Hearing on the "Proposed Rules Governing the Removal and Disposal of Derelict Bicycles"
Please note the change in date and location of this event due to amended proposed rules.
The NYC Department of Sanitation (DSNY) proposes to adopt a new rule called "Proposed Rules Governing the Removal and Disposal of Derelict Bicycles". This rule would add a new section numbered 1-05.1 of Chapter 1, Title 16 of the Rules of the City of New York.
Although the DSNY has made verbal statements published by the press that they might not remove ghost bikes, the Proposed Rules have not been changed in regards to ghost bikes and state that after 30 days ghost bikes can be removed. We urge you to comment and testify at the August 10th hearing on the Proposed Rules as published.
On page two, section (2) the Proposed Rules state:
"Ghost rider" shall mean a derelict bicycle that has been placed on public property and apparently intended as a memorial for someone who is deceased and which may be painted white or have a sign posted on or near it, or flowers or other mementos in the basket."
Page three states:
"...in the event that a ghost rider is affixed to public property, a notice shall be affixed to the ghost rider advising the owner that such ghost rider must be removed within thirty days from the date of notice. This notice shall also state that the failure to remove such ghost rider within the designated time period will result in the removal and disposal of the ghost rider by the Department of Sanitation."
If you are concerned that NYC Ghost Bikes will be removed after 30 days, please submit your written comments and/or present your comments at the public hearing.
Notice of your intention to testify as well as written comments regarding this proposed rule may be sent to the office of the Deputy Commissioner for Legal Affairs, New York City Department of Sanitation, 125 Worth Street, Room 710, New York, NY 10013.
You can also submit a comment electronically through NYC RULES or by calling 311 on or before August 10, 2010.
You can also send an email directly to the DSNY Commissioner and/or contact the members of the NY City Council Committee on Sanitation.
Here are some suggestions of issues with the rules as proposed to include in your response:
1. Ghost bikes (referred to as "ghost riders" in the document) are defined in the rules as inherently derelict when they are first installed. This means that any ghost bike may be subject to removal. We do not believe that all ghost bikes fall under the criteria that determine derelict bikes, and we strongly oppose removal of all ghost bikes.
2. Several of the derelict bike criteria are vague and unhelpful for determining and/or removing abandoned bikes, and should be further explained or removed.
The first listed characteristic of a derelict bike describes it as "unusable." This description is too vague, as it does not explain what the bike might be used for and what makes it unable to be used. Additionally, the ghost bikes are used as functioning memorials, so we wish that this characteristic not be applied to any ghost bikes.
The second characteristic states that a derelict bike may be missing parts. It specifies some parts with the exception of the seatpost, saddle, and front wheel, which may be
removed by a rider for security reasons, but does not include a comprehensive list of parts. Given that some ghost bikes are stripped of unnecessary parts, we wish that the rules more specifically describe exactly which parts must be missing to categorize a bike as derelict, and whether the bike must be missing merely one part, or several.
The third characteristic specifies that a derelict bike may have flat or missing tires. Though many ghost bikes have flat tires, this does not make them an eyesore or a public hazard. Additionally, a completely functioning bike is equally at risk of being locked up with flat tires, due to vandalism, road debris, an unexpected slow leak, or other common bike commuting hazards. We wish that the rules be modified to remove the criterium of flat tires.
3. If ghost bikes are their own category, given that they are removed after a time period of 30 days rather than five, they should have their own criteria to determine which ghost bikes would be considered derelict.
4. The City should create a public database or set up a notification procedure so that interested groups can easily track if any bikes are slated for removal and respond appropriately. A public database would also help bike owners who have left their bikes locked outside and are not able to retrieve them in the five day period to coordinate a way to get their bikes.
5. The rules as proposed do not include an appeals process if any person wishes to challenge a bike's designation as derelict. The City should create and implement a policy that would allow interested parties to repair a bike determined to be derelict or challenge this designation if it is inappropriately assigned. Additionally, when a bike is tagged for removal, the City should include a document that specifies which criteria the bike has fulfilled to be designated as derelict.
6. You may wish to include in your response the value you see in ghost bikes and other street memorials, as well as any personal stories of your experiences with these memorials.
For related news articles see:
http://www.ghostbikes.org/press/sanitation-department-wants-remove-eyesore-bike-death-memorials
Please note the change in date and location of this event due to amended proposed rules.
The NYC Department of Sanitation (DSNY) proposes to adopt a new rule called "Proposed Rules Governing the Removal and Disposal of Derelict Bicycles". This rule would add a new section numbered 1-05.1 of Chapter 1, Title 16 of the Rules of the City of New York.
Although the DSNY has made verbal statements published by the press that they might not remove ghost bikes, the Proposed Rules have not been changed in regards to ghost bikes and state that after 30 days ghost bikes can be removed. We urge you to comment and testify at the August 10th hearing on the Proposed Rules as published.
On page two, section (2) the Proposed Rules state:
"Ghost rider" shall mean a derelict bicycle that has been placed on public property and apparently intended as a memorial for someone who is deceased and which may be painted white or have a sign posted on or near it, or flowers or other mementos in the basket."
Page three states:
"...in the event that a ghost rider is affixed to public property, a notice shall be affixed to the ghost rider advising the owner that such ghost rider must be removed within thirty days from the date of notice. This notice shall also state that the failure to remove such ghost rider within the designated time period will result in the removal and disposal of the ghost rider by the Department of Sanitation."
If you are concerned that NYC Ghost Bikes will be removed after 30 days, please submit your written comments and/or present your comments at the public hearing.
Notice of your intention to testify as well as written comments regarding this proposed rule may be sent to the office of the Deputy Commissioner for Legal Affairs, New York City Department of Sanitation, 125 Worth Street, Room 710, New York, NY 10013.
You can also submit a comment electronically through NYC RULES or by calling 311 on or before August 10, 2010.
You can also send an email directly to the DSNY Commissioner and/or contact the members of the NY City Council Committee on Sanitation.
Here are some suggestions of issues with the rules as proposed to include in your response:
1. Ghost bikes (referred to as "ghost riders" in the document) are defined in the rules as inherently derelict when they are first installed. This means that any ghost bike may be subject to removal. We do not believe that all ghost bikes fall under the criteria that determine derelict bikes, and we strongly oppose removal of all ghost bikes.
2. Several of the derelict bike criteria are vague and unhelpful for determining and/or removing abandoned bikes, and should be further explained or removed.
The first listed characteristic of a derelict bike describes it as "unusable." This description is too vague, as it does not explain what the bike might be used for and what makes it unable to be used. Additionally, the ghost bikes are used as functioning memorials, so we wish that this characteristic not be applied to any ghost bikes.
The second characteristic states that a derelict bike may be missing parts. It specifies some parts with the exception of the seatpost, saddle, and front wheel, which may be
removed by a rider for security reasons, but does not include a comprehensive list of parts. Given that some ghost bikes are stripped of unnecessary parts, we wish that the rules more specifically describe exactly which parts must be missing to categorize a bike as derelict, and whether the bike must be missing merely one part, or several.
The third characteristic specifies that a derelict bike may have flat or missing tires. Though many ghost bikes have flat tires, this does not make them an eyesore or a public hazard. Additionally, a completely functioning bike is equally at risk of being locked up with flat tires, due to vandalism, road debris, an unexpected slow leak, or other common bike commuting hazards. We wish that the rules be modified to remove the criterium of flat tires.
3. If ghost bikes are their own category, given that they are removed after a time period of 30 days rather than five, they should have their own criteria to determine which ghost bikes would be considered derelict.
4. The City should create a public database or set up a notification procedure so that interested groups can easily track if any bikes are slated for removal and respond appropriately. A public database would also help bike owners who have left their bikes locked outside and are not able to retrieve them in the five day period to coordinate a way to get their bikes.
5. The rules as proposed do not include an appeals process if any person wishes to challenge a bike's designation as derelict. The City should create and implement a policy that would allow interested parties to repair a bike determined to be derelict or challenge this designation if it is inappropriately assigned. Additionally, when a bike is tagged for removal, the City should include a document that specifies which criteria the bike has fulfilled to be designated as derelict.
6. You may wish to include in your response the value you see in ghost bikes and other street memorials, as well as any personal stories of your experiences with these memorials.
For related news articles see:
http://www.ghostbikes.org/press/sanitation-department-wants-remove-eyesore-bike-death-memorials