The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-23
RIDING ON THE SIDEWALK.
A VICE POINT or LAW CONCERNING
BIOHCLISTS.
Magistrate simms Holds That There rs Ne
Ordnance at Present ForbiddinG wheeimon
TO Hide on the sidewaik-He Thinks That
Thnrn nnrht IN IL. ana Whites 10 Say 30.

Magistrate simps Hoids That There rs Ne
Ordnance at Present ForbiddinG wheeirnon
TO Ride on the sidevnIk-He Tbinks That
There Ought 10 Bc. and Writes 20 say 30.
Tho following lottor was to-day sent by City
Magistrate Charles L. Simms, Jr., to Frederick
A. Ware. Chairman Of tho Law Committee OF
the Common Council:
"DEAR SIR: Several days ago n woman was
brought before mo for riding on the sidewalk on
jerome avenue. near Fordham road. 1t appears
that the roadway at that point is unridable,
owing to the fact that the Union Railway
Company is now laying tracks on 1t, and the dirt
excavated IL being thrown on either side OF the
tracks, making IL impossible for one to ride a
wheel on the street. The woman testified that
an officer told her that she could ride at the
place mentioned, but another officer arrested
her.
She was brought before me for o violation Of
section 200 of the revised corporation ordi-
nances, which reads: No person shall drive or
back or lead any horse or cart or other wheeled
carriage on any path or sidewalk of any street,
under penalty of a fine Of So held that this
section did not apply, rs 1t refers to and was In
tended to apply only to cnses Of persons who
might drive. back. or lead a horse to which q cart
or wheeled carriage was attached. This view Is
supported by a reading Of the preceding section.
which provides for the leading or driving of
any horse or the dragging of any wheel or hand
Thu you see the ordinances cover the lead
ing, driving or backing OF a horse with cart or
Z inv wh or Sae SairTlaS Sf q a' sorse u nma ache dht to ie any
wheel, and also the dragging OF a wheel or
hand barrow. on the sidewalk, but nothing Is
said about riding bicycles In any other section.
The sections l have quoted were In tho revision
of 1880. almost before tho day Of the bicycle.
tho case of a person riding on a sidewalk.
Besides. the ordinance referred to Is a penal one.
tom sion a mSst be- strictly rG eon st Sad'u and cannot be-
extended by implication. beyond the legitimate
import Of the words used in 1t SO to embrace
cases or acts not clearly described by such
words as to bring them within the prohibition
or penalty Of such ordinances.
"In other words. the statute being n penal one.
II cannot be extended to cover cases not within
the meaning of the language employed, though
the acts may be within the meaning of the mis-
authorities In other cities and towns In
this State have recognized the situation, for not
understanding the fact that section 652, Penal
Code, makes n driving of any cattle, sheep.
horso, swine, or any animal upon a sidewalk
thirty days or both. the Common Councils and
town boards h :, passed ordinances relating
%tscction 65o, Penal ,Code) covers only the cases
ing the riding OF a bicycle on the, sidewalk. and
built up section Of our City, be inserted in the
proposed ordinance relating to bicycles which
Is now before your Law Committee, so that
hereafter there shall be no question as to
"Of course 1t would DO perfectly legal and
proper under some circumstances to take a COM
plant of disorderly conduct against a person
riding. q bicycle on q sidewalk, but think that
you will agree with me that bicycle riding on
the sidewalks and coasting in this city should
not DO permitted, and that an ordinance should
be passed prohibiting sidewalk riding and coast
Ing and making any infraction of 1t punisha-
BILE, upon conviction, by n fine not exceeding $40.
your committee and endeavor to have these con-
ditions mentioned in the ordinances relating to
bicycles now before you for your approval"