[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996
as Title 10, Ch. 2 of the 1996 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning
indicated:
Every device propelled by the feet acting upon pedals and having
wheels, any two of which are not less than 20 inches in diameter.
That portion of a roadway set aside for exclusive use of bicycles
and so designated by appropriate signs and markings by the responsible governing
body.
Any path or sidewalk, or portion thereof, designated for the use
of bicycles by the responsible governing body.
Any bicycle lane, bicycle way or highway which has been duly designated
by the responsible governing body and identified by appropriate signs and
markings.
Any device attached to a bicycle designed for carrying articles.
Any coaster, skateboard, roller skates, sled, toboggan, unicycle
or toy vehicle upon which a person may ride.
The right of one vehicle or pedestrian to proceed in a lawful manner
in preference to another vehicle or pedestrian approaching under such circumstances
of direction, speed and proximity as to give rise to danger of collision unless
one grants precedence to the other.
No person shall operate a bicycle upon a highway unless equipped as
required in § 347.489, Wis. Stats.
The provisions of Chs. 346 and 347, Wis. Stats., and applicable Village
ordinances shall govern the operation of bicycles where appropriate. Every
person driving a bicycle upon a roadway shall be granted all the rights and
shall be subject to all the duties applicable to the driver of a vehicle by
the laws of the state declaring rules of the road applicable to vehicles or
by the traffic ordinances of the Village applicable to the driver of the vehicle,
except as to those provisions of laws and ordinances which by their nature
can have no application.[1]
A.
Regulations.
(1)
No person shall roller-skate, roller-blade or skateboard
on the sidewalk located in the Milwaukee Street Business District between
Henni Street and Rock River Street.
(2)
No person shall roller-skate, roller-blade or skateboard
on any state highway in the Village of Theresa.
(3)
No person shall roller-blade, roller-skate or skateboard
on Menomonee Street and Henni Street without certified safety equipment.
(4)
No person shall roller-blade, roller-skate or skateboard
on any designated truck route in the Village of Theresa.
(5)
Roller-skating, roller-blading, and skateboarding are
prohibited on East Bonduel Street.
(6)
The Village recommendation is that certified safety equipment
be worn at all times during roller-blading, roller-skating or skateboarding.
B.
Yield to pedestrians. Operators or riders of skateboards,
roller blades, roller skates, roller skis, or other play vehicles shall yield
the right-of-way to other pedestrians using Village sidewalks and shall not
otherwise endanger or interfere with normal pedestrian traffic on those sidewalks.
C.
Play vehicles not to be pulled by moving vehicles. No
person riding upon any coaster, roller blades, roller skates, skateboard,
roller skis, sled, toboggan or play vehicle shall attach the same or himself
to any vehicle upon a roadway.
B.
Street operation.
(1)
Unless preparing to make a left turn, every person operating
a bicycle upon a roadway carrying two-way traffic shall ride as near as possible
to the right edge of the unobstructed traveled roadway. On one-way roadways,
the operator of the bicycle shall ride as near as possible to the right edge
or left edge of the unobstructed traveled roadway. Every person operating
a bicycle upon a roadway shall exercise due care when passing a standing vehicle
or one proceeding in the same direction, allowing a minimum of three feet
between his bicycle and the vehicle.
(2)
Every person when operating a bicycle upon a roadway
shall ride such bicycle in single file.
(3)
It shall be unlawful for any person riding upon a bicycle
to cling to or attach himself or the bicycle to any other moving vehicle upon
a street or highway.
(4)
No bicycle shall be used to carry more persons at one
time than the number for which it is designed and equipped. Infant seats are
permitted if securely attached to the frame at the top mount and to the axle
and frame at the rear bottom mount and if provided with hand holds, footrests,
foot guards and safety belt. The use of a backpack for carrying an infant
is permitted. Persons are not permitted to be located on a bicycle in front
of the operator of the bicycle.
(5)
No person operating a bicycle shall carry any package,
bundle or article which prevents the safe operation of the bicycle with at
least one hand on the handle bars at all times.
(6)
No rider of a bicycle shall remove both hands from the
handlebars or feet from the pedals or practice any acrobatic or fancy riding
on any street.
(7)
Whenever a usable path for bicycles has been provided
adjacent to a roadway, bicycle riders shall use such path and shall not use
the roadway.
(8)
No person may operate a bicycle or moped upon a roadway
where a sign is erected indicating that bicycle riding is prohibited.
C.
Bicycle parking. No bicycle shall be parked in front
of or adjacent to any commercial establishment unless the bicycle is parked
on the sidewalk parallel to the street and as close as possible to the curb.
No person shall leave a bicycle at such a place or in such a way as to create
a hazard to pedestrians, automobile operators or to anyone else.
D.
Required equipment. Every bicycle, when operated upon
a highway, shall be equipped with a brake adequate to control the movement
of and to stop such vehicle whenever necessary. Such brake shall be maintained
in good working order at all times.
E.
Bicycles not to be pulled by moving vehicles. No person
riding upon a bicycle shall cling or attach himself or his bicycle to any
other moving vehicle upon a street or highway, nor shall the operator of any
such bicycle tow or draw any coaster, wagon, sled, person on roller skates,
toy vehicles or any other similar vehicle on such highway.
F.
Speed. No person shall operate a bicycle at a speed greater
than is reasonable and prudent under existing conditions or in excess of any
posted speed limit.
G.
Rules of the road; sidewalk use. In addition to statutory
rules of the road applicable to bicycles, the following rules shall apply:
(1)
Whenever a usable path for bicycle riders has been provided
adjacent to a roadway, bicycle riders shall use such path and shall not use
the roadway except for direct line crossing.
(2)
Young children with an accompanied adult may use sidewalks;
however, pedestrians will have the right-of-way.
(3)
Sidewalks may be used adjacent to State Highway 28 for
bicycles; however, in all cases the pedestrians will have the right-of-way.
(4)
No person shall bicycle on the sidewalk located in the
Milwaukee Street Business District between Henni Street and Rock River Street.
H.
Bicycle operation while hearing obstructed. No person
may operate a bicycle upon a highway while such operator is using any audio
device attached directly to ear or ears of such operator that materially impairs
the ability of such operator to hear traffic signals or warnings.
I.
Mopeds prohibited on bicycle ways. No person may ride
a moped or motor bicycle with the power unit in operation upon a bicycle way.
J.
Riding bicycle on bicycle lane.
(1)
Unless two-way traffic is authorized by the Village Board
on any portion of a roadway which it has set aside as a bicycle lane and appropriate
traffic signs are installed, every person operating a bicycle upon a bicycle
lane shall ride in the same direction in which vehicular traffic on the lane
of the roadway nearest the bicycle lane is traveling.
(2)
Entering or leaving bicycle lane.
(a)
Unless otherwise provided under Subsection J(2)(b) below, a person operating a bicycle may enter or leave a bicycle lane only at intersections or at driveways adjoining the bicycle lane.
(b)
A person may leave a bicycle at any point by dismounting
from the bicycle and walking it out of the lane. A person may enter a bicycle
lane at any point by walking his bicycle into the lane and then mounting it.
(3)
Every person operating a bicycle upon a bicycle lane
shall exercise due care and give an audible signal when passing a bicycle
rider proceeding in the same direction.
(4)
Every operator of a bicycle entering a bicycle lane shall
yield the right-of-way to all bicycles in the bicycle lane. Upon leaving a
bicycle lane, the operator of a bicycle shall yield the right-of-way to all
vehicles and pedestrians.
K.
A.
Any person 16 years of age or older who shall violate
any provision of this chapter may be issued a uniform traffic citation and
be subjected to the penalties provided by the Uniform State Traffic Deposit
Schedule.
B.
Any person 14 years of age through 15 years of age who
shall violate any provisions of this chapter may be issued a citation and
be subject to the penalties provided by the deposit schedule and, upon conviction
thereof, may be required to forfeit not more than $30 together with the cost
of the prosecution, and, in default of such payment, the court may suspend
the child's operating privileges, as described in § 340.01, Wis.
Stats., for not less than 30 days nor more than 90 days.[1]
C.
Any parent or guardian of any child who authorized or
knowingly permits such child to violate any of the provisions of this chapter
may be subject to the provisions of §§ 346.77 and 346.82(1),
Wis. Stats.
