Actually without a placard they are quite see through so I don't see how they obstruct the view.
Section C wouldn't apply to the Sekreta Ghostbike that was in the wide seperated median chained to the Bike Crossing Sign's post. It neather damaged nor obsrtucted the view, you can see the workers arms beyond the Ghostbike in the Journal Photo.
--- On Mon, 3/16/09, Lori Meszaros <lorimeszaros at yahoo dot com> wrote:
From: Lori Meszaros <lorimeszaros at yahoo dot com>
Subject: RE: [nmlci] Answer: Ghost Bike Gone, New Mexico law possibly violated?
To: "Johnson-Grover" <johnsongrover at msn dot com>, "Craig Degenhardt" <blacktiebicyclist at yahoo dot com>, bikeabq at yahoogroups dot com, "Diane Albert" <dalbert at cybermesa dot com>, spencerk at lanl dot gov, "Khalil Spencer" <khalil at losalamos dot com>
Cc: corey at vintagesherpa dot com, tomp dot trowbridge at state dot nm dot us, nmlci at woozle dot org
Date: Monday, March 16, 2009, 8:25 AM
|
I love the idea of the ghost bike and I am not opposed to them, I think they make a great statement, but they are pretty big and I can see why people may say they obstruct view. Maybe we could come up with a cross with a bike on it?
Just a thought, Lori M
--- On Sun, 3/15/09, Khalil Spencer <khalil at losalamos dot com> wrote:
From: Khalil Spencer <khalil at losalamos dot com>
Subject: RE: [nmlci] Answer: Ghost Bike Gone, New Mexico law possibly violated?
To: "Johnson-Grover" <johnsongrover at msn dot com>, "Craig Degenhardt" <blacktiebicyclist at yahoo dot com>, bikeabq at yahoogroups dot com, "Diane Albert" <dalbert at cybermesa dot com>, spencerk at lanl dot gov
Cc: corey at vintagesherpa dot com, tomp dot trowbridge at state dot nm dot us, nmlci at woozle dot org
Date: Sunday, March 15, 2009, 3:34 PM
I've seen quite a variation in memorials up this way. Never heard there was a standard allowable design, so why not include a bicycle? There is one legal loophole. See section C. 30-15-7. Desecration of roadside memorials; penalty.
A. A person shall not knowingly or willfully deface or destroy, in whole or in part, a descanso, also known as a memorial, placed alongside a public road right of way to memorialize the death of one or more persons.
B. A person who violates the provisions of Subsection A of this section is:
(1) for a first offense, guilty of a petty misdemeanor and upon conviction shall be sentenced
pursuant to the provisions of Section 31-19-1 NMSA 1978; and
(2) for a second and subsequent offense, guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
C. The provisions of this section shall not apply to law enforcement officials or other employees of the state or a political subdivision of the state who in the course of the lawful discharge of their duties move or remove a descanso that obstructs or damages any public road in this state or to
an owner of private property upon which a descanso is located.
Seems to me the government can only take it down if it is obstructing something. Santa Fe has argued that you cannot obstruct the center median of a road as it obstructs vision, or something like that. Put up a new memorial with flowers and a smaller ghost bike or perhaps just the bicycle wheels, and make sure it doesn't obstruct the public road in any way. Then file the lawsuit if it gets taken down. At 09:06 AM 3/15/2009, Johnson-Grover wrote:
Ummmmm
30-15-7. Desecration of roadside memorials; penalty.
I think there's an issue here. If the city tampers with the bike then how can they justify leaving all the other hundreds of descansos around town? I'm sure this is not the first time this issue has come up...if anybody knows anybody about what challenges have occurred in the past, now would be a time to think about getting involved...
Is this not a direct test of the Lemon or Establishment clause Diane???
Date: Sat, 14 Mar 2009 17:25:09 -0700
From: blacktiebicyclist at yahoo dot com
Subject: [nmlci] Answer: Ghost Bike Gone
To: bikeabq at yahoogroups dot com
CC: corey at vintagesherpa dot com; tomp dot trowbridge at state dot nm dot us; nmlci at woozle dot org
FYI
Lets wait till constuction is over to see what happens.
--- On Sat, 3/14/09, Silda Mason <sirqmason at yahoo dot com> wrote:
- From: Silda Mason <sirqmason at yahoo dot com>
- Subject: Re: [bikeabq] Ghost Bike Gone
- To: blacktiebicyclist at yahoo dot com
- Cc: "'Board BikeABQ'" <board at bikeabq dot org>
- Date: Saturday, March 14, 2009, 5:27 PM
- I was on a bike ride with the Touring Society this morning around 10am and we went by there. A man was cutting the lock. I asked him who had ordered it removed, and he said Jay Evans (?) by order from the Mayor had ordered him to remove it. Are they really going to put a traffic light there?
- Silda
- --- On Sat, 3/14/09, Black Tie Bicyclist <blacktiebicyclist at yahoo dot com> wrote:
- From: Black Tie Bicyclist <blacktiebicyclist at yahoo dot com>
- Subject: Re: [bikeabq] Ghost Bike Gone
- To: bikeabq at yahoogroups dot com, "Hal" <halfencer at aol dot com>
- Date: Saturday, March 14, 2009, 4:42 PM
- It was there at 9:30 last night
- --- On Sat, 3/14/09, Hal <halfencer at aol dot com> wrote:
- From: Hal <halfencer at aol dot com>
- Subject: [bikeabq] Ghost Bike Gone
- To: bikeabq at yahoogroups .com
- Date: Saturday, March 14, 2009, 3:59 PM
- Either it's gone or invisible but I couldn't see it today when I went by Commanche and Paseo del Nordeste bike trail. The city is constructing something at the site so workers might have removed it.
- __._,_.___
- Messages in this topic (2) Reply (via web post) | Start a new topic
- Messages | Files | Photos | Links | Database | Polls | Members | Calendar
- MARKETPLACE
- From kitchen basics to easy recipes - join the Group from Kraft Foods
- Change settings via the Web (Yahoo! ID required)
- Change settings via email: Switch delivery to Daily Digest | Switch format to Traditional
- Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe
- Recent Activity
- 1
- New Members
- Visit Your Group
- Find helpful tips
- for Moderators
- on the Yahoo!
- Groups team blog.
- Yahoo! Groups
- Auto Enthusiast Zone
- Discover Car Groups
- Auto Enthusiast Zone
- Yahoo! Groups
- Everyday Wellness Zone
- Check out featured
- healthy living groups.
- .
- __,_._,___
| |