When can I remove a bike locked to my property?

August 18, 2013 2:33 PM

I know YANML but if someone locks their bike to my gate, at what point am I allowed to remove it? Must there be a posted sign? And, then, am I responsible for the removed bike if it is damaged in the process? Do I have to hold it for the owner? If I do, can I charge $100 a day for this service? What exactly are the laws governing this kind of situation? If location is relevant, I'm in NYC.

Similarly, if it's my bike and someone has removed it, do I have any recourse?

posted by Obscure Reference to Law & Government (7 answers total)

I think you're certainly allowed to remove the lock itself - but not to remove the bike. However, an unlocked bike on an NYC sidewalk is pretty likely to get stolen. I don't think you have to hold it for the owner - in fact, I think you could be liable by doing so - at that point you are stealing the bike. Do not charge $100 a day for this service, if this is you.

If you are the bike owner, and someone has taken your bike, you can call the cops. But if they have cut the lock and left it for someone else to get stolen, I think you're out of luck.
posted by corb at 2:48 PM on August 18, 2013

I think I would post a sign, if this is your gate. "Any locks attached to this gate will be cut." Should take care of the problem and won't mess with your karma.
posted by raisingsand at 2:58 PM on August 18, 2013 [6 favorites]

Best answer: Call 311.
posted by Inspector.Gadget at 3:37 PM on August 18, 2013 [5 favorites]

Is this bike locked to the gate in such a way that it blocks the gate from opening or closing completely? It seems to me that that would make it a safety issue, and the gate owner/building resident would be justified in cutting the lock off immediately. It would be *nice* if they could let the bike owner know they are blocking the gate, and ask them not to do it again; but realistically? Someone who blocks access at a gate like that should be aware that they risk not finding their bike there when they return: it could have been removed by the homeowner or even by city order (as a safety hazard).

I doubt that removing it from the gate and simply setting it aside would mean the gate's owner/building resident is liable for any accidental damage or theft; but check with a lawyer for a legal viewpoint, of course.
posted by easily confused at 5:25 PM on August 18, 2013

Best answer: Call your local police station and tell 'em someone left their bike on your property, and you want to report it. They're supposed to come around and pick it up. Police departments and municipalities maintain repositories of lost/mislaid/abandoned property. If no one claims it within a certain amount of time, you can claim it yourself.
posted by valkyryn at 5:39 PM on August 18, 2013 [1 favorite]

Yeah, I'd give it 24 hours, then cops/city. It shouldn't be on you, and getting more involved could mean legal, or physical, consequences.
posted by dhartung at 3:14 AM on August 19, 2013

If it's been there for a while, untouched, measure how thick the lock is. Then go to the Harbor Freight store under the Gowanus in Brooklyn and get a bolt cutter big enough to cut it, maybe 36" long. It will make short work of even a hardened lock. You can also get it by mail order.

If the owner uses it and just keeps it locked to your gate to keep from having to carry it upstairs, a sign, as you suggest, will cover you. If it's ignored, go to the bolt-cutter.
posted by KRS at 6:07 AM on August 19, 2013