BOISE, Idaho — This article originally appeared in the Idaho Press.
No, the Boise River Greenbelt will not have a speed limit after all.
Confusion and concern abounded last week after a 10 mph speed limit was floated in a draft ordinance proposal for the greenbelt. It turns out, however, that a speed limit for the greenbelt was never actually considered, according to representatives with Ada County.
The Ada County Board of Commissioners will instead move forward with a speed control provision, advising greenbelt users to exercise sound judgment and be aware of their surroundings when traversing the greenbelt, according to Ada County officials.
This week, an Ada County spokesperson said the original email and flyer that were sent out stating the proposed speed limit ordinance were made in error by the county’s communications office.
Spencer Lay, an associate legal advisor for the Ada County Sheriff’s Office, reaffirmed the county’s stance on the greenbelt speed limit during a recent interview with the Idaho Press.
“I want to be very, very clear on this, there is no speed limit,” Lay said. “There’s never been a proposed speed limit.”
With that said, a story last week on the proposed ordinance by KTVB and posted on the Idaho Press Facebook page drummed up significant interest. The social media post garnered hundreds of reactions and comments, ranging from those who thought a speed limit was appropriate, to others who saw it as another example of over-regulation, to those who questioned how the county would enforce such an ordinance if it were in place.
Garden City Police Chief Cory Stambaugh said that the process of implementing a safer greenbelt started years ago under the department’s former police chief, along with Garden City elected officials, who had been pursuing a unified set of rules for all agencies, cities and unincorporated areas that the greenbelt runs through.
Speed limits were not viewed as a tenable solution to the problem due to complications with enforcement.
“Immediately, right away, everyone was like, no speed limits,” Lay said. “We’re not going to be out there with a radar gun and a faster-than-yours e-bike.”
Now, a unifying ordinance has been put forward with a speed control provision to be put in place. Lay characterized the stipulation as being akin to code against reckless driving. The language used in the ordinance is as follows:
- No person shall travel upon the Greenbelt at a speed greater than, or in a manner that is not, reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
According to the ordinance, violation of the speed control provision will constitute an infraction. If a person’s travel “endangers or is likely to endanger any person or property,” the infraction will become a misdemeanor. The provision is currently under consideration from all cities in Ada County, the Ada County Facebook page said.
Lay said the misdemeanor stipulation is not there to get a “commuter to go to jail for two days,” but rather to ensure that if someone were to suffer a medical or other injury due to a reckless action, they would be able to seek restitution.
With added emphasis on the how the legal system pertains to the greenbelt, law enforcement will work together to enforce a cohesive standard for policing across departments.
Stretching 25 miles from the Lucky Peak Dam to just beyond Eagle Road, the Boise River Greenbelt serves residents across the Treasure Valley. Since areas of the greenbelt are under differing jurisdictions, there can be certain codes that apply for some parts of the greenbelt and not others, which can lead to confusion for the greenbelt’s users as well as law enforcement.
A “Memorandum of Understanding” has been proposed between the Ada County Sheriff’s Office, the Boise Police Department, and the Garden City Police Department to allow a universal code to travel on the greenbelt. Lay said that there are plans to attach the greenbelt to Star, and that the city is poised to adopt the same code.
The memorandum would grant the different law enforcement authorities the ability to enforce Idaho law and municipal code, even when the enforcement may bring them out of their original jurisdiction. Stambaugh said that this would allow the Boise Police Department, which has a full-time bike patrol unit, to take enforcement action when necessary, even when this action extends into Garden City.
Lay said that providing a universal code for the greenbelt and allowing officers to be “cross-deputized” means that, rather than needing to remember three or four different city codes at a time, officers will now be able to enforce a singular code on the path.
Lay emphasized that neither the memorandum nor the ordinance is giving the greenbelt any kind of legal exemption — state and city code still applies.
“If you are acting really negligently and run into somebody, you could still get hit with a battery, that would be unlawful touching,” Lay said.
In addition to avoiding the imposition of a speed limit, Stambaugh said that a focus for the ordinance is ensuring that greenbelt users will not face added restrictions in their method of travel, with particular concern for how disabled users could be impacted by certain bans.
Boise currently has a ban for Class III e-bikes on the greenbelt: e-bikes that can exceed speeds of 28 mph.
“Our idea and our ordinance is to get rid of all that, and it comes down to behavior,” Stambaugh said.
Stambaugh said this doesn’t mean that the greenbelt will now allow “an electric Harley Davidson” to tear down the trail, but users will now be able to use all classes of e-bike as long as they are being ridden in accordance with the ordinance’s speed provision.
Lay added that there was particular concern about how disabled users of the greenbelt could be impacted by vehicle bans.
“What if this person needs to use this for some reason, you don’t ever want to ask somebody, ‘why are you using this e-scooter?” Lay said. “It became, let’s just kind of raise the floor and say, hey, no matter who you are, no matter what you’re doing … you need to act responsibly.”
Though speed and vehicle use are principle concerns, Stambaugh said that the general recommendation is that all people who use the greenbelt do so with other users in mind.
Stopping on the greenbelt, rather than stepping off to the side, taking animals out that aren’t on leashes, or people with family and kids that aren’t under control were all issues observed by the Garden City Police Department, Stambaugh said.
“Everyone just take a breath, be nice and share the greenbelt,” Stambaugh said.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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