CCC Commuter Challenge

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CCC Commuter Challenge – June 2010

May was Bike Month and Cincinnati has never had a more active observance than this year’s. Thanks to Gary Wright of Queen City Bike, the coordinating group, to Katie Vogel and Dan Korman the co-chairs, and to our President, John Chester and the CCC event and ride leaders that contributed to the success. And I have to mention Emily Horning of Price Hill Will, who stopped me on my ride to work on a sub-freezing day in January to get west side Cincinnati with the program. I’m looking forward to the 2nd Quarter reports at the end of this month to see how we did. So those of you who report your total quarter miles, please give me a monthly breakdown, at least for May.

For the record, nearby you will find the latest results for the 1st quarter miles. Not bad for winter in Cincinnati.

Ride on!

Dogs: With Friends Like These….

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By Steven M. Magas, The Bike Lawyer

“Dogs are said to be man’s best friend,

I’ll grant you all that much…

It’s just hard for me to call him ‘Pal’

While he has my calf for lunch!”

I love dogs… I’ve got two mutts which together constitute roughly 160 pounds of sniffing, drooling, chewing, running, barking energy. However, dogs continue to be a huge problem for Ohio cyclists, particularly in our rapidly changing “rural” counties.

What are Ohio’s “dog laws?” Is there a state-wide “leash law?” What is the so-called “One Bite Rule?”Who do you complain to about dog problems? How far can you go to protect yourself if you are attacked by a dog while riding your bike? What can your local club do help to protect ALL riders? What are your rights if you get hurt?

OHIO‘S DOG LAWS

Ohio Chapter 955 of the Ohio Revised Code is aptly titled, “DOGS.” Most of the statewide statutes governing dogs in Ohio are covered here, or in the case law that has developed when courts try to interpret those laws.

EVERY dog in the State of Ohio that is “more than three months of age” must be registered in the county in which the dog is kept, owned or harbored. Tags are to be issued and must be worn. Failure to buy the tag or have the dog wear it renders the dog subject to “impoundment, sale or destruction” and can lead to a fine of up to $75 in some counties.

There is no statewide “leash law” in Ohio, per se. However, Ohio law does state as follows with regard to the owner’s obligation to control the dog:

(C) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do either of the following:

(1) Keep the dog physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape;

(2) Keep the dog under the reasonable control of some person.

That word, “supervision” is tough. If the dog is running amuck and someone is watching the dog run amuck, is the “supervision” test met? I think not. Clearly, the aim of the statute is to confine and restrain the dog from causing injury or damage. All of the other items on the list provide a definite limitation of movement – leash, tether, fence, enclosure – and the purpose of the list is to “prevent escape.”

There are two very special types of dogs defined in the code which are of GREAT interest riders – “dangerous dogs” and “vicious dogs.”

A “dangerous dog” is one that has

“. . . chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top. . .”

A “vicious” dog is a dog that:

4)(a) *** without provocation and subject to division (A)(4)(b) of this section, meets any of the following:

(i) Has killed or caused serious injury to any person;

(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.

(iii) Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog.

Compare the language used to define “dangerous” and “vicious” dogs. Dogs can be labeled “dangerous” if they simply look mean or attempt to bite or “otherwise endanger” any person. I would certainly argue that dogs which come after bicycles are “endangering” the rider and are “dangerous” dogs. “Vicious” dogs on the other hand are dogs that have hurt someone.

These statutory provisions provide an opening for you and your local club to help protect ALL RIDERS in the event of a dog attack. Once a dog is considered “dangerous” or “vicious” the owner is mandated to secure suitable insurance to protect the public from the dog.

Can you protect yourself from an aggressive dog?

Every rider should have a “Dog Plan” in place BEFORE they ride. What will you do if you encounter a dog? Do you have something to squirt at the dog? Do you have a noisemaker, such as one of those compressed air horns which make a huge blast of noise? Maybe you have a “Dazer” or similar device that will electronically stun the dog?

Whatever your plan, give it some thought and have it in place before you leave the house. You WILL encounter a dog at some point, so be ready.

You are permitted by law to protect yourself in the event of an encounter with an aggressive dog. O.R.C. §955.28 is very tough on aggressive dogs. The statute states that if a dog is “…chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal…” that dog can be killed during the encounter and the person cannot be prosecuted for cruelty to animals.

What should you do if you have an encounter with a dog while riding your bike on the roadway?

First, of course, get yourself safe. Call 911 and get medical care to the scene. Do NOT let anyone talk you out of that. In my experience handling these cases, more people are injured from a fall caused by a dog than an actual bite. Get yourself taken care of right away. Injuries can be unseen and significant!

Second, notify the owner of the attack immediately. Get the name, address, telephone, email and any other available contact information. Write it down. Send it to yourself in a text message, voicemail or email. Take a cell phone picture of the dog owner’s house. The address marker. The yard. The area where the crash/attack occurred. Try to talk to the owner. GET THE DOG OWNER’S INSURANCE INFORMATION. Dog attacks are typically covered by a homeowner’s policy.

Third, take a picture of the dog with your phone, preferably while the dog is still in the road or in the yard of the owner. Do what you can to get a photo. If you can’t get a picture, make notes about the dog. Breed. Color. Size. Anything special. Again, write it down. Text it to yourself. Do it immediately, not a week or two later. A frequent defense to dog cases is “MY DOG DIDN’T DO IT.” You may have to PROVE it some day and as soon as you leave the scene, any chance of getting that immediate evidence is gone.

Next, get the dog warden involved RIGHT AWAY when you find a dangerous or vicious dog. If an incident occurs on a ride, report it right away. [Your cell phone is really an important tool on your ride, eh?] Get it out and call the dog warden. [What? You don't have his/her number? Take a minute RIGHT NOW to look it up and put it in your cell phone. The Dog Warden is a typically a COUNTY official. Find out if there have been any prior complaints about the dog.

Follow up your phone call with a letter to the Dog Warden outlining what happened. ASK THE WARDEN TO DECLARE THE DOG DANGEROUS OR VICIOUS, if your situation meets the definitions. Put pressure on the dog warden to act. Continue to follow up with the Dog Warden. While most take their jobs very seriously, I have found situations [particularly in rural counties where they are used to dogs having a free reign] in which the Dog Warden has been slow to act. There are statutes which define his/her duties which can be used to agitate him/her into action if necessary.

Follow up with a letter to the dog’s owner. If you didn’t get the owner’s name at the scene, learn how to determine from county records who owns the property where the dog came from. Send a letter, certified, to the owner advising the owner that the dog is dangerous or vicious [depending on your facts]. If you were injured, advise the owner that you’ve been injured and that you plan on filing a claim with his/her homeowner’s insurance. Tell the owner to contact his/her insurance agent and to have a claims representative call you and be ready to discuss how the incident occurred and the nature and extent of your injuries.

Your CLUB can get involved too. How?

By posting Ride Reports of dog attacks. These serve two very important purposes. First, they warn riders of potentially dangerous dogs. Second, they provide some measure of PROOF of a dog’s vicious or aggressive tendencies and make it difficult for an owner to contend that Fido has never EVER chased a cyclist before. If the Club then follows through and sends its OWN letter to the owner, which is kept on file or posted on the webpage, then even more proof of the dog’s aggression is set forth. The Club’s letter should put the owner on notice that it has received a report from one of its riders that the owner’s dog left the property and was aggressive towards the riders, or caused a crash, or whatever… the mailing of such a letter, via certified mail, again puts the owner on notice and may cause him to chain up the dog before he gets sued!

What if you are INJURED by the dog? What are your rights?

Ohio has one of the very best “dog laws” in the country. Section 955.28 of the Revised Code imposes liability on the dog’s “owner, keeper or harborer” for “damages for any injury, death, or loss to person or property that is caused by the dog…” The only exceptions to liability are if the person who suffers injury was committing a criminal offense on the owner’s property, was committing or attempting to commit an offense against any person or was “teasing, tormenting or abusing” the dog on the owner’s property.

The bottom line – if a dog comes OFF the owner’s property and causes a bike crash, the cyclist WINS, even if the dog was just trying play and seems genuinely upset that you crashed!

In most “tort” cases you have to prove that the other guy was “negligent” or guilty of some level of culpability in order to win. Not so for dog owners. One Ohio Supreme Court case described a dog owner’s culpability as “absolute liability.” This means that it doesn’t matter if the dog’s owner took every possible precaution, used the best fence and the strongest leash or chain. If the dog leaves the property and causes damage to passing cyclist, the dog’s owner is liable.

Note that there is NO requirement in the law that dog actually BITE the person. The law permits recovery for ANY and ALL damages. If a playful dog comes out of its yard and chases a cyclist, who then crashes, the owner is liable – even if the dog was never aggressive and even if the dog comes up and licks the cyclists hand, dials 911 with its nose and barks for help!!

In some states, there is a “one bite rule” which means the owner is not liable until the dog actually bites someone or acts aggressively. Not so in Ohio, although evidence of aggression can open the door to more damages known as “punitive damages.” Once a dog owner is aware that the dog can be aggressive the burden to protect the public is even stronger and the owner can be “punished” by the imposition of “punitive damages” on top of any compensatory damages.

How do you HANDLE a claim like this? Do you need a lawyer?

Short answer, YES.

Of course, I’m a “bike lawyer” who has handled 200+ “bike cases” and some 50 or more “dog cases” so a cynical reader might think I would automatically say YES. However, “dog cases” can be tricky. Adjustors might try to tell you that certain defenses apply to limit or deny your claim, when such is not the case. You may not be in the best position to evaluate the value of your claim. Indeed, in many cases, I end up getting involved because the dog’s owner simply refuses to answer the door or phone or otherwise respond to the injured victim’s request for help.

What does a lawyer do in such a claim?

First, we investigate the crash. I gather ALL information, talk to all witnesses, get the police report, dog warden records, photographs and such to clearly and undeniably establish the owner is liable. I contact the owner and get the homeowner’s insurer involved. I track your recovery, gather ALL of your medical records, medical bills, wage loss documentation and out of pocket expenses. I handle all communications with the owner, insurer, dog warden, county, and courts, if needed. Usually, dog cases settle without a lawsuit because the law is so strong.

Probably the most important thing I do is organize all of this data, review it top to bottom and give you my very best professional opinion of what your case is “worth”, based on handling hundreds and hundreds of injury and death cases, 200+ “bike cases” and 50+ “dog cases.” I present the legal, medical, forensic and engineering data about your case to the insurer in a package designed to maximize your recovery. I handle all negotiations and, usually, get the case settled without the need for any litigation.

So, there you go… a short course in Dog Law 101!

GOOD LUCK AND GOOD RIDING!

Steve Magas, The Bike Lawyer

Team CCC Wants You

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Team CCC Wants You – To Ride The MS 150!

August 28 & 29, 2010 – CAMP KERN Venture the Valley!

Team CCC is a concept that was started in the early 21st century by our recent president, Kevin Armstrong. He created a cycling team for the Cincinnati MS 150. Members of the team ride together, fund raise together, dine together, enjoy the evening together and this year can camp together.

If you are interested in riding the MS 150, and becoming a member of TEAM CCC, then click this link.

Team CCC is just not a concept for the MS 150; it is an idea for ANY charity ride.

The Board of the Cincinnati Cycle Club decided to support charitable fundraising rides by offering advertising links, safety education, and our participation.

On the CCC web site, we offer a page for Charity Rides.

We will offer this to ANY charity ride, with two caveats:
1. The event does not conflict with a CCC PROTECTED EVENT
2. The organization provides a link back to the CCC web siite

Feel free to forward this offer to any charity ride that you are participating in. Simply have that ride’s leader contact us and we will get the basic information needed.

We look forward to seeing you on the MS 150!

Respect and Safety

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Jim Lindner

I have had a few instances this month where I found the choices being made were made from a self-confidence that comes from self-respect or respect for others. Being confident in yourself and your convictions is a safety issue. Without self-confidence it is hard to stick to your convictions.

Last week I arrived at the Recovery Ride as they were about to leave. I asked if I should sign in and was told the regular leader was not there so the group had no sign in sheets. I offered mine. I believe that I heard some groans, but everyone filled in the sheet before the ride started. I did not feel real popular, but I ended up leading the slow group.

I was asked this week by a couple if they could join my Decaf CHCC Ride without helmets. I reluctantly said no, although I would like to attract new people to my ride. I explained it is a club rule and told them it was an insurance issue as well.

We had only a small group today for the Bellevue-Dayton Memorial Day Parade and a tandem bike asked if they could join our group for the parade. I was proud of Scott Ebbing for pointing out that the club rides with helmets.

I have a daughter who respects the cyclist she sees in the club. She sees how they ride and behave and how others ride. She has a friend who has been told once she knows how to ride a bike she will not need a helmet. My daughter will yell at me if I attempt to ride across a parking lot without my helmet. She knows real bicyclist ride with helmets because her dad does and because the members of the club ride with helmets.

Please don’t argue with me on the value of helmets to bike safety. I know and respect both sides of the argument and do not personally support helmet laws, but I do respect the research and capabilities of a helmet to reduce the chance of brain injury in an accident that is otherwise survivable.

I want to also point out that experienced riders have a lower accident probability. Some of the statistic could be linked to respect for cars, but I like to believe that a big part is self-confidence that allows the Cyclist to ride within the flow of traffic operating the bike with confidence and knowing when to take a lane.

I have been told that experience is a hard teacher, because the test is given first for the lesson to be learned. The “Magic Styrofoam Cap” has its limits. I strongly recommend for road riding skills the LAB Traffic Skills 101 course to put riders on the right path and build required skills and confidence.

I also must compliment the good examples my daughter and I have seen in the Club.

Thanks, Jim Lindner 5/30/10

Adventure Cycling Association Regional Gathering

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The Adventure Cycling Association will hold a regional gathering in Cincinnati on Thursday, June 10, 2010.

Adventure Cycling is partnering with the Cincinnati Cycle Club in order to make the evening fun and entertaining – a place to see old friends and meet new ones!

During this gathering, you’ll learn about Adventure Cycling’s latest route, the Sierra Cascades, and plans for a new Underground Railroad Bicycle Route Extension from mid-Ohio through southern Michigan and Ontario.

Special Project Director Ginny Sullivan will present other organizational news and answer your questions about our work on the U.S. Bicycle Route System. We also encourage you to invite friend or family members.

Join us!
When: Thu Jun 10 6:30pm – 8:30pm Eastern Time
Where: Izaak Walton League, 544 Branch Hill-Loveland Road, Loveland OH (map)

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Please RSVP by Friday, June 4 by emailing or calling Beth Petersen at bpetersen@adventurecycling.org or 800-755-2453 x 211.

Thanks, and hope you can make the event.

Happy cycling,
Beth Petersen
Adventure Cycling Association
800-755-2453 x 211

“Inspiring people to travel by bicycle for fitness, fun and self discovery.”

President’s Fun Ride Comes to College Hill

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The President’s Fun Ride will be the College Hill Garden Tour – ON A BIKE!

When: Saturday June 19, 2010 at 10 AM

Start point: College Hill Coffee Company, 6128 Hamilton Ave, Cincinnati, Ohio, 45224

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The ride is FREE- but the Garden Tour is not.

Tickets can be purchased in advance at the CHCC for $10 or day of ride for $12.

As a member of the College Hill Gardeners, after seeing all the cars drive from garden to garden in my neighborhood, I decided that this would be a much more fun, and more environmentally friendly, event if I did it on a bike. So I did!

Needless to say, I scared some of the little old ladies in the College Hill Gardeners when I showed up on a bike in lycra. As the only heterosexual bachelor in the club, despite their knowing that I love to ride a bike, I made quite a visual impression. I think I was the first real live biker in lycra they had ever met.

But the next year, a few more folks decided to do the tour on bikes. This year, I invite the whole Cincinnati Cycle Club. Wear the most colorful jersey you have – we want to stand out in the Gardens!

Ride length- 6 Gardens to tour. We take the time we need to enjoy the gardens, so plan for 2-3 hours. We can either do them in order or go from one edge of College Hill to the other – group decides.

For more information about the College Hill Garden Tour, click here.

Afterwards, we go to one of the dining establishments on the Avenue for tasty post ride sustenance and cold beverages.

Rain cancels the ride, but not the garden tour – flowers love rain!

The Prez Sez: June 2010

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To start off, I would like to thank our club treasurer Steve Wegener for stepping up and chairing the 2010 Chili Century Bicycle Ride. Steve already does a ton for the club, and I truly do not know how we would get along without him. He is the club treasurer, LCI instructor, has set up the National Ride Registrations, and quite often is the voice of reason in my ear.

A number of people have taken me up on the offer to ask questions about how and why the club does things. We’ve changed a number of things this year. This month I will talk a bit about our financial structure.

Our club budget is based on two major revenue streams – club dues, and profits from our National Rides. We hope that this business structure will now allow us to focus our future expenditures on education, advocacy, and giving more value back to our membership.

First off, we changed the dues structure and encouraged electronic receipt of The BikeWriter. Part of this decision is based on being green and environmentally friendly. The other major part was financial. The major portion of our budget in past years, and almost all of the income from club dues, was spent on the printing and mailing costs. Now with an electronic format, we are saving the environment, saving money, and newsletter editor Ron Callahan is giving us a creative product that can include online links to many items in our articles.

We were uncertain how many of our members would choose to go to an electronic newsletter. As of the May Board meeting, less than 5% of our members were requesting the printed newsletter!

Now for our second revenue stream – National Rides.

Regrettably this year, terrible weather made the Chili Century a miserable soggy day. Amazingly even with 35+ MPH winds and constant cold rain, we still had riders show up and REGISTER DAY OF RIDE.

Also, if you look at our Ride Calendar, you will notice something missing in June. There is no River Rendezvous Ride this year. Past Ride Chair “Whiskey Ron” Smith retired after a number of years of great service to the club. Regrettably the Club’s Board was unable to find a replacement.

That leaves the club with two future revenue streams for 2010 – the ACACAC Ride on Saturday August 14, 2010 and the Great Ghost Rider Ramble on Saturday October 2, 2010. We hope that we can get as many club members to participate as possible, and note that as a CCC member, you get a $5 discount on the ride price. If you were to have ridden all three National Rides this year, and chosen to receive the BikeWriter electronically, your net dues would have turned out to be $2!

If you have any questions, comments or feedback, feel free to contact me at: president@cincinnaticycleclub.org

Remember – GET ON YOUR BIKE, GO FOR A RIDE, its FUN!

– JC

Come to Cyclebration!

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When: Saturday June 5, 2010

Where: General Taylor Park, Newport Kentucky

Bike Month ends, not in May, but on June 5th. CYCLEBRATION HAS MOVED TO NEWPORT!

There were just not enough weekends in May, so we had to go one week over into June. We’ve moved from Lunken Airport to the more visible location near Newport on the Levee. General Taylor Park is where the Licking River meets the Ohio River.

The Cincinnati Cycle Club, Queen City Bike and Bike Newport have joined together to present multiple rides, from multiple start points, that will now go to Newport. Once you arrive in Newport, Bike Newport will be grilling lunch for everyone. If you don’t want a burger or a dog, then Newport on The Levee or Hooters is just a thousand feet away!

That afternoon, BIKE NEWPORT will sponsor a new event for them – THE SUPER RAD BIKE SHOW.

Your ride options to Cyclebration are:

Northern Kentucky:
Mike Sullivan will be leading a ride from Fusion Studio (648 Monmouth St, Newport KY 41071) at 6th & Monmouth. Rumour has it he will go more than just the 6 blocks to the river, and odds are Mike will have an 18-20 mile route with multiple river views prepared.

Fusion Studio, 648 Monmouth St, Newport KY 41071

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Spokes in Motion:
Cindy Male will be leading a group from Harrison’s Tomb in Cleves.

North Bend, Ohio

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Be sure to bring $2 – $1 for each crossing on the Anderson Ferry.

Ault Park Posse:
Andi Daum will be leading a ride from Lunken Airport at 9 AM. The route heads north up Wilmer to Wooster, through New Town, riding on Round Bottom Road, Kugler Mill, Given, Miami, Camargo, Erie, and Delta, to 52, crossing the Purple Bridge. The return route will be straight back to Lunken on 52.

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Little Miami:

Steve Wegener will be leading a ride from the City of Montgomery at 9:30 AM.

10115 Montgomery Road, Cincinnati Ohio

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This will be a casual (12 mph) and very urban route. Once there we will look around, grab a bite to eat and depart (spending about an hour there) for a ride back to Montgomery. If you are interested in joining us (or hooking up with us along the route) for this approximately 30 mile round trip ride give Steve Wegener a call 477-1539 or email treasurer@cincinnaticycleclub.org.