Item # 5 - Judson Nature Trails Staff Report

CITY OF ALAMO HEIGHTS
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council Members
FROM: Buddy Kuhn, City Manager
SUBJECT: Discussion on Judson Nature Trails and the Friends of Hondondo Creek
DATE: May 26, 2020
SUMMARY
The City of Alamo Heights executed an amended Memorandum of Understanding (MOU) from
the original agreement in 2013. The amended MOU defines the timeline of expiration to August
26, 2033.
BACKGROUND INFORMATION
The Friends of Hondondo Creek is a 501-3C non-profit organization that has developed,
improved and maintained the 50-acre nature trail area in the Olmos Basin. Under current city
ordinance Chapter 12 Article 1, wheeled vehicles are prohibited from being on the trail system,
originally updated / codified in 2004. With the recent COVID-19 pandemic, there have been a
number of bicycle jumps constructed in the trail area by local children. While there has been no
ill intent that was intended by these children, several of the trail areas have been torn up from
its’ natural state along with lumber, pallets and other material being brought in to create bicycle
jumps. The city made several attempts to mediate the situation and find a happy medium for all
involved to no avail. These steps include:
 Having the Alamo Heights Police Department (AHPD) discuss the issue with area
children
 The city manager having discussions with trail board members trying to find some
middle ground
 Installing temporary signs that were removed and thrown away by unknown parties
 Answering dozens of emails from citizens on both sides of the issue
 The city manager ordering that public works remove all jumps and restoring the trails
to their original condition
POLICY ANALYSIS
Section 12-1 Section (a), numbers 1-11 of the Alamo Heights Municipal Code states that it will
be unlawful to:
Operate wheeled vehicle. To drive or propel any motor vehicle, motorcycle, motorbike, motor
scooter, or other motor-driven device or any wheeled vehicle, excluding a wheelchair used for
the purpose of conveying an invalid, into, along, across or through any portion of any park,
except in and along the parking area provided for parking vehicles, which parking area and
driveways thereto shall be designated off the 200 block of Greely Avenue.

Additionally, # 8 of the same city code states that it shall also be unlawful to:
Remove, mutilate or damage park property. To remove, destroy, mutilate, deface, damage or
disfigure any structure, monument, statue, vase, fountain, wall, fence, railing, bench, trees,
plants, shrubs, bridges, pathways, signs, markers, feeders, or any other property in the park,
or to dump trash or other matter within the park.
These two specific areas of city code are the basis for putting the park back in its’ original
condition. The Friends of Hondondo Creek are also required to maintain and provide proof of
liability insurance to the city which they have done annually as part of their agreement.
COORDINATION
City Attorney Frank Garza has reviewed the MOU between the City and the Friends of Hondondo
Creek along with their liability insurance binder. Mr. Garza has also reviewed other concerns
submitted by residents of Alamo Heights. The city will also be contacting Texas Municipal League
(TML), City’s liability insurance carrier. Police Chief Rick Pruitt has also looked into the Texas
Transportation Code to coordinate on this effort.
ATTACHMENTS:
Attachment A – Agreement with Friends of the Hondondo Creek
Attachment B – Letter from Friends of Hondondo Creek Board of Directors
Attachment C – Email Correspondence from San Antonio Audubon Society
Attachment D – Letter from Kirstin Silberschlag, Esq.
Buddy Kuhn
City Manager

CITY OF ALAMO HEIGHTS
61 16 BROADWAY
SAN ANTONIO, TEXAS 78209
210-822-3331
Date: July 9, 2019
Re: Memorandum of Understanding (MOU) with Friends of the
Hondondo Creek
On Monday, June 24, 2019, Sally Ann Smith, submitted a request for Public
Information Request requesting the MOU between the City of Alamo Heights and
Friends of the Hondondo Creek. After research, Ordinance # 1972 was located;
however, without locating an executed agreement.
City Attorney Frank Garza advised to execute the agreement as it was presented
and approved by Alamo Heights City Council on August 26, 2013 and note that we
are executing the document to be signed by current City Manager Buddy Kuhn and
Sally Ann Smith, representative with Friends of the Hondondo Creek.
Ordinance 1* 1972 references the MOU is effective twenty years from the date of
Ordinance 1* 1972 (August 26, 2013).
Respectfully,
City Secretary
Attachment A

AMENDED MEMORANDUM Of UNDERSTANDING
FRIENDS OF HONDONDO CREEK
This Memorandum of Understanding (“MOU”) is hereby made and entered into by and
between the CITY OF ALAMO HEIGHTS (hereinafter referred to as “City”), a Texas municipal
corporation, acting by and through its City Manager, pursuant to Ordinance No. 7 .dated
August 26, 2013, and THE FRIENDS OF THE HONDONDO CREEK TRAILS OF ALAMO
HEIGHTS (hereinafter referred to as “Friends”), a Texas 501(c)(3) non-profit corporation.
WITNESSETH:
WHEREAS, Hondondo Creek and the lands adjacent thereto extend from the City into
the City of San Antonio; and
WHEREAS, Friends is a 501(c)(3) Texas non-profit corporation incorporated on or about
May 18, 2010, employer identification number 27-2600983, for the purpose of establishing,
funding, improving and maintaining walking and jogging trails in the Alamo Heights area in a
manner that respects and enhances the natural beauty of the Hondondo Creek and surrounding
areas; and
WHEREAS, the City welcomes Friends to establish, improve and maintain trails and to
clean-up and restore the creekbeds and urban forest adjacent to Hondondo Creek and other
nearby areas of the City; and
WHEREAS, City and Friends wish to enter into a MOU regarding their mutual goals for
developing and maintaining trails in the Hondondo Creek area and other areas of the City.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, City and Friends
hereby agree to the following:
1. TERM
1.1 The term of this MOU is twenty (20) years, commencing upon execution of this MOU,
unless earlier terminated as provided herein.
2. STRUCTURE OF FRIENDS
2.1 Friends shall maintain its status as a 501(c)(3) non-profit corporation during the term of
this MOU. If the status of Friends changes during the term of this MOU, Friends shall
promptly notify City of such change.
2.2 Friends certifies that the Certificate of Formation and Bylaws attached hereto are duly
adopted in accordance with the laws of the State of Texas.
Attachment A

2.3 Friends shall inforni the City of the names and addresses of the officers and members of
the Board of Directors annually.
2.4 The Planning and Development Services Director of City shall serve as the liaison of the
City to the Board of Directors of Friends.
3. ALAMO HEIGHTS COMPREHENSIVE PLAN
3.1 City and Friends acknowledge that the Comprehensive Plan adopted by City on or about
May 26, 2009 contains goals and objectives for City development and enhancement.
City and Friends further acknowledge that the Trails Concept Plan approved by City on
or about January 24, 2011 defines additional plans applicable to the Hondondo Creek
area. Activities undertaken by Friends shall incorporate and further the goals and plans
approved as part of the Comprehensive Plan and Trails Concept Plan unless said plans
are modified by the City Council of City.
3.2 City acknowledges that assistance from Friends and other organizations is essential to the
development and enhancement of City resources and that the goals of the Comprehensive
Plan and Trails Concept Plan are dependent on such assistance. Friends acknowledges
that City has the ultimate authority to control City resources and assets so that all
development and enhancement of such resources and assets is subject to City approval.
4. OBLIGATIONS OF FRIENDS
4.1 Friends will seek funding for its development and maintenance projects through various
sources, such as grants, sponsorships, donations and fundraisers. The City shall have no
claim against funds raised by Friends for its projects and if Friends dissolves, any
remaining funds of Friends shall be disbursed in accordance with the Certificate of
Formation of Friends and the Texas Business Organizations Code.
4.2 Friends shall be responsible for the design and maintenance of all projects which it
implements and shall submit all of its development and maintenance projects to City
prior to the implementation thereof for City approval. All development plans shall be
accompanied by specifications prepared in consultation with an engineer, architect or
landscape architect, which plans shall include, but not be limited to, the proposed location
of improvements, proposed materials, proposed structures and proposed dimensions.
4.3 Friends shall not be required to install, construct or maintain any restroom facilities for
those using the Hondondo Creek and associated trails.
4.4 Friends will provide Broad Form Commercial General Liability Insurance which covers
premises operations, independent contractors, products/completed operations, personal
injury and contractual liability with a minimum limit of $500,000.00 per occurrence.
Such insurance shall contain an endorsement naming the City, its officers, employees and
volunteers as additional insureds for activities under this agreement. Friends insurance
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Attachment A

shall be secondary and contributory with respect to insurance carried by City to cover
City and its officers and employees. The policies shall provide for thirty (30) day
advance written notice to the City of any suspension, cancellation, non-renewal or
material change in coverage.
4.5 Friends shall provide semi-annual reports to the City outlining the status of Friends’
projects, including completed activities and plans for the future.
4.6 Friends shall coordinate any proposed work on the Jack Judson Nature Trail with the San
Antonio Audubon Society to protect the natural bird habitat and the qualities that make
the area a popular destination for bird enthusiasts.
4.7 TO THE FULLEST EXTENT PERMITTED BY LAW, FRIENDS SHALL
INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS,
EMPLOYEES, AGENTS AND CONSULTANTS FROM AND AGAINST ALL
CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED
TO ALL FEES AND CHARGES OF ATTORNEYS AND OTHER
PROFESSIONALS AND ALL COURT OR MEDIATION OR OTHER DISPUTE
RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ACTIVITIES OF
FRIENDS UNDER THIS MOU.
5. OBLIGATIONS OF CITY
5.1 The City agrees to consult with Friends on any City activities or projects within or
directly related to the Hondondo Creek and associated trails before such activities or
projects are decided or acted upon.
5.2 City shall have the right, but not the obligation, to provide staff, technical support and
labor for Friends’ projects.
5.3 City shall not impose any payments, charges or fees on Friends and shall not be entitled
to a share of Friends’ funds.
5.4 City shall continue to provide public safety services to the areas of the City within which
Friends develops and maintains its projects in the same manner and with the same level
of service provided to other public areas of the City.
5.5 City agrees to use efforts deemed appropriate by the City to discourage parking in
residential areas of the City for those using the Hondondo Creek and associated trails.
5.6 City agrees to notify residential neighbors of the Hondondo Creek trails of its
consideration of development and maintenance plans submitted by friends for approval
by the City as required by City Code.
5.7 Subject to approval by the City, Friends may install tasteful signs at the entrance to the
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Attachment A

trails developed and maintained by Friends advising the public of the hours the trails may
be used, parking restrictions, disclaiming liability of Friends and the City for use of the
trails, and other matters deemed important to friends.
5.8 City agrees to collect and dispose of trash and debris generated by Friends projects,
excluding trash or debris generated by any contractors unless agreed to in advance by
City, from collection sites designated by the City.
6. ASSIGNMENT
6.1 friends shall not assign this MOU without the prior written consent of City. Any
assignment without such permission shall constitute a material breach of this MOU.
7. DEFAULT AND TERMINATION
7.1 If Friends fails to comply with any provision of this MOU and does not cure such failure
within thirty (30) days after written notice thereof to friends or commits any other breach
of this MOU, the City may declare this MOU and all rights created by it to be terminated,
and may seek any other remedies available at law or in equity.
7.2 Either party may terminate this MOU without cause by providing six (6) months written
notice to the other party.
8. STAGES OF DEVELOPMENT
8.1 The first stage of the Friends’ projects hereunder is proposed to be the improvement of
the Hondondo Creek area between Greely and Morse.
8.2 The second stage of the Friends’ projects hereunder is proposed to be the improvement of
the Judson Nature Trails in conjunction with the Audubon Society.
8.3 The third stage of the Friends’ projects hereunder is proposed to be the construction of
additional trails connecting trails from phases one and two to Devine Road.
9. MISCELLANEOUS PROVISIONS
9.1 This contract is to be governed by the laws of the State of Texas and venue for any legal
proceedings under shall be in Bexar County, Texas.
9.2 Notices to City under this MOU shall be sent to:
City Manager
City of Alamo Heights
6116 Broadway
Alamo Heights, Texas 78209
4
Attachment A

City Manager
6116 Broadway
9.3 Notices to Friends under this MOU shall be sent to
The Friends of the Hondondo Creek Trails of Alamo Heights
c/o Sally Ann Smith
903 Cambridge Oval
9.4 Either party may change its address to receive notices by giving written notice of such
change to the other party.
9.5 No amendment, modification or alteration of the tenns of this MOU shall be binding
unless the same is in writing and duly executed by the parties hereto.
EXECUTED this jOfl’ day of Jiy. 2019.
CITY OF ALAMO HEIGHTS THE FRIENDS OF HONDONDO CREEK
TRAILS OF ALAMO HEIGHTS
By: By:
Name: Name: S llyn Si ith
Title: Title:
5
Attachment A

RECEIVED MAY22
Mr. Bobby Rosenthal, Mayor and City council members
6116 Broadway
San Antonio, TX 78209
Dear Mr. Rosenthal and all:
Thank you for your support of the Judson Nature Trails as a place for the citizens of Alamo
Heights to enjoy nature and for your support of the recent renovation of the pavilion there. The
windows are now a great benefit for the visitors and the rest rooms are updated.
The San Antonio Audubon Society has been the operator of the monthly bird walks there and in
getting this place on the Great Texas Birding Trails maps of the Texas Parks and Wildlife
Department for visiting birders.
It is a great place to find peace and to enjoy nature in the midst of the city.
Now we must ask you to defend this place against those who would have you weaken the
ordinance that says “no wheeled vehicles”.
Some people have built illegal bike ramps in the stream bed there which are dangerous to the
people and destructive of the natural environment. There is a liability issue here which needs to
be recognized. A Nature trail is one thing. A sporting event is another.
Please help us keep this as a natural place and resist this effort to destroy our efforts to
preserve a bit of nature for our future. These trails are too narrow for bikes and pedestrians to
share them safely.
Thank you,
San Antonio Audubon Society Board of Directors:
Mariann Golden
Debra Engler
Lorna L Engleman, M.D.
Christian Fernandez
Christine Turnbull
Georgina Schwartz, Secretary
Attachment C

1
Jennifer Reyna
From:
Sent: Friday, May 15, 2020 7:35 PM
To: Buddy Kuhn
Cc:
Subject: Judson Nature Trails
Dear Mr. Kuhn
I am writing to thank you for keeping active the ordinance of no wheeled vehicles in Judson Natures Trails. The Trails
have been around since 1965. It is very important to save our natural areas for the birds and other wildlife. It is
especially needed for people to have a quiet natural area to enjoy. The trails are a special place in the Alamo Heights
area.
You might consider finding a more appropriate area to develop into a bike park which would preserve the Judson
Natures Trails for its intended purpose. A dedicated bike park would also be safer for the kids who use it.
Thanks for your consideration regarding this issue.
Sincerely,
Mariann Golden
Past President, San Antonio Audubon Society
210-650-4312
Please be cautious
**This email is not from your organization, please verify the Sender's Name matches the From Email Address!**
Attachment C

1
Jennifer Reyna
From: John Fey
Sent: Friday, May 15, 2020 12:50 PM
To: Bobby Rosenthal; Buddy Kuhn; Lawson Jessee; Wes Sharples; Fred Prassel; Lynda Billa-
Burke; John Savage
Cc: Diane Fey
Subject: Judson Nature Trails - Help Please
Dear, Alamo Heights mayor , city manager and board members:
I am John Fey. My wife, Diane, and I are San Antonio Audubon members and lifelong residents in the San Antonio area.
We are sending this email in support of the Judson Nature trails remaining a nature trail. There have been some
bicyclers building ramps and practicing jumping in violation of the "No Wheeled vehicles" ordinance. These violators are
now pressing to have the ordinance abolished. That is not what we would like.
First, let me thank the city council for their interest in the Trails, their removal of the bike ramps, and their past support
of rebuilding the gazebo and the general care and maintenance of this unique place. Please support keeping the "No
wheeled vehicles" ordinance in place. A number of residents of Alamo Heights, San Antonio and surrounding
communities enjoy San Antonio Audubon's monthly bird walks at Judson Nature Trails. You may not be aware but
Judson Nature Trails is listed on the Great Texas Birding Trails maps of the Texas Parks and Wildlife Department. Judson
Nature Trails is truly a special place and we ask your support in keeping it that way.
Sincerely, John A Fey and Diane Fey
Please be cautious
________________________________
Attachment C

1
Jennifer Reyna
From: Christine Turnbull
Sent: Thursday, May 14, 2020 11:50 AM
To: Buddy Kuhn
I want to thank you and all of Alamo Heights for the care and maintenance you have provided for the Judson Nature
Trails. It is a wonderful resource (especially during current conditions) for people to walk and explore nature in a
healthy, wooded environment. I recently saw a Barred Owl and other nice birds along the trails.
As with every small area, it is difficult allow multiple uses of a trail - it ultimately diminishes the ability of pedestrians to
enjoy it. It seems clear there is a desire by bikers to use this area, but imperative to find a more practical and
satisfactory location for their activities.
I would gladly participate in a group that seeks an alternative for trail bikers - hopefully would include officials, trail
bikers, walkers and other interested folks.
Christine Turnbull
Board Member, San Antonio Audubon Society River Road Beighborhood
Sent from my iPhone
Please be cautious
________________________________
Attachment C

1
Jennifer Reyna
From: Lila Theis
Sent: Thursday, May 14, 2020 4:18 PM
To: Buddy Kuhn; Bobby Rosenthal; Lawson Jessee; Wes Sharples; Fred Prassel; Lynda Billa-
Burke; John Savage
Buddy Kuhn, City Manager
Mayor Rosenthal, and
Board Memebers,
First I would like to thank the city council for their interest in the Judson Nature Trails, including removal of the bike
ramps, and past support of rebuilding the gazebo and the general care of the the Judson Nature Trails.
I am writing in support of the Judson Nature Trails remaining a nature trail. There have been some bicyclers building
ramps and jumping structures in violation of the "No Wheeled vehicles" ordinance. And now they are pressing to have
the ordinance abolished. That is not the response that we would like.
Please continue to support keeping the "No wheeled vehicles" ordinance in place. These trails are on the Great Texas
Birding Trails maps of the Texas Parks and Wildlife Department, and many enjoy the monthly bird walks provided by the
audubon society.
Regards,
Lila Theis
San Antonio Audubon member
Please be cautious
Attachment C

1
Jennifer Reyna
From: Georgina Schwartz
Sent: Thursday, May 14, 2020 11:45 AM
To: Buddy Kuhn
Dear Mr Kahn:
Thank you so much for following up on the matter of the illegal bike ramps and further destruction of the Judson Nature
Trails.
There has been a lot of improvement there and we appreciate the City of Alamo Heights' involvement in making this a
great place to enjoy nature.
The San Antonio Audubon Society has been the operator of the monthly bird walks there and in getting this place on the
Great Texas Birding Trails maps of the Texas Parks and Wildlife Department.
It is a great place to find peace and to enjoy nature in the midst of a great city.
Now I must ask you to defend this place against those who would have you weaken the ordinance that says " no
wheeled vehicles".
Please help us keep this as a natural place.
Thank you
Georgina Schwartz
3006 Belvoir Dr
San Antonio TX 78230
Please be cautious
________________________________
Attachment C

1
Jennifer Reyna
From: Barbara Sykes
Sent: Tuesday, May 12, 2020 5:11 PM
To: Buddy Kuhn
Cc: Bobby Rosenthal; Jenny Wood
Subject: History of JNT
Hello,
Thank you for standing behind the ordinance and helping us maintain the work put into the JNT. I have included below an article
from the Ex- News dated 2003, right prior to the reopening of the trails in summer 2004. You may not be aware of the history and I
thought this would be helpful to you . Many people from the SA Audubon Society and the Friends of Hondondo Creek trails have put
in many hrs and spent lots of money in the effort of providing trails for the enjoyment of nature. We do not wish to see these efforts
pummeled . If another group wants a place to practice conflicting activities , I suggest they do what we have done : form a group ,
get an MOU , fundraise , do manual labor etc ... but in a different space.
Sincerely,
Barbara Sykes
Board Member SAAS, FOHCT, AH citizen
Please be cautious
________________________________
Attachment C

Kirstin Silberschlag, Esq.
222 Lamont Avenue
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May 6, 2020
To Alamo Heights City Council: via electronic mail
Mayor Bobby Rosenthal: brosenthal@alamoheightstx.gov
Council Member Lawson Jessee: ljessee@alamoheightstx.gov
Council Member Wes Sharples: wsharples@alamoheightstx.gov
Council Member Fred Prassel: fprassel@alamoheightstx.gov
Council Member Lynda Billa Burke: lbillaburke@alamoheightstx.gov
Council Member John Savage: jsavage@alamoheightstx.gov
cc: City Manager Buddy Kuhn: bkuhn@alamoheightstx.gov
RE: NATURE TRAILS USE BY BICYCLES / STROLLERS AND REQUEST
FOR SPECIFIC AGENDA ITEM AT CITY COUNCIL MEETING
Dear City Council Members:
First, I want to thank you and all of our City’s employees and staff, for all you and they are doing
during these challenging times. My family and I (husband, Luke Bovenzi, sons Eli (10), Lucas
(8), and daughter Annika (6)) have lived in Alamo Heights since my husband and I relocated to
San Antonio in 2003, and the sense of community we continue to feel, 17 years after moving here,
is what keeps us here and has made us such strong advocates for Alamo Heights. We often join
the chorus of fellow citizens expressing what a wonderful place this is to raise a family; we don’t
believe there are many communities that rally around their families and support their children like
Alamo Heights does.
Along with all the families in our community, ours has been impacted by the recent events resulting
from the COVID-19 pandemic and resulting closures and changes in lifestyle. All three of our
children attend Alamo Heights schools (one at Howard and two at Cambridge), and they, along
with their classmates, have been adapting to on-line learning. My husband (an engineer) and I (a
corporate attorney) have also been adapting to the new normal of intermittently working from
home and helping the children with their schoolwork, all while trying to maintain some semblance
of normality. Our beautiful community has been a respite during these chaotic times – we notice
that we aren’t the only ones taking long strolls throughout our neighborhood and riding bikes and
pushing strollers on the city streets and nearby trails.
It was thus with much dismay that we have witnessed the recent events surrounding the Nature
Trails, including the posting of a sign at the entrance to the Nature Trails purportedly disallowing
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bicycles from the area (See Appendix 1), followed by, on May 5, 2020, individuals from the Public
Works Department (apparently at the behest of the City Manager) utilizing resources to bulldoze
sections of the Nature Trails (See Appendix 2). These actions have generated much consternation
and anger among families in the community. Thus, on behalf of a large number of families, I am
writing specifically to seek clarification on the following points:
 Was the notice referenced in Appendix 1 an official notice posted by the City of Alamo
Heights, endorsed by the City Council / City Manager?
 Is the “Alamo Heights City Ordinance” cited by this notice Section 12-1 of the
Municipal Code?
 Does the City Council have an official interpretation / guidance it is ready to provide to
constituents regarding the interpretation of this ordinance?
 Does the City intend any enforcement activities while there is ambiguity surrounding
this issue?
 Were City funds used to perform “maintenance” (bulldozing) of certain sections of the
Nature Trails, when such is the responsibility of the non-profit organization leasing
such property from the City?
 Is there a mutually acceptable designated trail area or undeveloped land that bikes
could access, or which could be leased for bike-only access?
I believe this issue has generated enough interest by constituents that it should be added as a
specific agenda item to the next regularly scheduled City Council meeting, and to that end I have
included the City Manager in carbon copy herein and am officially requesting that the Council
propose this topic for consideration such so that interested citizens can be heard.
However, in advance of such a meeting, I would offer the below analysis and welcome follow-up
conversation with the Council (especially those on Council with a legal background) and/or the
current acting City Attorney.
I. Legal Argument: Current Ordinances Do Not Clearly Prohibit Bicycles / Strollers From
the Nature Trails
It is a well-established tenant of statutory interpretation, and one confirmed time and time again
by Texas courts, that statutes must be interpreted by looking at their plain language. Alamo Heights
Municipal Code (the “Code”), Article I, Section 12-1(a)(1) (“Prohibited Acts”) states:
It shall be unlawful for any person or persons within the area of any city
park to commit or do any of the following acts: … To drive or propel any
motor vehicle, motorcycle, motorbike, motor scooter, or other motor-
driven device or any wheeled vehicle, excluding a wheelchair used for the
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purpose of conveying an invalid, into, along, across or through any portion
of any park, except in and along the parking area provided for parking
vehicles, which parking area and driveways thereto shall be designated off
the 200 block of Greely Avenue.
Although Section 12-1(a)(1) does specify that “wheeled vehicles” are prohibited from
city parks, there is no definition of such term and no clear indication anywhere in the
Code that “wheeled vehicles” includes bicycles (contrary to the City Manager’s assertion
that the ordinance prohibits “2 wheeled vehicles”). In the absence of the statute clearly
prohibiting bicycles from the list of prohibited activities, statutory interpretation requires
the following principles be applied:
A. Ejusdim generis (“of the same kind, class or nature”). If the statute lists
certain things and the list ends with a general statement to include other things (a “catch-
all”), the assumption is that the general statement only includes things that are similar to
the items listed. In this instance, when the statute says “motor vehicle, motorcycle,
motorbike, motor scooter”, the subsequent general catch-all of “any wheeled vehicle” is
presumed to only include things similar to the enumerated categories (i.e., devices which
are powered by motors, not humans). An interpretation that anything with wheels should
be included here, whether powered by motors or humans, is inconsistent with common
statutory interpretation and could furthermore lead to unintended results.
Does the City Council really intend that children on bikes and parents pushing strollers
should be prohibited from enjoying the nature trails?!
B. In pari materia (“upon the same matter or subject”). If a statute is ambiguous,
the rest of the statute, or surrounding statutes, must be analyzed to determine the meaning
of the ambiguous statute. Furthermore, a provision of a statute should not be read in
isolation to thereby cause a conflict with another provision within the same statute.
Neither “wheeled vehicles” nor “bicycle” is defined anywhere in the Code. However,
when analyzing the remainder of the Code, including the sections regulating traffic, it is
clear that if the original lawmakers had wanted to specifically enumerate bicycles in
Section 12-1(a)(1), they could have, in the same way they did in the following sections:
- Section 18-4 (“Clinging to moving vehicles”). No person riding upon
any bicycle, motorcycle, coaster, sled, skateboard, roller skates or any
toy vehicle, shall attach the same or himself to any moving vehicle upon
any roadway.
- Section 18-126 (“Vehicles to be removed by police if illegally parked
or abandoned”). Any motor vehicle or bicycle or other personal property
that is parked on any street in the city where parking is prohibited or is
parked for a period of time prohibited by ordinance, resolution or by state
law or on any street or public property within the city may be removed
by the police department and stored until claimed by the rightful owner
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or person who has the immediate right to such property, or until disposed
of under the provisions of state law.
- Section 18-127 (“Storage fees”). A storage fee shall be assessed
against the owner or person who has the right of possession of any motor
vehicle so illegally parked or abandoned, and a fee shall be assessed
against the owner of any bicycle or other vehicle or other personal
property which has been so illegally parked or abandoned.
- Section 18-129 (“Minimum charge”). Any motor vehicle, vehicle,
bicycle, boat or other personal property that is removed by the police
department to a place of safekeeping by the city shall be subject to a
minimum storage charge… .
The examples above clearly show that when drafting the Code, the original
lawmakers knew how to (and did in fact in certain instances) specifically call out bicycles
when they intended to. In fact, there is more than once instance where they used the
general “vehicle” in the same sentence as “bicycle.”
Had the original lawmakers intended to prohibit bicycles and strollers from the City’s
parks, including the Nature Trails, they would have clearly stated as much. They did not.
Interpreting “wheeled vehicles” to now prohibit such activities is not a defensible legal
reading of the ordinance. Specifically interpreting “wheeled vehicles” to solely mean
bicycles would be an arbitrary and capricious interpretation of the ordinance, leaving
the Council open to judicial determination that the City is acting contrary to law.
II. Equitable Argument: Families have enjoyed the nature trails for years; prohibiting
access during this time is simply unequitable, if not unconscionable.
I have heard from numerous families that they and their children have enjoyed riding on these
trails for years. What has previously been merely an enjoyable activity has, during the current
environment, become essential. The nature trails are one place where children and families can
continue to ride bikes and push strollers and, for a brief moment, forget the sad and scary world
around them. Numerous communities have faced the “hikers” versus “bikers” debate. Without
diminishing the importance of these trails to either constituent group, I believe there is a way we
can ensure both peacefully coexist.
I do not believe that posting signs and bulldozing these trails, at this moment, is a reasoned or
sound decision. Several families have told me that these actions have “devastated” their children.
Normally, I would not take time to become involved, but I am choosing to now not only because
I believe an interpretation of Section 12-1 of the Code to prohibit bicycles is not founded in the
law, but also because the recent actions taken during this time seem to show a lack of sound
judgment and utter disrespect for a large constituency in our community. I thus feel compelled to
act.
Attachment D

Page | 5
I sincerely hope there is an amicable solution to this issue, rather than pushing this to the judiciary
to engage in statutory interpretation or one that pits constituents against each other.
I look forward to a more robust discussion of this issue at the next City Council meeting.
Regards,
Kirstin Silberschlag
222 Lamont Avenue
Attachment D

Appendix 1 - Page | 1
APPENDIX 1
Attachment D

Appendix 2 - Page | 1
APPENDIX 2
Attachment D

Item # 5 - Judson Nature Trails Staff Report

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