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Tampa repeals bicycle bell law

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By CHRISTIAN M. WADE

cwade@tampatrib.com

Published: October 2, 2009

TAMPA - Riding a bicycle without a bell in this city no longer is a crime.

The city council on Thursday voted unanimously to repeal a two-decade-old law that made riding a bicycle without an audible bell a second-degree misdemeanor.

The decision came after a ruling this year from the Florida 2nd District Court of Appeal that Tampa's law conflicts with a state law that says violations of bicycle laws are traffic offenses, not criminal infractions.

That ruling was based on a court challenge from Lamarvin Barry Brown, who was arrested in April 2007. Police searched Brown, who was 16 at the time, found marijuana in a back pocket and charged him with possession as well.

Brown's attorney argued that the marijuana could not be used as evidence since under state law he shouldn't have been arrested for not having a bell.

The appeals court agreed and tossed out Brown's conviction from a lower trial court, suggesting that Tampa consider updating the law to conform to state regulations.
Tampa police arrested nine people for riding a bike without a bell in 2008, city records indicate, but nobody has been arrested for the offense since the appeals court ruling.
Council members repealed the bike bell law without discussion.

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