Booze and bicycle bans debated

By MARTIN WILBUR

Two proposed local laws that would ban the presence of alcohol at all Mount Kisco recreation facilities and prohibit bikes and scooters from being operated on village sidewalks were tabled this week over disagreements among trustees.

The Village Board adjourned the hearings to amend Chapter 43 of the village code governing alcohol and Chapter 93 regarding bike activity on streets and sidewalks after officials debated the language and extent of the proposed measures and their implications. Public hearings on both issues will reconvene Sept. 2.

While there was strong sentiment to prevent alcohol from being consumed to prevent public drunkenness and other unsavory behavior, views on how that could be achieved differed. Currently, alcohol is banned from Leonard Park and Flewellyn Park but not in other locations.

Trustee Thoms Luzio said he was concerned with how police officers would know whether someone has alcohol in their parked car in the lot of a park, for example, without infringing upon Fourth Amendment rights protecting against unreasonable searches and seizures. Meanwhile, Trustee Karen Schleimer questioned whether the proposal should also include drugs, vaping and other activities.

Mayor J. Michael Cindrich said there needs to be a tightening of the regulations to reduce the incidents of public intoxication, which has plagued the village the past few years. He cited the man discovered in a conservation area off Lexington Avenue just before last Christmas who froze to death near empty alcohol containers. The village’s trails have also had intoxicated people.

“I’m a firm believer that an intoxicated person on the street, the way it’s going to be handled, it’s not going to be handled by a police officer putting somebody in cuffs and taking them wherever,” Cindrich explained. “It’s going to be handled in the fashion we do now, they’re going to contact the Mobile Crisis Response Team or they’re going to contact the ambulance and have them taken to a place where he will not be a threat or harm to himself or others.”

Luzio said he would like to see the board speak to the Westchester County Police and the village’s prosecutor and justices to learn about different strategies, including focusing on repeat offenders. He said the court can’t mandate treatment, but could possibly give repeat offenders the choice of seeking treatment or being given the current maximum sentence.

Another possibility is posting highly visible signs in the parks that alcohol is prohibited, but officers would still need to witness its possession.

“I don’t understand how police can go from Point A to Point B,” Luzio said.

During the hearing, resident John Rhodes voiced concern about how certain people could be targeted, including through racial profiling. While he agreed with the intention of the proposed law, officers would need to apply it fairly, Rhodes said.

“If it’s only going to be enforced against middle-aged Hispanic men who may or may not be intoxicated or are walking around with a bag or a bag with a six-pack in it, but it’s not going to be enforced for some guy in a BMW with a bottle of wine in his car, then it’s just not the right law,” Rhodes said. “It’s the right intention, definitely, but not the right law.”

Cindrich and Luzio asked town attorney Daniel Pozin to shore up language in the legislation in hopes of making it more enforceable in time for the Sept. 2 resumption of the hearing.

Officials should obtain from the county police the number of summonses for drinking and intoxication and the locations where those offenses occurred, Cindrich said. He added the village shouldn’t avoid tackling the problem.

“If it’s obvious to the general public that people are driving into the park and distributing closed containers of alcoholic beverages, that should be addressed,” Cindrich said.

Permits for special events that include alcohol but are not held in Leonard Park and Flewellyn Park could still be sought.

Bikes, scooters on sidewalks

Another hearing also prompted discussion how pedestrians and bicyclists can safely co-exist in Mount Kisco.

A proposed revision to Chapter 93 of the code would prohibit bicycles and scooters with and without power to be excluded from sidewalks for operators who are at least 18 years old. In November 2023, the village recognized that pedestrian safety could be compromised as complaints mounted.

“It’s a problem,” said Deputy Mayor Theresa Flora. “I don’t know who has more priority, a person on a bike or a person that’s walking. But I have gotten complaints and inquiries from older people that said a bike comes speeding down Main Street and I almost got hit. It’s happened to me because I’m a runner, and it’s scary.”

There was agreement on the board to ban motorized scooters and bikes from sidewalks, but there was no consensus regarding bicycles.

Luzio, an avid cyclist, said the board should also address areas where it’s too dangerous for bikers to ride in the street, such as on North Bedford Road heading into Bedford and along Lexington Avenue. He suggested officials could consider a bike lane, particularly on Lexington on the western side of the street because of the high volume of traffic.

However, Cindrich said he would be hesitant to reduce the width of a sidewalk for a bike path, especially if it required the removal of street trees.

“I don’t know the answer,” Cindrich said. “I think whatever we do is not going to be enforced except for the motorized units, and we can post all the signs we want, but people — they don’t pay attention.”

Schleimer suggested the board convene a task force to examine the issue, but Flora disagreed with that idea.

Bike lanes have been recommended in areas of the village in Mount Kisco’s Complete Streets study, which sought to make streets safer for pedestrians and bikers. The village has applied for federal and state funding, and also plans to pursue county grants for street improvements.

The hearing will resume at the board’s next meeting.

Martin Wilbur has more than 30 years’ experience covering local news in Westchester and Putnam counties, including having previously served as editor-in-chief of The Examiner.