Obstruction in Bike Lane

Question

Howard asked:  I notice that trucks not parked in the bike lane frequently place cones in the bike lane or on the edge of the bike lane adjacent to the main road. This implies that the bike riders must leave the lane and ride in the street. Are there rules about traffic cones being placed in the bicycle lane?

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. 861.01 – Obstructing 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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