Obstructions in Bike Lanes

Question

KC also asked:  Are there any statutes about placing obstacles in the bike lane?  Specifically, the garbage collectors keep putting the cans down in the middle of the bike lane.  Is there an actual law against blocking the lane or putting obstacles in the roadway (since the bike lane is part of the roadway)?

Answer

The bicycle lane is part of the roadway, which is part of the highway.

The state statute, which applies to all roadways, is clear.

s. 316.2035 – Injurious Substances Prohibited; Dragging Vehicle or Load; Obstructing, Digging, etc.

(3) It is unlawful to obstruct …. any street or highway.

It is also possible that this criminal statute might apply.

s. 861.01Obstructing Highway

Whoever obstructs any public road or established highway by …. willfully causing any other obstruction in or to such road or highway, or any part thereof, shall be guilty of a misdemeanor of the first degree ….

There may also be a county or municipality ordinance concerning obstructing the roadway.  One such county ordinance indicates that it is unsafe to place residential waste materials within three feet or as near as safely possible.

This county ordinance indicates that it is unsafe to place the cans too close to the roadway, so carried a step further, it must be unsafe to place them in the roadway.  Although not stated, the implication is clear, that any closer (or in the roadway) would be unsafe.

(f) Placement of residential waste materials and recyclables.  …. All consumers shall place residential waste materials and designated recyclables within three (3) feet, or as near to the paved or improved roadway abutting the consumer’s property as safely possible.

Your county or municipality may have a similar ordinance.

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