The Chainlink

Property management at 10 S. Riverside tried to cut my lock

Hey all,

Just a bit of a heads-up: I would recommend against locking bikes in/around the pedestrian plaza at 10 S. Riverside (Monroe and the river), as I did so today and security / property management evidently tried to cut my lock and remove my bike.

For some background, I was working from this building today, which is a building I have worked from before but do not work from regularly. I seem to remember them previously having some bike racks near the building, but either I am mistaken or they were removed. When I arrived, I looked for a decent spot to lock up, and didn't see any bike racks nearby - walked to the other side of the building, only rack I saw already had 3 bikes on it. There, however, is a quite sturdy (roughly telephone pole diameter) guardrail that separates the pedestrian plaza from the river to stop people from falling over the edge. Given the lack of otherwise secure bike parking, I locked up to this railing (I have a chain that is relatively long. U-lock would not have gone around it). While there is no obvious reason (to me) why anyone would have an issue with bike parking here, I did look for any signs asking people not to lock bikes there, and did not see any.

As I was unlocking my bike at the end of the work day, a man walked up to me and mentioned that he had seen someone in a uniform (he mentioned the company, which I don't remember, but I took to be the building operator) trying to cut my lock off. This fits with the two marks on my lock that appear to be from bolt cutters and some ripped fabric on the chain cover.

Thankfully, my lock withstood the attempted cutting with nothing more than cosmetic damage (thank you, Abus hardened steel). While it's possible that (a) this story was fabricated or (b) this was actually a thief dressed in a uniform, I don't have any reason to believe either of those to be true.

Regardless of the legality of removing my bike, at the very least this is a bit troubling. While I'm pretty confident I was on private property, there was nothing to suggest I was locking my bike somewhere I shouldn't have been, and it was completely out of the way of everything - actually much more out of the way than most bike racks, in my opinion. Even if property management has the right to remove a bike locked how mine was, I'm not sure why they would want to do so. I could understand if a bike was left there for an extended period of time, but mine was there for ~5 hours.

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I know that building and go there fairly often.  They have warned me about doing what you did...locked it to that same railing.  And yes, there are few racks around there and the gate seems a perfect place to lock up.

I do find it something of a nasty policy and unnecessary. That being said, it's their building and I guess free to do what they want. The railing next to the river makes you think it is public property..but it ain't. Glad they couldn't cut your lock.

Agreed. I'm not questioning whether they are within their powers to remove a locked bike from their property, just wondering why they see it as necessary and why they wouldn't add a sign asking cyclists not to lock up there. It seems like a very unneighborly way of handling things. I mostly just want to make sure nobody loses their stuff by locking up here.

jolondon30 said:

I know that building and go there fairly often.  They have warned me about doing what you did...locked it to that same railing.  And yes, there are few racks around there and the gate seems a perfect place to lock up.

I do find it something of a nasty policy and unnecessary. That being said, it's their building and I guess free to do what they want. The railing next to the river makes you think it is public property..but it ain't. Glad they couldn't cut your lock.

A sign would be much more effective than surprising people with a missing bike. I know you said you don't think it was an attempt to steal your bike but if you think about it, it's a really good cover to be taking people's bikes. It's hard to understand why anyone would care unless the bike is really in the way.

They aren't trying to steal bikes. They have talked to me several times. It's a policy thing..the guards are under instructions to keep the outside area clean/neat.  It's a high end bldg. with a lot of big law firms, etc.

I agree with both of you that signs would be a better way to handle it. They have been only pleasant with me, I must say.
Tom said:

A sign would be much more effective than surprising people with a missing bike. I know you said you don't think it was an attempt to steal your bike but if you think about it, it's a really good cover to be taking people's bikes. It's hard to understand why anyone would care unless the bike is really in the way.

where is the sign that says you can't park there?  

Happened to me and my bike lock was sawed off at the Aon Building.  Got my bike back but I was not happy.  No signs at all saying  DO NOT PARK YOUR BIKE HERE.  I called it " Another Lock Bites The Dust"

I had a chance to look into this issue for a messenger who had his bike removed by a building owner or manager after he locked up to a place he probably shouldn't have.  (He admitted that there was don't lock up here sign.)  Unfortunately, when the lock was cut, his bike's steel frame was also badly damaged.  He asked me about his rights.  We did some research.  We found that the law isn't very clear.  There is a statute in the IL Vehicle Code that details how property owners may deal with motor vehicles parked illegally on their property, but nothing pertaining explicitly to bikes.  A portion of Chicago's municipal code deals with abandoned bikes, but that is a different situation.  This is an issue that should be addressed by the City.  There should be an ordinance that tells property owners just what they may and may not do when dealing with an unwanted bicycle on their property.

A property owner certainly may have an unwanted bike, or anything else that disturbs their enjoyment of their property, removed.  But how may that be accomplished?  Certainly they may call the police, who could issue a ticket to the offending bicyclist.  Of course, if the bike remains there for a long time to the point where it may officially be deemed "abandoned", the City may come and remove it.  But may a land owner just remove the bike and toss it, or damage it?  I don't think so.  But more clarity from the City would be appreciated.

I got a warning notice stuck to my bike for locking up to the dock ramp railing at DuSable Harbor. (The bike was outside of the ramp and not obstructing it, or the dock, in any way.) Slightly frustrating since (a) there was no sign prohibiting this and (b) you can go to Montrose or Belmont Harbors, also owned by the city and managed by Westrec and in theory subject to the same policies, any day of the week and see many bikes locked to dock ramp railings and no one ever gets warnings at those harbors. But I certainly appreciated getting a warning rather than having my lock cut.

I don't understand why these downtown buildings immediately resort to cutting locks, or having security guards verbally warn you if they happen to see you. Just put a note on the bike with a warning. I can't imagine many people would chance locking their bikes up again after receiving such a note.

Brendan,

Gut reaction:  some kind of trespassing law?  I would not expect to find it in the Vehicle Code.  Might not be statutory at all, but common law trespass issue.
 
Brendan Kevenides said:

I had a chance to look into this issue for a messenger who had his bike removed by a building owner or manager after he locked up to a place he probably shouldn't have.  (He admitted that there was don't lock up here sign.)  Unfortunately, when the lock was cut, his bike's steel frame was also badly damaged.  He asked me about his rights.  We did some research.  We found that the law isn't very clear.  There is a statute in the IL Vehicle Code that details how property owners may deal with motor vehicles parked illegally on their property, but nothing pertaining explicitly to bikes.  A portion of Chicago's municipal code deals with abandoned bikes, but that is a different situation.  This is an issue that should be addressed by the City.  There should be an ordinance that tells property owners just what they may and may not do when dealing with an unwanted bicycle on their property.

A property owner certainly may have an unwanted bike, or anything else that disturbs their enjoyment of their property, removed.  But how may that be accomplished?  Certainly they may call the police, who could issue a ticket to the offending bicyclist.  Of course, if the bike remains there for a long time to the point where it may officially be deemed "abandoned", the City may come and remove it.  But may a land owner just remove the bike and toss it, or damage it?  I don't think so.  But more clarity from the City would be appreciated.

Right.  I looked there too.  Clearly, you'd be trespassing by locking your bike (or anything else) onto someone else's property.  But what may the landowner do about it?  Call a cop?  File for injunctive relief? Yes and yes.  But damage or destroy the bike?  I don't know.  My guess is no, but it isn't entirely clear.

Lisa Curcio 6.5 mi said:

Brendan,

Gut reaction:  some kind of trespassing law?  I would not expect to find it in the Vehicle Code.  Might not be statutory at all, but common law trespass issue.
 
Brendan Kevenides said:

I had a chance to look into this issue for a messenger who had his bike removed by a building owner or manager after he locked up to a place he probably shouldn't have.  (He admitted that there was don't lock up here sign.)  Unfortunately, when the lock was cut, his bike's steel frame was also badly damaged.  He asked me about his rights.  We did some research.  We found that the law isn't very clear.  There is a statute in the IL Vehicle Code that details how property owners may deal with motor vehicles parked illegally on their property, but nothing pertaining explicitly to bikes.  A portion of Chicago's municipal code deals with abandoned bikes, but that is a different situation.  This is an issue that should be addressed by the City.  There should be an ordinance that tells property owners just what they may and may not do when dealing with an unwanted bicycle on their property.

A property owner certainly may have an unwanted bike, or anything else that disturbs their enjoyment of their property, removed.  But how may that be accomplished?  Certainly they may call the police, who could issue a ticket to the offending bicyclist.  Of course, if the bike remains there for a long time to the point where it may officially be deemed "abandoned", the City may come and remove it.  But may a land owner just remove the bike and toss it, or damage it?  I don't think so.  But more clarity from the City would be appreciated.

The Criminal Trespass to Real Property (720 ILCS 5/21-3) statute does not address it, and it would seem that on private property open to the public a sign should be placed even if the statute could be construed to apply.  In any event, self-help is, as you know, generally frowned upon and calling police would be the appropriate remedy.  Of course, a property owner calling the police to report a bicycle locked to a rail on his or her property is likely to get the same response as reporting a bicycle theft! :-)
 
Brendan Kevenides said:

Right.  I looked there too.  Clearly, you'd be trespassing by locking your bike (or anything else) onto someone else's property.  But what may the landowner do about it?  Call a cop?  File for injunctive relief? Yes and yes.  But damage or destroy the bike?  I don't know.  My guess is no, but it isn't entirely clear.

Lisa Curcio 6.5 mi said:

Brendan,

Gut reaction:  some kind of trespassing law?  I would not expect to find it in the Vehicle Code.  Might not be statutory at all, but common law trespass issue.

And I'm guessing the degree of care owed to a trespasser by the property owner exercising self-help is extremely low, and even lower if "no trespassing" is posted.

Lisa Curcio 6.5 mi said:

The Criminal Trespass to Real Property (720 ILCS 5/21-3) statute does not address it, and it would seem that on private property open to the public a sign should be placed even if the statute could be construed to apply.  In any event, self-help is, as you know, generally frowned upon and calling police would be the appropriate remedy.  Of course, a property owner calling the police to report a bicycle locked to a rail on his or her property is likely to get the same response as reporting a bicycle theft! :-)
 
Brendan Kevenides said:

Right.  I looked there too.  Clearly, you'd be trespassing by locking your bike (or anything else) onto someone else's property.  But what may the landowner do about it?  Call a cop?  File for injunctive relief? Yes and yes.  But damage or destroy the bike?  I don't know.  My guess is no, but it isn't entirely clear.

Lisa Curcio 6.5 mi said:

Brendan,

Gut reaction:  some kind of trespassing law?  I would not expect to find it in the Vehicle Code.  Might not be statutory at all, but common law trespass issue.

Better, since it would prevent the later call to the police by the bike owner!

Lisa Curcio 6.5 mi said:

Of course, a property owner calling the police to report a bicycle locked to a rail on his or her property is likely to get the same response as reporting a bicycle theft! :-)

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