Friday Frivolity: No Vehicles on the Bike Path!

I know, I know. That “no vehicles in the park” hypo is so tired. Clearly no such thing is possible in the modern age.

Here’s a sign I came upon on my bicycle ride around Lake Hefner in Oklahoma City, home to the NBA Champion Oklahoma City Thunder!!! (see below right)

Note the ambiguity in “vehicles,” which is not limited to “motor vehicles” and so could reasonably be read to include bicycles. You might think the ordinance clears things up, and it does in 38-92(d), but then e-bikes are still prohibited (emphasis added).

No individual, except as specifically authorized by the Director, shall operate, ride or drive any vehicle, off-road recreational vehicle, motor bicycle, motor scooter, motor cycle, bicycle, tricycle, velocipede, on park property, except as authorized by State law, other than City streets and specifically designated areas provided for traffic through the parks. Nothing herein shall permit any vehicle to be operated on any City streets other than as authorized by this Code and State law.

(b)

No individual, except authorized City employees and agents of the City, in the performance of their duties, shall drive, operate or ride any vehicle, as described in Subsection (a), on lake bottoms of any City-operated reservoir or reservation unless authorized to do so by the Utilities Director or the Director.

(c)

No individual, except authorized City employees and agents of the City, in the performance of their duties shall drive, operate or ride any vehicle on the earthen or ground or soil or land area of the Lake Hefner Dam unless authorized to do so by the Utilities Director.

(d)

No individual may operate any device not entirely powered by the individual operating it on any multi-purpose, trail, walk, or path, except as authorized by state law. Provided, however, motorized mobility aide devices used by individuals with disabilities as defined in 42 U.S.C. § 1213, et. seq., of “The American with Disabilities Act.” may be operated on any multi-purpose trail, walk, or path.

(Ord. No. 20098, § 2, 1-18-94; Ord. No. 22658, § 1, 2-15-05; Ord. No. 23325, § 1, 3-27-07; Ord. No. 23451, § 7, 9-25-07)

So here’s a hypo: assume this ordinance has not been updated since 2007. Molly is riding her e-bike on the bike trail when she is stopped by a police officer and ticketed for violating the ordinance. Does she have an argument that the ordinance should not apply to e-bikes?

How about this e-bike?