It’s legal to ride your bike on most of the Detroit RiverWalk except for the portion in front of Hart Plaza.

Why? Because of this city ordinance:

Sec. 40-4-7. – Wheeled vehicles prohibited.

No wheelbarrow, handcart, automobile, motorcycle, bicycle, motordriven cycle, go-cart, unicycle, moped, solex cycle or other wheeled vehicles are permitted in Hart Plaza except as approved by the civic center department or recreation department for a scheduled event. This section shall not apply to a handicapped person in a wheelchair nor to emergency or service vehicles.

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It’s a little policy issue we shared with our wonky friends, but it wasn’t a big problem on the RiverWalk since it wasn’t enforced.

Apparently it’s more of big deal now because the Detroit Riverfront Conservancy will soon maintain that portion of the RiverWalk. Currently the Downtown Development Authority (DDA) maintains the RiverWalk from the Port Authority to Joe Louis Arena. The Detroit Recreation Department is developing a maintenance agreement for the Conservancy to take the reins.

The Recreation Department is asking City Council to change the ordinance’s definition of Hart Plaza to not include the RiverWalk. They said it would be the “most direct and expedient resolution.”

Doing this solves the bicycling issue and others. For example, it’s also not legal to walk your dog or roller skate on this section of RiverWalk.

We’d rather the ordinance not restrict bicycles (or unicycles!) in all of Hart Plaza except during events, but the above proposal is a step in the right direction.

We do have to wonder why solex cycles were called out in the ordinance.

Here are just three potential changes which could greatly affect road funding — including bike funding — throughout Michigan.

The Good

According to Crain’s Detroit Business, Governor Rick Synder will call for changes to how Michigan collects tax revenues on motor vehicle fuel. Rather than collect a fixed amount per gallon sold at the pump, he is proposing a percent rate on the wholesale fuel cost. While it won’t raise taxes initially, the total taxes collected will increase with inflation and fuel price increases.

It makes sense to us.

Getting the state legislature to increase the fuel tax, something that hasn’t happened in 14 years, is difficult. The Governor’s proposal removes the need to vote on any tax increases.

The Bad

According to the Spinal Column newspaper, State Senator Howard Walker, a Republican from Traverse City, also wants to eliminate fuel taxes at the pump. He wants to replace the lost tax funding by raising the state sales tax by 1%.

That’s right. Rather than have motorists pay for roads, everyone would.

Those who drive more, say perhaps people in northern parts of the state, would pay less for their roads while those who drive less or not at all would pick up the tab. This proposal would subsidize driving more than we already do.

According to a recent national study, only 51% of road costs are paid by road users. This drop that percentage further with the difference coming from general tax sources.

The Ugly

The Washington Post has this article outlining the very real possibility that Transportation Enhancement funding could be stripped from the next federal transportation bill — or at least made optional at the state level. Enhancements represents about 2% of the total transportation bill.

Losing Transportation Enhancement funding would be devastating to bike facilities development in Michigan and across the U.S..

This is a primary source of funding for on-road improvements, like the 16 miles of new bike lanes in Southwest Detroit. This funding also supports trail development such as the Detroit RiverWalk and Dequindre Cut. And finally, it’s also used for streetscaping which improves walkability while often providing bike parking.

While cyclists and others have banded together to fight off prior attacks on this funding, times are different.

Please contact your Congressperson to let them know we cannot lose Transportation Enhancements.

Michigan Governor Rick Snyder is delivering his message on infrastructure and transportation next Wednesday.

Of course we want him to support multi-modal investments and complete streets.

We also want him to discuss Michigan’s interesting arrangement where county road commissions are in nearly all cases separate from county government.

We recently wrote the Governor and included the following thought:

Under Michigan’s unified form and general law county governments can manage parks, human services, health departments, airports, sewers, water supply, refuge collection, lake improvements, and libraries — but not roads. This means we have to have a separate county government just for roads, Having two governments with similar departments (e.g. law, planning, environmental) is redundant and wasteful. Requiring a county charter to eliminate this waste is not an easy solution.

Road Commissions were established in 1894 and based on Bay County’s Stone Road District of 1883. It’s time to move into the twenty-first century by changing state laws to allow the consolidation of county government and road commissions. ACT 51 should provide financial incentives to counties that consolidate in this manner.

Based on an earlier Detroit News article, he might be considering pushing for such consolidations.

Snyder is expected to call for efficiencies and reforms, including performance-measuring “dashboards” and simplified financial statements he has demanded from state and local governments. The governor also wants to encourage consolidation and is examining whether a regional approach to local roads makes sense, sources said.

What does that mean to cyclists? Consolidation can save transportation money while also bringing greater accountability to the public. If a county is not building complete streets, cyclists should be able to contact their elected county commissioners to demand change.

Regional approaches would be a benefit as well. It’s difficult advocating for bicycling facilities among the many dozens of road agencies across Metro Detroit. Having fewer would make that easier while producing more consistent results.

And regional approaches mean bike lanes would less likely end at a city’s borders.

Some have vehemently claimed that bicyclists don’t pay road taxes and therefore shouldn’t benefit from good roads. Oh, and cyclists are arrogant.

Sounds like 2011? Try 1893.

The Michigan Legislature was about to pass the County Road Law which, upon a vote of the people, would amend the State Constitution to allow counties to levy taxes and construct roads. Some anti-tax farmers from Genesee, Michigan would have no part of that. [Ed. emphasis ours]

To the Honorable the Senate and House of Representatives of the State of Michigan, Lansing, Michigan:

We, the undersigned, farmers of the county of Genesee, Michigan, learning that there is a bill now before your honorable body the object of which is to repeal our present system of highway laws and enact in its stead laws making all highway taxes payable in cash, thereby depriving us of the privilege of paying a portion of our taxes in labor, and looking to large and expensive improvements on the highways of this State, would most respectfully and earnestly remonstrate against the passage of such an act. We as a class feel that our present system is sufficient for all practical purposes, and being a class of citizens upon whom the taxes of our State fall most heavily, do most earnestly protest against the passage of this or any other law that will tend to increase the taxes of the hard worked and already tax-burdened farmer, for the benefit, as it appears to us, of a comparative few non-taxpaying, arrogant wheelmen. And your petitioners will ever pray.

Linden March 2, 1893

The farmers didn’t win the argument. County Road Law of 1893 passed and the people amended the Michigan Constitution in 1894. This law was passed with leadership from the Good Roads movement, including Detroit bicyclist Edward N. Hines.

And as for today’s cyclists, yes, they do pay their share of taxes for roads. A recent Pew Charitable Trust study found that fuel taxes and vehicle license fees paid for 51% of road costs. The remaining 49% comes from other sources such a general funds and millages, which cyclists pay. That doesn’t include the external costs of motor vehicles which is borne by the general population.

Arrogant cyclists? Some. Freeloaders? Not at all.

Further Reading: The History of Roads in Michigan

On September 2nd, Sean Harrington biked to the Detroit RiverWalk with his twin sons in a bike trailer. On the way home, he took the sidewalk north on Park Avenue, which is a one way side street heading south.

When pedestrians and construction scaffolding blocked the sidewalk, he rode on the road for about four car lengths.

That was apparently too much for Detroit Police who issued Harrington a $110 ticket and now may face charges of child endangerment.

What’s even more ridiculous is Park Avenue is a very low volume road. A 2005 study found an average of 280 cars per day on this section of road, which is lower than most residential neighborhood streets. North bound Clifford just west of Park carries ten times more traffic, and Woodward even more still.

Impeding vehicle traffic? Seriously?

This story has gotten a great deal of press locally (Free Press, Crains, mLive, ClickOnDetroit) and is starting to get some national attention as well.

MyFoxDetroit’s coverage includes this video which helps highlight the ridiculousness of this story.

Father Charged with Child Neglect after Bike Ride: MyFoxDETROIT.com