Selectmen want bicycles off sidewalks
By Ken Powers Community Reporter

Westborough - Concerned about the safety hazards that are created when bicyclists use town sidewalks instead of roadways, Board of Selectmen Chair Sue Abladian and Chief of Police Alan Gordon recently announced plans to consider enforcing a long-dormant state law.

"We've had a few reports of collisions between cyclists and pedestrians in the downtown area and even more reports of a lot of near misses," Abladian said. "I discussed the matter with Chief Gordon and when he researched the subject he found that there's a law that governs bicycles on sidewalks already on the books."

Massachusetts General Laws, Chapter 85, Section 11B states, in part, that "every person operating a bicycle upon a way ... shall be subject to the traffic laws and regulations of the commonwealth."

Westborough Town Counsel Greg Franks explained that the law was set up so that bicycles are required to conform to the same rules as cars because it was done so at a time when bicycle travel on public roads was much more prevalent.

Franks said there are a number of exceptions written into the law, the most pertinent to the issue facing the town being exception No. 3: "Bicycles may be ridden on sidewalks outside business districts when necessary in the interest of safety, unless otherwise directed by local ordinance. A person operating a bicycle on the sidewalk shall yield the right of way to pedestrians and give an audible signal before overtaking and passing any pedestrian."

"The statute doesn't specify what constitutes a reason of safety," Franks said, "but a parent teaching a child how to ride a bike would be an example, as long as the sidewalk is away from the downtown area or any busy business district part of town."

Franks said he thinks the law was written with the exception to provide the police room to determine, in their position as the safety officials of the town, what's safe and what's not safe.

Westborough does have a bylaw that addresses other non-pedestrian travel on town sidewalks.

Article 7, Section 5a of the town's bylaws states: "In order to protect public safety, no person shall coast, ride upon or otherwise operate any sleigh, sled, skis, skates, skateboard, roller skates, roller blades or other similar non-motorized conveyance upon any public sidewalk, public pedestrian easement, Turnpike Road or any street or public way within the downtown general business district, except within such areas, at such times or under such conditions as may hereinafter be designated by the Board of Selectmen."

The bylaw goes on to state that the non-motorized modes of travel that are not allowed on sidewalks in the downtown area or business districts are allowed on "sidewalks in town that are outside of the general business district."

Franks said the operators of such non-motorized modes of travel are not allowed to do so at a speed or in a manner that threatens public safety.

Gordon said violators ticketed for riding on sidewalks in the downtown area or a business district will be subject to a fine of $20 for each infraction. He said how often the law is enforced will be matter of police discretion.

The selectmen made it clear, however, that they want to see the safety of pedestrians in downtown ensured, even if that meant increasing fines if incidents persisted.