Orange Bicycles

Question

Lynn asked:  What is the significance of the orange bikes which are chained to sign posts around Western Delray Beach? The number of bikes keeps growing! There are at least four of them along the Atlantic Ave. corridor between Hagen Ranch Road and Lyons Rd.

Answer

They are probably advertising material for a gym.  If they are in the public right of way, they would likely be unlawful. That would depend on the location. It could be considered a parked vehicle, an obstruction, advertising or an abandoned vehicle, and subject to removal by authorities.

These are some applicable state statutes.

The term “highway” includes the roadway, sidewalk and all adjacent public property to the outer boundary.

s. 479.12 – Outdoor Advertising on Highways

Any person …. who in any manner paints, prints, places, puts or affixes any advertisement upon or to any rock, stone, tree, fence, stump, pole, mileboard, milestone, danger sign, guide sign, guidepost, highway sign, historical marker, buildings, barns or other object lawfully within the limits of any highway, shall be guilty of a misdemeanor of the second degree ….

s. 316.003 – Definitions

(53) Street or Highway

(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic ….

s. 337.406 – Unlawful Use of State Transportation Facility Right-of-Way; Penalties

(1)…. it is unlawful to make any use of the right-of-way of any state transportation facility, including appendages thereto, outside of an incorporated municipality …. Such prohibited uses include, the display of advertising of any sort….

s. 316.2045 – Obstruction of Public Streets, Highways, and Roads

(2)It is unlawful, without proper authorization or a lawful permit, for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by any of the means specified in subsection (1) in order to solicit.

s. 316.194 – Stopping, Standing or Parking Outside of Municipalities

(3)(a) Whenever any police officer or traffic accident investigation officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the vehicle, to a position off the paved or main-traveled part of the highway.

(b) Officers and traffic accident investigation officers may provide for the removal of any abandoned vehicle to the nearest garage or other place of safety, cost of such removal to be a lien against motor vehicle, when an abandoned vehicle is found unattended upon a bridge or causeway or in any tunnel, or on any public highway in the following instances:

Where such vehicle constitutes an obstruction of traffic;

Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 48 hours, in other than designated parking areas, and is within 30 feet of the pavement edge; and

Where an operative vehicle has been parked or stored on the public right-of-way for a period exceeding 10 days, in other than designated parking areas, and is more than 30 feet from the pavement edge. However, the agency removing such vehicle shall be required to report same to the Department of Highway Safety and Motor Vehicles within 24 hours of such removal.

Additionally, Delray Beach has an ordinance that permits removal of abandoned bicycles.

Sec. 72.04. – Abandoned Bicycles; Notification

When any bicycle shall remain upon any public street or other public way, public park, or other public grounds of the City for a continuous period of forty-eight (48) hours or more, or reasonably appears to be abandoned, the bicycle shall be taken possession of by the Chief of Police or any police officer of the City and stored at some convenient place. If the owner of the bicycle is known, he shall at once be notified that the bicycle is in the custody of the Police Department and directed to repossess himself of the bicycle within ten (10) days and that if he does not, that the bicycle will be sold and the proceeds disposed of as provided by general law.