I wrote a letter to Chief Batts after talking to a staff Sergeant about the incident (see below). To be clear, I have no particular vendetta against the ticketing officer or the PD. I think it's more a weakness in the city's bike friendliness initiative to not include, inform and educate our law enforcement from the very beginning. They are the ones that adjudicate over motorist/cyclist interactions and they should be better informed!

Dear Chief Batts,
I called and spoke with a Sergeant regarding the citation and he is looking into it. With regards to your incident, I don't think that is the same "gentleman" we're talking about. This incident occurred on Anaheim as he was commuting to work. He is also a trained cycling safety instructor.

What I hope to come from all this is the start of a dialogue between the bicycle community and the police. I know that there are many lawless cyclists out there and they SHOULD be ticketed. Cyclists riding the wrong way. Cyclists blowing through red lights. Cyclists on the sidewalk. Cyclists under 18 riding with no brakes and a helmet. They should be ticketed. I think we have so many with an utter disregard of the law because there is NOT ENOUGH enforcement.

That said, the police should also be sensitized to identify what is lawful and safe riding. Riding as far to the right as you can is NOT safe. Riding closer to the middle of the lane IS safe, it increases visibility, lets the rider avoid the door zone, etc., The phrasing in 21202 allows for this, cyclists only have to ride to the right as long as it is "practicable" (a big difference from "possible"). "Practicable" allows us to claim the lane when we deem it unsafe to ride to the right. Many cities make this point clear with signs that say "BIcyclists allowed full use of the lane."

I believe that the police is one of the most important keys to making Long Beach bicycle friendly. Without proper enforcement we will just see a rise in unlawful cyclists and more hostile interactions between motorists and cyclists that will escalate into violence (there are many incidents of this happening in Los Angeles right now). That is why it is paramount that officers on your force that work in areas with a high concentration of cyclists (downtown, Belmont Shore, CSULB) should receive training to differentiate when a cyclist is lawfully riding in the street (claiming the middle of the lane when need be) and when they are putting themselves and others in danger. Further, I would also like to see the bicycle mounted police follow the CVC. It is very difficult for me to defend my rights to a motorist who is yelling at me to "get on the sidewalk" or "you don't belong here", when the bicycle mounted police can often be seen riding on the sidewalk, against traffic or in the door zone.

If you are willing, the bicycle advocacy group I work with, The Long Beach Cyclists, has trained bicycle safety educators from the League of American Bicyclists. We would very much like to set up a program with the police department to slowly train the force with issues regards to bicycles in traffic. The League offers a curriculum specially tailored to law enforcement. I think this would more quickly and efficiently make Long Beach more bicycle friendly than any thing else we can do.

Thank you once again for responding to me personally. I hope you will seriously consider bicycle training for some of your force.

Sincerely,
Russ Roca

Photos of me getting a ticket...

http://russroca.blogspot.com/2009/05/indignity-...

I hope you do pursue fighting the ticket Russ, you have my support for sure. I spend a lot of time riding my bike around the LBC in the same fashion. I try and stay to the right as far as possible but down certain east/west streets the lanes are too narrow to fit both a bike and a car so you're better off just riding in the lane so that you don't get pinched.

I know the city talks of being the most progressive bicyle riding city in the US so it should educate its police force about what is legal versus illegal and learn to support cyclists of sizes, styles, etc. It's a shame to read this story. I would love to hear any updates.

I know the city needs revenue but Damn! Let's hope they don't start writing tickets for waiting in line at Pine Square AMC!

Second Street lanes in Belmont Shore were narrowed by the city in 1993 in order to widen the sidewalks to allow restaurants to have outdoor dining on Second Street sidewalks. The narrowing of Second Street lanes created an unsafe situation for bicycle riders who try to fit in the narrow slot between speeding traffic and parked cars. There is little room for a bicycle rider to escape when doors of parked cars are opened with no warning. Bicycle riders are forced to swerve into the middle of the lane to avoid opened car doors, thus exposing themselves to being run over by speeding cars.

This situation has contributed to the number of people who ride their bicycles on the sidewalks. These people do so because they are uncomfortable riding their bikes in their narrow strip between the parked cars and the speeding traffic. Many people risk a ticket by riding on the sidewalk rather than endanger themselves riding in traffic or risk getting a ticket for riding their bicycle in traffic like Mr. Roca.

Come on Mike... I have heard you ask for enforcement regarding people riding bikes both on the sidewalk and in the street.

One minute you ask the police department to address a problem and when they do that you trash them for doing it. I guess you are upset because they were not focusing on trash pickers in the alley behind your home.

Hello Whoremeup,

As usual, your description of my actions is not accurate. Similar to Councilman DeLong’s anonymous personalities of PatBryant and Kathi4LB (you ever wonder why DeLong uses women’s names), you attempt to spout inaccuracies to cloud what is really going on.

First, please show me where I have ever said anything about enforcement regarding people riding in the street. I know you can’t do it because it simply has never happened.

Second, I have asked the police for enforcement of bicyclist and skateboarders riding on the crowded 2nd street sidewalk because that is what residents have asked for. This is also consistent with numerous similar requests from the Business Association. It is a municipal code that is seldom enforced. So what is your point? Are you in the minority of those who support skateboarding and bicycling on 2nd street sidewalks? Please tell me where have I trashed the police for enforcing this law. You talk a lot of crap. That’s why I know you must be one of Councilman DeLong’s close friends.

Third, please show me where I have ever complained about people taking items out of my recycling bin. Though it is illegal to remove materials from recycle bins, trash picking itself is a small part of the issue. The real issue is the police (Commander Renaud included) responded to multiple resident trash picker complaints during Belmont Shore Residents Association (BSRA) meetings by telling residents to call the police when they saw trash picking and they would take care of the problem. Everyone knows the trash pickers flock to the area 2 days before trash pick-up. The police were asked why they couldn’t drive by periodically on those days to take care of the problem. They refused to do so. Instead, they insisted on the phone call. So after hearing this told to residents during three BSRA meetings in a row, I decided to do exactly what they told residents to do and began calling the police when I saw a trash picker to see if it would make a difference. For a while, it seemed to make a difference. Not any more.

I observed numerous instances where the police stopped the trash pickers but didn’t cite them. They were simply told to go away and never come back, only to return the next day. When I complained the trash pickers weren’t being cited, I was told police only cited trash picker if they observed them in the act of going through the recycle bin. When I told the police I would be willing to file a citizen’s arrest and appear in court for the trash pickers the cops caught but didn’t observe themselves, I was told that wouldn’t work. Though the recycle bins were on private property, they insisted the recycle bins were city property and I could not file a citizen’s arrest because I was not the victim, the city was the victim.

This rationale makes absolutely no sense to me. Essentially, the police are saying that unless I am the victim of a crime, I can not file a citizen’s arrest on a crime I witness, nor will the police rely upon my willingness to testify in court. Simply put, the police do not want to fill out police and crime reports. They know when trash picking occurs. The police simply do not want to enforce the law and generate a crime statistic. According to police statistics, trash picking does not occur if the police do not cite or report it. The best way for the police to keep THEIR statistical crime rate down is to NOT enforce the law and fill out police reports. That is THE ISSUE with trash picking. Spin it for Councilman DeLong how you wish.

Both actions by bicyclists are unsafe and well-worthy of concern and controversy.
Almost 50 years ago, immediately after the fact, I saw a semi had run over a bicyclist (fatality). Sidewalk too small to ride on, especially with any pedestrians, and a narrow roadway. Not even an alley or street running parallel (like BS has) to ride on.

Trash pickers;get serious you jerk-off.

Dear wrongbeachjohn - my mention of the trash pickers was directly related to the fact that at the last several BSRA meetings Mr. Ruehle has stated time and time again that the police are being non-responsive to his complaints about people taking items out of his recycling bin. It was also said that he calls the police more than anyone else in the entire shore area... and that is really sad.

Firstly, if you ride a bike in Long Beach, watch this video:

http://www.youtube.com/watch?v=rU4nKKq02BU

The right hand travel lane that goes through 2nd street is (as described by the CVC) a substandard width lane, meaning that "it is too narrow for a bicycle and a vehicle to travel safely side by side within the lane."

The narrow strip which Mr. Ruehle mentions is known as the "door zone" in bicycling parlance. If you're on a bike, you shouldn't be there. The safest place you can be is in the middle of the lane and you have every right to be there as per the CVC because 1)it is not a lane that can be safely shared with a motor vehicle 2)it puts you in the door zone, a fixed object "that makes it unsafe to continue along the right-hand curb or edge."

There are many supposed dangers with regards to bicycling. Some real. Many imagined.

The least common but most feared type of accident is getting hit from behind (ie "being run over by speeding cars.") The reason why people ride on the sidewalk.

However, most accidents (the real and not the imagined ones) happen at intersections. All those people riding on sidewalks entering intersections at speed are putting themselves in danger of getting hit by cars. Seriously. Sit down and get some coffee at Peets, Aroma di Roma or Starbucks and you'll see it almost happen half a dozen times an hour.

People should feel uncomfortable riding in that narrow strip between speeding cars and parked cars because that's the WORST place to be! Not only are you in the "door zone" but that is when you get buzzed. Your lane position will dictate what the car behind you will do. Too close to the right and you'll get buzzed. In the middle of the lane, they'll pass to your left.

You should ride in the lane. You are visible. You don't have to worry about hitting an opening car door. You are more visible to cars at approaching intersections. Period.

I would argue that many sidewalk riders are in greater danger than just riding on the street. Not so much from hitting pedestrians, but getting into collisions with cars at intersections (drive ways, alleys, crosswalks). So, I would argue that by riding in the street (and I do a lot of it...like 7000 miles a year) I am in less danger of being in a collision.

I wouldn't do it if it wasn't fun or if it was so dangerous that I felt like I was risking life and limb every day. I'm not stupid.

You can ride safely in the street without being a racer or super fast (take the traffic skills class that the Long Beach Cyclists offer monthly..www.lbcyclists.org).

However, it IS apparent, that being knowledgeable about the law and your rights won't protect you from getting a totally bogus ticket.

Maybe someone should notify LBPD. The City is planning on painting shared lanes with "sharrows" on 2nd street in Belmont Shore to encourage bike riding in the right lane. http://www.bikelongbeach.org
Roca- I would contest the ticket.

Per City flier which I have handy: "Bikes share roadway with vehicles "legitimizes" bicycles on streets". "Provides strong visual clues to motorists that bicycles are present", "Reduces cyclist collissions with suddenly opened car doors", "Typically used where there is not enough room on the street for striped bicycles lanes", Encourage cyclists not to ride on sidewalks"

Mr. City Attonery Shannon or Traffic Engineer Roseman, Due to CA Vehicle Code: Does the City need to change the municipal code to exempt bikes riding in sharrowed lanes?
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Per Ticket:
Duty of Bicycle Operator: Operation On Roadway. VC 21202

a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1.) When overtaking and passing another bicycle or motor vehicle proceeding in the same direction.
2.) When preparing for a left turn at an intersection or into a private road or driveway.
3.) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

Perhaps the officer is bitter about bikes in general. Let's face it, the only thing geekier than bicycle patrols are Segway patrols. That's a job only Paul Reubens would want -- and with him you'd have to watch out for sticky handlebars.

Upon closer inspection of the ticket...it looks like I even got cited for the WRONG thing...

21201. (a) No person shall operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one braked wheel skid on dry, level, clean pavement.

But the description was "Must right on right of roadway."

I clearly had a brake (2 in fact!). I don't even own a fixed gear. Is there a case of fixed gear profiling going on in Long Beach? Maybe the cops are familiar with THAT law, but not the basic ones that govern lawful riding?

I don't even understand this. Russ wasn't on the wrong side of the street, correct? So what's the "right side."

Isn't Pat West supposed to be all about promoting bicycling? Guess he didn't tell the police department.

But honestly, didn't we just have what, three or four murders in Long Beach this weekend? And how many of them have been solved? Aren't there better things for the police to be doing?

Duty of Bicycle Operator: Operation On Roadway. VC 21202

a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1.) When overtaking and passing another bicycle or motor vehicle proceeding in the same direction.
2.) When preparing for a left turn at an intersection or into a private road or driveway.
3.) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.


Sounds to me like #3 might apply here... As far as I know, Russ doesn't have a track bike and his requires a wider berth than most.