[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 10, Ch. 2
of the 2001 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Every device propelled by the feet acting upon pedals and
having wheels, any two of which are not less than 14 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, in-line skates, roller
skis, sled, toboggan, unicycle or toy vehicle upon which a person
may ride.[1]
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
during hours of darkness unless equipped as required in § 347.489,
Wis. Stats.
The provisions of Chs. 346 and 347, Wis. Stats.,
and applicable City 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 City applicable to the driver of a vehicle, except as to those
provisions of laws and ordinances which by their nature can have no
application.
A.
Regulations. It shall be unlawful for any person in the City of Weyauwega to operate or ride a play vehicle as defined in § 202-1 in any of the following places:
(1)
On any sidewalk in a business district. For purposes
of this section, a business district shall be defined as any area
primarily commercial in nature.
(2)
In any public parking ramp or parking lot.
(3)
On private property, unless permission has been received
from the owner, lessee or person in charge of that property.
B.
Yield to pedestrians. Operators or riders of play
vehicles shall yield the right-of-way to other pedestrians using City
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 play vehicle shall attach the same or himself/herself
to any vehicle upon a roadway.
D.
Penalties.
(1)
Any person 14 years of age and over who shall violate
any provisions of this section 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 $25, together with
the costs of prosecution.
(2)
Any person under 14 years of age who shall violate
any provisions of this section may receive an officer's report warning
notice along with the following additional actions:
(a)
First offense in one year: a warning letter
sent to the parent or guardian.
(b)
Second or third offense in the same year: the
play vehicle may be impounded by law enforcement authorities.
(c)
Fourth and subsequent offense in the same year:
mandatory referral to Waupaca County Juvenile Court Intake Worker.
(3)
Any parent or guardian of any child who authorizes
or knowingly permits such child to violate any of the provisions of
this section may be subject to the provisions of §§ 346.77
and 346.82(1), Wis. Stats.
B.
Street operation.[1]
(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/her
bicycle and the vehicle.
(2)
Every person when operating a bicycle upon a roadway
shall ride such bicycle in single file.
(3)
Transporting more than one person; child's seat or
trailer.
(a)
Except as provided in Subsection B(3)(b), no bicycle may be used to carry or transport more persons at one time than the number for which it is designed.
(b)
In addition to the operator, a bicycle otherwise designed to carry
only the operator may be used to carry or transport a child seated
in an auxiliary child's seat or trailer designed for attachment to
a bicycle if the seat or trailer is securely attached to the bicycle
according to the directions of the manufacturer of the seat or trailer.
(4)
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 handlebars at all times.
(5)
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.
(6)
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.
(7)
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/herself or his/her
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.
Operation on sidewalks.
(1)
No person over the age of 10 shall ride or propel
any bicycle upon any public sidewalk or thoroughfare of the City set
apart for pedestrians, except bicycles having wheels sized 20 inches
or under. This exception shall not apply to twenty-inch or under bicycles
designed or modified to BMX specifications.
(2)
No person shall ride or propel any bicycle upon any
public street, alley, boulevard or sidewalk of the City in such manner
as to interfere with the rights of other persons using such street,
alley, boulevard, or sidewalk.
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 the 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 City Council
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 lane 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/her 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.
Registration required. It shall be unlawful for any
resident of the City to operate a bicycle upon any of the streets,
alleys, or public highways of the City of Weyauwega unless said bicycle
is properly registered and tagged as herein provided.
B.
Fee. Registration shall be made by filing with the
City Police Department the name and address of the owner together
with a complete description of the bicycle on forms provided by the
City and paying a registration fee as set by the City Council.[1] Registrations shall be serially numbered and kept on file
by the City Police Department or City Administrator as a public record.
C.
Identification tag. Upon such registration, said officer
shall cause an identification tag to be affixed to the bicycle registered,
serially numbered to correspond to the registration number. Such tag
shall remain affixed to the bicycle unless removed by said officer
for cause or for retagging upon reregistration. In case of theft or
loss, a duplicate tag shall be issued upon payment of a fee covering
the cost of such tag.
D.
Expiration. Registration shall be nonexpiring as long
as the bicycle's ownership remains unchanged.
E.
Restrictions and suspension. No bicycle shall be registered
which is in unsafe mechanical condition. City police officers shall
have the authority to suspend the registration of and remove the identification
tag from any bicycle operated contrary to any state law or the City
Code or operated while in an unsafe mechanical condition, such suspension
and removal to continue for a period not to exceed 10 days, provided
that such registration shall not be reinstated or such identification
tag be replaced while such bicycle is in unsafe mechanical condition.
Such suspension and removal shall be in addition to other penalties
provided hereunder.
F.
Removal of identification tag prohibited. No person
shall wilfully remove, deface or destroy any such identification tag
or any bicycle frame number.
G.
Report change of information. Within 10 days after
any bicycle registered hereunder shall have changed ownership or been
dismantled and taken out of service or operation, the person in whose
name the bicycle has been registered shall report such information
to the City Police Department. In case of change of ownership, the
registration shall thereupon be changed to show the name of the new
owner. In case of dismantling and taking out of service or operation,
the registration shall be cancelled and identification tag returned
to the City Police Department.
Any person who shall violate any provision of this chapter shall be subject to the following penalties, except that violations of § 202-4, Play vehicles, shall be subject to the penalties in § 202-4D:
A.
Any person 16 years of age or older may be issued
a uniform traffic citation and be subject to the penalties provided
by the Uniform State Traffic Deposit Schedule.
B.
Any person 14 years of age through 15 years of age
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 $25, together with the cost of the prosecution,
and in default of such payment the Chief of Police may suspend the
registration of and remove the identification tag from such person's
bicycle for not less than 30 days nor more than 90 days.
C.
Any person under 14 years of age may be issued a special
bicycle violation warning notice along with the following additional
actions:
(1)
First offense in one year: a warning letter sent to
the parent or guardian.
(2)
Second offense in the same year: the bicycle registration
shall be suspended by the Chief of Police for a period of not longer
than 15 days as said officer may deem necessary. The owner of said
bicycle shall not use this bicycle or any other bicycle during said
suspension.
(3)
Third and subsequent offense in the same year: possible
referral to Waupaca County Juvenile Court Intake Worker.
D.
All violations shall be determined based on the preceding
twelve-month period to establish which violation has occurred.
