Some time ago there seemed to be some question as to whether bikes might
be prohibited with a new design of Lake St. traffic. (I was never sure
if the issue was prohibition or discouragement). Here is a definitive
answer on the issue. Members can file it for reference if prohibition
ideas surface again.
TO: Representative Phyllis Kahn
FROM: John Williams, Legislative Analyst
651-296-5045
RE: Bicycles on Lake Street
This memo responds to your question as to whether Minneapolis has the
authority to bar bicycles from using Lake Street and require them to use
the Midtown Greenway.
State law (Minnesota Statutes, section 169.04) sets out areas of
traffic and vehicle law where local governments may exercise authority,
including parking, traffic signals, regulation of parades, designation
of one-way streets and through highways, and regulation of truck
weights. Authority to prohibit or restrict bicycle operations is not
included in the list.
Cities do have the authority to prohibit bicycles on two types of
roadways:
4 controlled-access highways where types of traffic can be
regulated or prohibited by order under Minnesota Statutes, section
169.305
4 pedestrian malls established by local resolution under Minnesota
Statutes, section 430.011
Bicycle traffic is prohibited on freeways under the first authority,
and is prohibited on the Nicollet Mall under the second authority.
Lake Street does not qualify as either a controlled-access highway or
as a locally-designated pedestrian mall, so there is no law under which
Minneapolis or Hennepin county could prohibit bicycles from using Lake
Street. In the absence of any law giving the city or county such
authority, the controlling statute would be Minnesota Statutes, section
169.222, subdivision 1, which generally provides that "every person
operating a bicycle shall have all of the rights and duties applicable
to the driver of any other vehicle by this chapter."
>From this it seems clear that no local government could prohibit
bicycles from using Lake Street or require them to use a nearby bicycle
path.
Please let me know if you have further questions.
Phyllis Kahn State Rep 59B.
TEMPORARY REMINDER:
1. Don't feed the troll! Ignore obvious flame-bait.
2. If you don't like what's being discussed here, don't complain - change the subject
(Mpls-specific, of course.)
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