Rehoboth accused of waging war on bikes

Bicycle advocates in Rehoboth Beach say city police are so aggressively enforcing bike laws it may as well be called a war on bikes.

Frank Cole, owner of Atlantic Cycle on Wilmington Avenue, said seasonal officers have been ticketing bicyclists making left turns onto Rehoboth Avenue from First Street and from Second Street - even though police have not been ticketing cars making the same turn. Cole said seasonal bicycle officers have taken to hiding behind buildings and in bushes at 6:30 a.m., waiting for cyclists to make a wrong turn.

David Introcaso, a cyclist who lives in Spring Lake, said he and his wife were ticketed for riding their bicycles on the sidewalk on Second Street in July. He said he was given no warning; instead he was fined $67.

Introcaso said he rode on the sidewalk because cars park perpendicular to the curb on Rehoboth Avenue, so drivers can’t see cyclists when they back out. He said he has had some close calls, so he and his wife rode on the sidewalk at a slow speed for their own safety.

City code language says no person shall ride a bicycle on the sidewalks adjoining Rehoboth Avenue from the Boardwalk to Sixth Street and on First Street from Virginia Avenue to Brooklyn Avenue. Introcaso said he was improperly ticketed because the code does not prohibit cycling on the sidewalks on Second Street.

Introcaso said he met with Chief Keith Banks Aug. 12 and was encouraged to contact the city commissioners. He said to date, he has not received a reply.

According to Rehoboth police department, in 2016 the number of bicycle citations had reached 293 before Labor Day. Citations have generally increased since 2013, when there were 224 citations;  263 citations were written in 2014 and then a slight drop to 257 in 2015.

Banks denied that the city is waging any sort of war on bicyclists. He said there have been more bicyclists in town this year, but he attributed the rise in bicycle citations to an increase in police manpower. Banks said this year, the department has often had two seasonal bicycle officers on patrol at the same time, with one officer on the north side of town and a second on the south side.

Banks said the department tries to emphasize safety and gives out warnings when they can. While the department does not keep track of warnings on an annual basis, he said this year officers have reported 385 warnings from May through July. He said that does not include verbal warnings that were not reported to headquarters. Banks said whether to give a ticket or a warning is at the officer’s discretion. Although the department does not list types of bicycle violations in its public reports, Banks said the most common bicycle violations are running stop signs and red lights - particularly at First and Second streets - holding on to cars and failing to have a light on the bike. He said seasonal officers cannot conduct automobile traffic stops.

“There’s not a war on bikes,” Banks said. “We encourage them, but we want people to do it safely.”

Kevin Danahy, co-owner of Tri-Coach at First Street Station who coaches cyclists, runners and others, said the city has been in a tough spot this summer because on one hand, the police have to enforce the law, but on the other hand, cyclists have been getting upset over being ticketed. He said the most common citation he’s seen is cyclists being ticketed for making right turns on red at Rehoboth Avenue and First Street. Right turns on red are illegal during the summer. Danahy said the city has been almost too lenient in enforcing the laws, since cyclists do not seem to understand that bikes have to obey the same laws as cars. However, he said police should give warnings for first offenses to help educate cyclists who may not know the rules and then write a ticket for a second offense.

Cole said from what he has seen, the people getting warnings are mostly riders with small children. Anyone without children has generally been ticketed, he said. Cole said employees of his shop have been followed by seasonal officers on bikes, and he does not buy the argument that the increase in citations is for safety.

Introcaso said there are no signs on Rehoboth Avenue stating bicycles are prohibited from riding on the sidewalks. He said the signs say no rollerblading or skateboarding, which could imply bicycles are permitted. He also said the officer who ticketed him and his wife was heavy-handed and rude.

Of the police tactics this summer, Cole said, “It’s not illegal, but it’s not right. The tactics are over the top.”

Issues related to bicycles are usually discussed by the city’s Streets and Transportation Committee. However, the committee has not met since March 29. Commissioner Lorraine Zellers, chairwoman of the committee, said she plans to hold a meeting to discuss the committee’s role moving forward. Earlier this year, she said, the committee questioned its value, since many of its recommendations have not been adopted by the city commissioners.

Banks said he would not characterize the department’s enforcement of the bike laws as aggressive.

“I’m disappointed with the negative perception, but we have to enforce the laws and educate people. We’ve given more warnings than citations. Hopefully the numbers go down,” he said.