In Baltimore Not Locking Up Your Dirt Bike Means The City Might Steal It From You

The Whistler • February 26, 2008

Of course, the city calls the stealing “seizing,” but it amounts to the same thing.

BALTIMORE (Map, News) – Baltimore dirt bike owners may be forced to lock up their vehicles, or face seizures by police.
A bill to be introduced at tonight’s City Council meeting would require residents who own dirt bikes and unregistered motorcycles — illegal to operate but not own in the city— to “immobilize” them.
The bill, sponsored by the Dixon administration, would make it illegal not to have either an ignition lock or wheel clamp on dirt bikes to prevent the vehicle from being ridden.
The measure would allow police to seize any of the vehicles not properly secured, Dixon spokesman Sterling Clifford said.

Not only will the city take your motorcycle simply because you don’t have it locked up, they’ll also prevent you from re-buying it at auction under the same law.
Of course, how forcing citizens to lock up their motorcycles is going to prevent unregistered and non-street legal cycles from roaming the streets anyway (I’m assuming there are already laws being enforced against that sort of thing) is beyond me.

Tags: Asshats, Cultural Marxism, Domestic Issues, Nanny State, Politics

http://dougeefargo.blogspot.com/ dougee

Here comes big brother Baltimore! It’s a good thing that the Baltimore city council knows whats best for it’s dirt bike owners.
kbiel

Shouldn’t “riding an off road bike on city streets” be something that satisfies the requirements of the 4th Amendment for search?

Sure. They’re not talking about seizing the property of people who are convicted of illegally riding these bikes, they’re talking about seizing the bikes because they are not locked up and not even convicting the owner of a crime. How can that be due process or a reasonable seizure?
kbiel

Well thanks again to the war on drugs which has downgraded the fourth amendment to a mere advisory. What Baltimore wants to do is not much different than police and sheriff departments seizing and selling property that was supposedly used for or bought with the profits of drug transactions before anyone is convicted.
http://www.bikebubba.blogspot.com/ Bike Bubba

The article says that the police claim that drug dealers are using them for whatever they need. I’m not quite sure, however, what outright banning them will do to solve the problem. Shouldn’t “riding an off road bike on city streets” be something that satisfies the requirements of the 4th Amendment for search?
docdave

Right, Rob. Perhaps the greatest benefit of bloggers like you is to call attention of a travesty such as this to the public so that the informed readers will write or call their political representative. That’s pretty much what happen to kill the purposed immigration amnesty legislation.
LawfulRidr

I understand Baltimore residents annoyed by this problem. These bikers are breaking many laws that already exist. The only thing this legislation will acheive is infringing on the rights of ALL dirtbike owners.
I live in Ohio and own 4 offroad vehicles, which are parked in my driveway (unlocked),everytime I work on projects in my garage. I also taught my daughter to ride a cycle in my own backyard, on a bike that is considerably quieter than my neighbors lawnmowers. Both are completely legal acts in this state, and some of the perks of being a property owner in America!
This law, (if it were passed here), would give any cop driving down my street, the right to seize $20,000. worth of (hard-earned) vehicles for no reason whatsoever!
I own the (properly registered) vehicles, the property they’re parked on, and none of them have EVER been used illegally. What right does anyone have to force me to purchase enough locking devices to secure them, and deal with the inconvenience of securing each vehicle, each time it rolls out of my garage…ON MY OWN PROPERTY!
To put it in perspective for those who dont own such vehicles; MANY automobiles are used for MANY crimes. Would you oppose legislation that makes your car/truck/suv subject to confiscation, simply for being parked with the windows down or unlocked? I’d bet most of you would. I’d also bet those same people would spew an array of arguments pointing out how thats a different issue. 2 of the 4 I own require a key to start, just like your car. If you think thats a completely un-related example, you’re kidding yourself.
Allow legislation like this and its just a matter of time. I suppose bicyclists better hope some gang of punks don’t begin to commit crimes on bicycles, or similar laws may soon apply to them. Then you can try explaining to your kids, why it was justified for the police to take their bike from the driveway/front yard, simply because they didn’t chain it down!
Lawbreakers don’t care if they’re breaking 2 laws or 20, they don’t abide by the laws!
This legislation does little more than jepordize the property of any law-abiding person, who may be careless enough to forget to “secure” his bike in his own driveway..hard to believe some of you see nothing wrong with that(?)
I’m all for fully prosecuting any unlawful biker and seizing their bikes, they deserve that. Allowing the government to seize property, without proving it was used illegally, is unjust…plain and simple.
ellinas

It seems they have some sort of problem with the dirt bikes (maybe drug sellers use them). Aren’t they illegal in city streets?
Nate

Frankly, I think it is a great suggestion. I don’t know how many of you live in the city or live near park where idiots on these bikes race around families and kids or have seen large groups of half a dozen or more racing through the city streets with no regard to traffic laws.
If you are a responsible dirt biker, then you understand that these vehicles can be dangerous and should be secured especially since they aren’t allowed to be used in the city. To me the argument against it is similar to the argument against locking up your guns – it shows a disregard for public safety. Freedom also includes freedom from injury from reckless use of public space.
Hoopla

If you don’t like the act or law then write to your congressman or local lawmaker and share your opinion with them. A law is going to be subverted by postings in the middle of webspace.
Shannon

Please. I don’t need a lesson on Constitutional rights or the setting of precedents. The “big bad” City Council will be voting on this bill. If you don’t like it or believe that it is somehow trampling your rights to own property, I suggest contacting your Council members.

The point of this bill, in “Rob”‘s own words:
“…would make it illegal not to have either an ignition lock or wheel clamp on dirt bikes to prevent the vehicle from being ridden.”

To me, this means that the City is trying to enforce the law (i.e. No dirtbike riding in the city), since the police apparently are impotent in this matter. In the process of circumscription, they are technically depriving the bike owners of their rights – but they are doing the city a great service, in my opinion. As I said before, if you are a responsible bike owner, you won’t be riding it in the city and leaving it unlocked, anyway.

And, please, spare me the melodrama. (“Letting the city act in this way sets a precedent, and next time the property they decide to start taking might be something you value.”) I firmly believe that this is a unique case. Seeing that I am a law-abiding, productive, upstanding member of society, my rights are not in jeopardy as I do not engage in illegal activites that set in motion the need for these types of bills in the first place. Which is more than I can say for the majority of the leeches who live in my neighborhood. I have every intention of contacting my Council representative and expressing my support for this bill.
http://pencilnub.com/ Steve

What a load of carp™.
http://www.kenmccracken.blogspot.com/ Ken McCracken

Hey Rob Port, I think I am going to have to call you “Rob” from now on.

The precedent has been set.

Yeah, and tell us your real name while you are at it.
Wing Chun Geologist

How about a law that restricts ownership of dirtbikes to individuals who own a “Get R Done” t-shirt and a Leonard Skynard CD?

That will certainly rule out most crack dealers.
Shannon

I agree completely with the above poster. I’m tired of being harassed on the roads and sidewalks by irresponsible dirtbikers. I’m sick of not being able to get a good night’s sleep or study/work at home because the pack of local juvenile delinquents is riding their dirtbikes up and down Washington Blvd at all hours of the day and night. I have called the police many times about these bikers – weaving in and out of traffic, performing dangerous stunts in the middle of the road, riding on the OPPOSITE SIDE OF THE STREET into oncoming traffic – not only are these morons putting themselves at risk, but they are endangering the lives and property of other motorists and pedestrians. The police have told me that there is nothing they can do, as to chase them would be “too dangerous” for the idiot on the bike in the first place.

If responsible people want to own these bikes, I have no problem with that. But the laws are in place for a reason (even if the police refuse to enforce them). Don’t ride your bike in the city – it’s rude, noisy, and, most importantly, dangerous. I have seen these dirtbikers fall off of their bikes, I have watched cars swerve to avoid them and end up hitting other cars in the process. I’ve watched dirtbikers run down and hit pedestrians. This kind of behavior is unacceptable. If the city believes that confiscating bikes will solve the problem, more power to them – even if you think it means they are taking away your “rights.” Don’t be stupid enough to bring a bike into the city and leave it sitting around unsecured.
motorcycle parts finder elimin

This is a very bad news to all bikers especially me.
Wing Chun Geologist

This is absolutely un-American. Individual liberty is basically a three legged stool. The three legs of the stool are

1. Freedom to express ideas
2. Right to keep and bear arms
3. Property rights

Sure there are some limits to those rights. I can’t walk into a kindergarten classroom and read of Carlin’s list of the 7 words you can’t say on TV. I can’t buy a machine gun. I can’t own the air. But I can own a dirtbike. And if it’s mine, and I haven’t used it to break the law, there’s no reason it shouldn’t continue to be mine. When a government agency dicides that it can confiscate property, (without even the accusation of wrong-doing against the property owner)it’s like chopping one leg off a stool.

I think the Baltimore city fathers have stools between their ears, and not the three legged kind.
http://sayanythingblog.com robport

I’m not sure why you’d think the two are mutually exclusive, Hoopla. Seems like one can voice their opinion on the internet while simultaneously pressuring politicians to do the right thing.

And, often, sounding off on the internet accomplishes the former anyway.
http://sayanythingblog.com robport

Thanks Doc, and nice to have you back by the way.

I think sometimes people like Hoopla forget that before you can contact your political representation you have to be informed first.

Bob Dylan said that you don’t need a weatherman to know which way the wind blows….but sometimes you do. If you don’t know what’s going on, you can’t do anything about it.

And the politicians have a lot invested in the public not knowing what’s going on. That’s why our laws – from campaign regulations to the tax code – is so bloody complex.

All the better to discourage scrutiny and questions.
http://sayanythingblog.com robport

Please. I don’t need a lesson on Constitutional rights or the setting of precedents.

Given your complete naivete toward property rights, you clearly do.

The point of this bill, in “Rob”â€˜s own words:
“…would make it illegal not to have either an ignition lock or wheel clamp on dirt bikes to prevent the vehicle from being ridden.”

To me, this means that the City is trying to enforce the law (i.e. No dirtbike riding in the city), since the police apparently are impotent in this matter.

I see no need for quotation marks around my name given that it is, in fact, Rob.

As for the law, the city prohibits the riding of dirt bikes on streets, etc. I fail to see why the city should be able to then seize dirt bikes, not because they are being ridden on the street, but merely for not being secured.

If you want to talk about seizing the bikes of people who were riding them illegally, I’m all for it. But don’t take someone’s bike simply because it isn’t locked up. That’s just dumb, and unconstitutional as I already indicated.

And, please, spare me the melodrama. (“Letting the city act in this way sets a precedent, and next time the property they decide to start taking might be something you value.”) I firmly believe that this is a unique case. Seeing that I am a law-abiding, productive, upstanding member of society, my rights are not in jeopardy as I do not engage in illegal activites that set in motion the need for these types of bills in the first place.

Owning a dirt bike is not, in and of itself, illegal. Thus seizing a bike that is merely possessed, though not locked down, is wrong.

And unconstitutional.

No doubt, people who own dirt bikes but do not ride them where it is illegal think of themselves as upstanding and law-abiding citizens as well. Why do they deserve to have their dirt bikes taken from them?

I should note that I am not a citizen of Baltimore, or even a citizen of Maryland. Rather, I am merely an interested observer willing to call “stupid” that which is, in fact, stupid.
http://sayanythingblog.com robport

I agree completely with the above poster. I’m tired of being harassed on the roads and sidewalks by irresponsible dirtbikers. I’m sick of not being able to get a good night’s sleep or study/work at home because the pack of local juvenile delinquents is riding their dirtbikes up and down Washington Blvd at all hours of the day and night. . . .

If the city believes that confiscating bikes will solve the problem, more power to them – even if you think it means they are taking away your “rights.” Don’t be stupid enough to bring a bike into the city and leave it sitting around unsecured.

Wait, so you’re saying that we don’t have a right to own property? I think the 5th amendment might disagree with you:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Get that? The government cannot deprive you of your property without due process of law. That means a legal action. A citation. Court hearing. Etc.

The city roaming around and nabbing dirt bikes that aren’t secured is unconstitutional, however annoyed you may be by said dirt bikes.

Certainly you have to see that there are better solutions to this problem. Letting the city act in this way sets a precedent, and next time the property they decide to start taking might be something you value.

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