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Is there some kind of accepted protocol for dealing with abandoned bikes that are locked to bike racks taking up valuable space? I wouldn't normally care, but the bike rack outside my office is *very* full, and this one bike appears to have been abandoned there in one of the best spots. The seat is long since gone/stolen, but the front tire is locked up with the back tire and frame.
I know the bicycle couriers would appreciate an extra spot during the day. Not sure if I should just mind my own business.
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Grace,
Call 3-1-1 and report the abandoned vehicle (I think they actually will forward you to another number). APD will cut the lock and remove the bicycle. Here are the pertinent parts of the code regarding parking a vehicle/bicycle:
§ 12-2-15 PARKING.
(A) A person may not park a bicycle:
(1) in a manner that obstructs pedestrian or vehicle traffic; or
(2) in a space designated as a vehicle parking place or between two designated vehicle parking places.
(B) A person may not attach or secure a bicycle to public or private property in a manner that may damage, impair, or render the property unusable.
§ 12-2-36 PENALTY; ENFORCEMENT.
(A) A person commits an offense if the person performs an act prohibited by this article or fails to perform an act required by this article.
(B) An offense under this article is a Class C misdemeanor punishable by a fine not to exceed:
(1) $20 on a first conviction; and
(2) $40 on a subsequent conviction.
§ 12-1-53 IMPOUNDMENT OR REMOVAL OF VEHICLE.
(A) A police officer or parking enforcement officer may impound a vehicle found in violation of:
(1) Code Section 12-5-35 (Parking Areas Designated for Persons with Disabilities);
(2) Chapter 545 (Operation and Movement of Vehicles), Subchapter G (Stopping, Standing, and Parking) of the Texas Transportation Code; or
(3) Section 681.011 (Offenses; Presumption) of the Texas Transportation Code.
(B) A police officer may impound a vehicle whose location or condition creates an immediate threat to the safety of persons or property.
(2) ABANDONED PROPERTY means personal property, other than a motor vehicle, that is left unattended in a public place:
(a) in violation of law;
(b) for more than 48 continuous hours; or
(c) in a manner that interferes with vehicular or pedestrian traffic.
§ 9-1-2 PUBLIC NUISANCE; OFFENSE.
(A) Abandoned property, an abandoned motor vehicle, or a junked vehicle is a public nuisance.
(B) An inoperable motor vehicle left on public property for more than 48 continuous hours is a public nuisance.
(C) A person commits an offense if the person creates or maintains a public nuisance described by this section. Each day that the nuisance persists is a separate offense.
(D) A culpable mental state is not required, and need not be proved, for an offense under this section.
(E) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200.
§ 9-1-7 PROPERTY OTHER THAN A MOTOR VEHICLE.
(A) The City may remove abandoned property to a place of impoundment designated by the city manager.
(B) If the person's name and address is known, the city manager shall, no later than the 10th business day after the date of the impoundment, notify a person whose property is impounded under this section that the property has been impounded.
(C) The City has a lien against impounded property for the fees provided by ordinance and for costs incurred by the City in impounding, storing, advertising the property, and providing required notices. The lien is prior and superior to all other liens of every kind, except a lien for ad valorem taxes. The City may retain possession of the property until all costs are paid and may sell the property as provided in this section.
(D) A person legally entitled to possession of impounded property may redeem the property by paying the fees and costs described in Subsection (C).
(E) The city manager may sell impounded property as provided in this subsection.
(1) Before selling impounded property the city manager shall post notices at the county courthouse and at the city hall, and shall have the notice published once a week for two consecutive weeks in a daily newspaper published in the City. The date of the posted notices and of the first published notice must be no later than the 14th day before the date of the sale. The notice must describe the impounded property, state that the property is unredeemed and will be sold, and state the date, time, place, and manner of sale.
(2) If impounded property is not redeemed by the date and time stated in the notice, property shall be sold as provided in the notice. The buyer takes the property conditioned on the right of redemption under Subsection (F).
(3) The city manager shall deduct the fees and costs described in Subsection (C) from the proceeds of the sale and hold the balance, if any, for the owner of the property. If the owner fails to claim the proceeds before the 31st day after the date of the sale, the proceeds become the property of the City.
(F) If the property has been sold, a person legally entitled to possession of impounded property may redeem the property from the buyer of the property by paying the buyer double the amount paid by the buyer of the property, and any reasonable expenses incurred by the buyer for keeping the property. Property may not be redeemed under this subsection after the 30th day after the date of the sale.
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§ 12-2-15 PARKING.
(A) A person may not park a bicycle:(…)
(2) in a space designated as a vehicle parking place or between two designated vehicle parking places.
Silly me, I always thought of bicycles as vehicles.
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