Should Alternative Forms of Transportation Be Illegal in Downtown Decatur?
Decatur Metro | June 30, 2014 | 11:31 amBack in 2010, the Decatur City Commisson outlawed riding skateboards, kick scooters, rollerskates/blades in downtown Decatur after receiving resident complaints “about skateboarders who disregard pedestrians and cause unsafe conditions on crowded sidewalks and in crowded public areas”, along with damage that was done to the Celebration Statue on the MARTA plaza.
And while the damage to public and private property is inexcusable, the ordinance went far beyond that, making it illegal to ride any of these vehicles in the downtown “pedestrian zone”, which is basically most of downtown Decatur. Here’s part of the ordinance wording…
No person shall operate or cause to be operated a coaster, roller skates, skateboard, in-line skates or similar device in or upon any public street within the pedestrian preference area, any public sidewalk, path, streetscape, or driveway adjacent to any public street within the pedestrian preference area, or any municipally owned parking lot adjacent to any public street within the pedestrian preference area.
Four years hence, there’s a resurgence in these alternative forms of transportation around the U.S., as urban populations increase and folks are looking for car-alternatives (you’re welcome that I didn’t write “car-ternatives”). The Wall Street Journal recently reviewed a slew of electric skateboards aimed at “yuppie commuters”. A recent post on The Atlantic’s City Lab website featured a video that argues “Skateboarding is Transportation, Too”. In the densest cities, like NYC and San Fran, more commuters are choosing kick scooters to get around. (On top of all that, I saw a guy riding a scooter through Emory Village a few weeks back and thought, “man you can’t do that in Decatur!” That’s a data point!)
This seems a relevant discussion for Decatur, which has mainly focused on accommodating pedestrians and cyclists. While walking and cycling are certainly the most popular forms of alt-commuting, Decatur’s downtown MARTA train station would seem a good reason to take a second look at this broad ordinance. Taking a legal form of transportation – like a bike – on a MARTA train is certainly more cumbersome than taking a kick scooter (aka Razor scooter), a skateboard or a pair of rollerblades on the train. But to do so, you’d only be able to ride the board/scooter/blades to the outer limits of the pedestrian zone and then walk to the station from there.
So, here’s the question: should Decatur’s ordinance be so broad as to make it illegal to ride all of these alternative forms of transportation all the time in downtown Decatur?
YES. And, adults should not be allowed to ride bikes on sidewalks in Decatur, especially downtown. I thought this was already the law, but I was asked rudely not long ago to get off the sidewalk by Cakes & Ale by a helmet-wearing man on his fancy bike who, apparently, doesn’t know and/or doesn’t care what the law is.
I agree with you.
Word.
Children are allowed to use the sidewalk, and from what I’ve observed over the years, they are much more observant and considerate than bike-riding adults.
And people who ride their bikes on the wrong side of the road should be banished to the Phantom Zone.
It is against the law for anyone (except on-duty sworn public safety officers) to ride a bicycle on a sidewalk in Decatur. Including children.
I’ve always heard that children under 16 could legally ride on the sidewalk. Is that something that’s just emerged through selective enforcement / local custom, rather than a specific exemption in the code?
Georgia Code 40-6-144 gave the City of Decatur authorization to permit bicycle riding on sidewalks for children 12 and under by resolution or ordinance. The City of Decatur has not done so.
Huh. Learn something new every day. Like Scott, I always heard it was kids under 16 were allowed to bike on the sidewalk.
No matter. As I’ve done since they first got on two wheels, I’m still going to tell them to ride on the sidewalk and give pedestrians the right of way. Cuz I’m a rebel. Yeah, that’s right. A rebel. David Bowie wrote a song about me.
So, this is a surprise to me… from the COD Code of Ordinances:
Sec. 98-14. Same—Riding on sidewalks.
Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
COD 98-14 does not authorize anyone to ride a bike on the sidewalk. It was written before 2009 when it was legal to ride a bike on the sidewalk in Georgia. The City of Decatur does not have the authority to allow persons over 12 to ride on a sidewalk and has not exercised it’s authority to allow persons 12 and under to ride on a sidewalk. So it is not legal for anyone to ride on the sidewalk in Decatur.
Enforcement aside, rebels may consider the effect this law may have on civil matters, especially regarding negligence per se. As it stands, the cyclist (or their guardian) may be responsible for any damages that arise from the illegal operation of a bicycle on a sidewalk in Decatur. This includes hitting or getting hit by a car during such operation.
Considered and ignored. 🙂
I think this is an issue with sidewalks specifically. When skaters, boards, and scooters are used on sidewalks, they’re going much faster than pedestrians, and can crash into them and/or block them. Skaters also consume a lot of width while moving quickly. Our sidewalks are standard width, and not the width of the multi-use paths that some cities have. Bicycles, on the other hand, are on the streets, where they don’t interfere with pedestrians.
Let’s make downtown Decatur car free instead. That’d be so nice.
At the risk of damaging my carefully cultivated grumpy middle-aged white guy image, I think it’s time to loosen the laws. I love seeing skateboards, scooters and skates being used as alternate transportation.
Yes, there are some crazy kids out there who do stupid things, but there also more than a few adults who would love to use small-wheel vehicles to get around. If it is possible to enforce a “pedestrian has the right of way” ordinance, I see more good than bad.
The “pedestrians have the right of way” laws need to be learned by drivers first. Not a day goes by that I don’t see a driver cut off, swerve around, or give the stink-eye to a pedestrian who obviously and legally had the right of way.
Drivers, no matter what, you let them walkers (not THOSE kind of walkers–those, you take down, double-tap, don’t be a hero, cardio) go first. They don’t take turns with cars at an intersection, their walker-ness is their trump card.
Allow it all. We have reckless endangerment laws…just apply those to anyone walking, running, skating, biking, or boarding recklessly and let those responsible citizens carry on.
For those free spirits who endorse freedom of everything—just pass laws to curb excess and apply them—keep in mind that the City of Decatur (like municipalities, states, and even Uncle Sam) does little enforcement. Enforcement costs money (police officers, meat inspectors, etc.). Citizens get mad and stage “people power” retaliation. The “people” know that laws are a dead letter on the books, hence doing u-turns in the middle of Ponce de Leon, jay-walking, and all sorts of other everyday activities that, officially, are illegal. Some of you want to pass more laws to get rid of one law. Isn’t that ironical?
I think you’re responding to my post about relaxing the no-skateboard law while enforcing a pedestrian right of way ordinance. If so, you make a valid point. In explanation, I was thinking more in terms of existing ordinances that already recognize the ped ROW. I’m not an attorney, so I don’t know the current regulations.
But no, I’m not in favor of adding new laws while getting rid of others. I was just looking for a way to allow skates/scooters while minimizing the impact on peds.
U-turns in the middle of Ponce are legal.
As are most instances of “jay-walking” that she thinks are illegal.
Well maybe they should be illegal, you free-spirited hippies! I tell you, I have had it with people saying they should be allowed to do stuff. First jay walking, then riding on sidewalks, next comes . . . . TOTAL CHAOS.
Total Chaos gets a bad rap.
“Total Chaos” and “Bad Rap” would be good names for a band…IJS.
Skateboarders should not be allowed to ride down the middle (or any part of lanes of traffic for that matter) of any major streets in the downtown area especially late at night. At midnight last week I witnessed one skateboarder riding down the middle of Dekalb Industrial who was almost run over. This is not the first time I have seen skateboards late at night riding on major roads.
Awesome DM thread. What used to be the war of cars v. cyclists v. pedestrians is now (finally)the war of all against all, thanks to including skateboards and the like. May we all meet on some vacant lot someday to do battle and settle irreconcilable grievances over who was rude to whom, which accidents we almost caused, and the ever-accumulating number of unticketed minor traffic violations.
Anchorman-style rumble? I’m now having fun asigning stars to play various DM personalities…
No commercials. NO MERCY!
my money’s on the kick scooters – you can really get a good swing going with those things!
I ride skateboards on Decatur sidewalks and streets sometimes. It’s my neighborhood, thank you.
The burdened vessel (or pedestrian) is granted right-of-way in my book.
But we were promised jet packs. And hoverboards.
Thanks, Obama.
I still want my got-danged flying car.
Me, too, but I don’t want most other people to have one.
Co-sign!
you think atlanta drivers are terrible now? they’ve only got TWO dimensions to screw it up in!
I like the fact that so many of our high school students can get themselves to their jobs, or home from sports practice or tutoring or other after-school activities, without needing to drive a car. I think they (and others around them) are far safer on a skateboard than behind the wheel of a car. So even if it’s annoying, I’d rather they be skating down the sidewalk than driving.
The skill needed to hop away from said skaters could be taught on The Square.
Studies show that texting while walking is more dangerous than skateboards on sidewalks.
Probably.
Texting while walking is perfectly safe. I’m posting this as I walk across the o;sdngfkl’snail;
Instead of speculation about what the laws of Decatur are or are not (it is news to me that doing a u-turn on any street is legal or that most instances of jaywalking are legal), this forum needs input from a recognized authority. Would someone who can represent the City of Decatur please stand up?
With all due respect, haven’t you been hanging around here long enough to realize that in this forum, “recognized authority” is a fluid concept, at best?
Wouldn’t it make more sense to just read the laws oneself rather than wait for validation from some City of Decatur authority figure?
First, where would I find them? Second, are they reader-friendly and is their content clear enough that I don’t need counsel to interpret them? Third, if I read the laws and attempt to follow them, what is to be done about the majority of citizens who won’t bother with either?
(Decatur Ordinance Angst Syndrome)
Not an unreasonable request:
I’d recommend starting at the top of this reading list and working my way down.
http://www.gahighwaysafety.org/fullpanel/uploads/files/pedestriandriverflyer.pdf
http://www.gahighwaysafety.org/fullpanel/uploads/files/gabicyclelawenforcementguide.pdf
http://www.gahighwaysafety.org/fullpanel/uploads/files/georgiabikesense.pdf
Georgia traffic laws (link below) are intended to be understood by non-lawyers.
By Federal regulation, they are publicly available on the internet.
A Georgia driver’s license holder is obligated to know and understand them.
Georgia State Code:
http://www.lexisnexis.com/hottopics/gacode/
City of Decatur ordinances:
https://library.municode.com/index.aspx?clientId=12110&stateId=10&stateName=Georgia
“First, where would I find them? ” — Go to http://www.decaturga.com and persevere.
” Second, are they reader-friendly and is their content clear enough that I don’t need counsel to interpret them? ” — That’s a different conversation.
“Third, if I read the laws and attempt to follow them, what is to be done about the majority of citizens who won’t bother with either?” — Yet another, different conversation, but one that is conducted here more or less continuously, with reference to various specific examples.
I did not see Ridgelandistan’s latest response until after I finished my own research and I’m sorry because it would undoubtedly have saved me time. Nonetheless, he was correct in his first posting about bicycles on sidewalks. The 2009 Georgia legislature passed Senate Bill 196 which adopted a new code (40-6-144) that only persons under twelve years of age may ride bicycles on sidewalks unless the municipality passes an ordinance to the contrary. Decatur has not done this. The ordinance that Decatur did pass that mentions that “persons” should give way to pedestrians and give warning, too, therefore has to mean children under twelve who legally can ride their bikes on the sidewalk.
As for u-turns, which Keith F claims are legal, the Georgia Code for Rules of the Road, which the City of Decatur has adopted, specifically mentions that u-turns are legal under certain conditions, but not on curves, not on the crest of a hill, not in a circumstance where it might endanger other traffic, and in several other situations. I contend that doing a u-turn on W. Ponce between T Mac’s and the construction site of The Place on Ponce constituted a danger to other traffic because of the congestion of the street, the construction equipment, and the lane barriers. Less egregious examples I’ll pass on.
You forgot the jaywalkers. Don’t forget the jaywalkers. You have more homework to do.
The term “Jaywalking” is a slur invented by automobile dealer associations in their 1920’s effort to criminalize pedestrian use of public spaces that may infringe on automobile driving.
“Jay” was a common term for idiot back then. This plot went in hand with the national acquisition and destruction of viable streetcar networks and bus lines by automobile manufacturers in order to force our society into it’s present car-centric death spiral.
I love the DM automotive alt-histories. In these tellings, there was never any American love affair with the car, that infernal contraption that allowed one to go where and when he/she wanted. No, it was all a conspiracy of Henry Ford and his ilk to “force” convenient transportation on the masses, who to that point had loved being packed into busses with strangers and stopping frequently at places other than their destinations. Yes, they just had that much time to kill.
It’s also the case — though little known nowadays — that wives of the 19th century loved churning butter and hand-washing clothes in rivers. But then Big Dairy convinced us all that pre-packed butter was somehow convenient and Maytag came along with fossil-fuel powered washing machines.
Yes and no. While there were many contributors, including labor relations, cultural change (including convenience), the Public Utility Holding Co. Act of 1935 (also controversial), lack of maintenance by transit companies, massive federal subsidies during the Great Depression to build roads, and so forth, the National City Lines / GM Streetcar Conspiracy is well documented. National City Lines was a front company with equity funding from GM, Standard Oil, Philips Petrol, and Firestone Tire that bought over 1,000 streetcar systems starting around 1936 with the express purpose of ripping up the infrastructure and replacing them with GM-made buses that ran on Firestone tires and used Philips and Standard Oil for fuel. In 1949, they were convicted of conspiring to monopolize the sale of buses and related products to local transit companies controlled by NCL and other companies; GM was fined $5,000 and its treasurer, Grossman, fined a symbolic $1. The movie “Who Framed Roger Rabbit” even addresses it.
www DOT brooklynrail DOT net/NationalCityLinesConspiracy.html
en DOT wikipedia DOT org/wiki/General_Motors_streetcar_conspiracy
I didn’t forget about jay-walking. By 10:00 pm last night, I believed that I had had enough of this blog for one day. As for jay-walking—what anyone can find out if he/she Googles it—Georgia law has shades of meaning and advice, not necessarily calling some actions illegal. For example, it says that “no pedestrian shall suddenly leave a curb and walk or run . . . into the path of a vehicle so close that it is impractical for it to yield.” It gives lots of instruction to pedestrians about crossing streets at intersections where there are walk/don’t walk signals. Does that make contrary action illegal? Georgia law does say that it is illegal for a pedestrian to cross a street in the middle where there is no crosswalk if there are traffic-control signals at each adjacent intersection (my examples: E. Ponce, Noodles to the nail salon or W. Ponce, T Mac to CVS Pharmacy). The nuances of these “laws” are an injury attorney’s dream.
I’m sorry for adding to the back and forth, but I thought the whole section of the Georgia State Code might clear up the riding on sidewalks question.
GA 40-6-144 reads:
The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. Except as provided by resolution or ordinance of a local government for sidewalks within the jurisdiction of such local government authorizing the operation of bicycles on sidewalks by persons 12 years of age or younger, no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway.
I interpret that to mean that no person can ride a bicycle on a sidewalk unless the local government specifically passes a resolution or ordinance allowing persons 12 years or younger to do so. If Decatur has not done this, then I think no one is legally able to ride on sidewalks in Decatur.
You are correct.
Also consider that motorists crossing a sidewalk have no obligation to yield the right of way to a cyclist on the sidewalk. Because of negligence per se, the sidewalk riding cyclist is at fault for just about anything that goes wrong due to this operation.
I’m not for making any of this illegal, and I will also add that I find massive baby strollers and inconsiderate groups of people walking three or four abreast at a snail’s pace on the sidewalks to be far more annoying than skateboards, etc.
You should run the Peachtree with me this Friday. Three or four people walking abreast is the norm, despite the fact the word “race” is in the title. Even in the earlier corrals, this is a too-common thing. If you want to walk it, great. Just start at the back.
What about skateboard STROLLERS?? http://www.ivillage.com/quinny-launches-longboard-skateboard-stroller-urban-parents/6-a-539394
How, oh how should Decatur regulate THESE???
If underage skateboarders were required to wear helmets, kneepads and elbowpads, and the requirement was enforced, it would be a net gain for me as a mother. BTW for those of you as out of it as I am–skateboarding helmets are considered way cooler than bike helmets for reasons I do not understand. IMHO bike helmets look sleek and aero-dynamic and skateboard helmets look functional but clunky.
To me, this boils down to two different areas, transportation and recreation, within the greater context of cultural attitudes and approaches. Looking at the old post and comments here, most of this seems focused on skateboard-inflicted damage as a result of recreational skateboarding’s emphasis on tricks. We all agree damaging public or private property is not acceptable and the McKoy skatepark now provides a dedicated space for practicing said tricks. Therefore, anyone practicing the recreational aspect in a non-dedicated or non-appropriate space should be dealt with accordingly. The same applies for the other wheeled items listed.
Transportation-wise, this boils down to how people here want to use their space, which is where the conflict arises due to people’s choice of transportation. Some people just want cars, others bicycle, others walk, etc. With infill and cultural trends, though, the accepted norms of the last 50 years are changing, hence the push for more bike lanes. The current, narrow sidewalks were designed to acommodate pedestrians in a car-centric system that favors more car lanes. The debate over whether to use the sidewalk then goes back and forth because there isn’t much space, including brianc’s comment about strollers and walking three-wide. In many European countries, the sidewalks are pretty wide along most large corridors because they also include protected bike lanes (denoted by red brick or concrete stones vs green / grey for the pedestrian portion. Cyclists are good about using the lanes (as you aren’t allowed in the street), pedestrians stick to their side, and skateboarders and other wheeled contraptions also use the bike lanes, but give way to those larger or faster. That’s the accepted culture there. What kind of infrastructure do we want here? The status quo? Wider sidewalks that include lanes or to put the bike lanes in the street? Is anything else with wheels allowed in a bike lane? Personally, as long as the wheeled items above are being used solely for transit, I have no problem with it. I prefer a wider sidewalk network that includes the lanes and that all non-motorized wheeled devices use the bike lanes. It separates modes, which is safer for everyone. Just my preference, but people here are going to have to come to some sort of general consensus on approach and go from there.
In response to inquiry, Decatur PD provided us with these annual stats on warnings and citations given under this ordinance…
2014:
Written warnings: 2
Citations: 2
2013:
Written warnings: 9
Citations: 9
2012:
Written warnings: 4
Citations: 0
2011:
Written warnings: 4
Citations: 1
2010:
Written warnings: 5
Citations: 4
Don’t give them any ideas.