Brent,
First of all, I want to heartily thank you for your action on my behalf,
and the behalf of other cyclists who may happen to be unfortunate enough
to ride through Platte Woods. However, I feel I must respond to
Assistant Chief Benne's comments and his (flawed) recollection of
events.

Assistant Chief Benne of Platte Woods is in obvious error in his
description of events. This corresponds with his "errors" that there is
no bicycling on any streets in Platte Woods, Parkville, and Weatherby
Lake. The Weatherby Lake Police sergeant I spoke to even laughed and
asked "who the hell told you that?" The officer in Parkville told me
there is no such anti-cycling ordinance in that city. Assistant Chief
Benne is obviously only harassing a cyclist for his own amusement and
also seems to have a very active imagination.

In direct response to his comments:

1) There were not "20 cars" backed up behind me. He pulled me off the
road less than 3 blocks of my entering Platte Woods on Roan Ridge Road,
and there were only a few cars - a maximum of 4 - behind me that were
making their way past me one-by-one with little trouble. I was riding
as far to the right of the pavement as I could get with my tires on the
edge stripe. Therefore, I was taking far less room than the law allows
me to take and the cyclist guide recommends. I should have been farther
to the left and in the traffic lane, if anything.

2) There is NO SHOULDER AT ALL on Roan Ridge Road. Assistant Chief
Benne also told me that there is no walking allowed on any Platte Woods
roadways. However, I have eyewitness reports of not only walking on
this very pavement, but also a golf cart being driven on this and other
roads in Platte Woods very often. A member of my bicycle club cycles
this route nearly every day, including passing Platte Woods officers
without incident.

3) I was NOT waving cars by me at that time. He told me I was "making
people pass me in a no-passing zone and he could ticket all of them". I
was NOT "MAKING" any driver do anything. As an "officer of the law", he
was free to write a citation to any driver that passed in a no passing
zone, though I personally would not do so if I was in his position.

4) Roan Ridge Road is under state MoDot jurisdiction, but is not a part
of the interstate highway system. The speed limit on the 2-lane,
residential Roan Ridge Road is 35 mph, so this does not even fit the
definition of an interstate highway.

My other comments on this incident:
- There are no signs indicating that cycling - or any other activity -
is restricted or prohibited on any street in Platte Woods. If there are
such laws, they should be prominently displayed at each and every
entrance to Platte Woods.

- Do they arrest children riding their bicycles or walking in Platte
Woods?

- If there is an ordinance against bicycle riding in Platte Woods, why
has this not been communicated to the owner of the Cycle City, the
bicycle shop located just over the border of Kansas City and Platte
Woods? When I spoke to the owner of Cycle City immediately after the
incident, he knew of no such law.

- The attitude of Assistant Chief Benne was more reminiscent of a small
town southern sheriff than that of an officer within a major
metropolitan area. I expected him to say: "you in a heapa trouble now,
boy". There is no doubt in my mind that he will continue to completely
ignore the facts of law as well as the rights of cyclists, despite your
best efforts to explain the true laws regarding cycling.

- If I thought it would be worthwhile, I would file a harassment
complaint against Assistant Chief Benne, but I know that - at best it
would fall on deaf ears and more likely would only cause myself and
other cyclists additional trouble and headaches.

Once again, thank you very much, Brent. Your efforts are greatly
appreciated. This is another lesson that some police officers are NOT
looking out for the interests and rights of the average citizen, but
only in exercising their "power" for their own enjoyment. It is truly a
shame that we cannot trust officers to uphold the law.

Keith

-----Original Message-----
From: Brent Hugh [mailto:brent@...]
Sent: Thursday, December 14, 2006 12:01 PM
To: Krupinski, Keith
Subject: RE: Local Town Anti-Cycling Ordinances


Keith,

I finally got to speak with Asst. Chief Benne of Platte Woods a couple
of days ago. He called to follow up on the letter I sent him quite a
while back.

Here is the gist of what he said:

* He thinks bicyclists shouldn't ride on Roan Ridge
* He observed "20 cars" getting backed up behind you
* You should be riding on the shoulder instead
* He didn't like the fact that you were waving cars past in a zone
marked "no passing"
* He checked with MoDOT and some engineer told him the Roan Ridge is
part of the interstate freeway system and therefore no bicycling
allowed. (Apparently it is within the interstate right-of-way and is
formerly the travel lane of the highway--which is all completely
irrelevant to whether bicyclists are allowed there.)

I talked with him for quite a while and tried to explain a number of
things to him but I am not certain how far they penetrated. I email
Caryn Giarratano of MoDOT and asked if she would consider sending an
official MoDOT response because someone in MoDOT screwed up and handed
out the wrong information.

http://www.bikexprt.com/streetsmarts/usa/chapter2a.htm

I tried to explain that bicyclists can't ride on the gravel shoulder,
that they can't keep riding off the road onto gravel and back again,
that it would be nice to be able to pull over and let backed-up cars
past but you can't really do that unless there is some kind of a wider
paved area, that bicyclists are out riding during rush hour for the same
reason everyone else is, that bicyclists are riding on Roan Ridge
because there is no alternative route, and a few other things. I don't
know if it made a big impression.

Some relevant information:

From MoDOT's Bicycling Tips which have been vetted by MoDOT's legal
staff:

"In Missouri, bicycles and motorized bicycles may ride on any street
except travel lanes of interstate highways or where prevented by a local
law."


Missouri statutes:

http://www.moga.mo.gov/statutes/chapters/chap304.htm

304.011. 2. No vehicle shall be operated at a speed of less than forty
miles per hour on any highway which is part of the interstate system of
highways, unless:

(1) A slower speed is required for the safe operation of the vehicle
because of weather or other special conditions; or

(2) Agricultural implements, self-propelled hay-hauling equipment,
implements of husbandry and vehicles transporting such vehicles or
equipment may be operated occasionally on interstate highways for short
distances at a speed of less than forty miles per hour if such vehicle
or equipment is operated pursuant to a special permit issued by the
chief engineer of the state department of transportation pursuant to
section 304.200 and the regulations established pursuant to such
section.


Contact info:
Chief Larry Cory
Assistant Chief Michael Joseph Benne
Police Department
City of Platte Woods
6750 NW Tower Dr
Kansas City, MO 64151
741-7973


At 07:31 AM 10/13/2006 -0500, you wrote:
Brent,
Thus far I've talked to Parkville police and Weatherby Lake police. Both
say the Platte Woods officer is wrong as far as their respective cities.
In fact, the Weatherby Lake officer started laughing and asked who in
the heck told me that. I'll be talking to Platte Woods today and update
you and the group. I've heard from a current Platte Woods resident that
this is not the first time this officer made up his own laws.

kk

-----Original Message-----
From: Brent Hugh [mailto:brent@...]
Sent: Thursday, October 12, 2006 11:21 PM
To: Krupinski, Keith
Subject: RE: Local Town Anti-Cycling Ordinances

Keith,

The contact info I came up with is:

Police Station Address:
6750 TOWER DR.
Platte Woods, MO

PLATTE WOODS POLICE DEPT Contacts:
Phone: (816) 741-6688
Fax: (816) 741-4261

Please let me know if you have better.

Thinking a little, this reminds me of an incident several years ago in
Lake Tapawingo, a real small sort of private community out near Blue
Springs. The mayor threatened some guy that all the roads there were
private and if anyone bicycled there they would just confiscate his
bicycle. Of course nothing ever happened but the situation was never
resolved, either.

--Brent

At 01:30 PM 10/12/2006 -0500, you wrote:
Brent,
That's the opinion I get from a former Platte Woods resident, too. This
officer was from the city (or village) of Platte Woods. They have their
own small police force.

I will also do some checking and we can compare the answers we get. My
impression is that this was a rogue officer with the opinion that the
only good cyclist is no cyclist, but I didn't think I was in a position
to argue with him without knowing the facts. Thanks.
Keith

-----Original Message-----
From: brent@... [mailto:brent@...]
Sent: Thursday, October 12, 2006 1:16 PM
To: Krupinski, Keith
Subject: Re: Local Town Anti-Cycling Ordinances

Keith,

I'll do some checking but I think he is making stuff up.

If all those cities had no-bicycling laws I would know about it . . .

What he may be getting mixed up with, is many cities recently have
passed laws banning "pocket bikes"--but those are small motorized
vehicles.

For certain, they cannot just ban bicycles without posting it via signs.
That would be completely unenforceable.

Do you know what city/county or whatever this officer was from?
Sherriff? It may open up a good opportunity to do some education of our
police officers in the area.

--Brent
director@...

Brent,
On Friday October 6th while riding my bicycle I was stopped by a police
officer on Roan Ridge Road in Platte Woods, MO. While doing his best
Sheriff Buford T. Justice impersonation, he informed me that I was in
violation of a Platte Woods ordinance that prohibited bicycling on the
streets of Platte Woods. He also told me that there were identical
anti-cycling ordinances in Parkville, Weatherby Lake, and Lake Waukomis.
None of these towns posts any signs regarding any anti-cycling
ordinances on the roads. He was also extremely rude and condescending,
but that's another matter entirely.

I inquired at Cycle City, a bicycle shop just over the borderline from
Platte Woods, as to whether they had ever heard of such ordinances. They
had not.

I personally have my doubts about the existence of these laws. The Tour
de Cure ride travels through Parkville and I have often cycled and have
seen many other cyclists (and police officers) in Parkville.

I and others in my club have ridden in Weatherby Lake and been seen by
the Weatherby Lake police without incident. A member of my cycling club
rides on Roan Ridge Road in Platte Woods nearly every day and has never
been stopped by the police.

Do you know of any such anti-cycling ordinances in the cities? If these
laws exist, do they arrest children on their bicycles? Why aren't these
laws posted on the roadways? How can we work to eliminate these laws?

Thanks you for your help.

Keith Krupinski
President, Lakeside Cycling Club