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City

Bylaw officer mistakenly impounds commuter's bike

Posted by Jerrold Litwinenko / April 14, 2010

toronto abandoned bikesThere are countless abandoned bikes in the city of Toronto. Some are left and remain forgotten for months or longer, rusting and decaying - locked to trees, fences, utility poles, and bike racks. Often they're picked apart by resourceful others, who find purpose for the odd pedal, seat, or wheel. And then what? Apparently getting rid of the remnants is as easy as 3-1-1, or, in some cases, bylaw officers on patrol identify, tag, and later have them removed and/or impounded.

But what happens if City staff make a mistake and remove a bike that's not abandoned?

blogTO reader and bike commuter Sharon faced this very scenario earlier this month.

She writes:

Back on April 1st, I returned to my locked bike to find a Notice from the City's Transportation Services Right of Way Management, instructing me to remove my bike from a City-provided post and ring outside my workplace. The Notice stated that if I didn't remove my bike immediately, it would be removed by the City at my expense. I phoned the bylaw officer listed on the notice to inquire about this.

He said that because my chain is rusted, the bike looks abandoned. I told him that it was not abandoned and that I ride it to and from work everyday, but he didn't seem to believe me, suggesting that he could tell if it was abandoned or not by the rust on the inside part of the chain (I later looked at and found that there wasn't much rust on the inner part of the chain at all; it was mostly on the outer part).

He then said I needed to use a different ring everyday. I didn't take this to mean I could never use the same ring again... so, yesterday, I used that same ring I used back on April 1st. By the end of my work day, my reliable little Norco had been removed by the City, and I, helmet in hand, had to make my way to the subway rather than riding home.

This morning I again spoke to the bylaw officer and he said I that I shouldn't have parked it in the same place. This afternoon I spoke to the Supervisor of bike collections, from whom I was supposed to be able to retrieve my bike, and he said that he's "gotta dig it up" and see if they have it (at the Yonge St. Yard).

Needless to say, this is rather frustrating. We need a bike-friendly city, not one where I have to jump through hoops (or post and rings, as the case may be) to cycle to work.

transportation services torontoSo there you have it. A lesson learned the hard way, I suppose. Mistakes do happen. If you get a written notice from the City about your bike being "stored," try not to park your ride close to where the notice was initially given, or you risk having to go on a bit of a time-sucking hunt to retrieve it.

Oh, and keeping a well-oiled chain will benefit you two-fold; it'll make pedaling easier and it'll decrease the likelihood of your ride being mistaken for abandoned or turned into street art.

Photos courtesy of Sharon.

Discussion

51 Comments

jameson / April 14, 2010 at 08:56 am
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Wow that's ridiculous. Small people get a little bit of authority and they use it to make life difficult for everyone else. I hope this person gets a suspension without pay for this and learns a lesson.
DS / April 14, 2010 at 09:00 am
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The odd peddle?
John Henry / April 14, 2010 at 09:02 am
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You could always get a beautiful new bike from Cycle Butik!

Just opened at 2755 Lake Shore Blvd West. City Bikes on the Lakeshore: http://www.cyclebutik.com/. #bikeTO ...not that I am trying to promote them or sell their stuff but this is pretty exciting. I'm going to go check it out after work.
Xavier / April 14, 2010 at 09:14 am
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Oh Toronto... I know the city doesn't want cars on the roads. Now it looks like it doesn't want bikes out there either.
If only they were so diligent when it came to the homeless
Dave / April 14, 2010 at 09:36 am
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I have to side with the bylaw officer, he's just doing his job, which is more than we can say about most city employees.

you need to take car of your bike, if you ride it everyday than its in your best interest to keep the chain greased anyway, stop being lazy.

if your going to complain about a city employee, pick one who isnt doing his job.
DrC / April 14, 2010 at 09:37 am
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What a bunch of moron.

"Bike are prohibited from being stores..." (sic).

Richard S replying to a comment from John Henry / April 14, 2010 at 09:45 am
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What's more pathetic? The by-law officer, or your shameless shill?
Seshan replying to a comment from Dave / April 14, 2010 at 09:54 am
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Really, You side with the bylaw officer even after he was called to be told that the big wasn't abandoned?
Mark / April 14, 2010 at 10:14 am
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By-law officers shouldn't be looking around for "abandoned" or "stored" bikes around places of business during regular business hours. It's the bikes that are parked around businesses all other times that are more likely being "stored" there. Does this mean that my bike can be tagged and removed while I'm at work? There are only four city bike rings outside my office, so I can't exactly move my bike far and our building's own bike "parking" is a cheap metal stand that isn't even secured to the ground. I'm actually surprised this didn't happen to me when my bike chain rusted out over the winter.
matts / April 14, 2010 at 10:14 am
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Such a bullcrap. Unless the bike in question was really in horrible disrepair, one can easily tell abandoned bikes apart. And I wish the bylaw officers were as diligent about removing those - I can name several really abandoned bikes (parts missing, wheels bent outta shape, etc), yet they remained chained for months to their posts, crumpled on the sidewalks.
agentsmith replying to a comment from jameson / April 14, 2010 at 10:14 am
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Exactly. You can't chain your bike in the same spot, like ever again? Says who? If I park my car in the same spot more than once, is it "abandoned" too? Or if my rims are kinda rusty? It makes no sense at all. If a bike is in the same spot every weekday, it seems pretty obvious that someone might be riding it to work. If that bike is still there at like 3AM every night and never leaves, THEN it's probably safe to assume it's abandoned. This guy is either too dumb or too lazy to properly verify whether the bike is abandoned or not, he just uses his retarded "tests" like whether the chain is rusty.
Sharon / April 14, 2010 at 10:18 am
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Dave, the chain was well oiled and working fine! Even had my wheels checked and tires pumped not too long ago! Quite bold of you to call me lazy there, Dave. ~Sharon
Sharon replying to a comment from Dave / April 14, 2010 at 10:19 am
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Dave, the chain was well oiled and working fine! Even had my wheels checked and tires pumped not too long ago! Quite bold of you to call me lazy there, Dave. ~Sharon
FitDarcie / April 14, 2010 at 10:32 am
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I'm so fortunate that I can bring my bike into the office. I know most people can't. I can't believe after the bylaw officer was contacted by the bike owner that he impounded it anyway. Yes, he was doing his job, but if a rider is going through the trouble of calling it in, he's probably the exception, and the bylaw officer should have seen that.
Mark replying to a comment from Mark / April 14, 2010 at 10:40 am
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Forgot to mention that there is actually an "abandoned" bike on one of the rings outside my office. It's a really old (or "vintage" depending on who you talk to) bike, the rear wheel is massively bent out of shape and it sits there, tilted over every day when I get in, no matter how early. It's unrideable. There's also an abandoned U-lock on one of the rings. Do the by-law officers repo "stored" locks, or just bikes?
gadfly replying to a comment from agentsmith / April 14, 2010 at 10:48 am
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NO,we motorists get to pay $2 (or more) an hour for the 'privilege' of leaving our rusty or decaying vehicles at a parking spot. Suck it up, people - all kinds of parking tickets are issued every day that are wrong or bone-headed: I doubt many people on blogTO would give a damn about that!
I had my car and trailer towed from Ashbridges Bay once, costing me $120 because the city f$#ked up - I had even asked an officer who was ticketing cars (that had no trailers) if I was okay to leave my vehicle there. Of course, the city later dropped the ticket, but I still had to pay the towing charge - not to mention leaving 4 or 5 friends stranded at dockside while I scrambled via taxi to find out where my car and trailer were!
We all have sob stories, it's just part of the fun of living in the big smoke!
Andrea / April 14, 2010 at 10:54 am
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What happend to that mandate to make Toronto more bike friendly? The spring biking season has just begun and this is a sour way to start things off.
Really, how is one to know if the city has taken your bike away or if it was stolen?

Dave, if the by-law officer was doing their job correctly, Sharon would have her bike now and they wouldn't have to go looking for it. The "well oiled chain" metaphor goes a long way in their methods of impounding as well... perhaps they are the lazy ones. You don't work for the city do you?

Chris / April 14, 2010 at 11:57 am
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That story really sucks.

Notwithstanding that the by-law officer was "doing his job", it seems that some discretion could have been exercised here. Obviously the bike was not in fact, abandoned - as others have noted, who would go through the trouble of contacting the by-law officer in respect of a bike they've abandoned?

Seriously, some common sense needs to be exercised in these kinds of situations, either by the officer or by his or her managers.

Sucks but / April 14, 2010 at 12:12 pm
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Too bad for the bike owner, but to me this isn't much of a story. Even if we had the most efficient city bureaucracy in the world, mistakes like this one would happen from time to time. If there was a rash of these incidents I think it would warrant concern, but one person's bike mislabeled and carried away by the city erroneously? That's life. How often do cars get towed when they really shouldn't be? I bet it happened to a least one car owner (most likely many, many more than that) on the exact same day that this mishap happened to Sharon. Not cars vs. bikes, but just saying it's a mistake, it happens.
Jo / April 14, 2010 at 12:17 pm
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Well...believe it or not there is due process to follow in these cases...Which begins with a 7 day notice before removal...So something doesn't add up here!

I've blogged about this and other details at:

http://thumbshift.wordpress.com/2010/02/18/cleaning-up-carcasses/

RideOn
jo
Dave replying to a comment from Andrea / April 14, 2010 at 12:58 pm
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Does making toronto more bike friendly mean leaving broken bikes on the posts?
all you bikers think the city should bow to you.

Like GADFLY said we all have SOB stories about stupid tickets, just because you bike doesnt make you exempt.
jameson / April 14, 2010 at 01:06 pm
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Thanks for the comment about this lack of integrity of this story. Really shows how you little you know about sustainability.

What city is this image from? I think it's a popular tourist destination...

http://dorninger.servus.at/system/files/images/amsterdam_bikes.jpg

Do these bikes need to be checked for rusted chains too? Bylaw officers need to get their priorities straight and understand the point of their jobs, instead of going out and making hostility for citizens.
Alex / April 14, 2010 at 01:07 pm
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I call shenanigans on this one, and definitely side with the city
Geoff / April 14, 2010 at 01:21 pm
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As Sharon's friend, I'd like to add that the bike should never have been mislabeled. Sharon's bike is rusty, because it's stored outside, but perfectly serviceable. The tires were pumped up, the wheels were true, the chain was rusty but tight and running smoothly, and it was locked with a 'New York' Kryptonite, plus another lock - a far cry from the bikes on the 'street art' web page. It's actually a perfect commuter bike - anyone who cycles a lot in Toronto knows a really nice looking bike will just get stolen. Cyclists in this city have enough problems without having to worry about having their bike hauled away by the city because it's not pretty enough.

I was out cycling for the day with Sharon just over a week ago – we went across Harbourfront, up the Don River trail, back down along Bayview Ave., across Rosedale Valley Rd and back to downtown. She's a good cyclist and her bike was working perfectly. It’s not like her chain was catching or grinding and sounding like it was about to break.

The city should be apologizing and getting her bike back to her pronto - preferably with a new lock. It's pretty clear that there was no follow-up to her phone call and no effort was made to check that her bike wasn't there overnight. 'Don't park your bike in the same place' is a ridiculous response from the by-law officer. She should be allowed to park her bike in front of the building where she works. This is no way to encourage cycling in Toronto.
S / April 14, 2010 at 01:34 pm
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Best to pay and get a bike licence, just like cars have and it won't be removed.
B. R. Ashley replying to a comment from Xavier / April 14, 2010 at 01:40 pm
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Xavier wrote: "Oh Toronto... I know the city doesn't want cars on the roads. Now it looks like it doesn't want bikes out there either.
If only they were so diligent when it came to the homeless" And just where would they dump them??
Andrea / April 14, 2010 at 02:07 pm
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So ummm Dave.... do you drive your car to work then?
Lincoln / April 14, 2010 at 03:06 pm
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This is nothing. Last year construction workers at Yonge and Eglinton tore up the entire first two blocks north of Eglinton on the east side. They threw all the locked bikes to the side of the road, most of them separated from the posts that their bulldozers had torn in half. One such bike belonged to Vortex Records owner Bert Myers. When he asked for his bike back, they said they'd misplaced it. When he contacted the mayor's office, they told him the city followed procedure, which included placing bikes in a storage container until claimed. When photos of the bikes laying in the street near busted poles were sent to the mayor's office, the mayor's office basically said too bad. <a href="http://vortexrecords.ca/city_bike/";>Here's a few of the photos</a>. All local press was contacted, but no one wrote about it that I know of.
jennifer / April 14, 2010 at 04:02 pm
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Yikes, I always lock at the same hoop every day too. My bike is in good working order, but really rusty and cruddy looking (has to be or else it will get stolen). Something else to worry about now...
Dave replying to a comment from Andrea / April 14, 2010 at 04:33 pm
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No ummm Andrea, I take the street car or walk.

Dave replying to a comment from Lincoln / April 14, 2010 at 04:36 pm
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Lincoln Are you serious?

the only two bikes in the picture are ticketed anyway, and completely rusted,

so yeah if the workers threw them in a pile, too bad.
Lincoln / April 14, 2010 at 04:54 pm
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Yes, I'm serious. The bike of the Vortex owner was not rusted and had been ridden up to the shop in the morning. It was gone by 1pm. I arrived to the shop at 2pm and took the photos. You can see all the poles in one picture, one of those had Bert's bike attached to it. The only other bikes which hadn't been taken away--stolen, after being left by the road--yet (because, as you say, they were rusty and junk looking) were the ones I photo'd. Had there still been more bikes there, I would have photo's them but they were all gone. I'm talking two blocks at Yonge and Eg, which is a pretty busy area. I'm sure Bert's bike wasn't the only one stolen after being chucked to the side of the road. The workers are supposed to put them in a lock box, which looks like a large garbage dumpster but has a door on it. They had a lock box there but didn't bother putting any bikes in it. We asked them to open it and they, unaware they were supposed to put the bikes in there (I know they're supposed to because the Mayor's office sent me the procedure list), they accused us of accusing them of trying to steal the bike. When they opened the box, all that was in it was their own tools. When I asked the Mayor's office why they didn't flyer the street saying not to use the bike posts, they told me, they didn't bother because, "the City and the contractor have been having problems with vehicle parking signs ("Emergency No parking") being vandalized and removed on a daily basis".
chephy / April 14, 2010 at 05:00 pm
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This is ridiculous! Now you have to worry whether your bike looks pretty enough to the enforcement officers? But not too pretty for thieves. Gee... kind of a balancing act!

I've heard of this kind of thing happening before: e.g., bikes being removed because the owner took the seatpost off (otherwise a quick-release seatpost would be snatched up by thieves). The worst is that it happened without any prior notice, during the big "spring cleaning", when bylaw enforcement officers go around and just remove any bikes they don't like the look of. It's really quite mind-boggling. Alas, if it's "just a bike", nobody cares. It's fine to cut off its lock (NY Kryptonite locks are over $100, BTW) throw it in a pile, remove it at any time. No wonder more people don't want to ride, given this sort of attitudes...
seanm / April 14, 2010 at 06:36 pm
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While I don't think it was fair judgment on the officer's part, you've got to be pretty thick to go and chain your bike right back on the same pole after that conversation. I mean really, even if it is unfair, use some common sense.
cocoa / April 14, 2010 at 06:57 pm
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"City Forces"? Yikes!
Andrea replying to a comment from Dave / April 14, 2010 at 09:47 pm
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ummm glad to hear you don't drive! good on ya!
Ted / April 14, 2010 at 09:49 pm
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These kinds of incidents always seem to polarize the reaction, dividing people into opposing camps of those who want to target the powers that be versus those who want to blame the individual for their behaviour. The most relevant comment so far is the post including the photo of Amsterdam bike parking.

As a community, as a city, or as a market, we will collectively determine what the appropriate level of prioritization is. Bike parking of the kind in the Amsterdam photo is costly, and can only be provided as a private venture assuming the risk, or as a public venture if supported by the electorate.

So, if you're entrepreneurial and value cycling as a transit or recreation, maybe a privately operated bike parking lot or garage is your solution. If you prefer the political process, vote for candidates who support cycling initiatives - the election is approaching - or get involved with cycling interest groups. I'm sure cycling advocates are watching this issue with interest.
Sharon replying to a comment from seanm / April 14, 2010 at 09:50 pm
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Seanm, I don't consider myself "thick"- but thanks for the constructive comment (?!). Abandoned bikes that are given a Notice are supposed to be removed within 7 days, so it should have been fine to use the same pole (which is closest to my work entrance) nearly 2 weeks later, especially considering I had spoken to the bylaw officer on the day of the Notice and told him that the bike wasn't abandoned.
Soren / April 14, 2010 at 09:57 pm
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Yikes. If your bike is too fresh it'll get stolen and if it's too worn it'll get impounded by the city. I don't get Toronto's hostility toward cyclists.
Stuffed Poodles replying to a comment from S / April 14, 2010 at 10:48 pm
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"Best to pay and get a bike licence, just like cars have and it won't be removed."

Yup. Cars have license PLATES and you know what? They do get removed. Try leaving yours downtown on a main arterial roadway after 3:30 M - F and see what happens. Try King Street or Adelaide.
Joel M / April 14, 2010 at 11:26 pm
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This is an unfortunate situation, hopefully the city can change it's policy on how they decide to take a bike.

However there are an ungodly amount of abandoned bikes in this city. Until a blitz at Dupont Station virtually every bike post there was covered with bikes that had been there for months, and some had been stripped to the frame. Not only is it ugly, it prevents people from using the posts to park their bikes. The removal policy is definitely needed.

I had an abandoned bike on the ring outside of my house for 10 months, finally when I heard it could be taken away I called the city. It had flat tires, rust everywhere and never changed positions. They placed a warning sticker on the bike and left it there for 2 weeks before removing it.

The city's website says you're allowed to park in the same spot for 1 week max, which is why I find this story so puzzling. Either they've changed the policy or the enforcement guy doesn't know what he's talking about.
tonian / April 14, 2010 at 11:32 pm
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Or.... you could have left a dated note on your bike saying it is not abandoned, you just chain in there regularly...
CS / April 15, 2010 at 07:18 am
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Was the bi-law officer's name Igor Kenk?
gadfly replying to a comment from Andrea / April 15, 2010 at 07:59 am
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yes, and I'm a crack dealer, too. SHEESH!
Dave replying to a comment from Andrea / April 15, 2010 at 10:35 am
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I drive everywhere else though
Soren replying to a comment from CS / April 15, 2010 at 10:54 am
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lolz
kj / April 16, 2010 at 01:15 pm
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WOW. For the last year and a half ( maybe more ?), I have walked my dog past a bike locked up at corner of Yonge & Grosvenor... tons o garbage overflowing in the milk crate basket....why has no one impounded this bike???? Right around that mess of a building called police headquarters...
You know the one with tons of bird shit , and cigarette butts all around it.

kj / April 16, 2010 at 01:20 pm
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WOW. For the past year and half ( maybe more) I have had to walk past a bike @ Yonge and Grosvenor with a milk crate basket overflowing with garbage.
RIght around police headquarters, you know, the building with all the bird shit and cigarette butts around front entrance...
Tommy / April 16, 2010 at 07:23 pm
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i dont think you learned your lesson yet sharon. lesson is if you are going to store your bike in front of your work at least take the time to look like your riding it(grease the chain, move to a different ring, perhaps ride it around)or dont complain about the "time-sucking hunt" you have to do to get it back. if a by law officer tells you hes gonna come back in 7 days and see if he should take it or not. move it within that time...you should have no further problems
Laurie / July 13, 2010 at 01:57 pm
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I really do believe these bylaw enforement people should learn to spell. When you hand out the notice..make sure your spelling is correct!
Sheila Stone / July 15, 2011 at 12:45 pm
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They do this so the police can then sell them on their EBay site and make money.....

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