicycles shall be parked so they do not obstruct a roadway, sidewalk, driveway or building entrance.
. . .

Bend City Code 6.35.005 Impounding Bicycles.

A. A bicycle left on public property for more than 24 hours may be impounded by the Police Department.

B. If a bicycle impounded under this code is registered, or other means of determining its ownership exist, the police shall make a reasonable effort to notify the owner. No impounding fee shall be charged to the owner of a stolen bike.

C. A bicycle impounded under this code and remaining unclaimed shall be disposed of in accordance with City procedures for disposal of abandoned or lost personal property.

D. Except as provided in subsection (B) of this section, a fee established in the City’s Fee Resolution shall be charged to the owner of a bicycle impounded under this section.

Medford

None

Springfield

None

Corvallis

Corvallis City Code 6.10.060.150

No person shall park a bicycle upon a street or upon a sidewalk except in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

Albany

Albany City Code 13.40.150 Parking

No person shall park a bicycle upon a street or upon a sidewalk except in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

Tigard

Tigard Municipal Code 10.36.180 Parking Restrictions

From and after December 18, 1967, it is unlawful for any person to park or leave a bicycle upon the sidewalk within the City; except in areas designated by ordinance, which areas shall be properly marked by signs or painting and provided with racks for parking bicycles.

Lake Oswego

Lake Oswego Code 32.10.810 Requirements for Operation of Bicycles Generally.

. . .

7. Obstructing Traffic – No operator of a bicycle shall leave his bicycle lying or standing in such a manner that shall hinder or impede pedestrian or vehicular traffic upon the sidewalks or paths or upon the highways or alleys or public ways within the City, but shall take proper care to see that his bicycle is so placed as to avoid annoyance and danger of accident during his absence from it.

8. Use of Designated Bicycle Stands – The City may designate such place or places within commercial zones exclusively for parking of bicycles and no person shall stand, park or leave any bicycle on the highway or alley or sidewalk within 200 feet of any such place designated exclusively for bicycle parking by the City.

Lake Oswego Code 32.10.815 Impounding Bicycles.

1. No person shall leave a bicycle on private property without the consent of the owner or person in charge. Consent is implied on private business property unless bicycle parking is expressly prohibited.

2. Unless bicycle parking is expressly prohibited on public property, a person shall leave a bicycle in a bicycle rack, if provided, or in accordance with section LOC 32.10.810(8).

3. A bicycle left on a highway or other public property for more than 24 hours may be impounded by the police department.

4. In addition to any citation issued, a bicycle parked in violation of this chapter that obstructs or impedes the free flow of pedestrian or vehicular traffic or otherwise endangers the public may be immediately impounded by a law enforcement officer.

5. If a bicycle impounded under this chapter is licensed, or other means of identifying its ownership exist, the police shall make reasonable efforts to notify the owner.

6. A bicycle impounded under this section that remains unclaimed after 30 days shall be disposed of in accordance with LOC 14.04.120.

7. Impoundment under this section shall be done in accordance with the provisions of LOC 14.04.110, et seq.

Are Segways Allowed on Sidewalks?

One of the more unique sights in Downtown Portland are the Segway tour groups, of which there is not one but two different outfits: Portland by Segway and Portland Segway Nation Tours. There are also individuals who use the devices for transportation and recreation.

Segway

A Segway is not called a Segway in the law. It is called an Electric Personal Assistive Mobility Device and this covers not only the name brand Segway but also the other types of devices made by Honda and others. I will use EPAMD as short hand. To be considered an EPAMD, a device must be self balancing with two non-tandem (i.e. no front and rear wheel) wheels, designed to only transport one person in a standing position, have an electric drive, and a maximum speed of 15 MPH.

EPAMDs are vehicles under Oregon law. They are not, however, motor vehicles and this is specifically noted in the law. This is an important distinction when reading the Oregon Vehicle Code to determine which laws apply to EPAMD operators.  Even though EPAMDs are not motor vehicles, Oregon requires operators to be 16 years old or older.  An operator does not need a valid driver’s license, though.

EPAMDs, depending on where they are operated, fall under either bicycle laws or pedestrian laws, as well as a set of requirements specific to them.

If a person is operating an EPAMD on a sidewalk they are subject to the same laws as a pedestrian, but also have the same rights, like crossing at a crosswalk. However, like bicycles on sidewalks, their operators are subject to additional responsibilities beyond those of pedestrians:

• An EPAMD operator cannot operate on a sidewalk in a careless manner that endangers or would likely to endanger any person or property (remember that this includes the operator).
• When an EPAMD in operating on the sidewalk and approaching and entering a crosswalk, driveway, curb-cut, or a pedestrian ramp an operator of a EPAMD must slow to the speed of an ordinary walk.
• When passing pedestrians on a sidewalk an EPAMD operator must give an audible signal.
• An EPAMD must yield the right of way to all pedestrians on the sidewalk.

One misunderstanding of the law that I hear quite often in Portland is that the EPAMDs are not allowed to operate on sidewalks in the downtown core. This is not correct. Bicycles, scooters, and skateboards are prohibited from the sidewalks in Downtown Portland but EPAMDs are not addressed in the city code. The state does allow cities to prohibit them, but Portland has not taken the step to do so.

EPAMDs do not have all of the same rights as bicyclists when operating on the road. The biggest difference is that an EPAMD is not allowed to operate on a road with a speed limit above 35 MPH unless there is a bicycle lane (or they are crossing the road). EPAMDs are allowed to be operated in the bicycle lane, on bicycle paths, and on roads with posted speeds under 35 MPH. In such circumstances EPAMD operators are subject to the same rights and responsibilities as bicycle operators, including having the right-of-way in the bicycle lane.

EPAMDs also have specific requirements and restrictions:

• An EPAMD cannot carry more than one person.
• An EPAMD must have lighting in limited visibility conditions, including a white front light visible from 500 feet and a rear red reflector or light visible from 600 feet.
• A person cannot install a siren or whistle on an EPAMD.

Since EPAMD operators are subject to the same laws as bicycle operators when in bicycle lanes, that covers the helmet law, which requires operators under the age of 16 to wear a helmet.  However, this is moot since operators must be 16 or older to legally operate an EPAMD.

Accidents that result in property damage (Part 2) by Ray Thomas

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Read Part 1.

III. Diminution in Value – The Law of Property Damage

The law relating to property damage claims is technical. Many people believe that they should receive the amount of money they will need to replace their damaged property. Unfortunately, that is not the law. Instead, the bicyclist is entitled to the amount of money equal to the difference between the fair market value of the property immediately before, and immediately after, the occurrence. This is called the “diminution in property value”. Bicycles depreciate rapidly and often the market value of a used bicycle is considerably less than its original purchase price. In order to establish market value, it is best to take your bicycle to a bike shop and get the following estimates:

● Value of the bicycle in the condition it was in immediately before the accident. In other words, the appraisal should be of the same year and model as your bicycle in the same condition. Most bike shops only sell new bikes. If you are having trouble, call around and find the name of a bike shop that sells used bicycles or will help you with your brand.

● Cost of repair of the bicycle. Do this even if you are certain the bicycle is beyond repair.

● Value of the bicycle in the condition it was in immediately after the accident. This amount is usually very low; what market value is there for a bent bike? The claims adjuster will almost certainly call the shop to verify your figures. If your bike is “totaled” the adjuster will want to pay the value of your bicycle before the accident minus its salvage value.

Frequently, bicycles have little or no salvage value. If you have a particular attachment to some of the components, such as that Terry saddle or that wonderful old Campagnolo crankset, let the adjuster know and they will frequently be willing to let you have these parts. It has been my experience that the adjuster will usually recognize that a bike has no salvage value and allow you to keep the damaged bike if it is indeed totaled. On the other hand, if the bicycle can be fixed, it is up to you whether you want to fix the bike or not. You are not entitled to receive more money because your bicycle had a particularly high sentimental value. However, if your bicycle was a rare bicycle, and had an unusually high monetary value, you are entitled to receive that greater value if it is damaged or destroyed.

Remember, the diminution in value of the bicycle may be much less than it would actually take to fix the bike. The law states that the person responsible for the damage need only pay the loss in value, not the cost of repair.

IV. The Statute of Limitations

The Oregon statute of limitations for property damage claims caused by negligence is two years unless the defendant is an agent for a public entity, in which case written notice of a claim must be provided to the appropriate authority within 180 days after the accident. In serious injury cases, it can be a year or more before the person has recovered enough to know what if any permanent physical impairments may have resulted; however, property damage claims can be resolved immediately after the collision. There is no tactical reason to wait to resolve the property damage claim, and if a bicyclist also suffered physical injuries any release of claims signed by the rider can be limited to property damage only so that the personal injuries may be pursued at a later time within the statute of limitations.

This article will be concluded in later posts.

Ray Thomas is a founding partner at Swanson, Thomas, Coon & Newton where he represents bicyclists and pedestrians injured in collisions.

Are Electric Assisted Bicycles Legal to Ride in Oregon?

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Electric Assisted Bikes, also known as e-bikes or e-assist bikes, are a growing trend, not just in Oregon but worldwide. The New York Times recently ran an article profiling the growth of sales that e-bikes are experiencing in Europe, and their growing popularity with “older people, delivery businesses and commuters who don’t want to sweat.” E-Bike Sales are Surging in Europe, August 25, 2014.  There has been recent local focus as well.  Jennifer Dill, Director of the Oregon Transportation Research and Education Consortium (OTREC) recently appeared on OPB’s Think Out Loud to discuss their growing use and yesterday the National Institute for Transportation and Communities released an in depth and well researched survey of the regulations surrounding e-bikes in the United States.

So, are e-bikes legal to ride like an unassisted bicycle?  Yes, but with some very important differences (explained below).

An Electric Assisted Bicycle is a very specific creature in Oregon law under ORS 801.258.  It must:

  1. Be designed to be operated on the ground with wheels;
  2. Have a seat or saddle;
  3. Have no more than three wheels;
  4. Have BOTH fully operative pedals for human propulsion AND an ELECTRIC motor; AND
  5. That electric motor cannot have an output above 1,000 watts AND it cannot be capable of propelling the vehicle at a speed greater than 20 MPH on level ground.

There are a lot of specific requirements for a bike to be an e-bike under the law.  I have spoken to some owners of e-bikes who have motors above 1,000 watts that cannot get over 20 MPH and some who have motors at 1,000 watts who can get a speed higher than 20MPH.  These are not Electric Assisted Bicycles under the law and are not granted the same rights as Electric Assisted Bicycle users.

Electric Assisted Bicycles are given the same status of bicycles under Oregon law.  ORS 814.405.  That means that, when reading other statutes, any rights or responsibilities given to a rider of a bicycle under the law is also given to the rider of an Electric Assisted Bicycle (unless specifically stated otherwise).

The key law in which Electric Assisted Bicycles are not given the same rights and responsibilities as unassisted bicycle operators is operation upon a sidewalk.  Unassisted bicycle riders can, as a general rule, operate upon a sidewalk unless specifically prohibited from doing so by municipal ordinance (like downtown Portland and the Eugene transit mall area).  However, Electric Assisted Bicycle operators are specifically excluded from riding on sidewalks statewide.  ORS 814.410(1)(e).

This law creates an unnecessary inefficiency for an Electric Assisted Bicycle operator riding on the street or confined to the bicycle lane via ORS 814.420, but cannot legally escape to the sidewalk in the case of traffic or another blockage.  This is an interesting restriction given the inability, by the very nature of its definition, for an e-bike to exceed 20 MPH, but an unassisted bike with the right rider could easily exceed 20 MPH on a sidewalk.

Another key difference between Electric Assisted Bicycles and unassisted bicycles is that operators under 16 are not allowed to ride Electric Assisted Bicycles per ORS 807.020(15).

 

What should I do when facing a red light in a bicycle lane at a T-intersection?

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One of the benefits of being a bicycle rider in Oregon is that we are granted the same rights as motor vehicle operators under the law. That granting of privilege, however, is a two-edged sword because we are also limited to the same restrictions and responsibilities of motor vehicle operators under the law (except for those laws that have no application to bicycles).

This restriction can sometimes result in inefficiencies. For example, when a rider is in a bicycle lane and they face a red light they are required to stop behind the stop line even though, if there are no pedestrians crossing, they face no conflicting traffic. For example, here is the intersection of SW Salmon Street and Naito Parkway in downtown Portland, facing north.

Naito and Salmon

Here, a bicyclist faces no possibility of conflicting traffic if they proceeded through the intersection against a red light.

So, can a bicyclist legally proceed through the intersection while facing a red light? No. A driver, no matter their mode of travel, must stop at the clearly marked stop line when faced with a red light. ORS 811.260(7).

Sometimes, though, a bicycle rider will move from the bike lane to the sidewalk and back to the bike lane again after riding on the sidewalk through the T-intersection, as illustrated here:

Bicyclists will sometimes go from the bike lane to the sidewalk to get around red lights.

Bicyclists will sometimes go from the bike lane to the sidewalk to get around red lights.

This maneuver is legal, so far as 1.) the bicyclist is allowed to ride on the sidewalk in the area; 2.) the bicyclist does not operate in a careless manner and slows to the speed of an ordinary walk when entering the curbcut (ORS 814.410) AND 3.) the bicyclist first stops behind the stop line as required by ORS 811.260(7).