The Common Law

Can my bicycle be towed?

I saw police officers cutting several bicycle locks and taking the bikes away. What gives police the right to tow my bicycle?

Similar to a car, a bicycle can be towed if it's parked in a way that violates a traffic ordinance. Austin Ordinance 12-2-15 prohibits parking a bicycle in a manner that obstructs pedestrian or vehicle traffic, in a space designated as a vehicle parking place, or between two designated vehicle parking places. Moreover, a bicycle may also be towed if it's attached or secured to public or private property in a manner that may damage, impair, or render the property unusable.

In addition, a bicycle can be towed if it's considered to be abandoned property. Under Austin Ordinance 9-1-1(2), unattended personal property (such as bicycles) in public places is considered abandoned if it is left in a way that violates the law, for more than 48 contiguous hours, or in a manner that interferes with vehicular or pedestrian traffic. The city has the right to remove and impound the bicycle and may also put a lien on it to collect the costs incurred by the city to impound and store the bicycle.

As if paying to get your own bicycle back isn't punishment enough, towed bikes can also cause misdemeanors and fines. Specifically, riders who fail to comply with appropriate bicycle parking requirements could be subject to a class C misdemeanor and a fine of $20 (first conviction) or $40 (multiple convictions).

The safe play is always to park your bicycle in a manner that complies with the law. Assuming the rider is not in violation of other traffic ordinances, the city of Austin specifically acknowledges that a person is allowed to park a bicycle against a street curb, in a bicycle rack on a sidewalk, or against a building. Check out city of Austin ordinances (Chapter 12-2) for more information on traffic regulations that affect bicycle riders in Austin.

Please submit column suggestions, questions, and comments to thecommonlaw@austinchronicle.com. Submission of potential topics does not create an attorney-client relationship, and any information submitted is subject to being included in future columns.

Marrs, Ellis & Hodge LLP, www.mehlaw.com.

The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.

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