July 8, 2011 - Black Hawk Police Continue Enforcement of Ordinance...read more
n January 2010 the City of Black Hawk, a Home Rule Municipality, Board of Alderman passed an ordinance prohibiting bicycles on specific commercial streets within Black Hawk. City leaders recognized that narrow roads, tour buses, and passenger vehicles made bicycle traffic hazardous for everyone traveling Black Hawk’s narrow commercial streets. Later that year, “no bicycle” signs were posted in Black Hawk and Black Hawk Police Officers began issuing citations to bicyclists who violated the ordinance. On June 5, 2010 three bicyclists were issued tickets for riding bicycles on Gregory Street in Black Hawk in violation of the City’s prohibition on bicycles.
Attorneys for the defendants first sought to have the case dismissed on several grounds, but Municipal Judge Ronald W. Carlson denied the motion. The bicyclists were convicted on December 15, 2010 in Black Hawk Municipal Court. In addition, Judge Carlson ruled the prohibition was indeed a reasonable exercise of the City’s police powers.
The defendants then appealed their convictions to Gilpin County District Court claiming the Black Hawk City ordinance prohibiting bicycles on specific commercial Black Hawk streets was in conflict with Colorado State law, and violated the Colorado and U.S. Constitutions. The defendants also asserted the new traffic law banning bicycles was not a reasonable exercise of the City’s Police power. Throughout the case, the City of Black Hawk maintained it has the right to enact its ordinance prohibiting bicycles within its City limits.
On June 27, 2011 Gilpin County District Judge Jack W. Berryhill reviewed the defendant’s appeal and issued a ruling upholding Judge Carlson’s ruling in Black Hawk Municipal Court. Judge Berryhill also said the City of Black Hawk acted within its authority to enact the bike prohibition ordinance and the City reasonably exercised its police powers in doing so. Finally, he concluded the Municipal Court committed no reversible error in its ruling.
“If the District Court had ruled against the local control of bicycles in our city, it would have had a negative impact on all Colorado Municipalities,” said Mayor David D. Spellman. “This issue is unequivocally more about local control than about bikes. Municipalities have the authority to create local ordinances for the health, safety and welfare of its citizens and patrons,” said Spellman. “This legislation may be unappreciated by some who pass through Black Hawk, but the City Council has to act in the best interest of its citizens and customers who patronize Black Hawk.” Spellman said.