[HISTORY: Adopted by the Common Council of the City of New
Lisbon 4-2-2001 as Title 10, Ch. 2, of the 2001 Code. Amendments noted where applicable.]
The following definitions shall be applicable in this chapter:
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 the 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.[1]
Any device attached to a bicycle designed for carrying articles.
Any coaster, skateboard, roller skates, sled, rollerblades,
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
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.[1]
A.
No persons shall ride on or propel themselves by means or use of
any skateboard, roller skate, roller ski or other similar devices
on streets and sidewalks in the business district.
B.
On sidewalks other than those set forth in Subsection A, no persons shall ride on or propel themselves by means or use of any skateboard, roller skate, roller ski or other similar device without consent of the property owner.
C.
Any persons riding on or propelling themselves by means or use of
any skateboard, roller skate, roller ski or other similar device on
any street within the corporate limits of the City of New Lisbon shall
obey all lawful traffic laws, rules and regulations.
D.
No persons shall erect, maintain or use any ramp, scaffold, jump
or other device used for the purpose of skateboarding, roller-skating,
roller-skiing or using other like devices, except on private property
with the consent of the owner.
E.
The penalty for violation of this section shall be a forfeiture of
not less than $5 nor more than $50 plus applicable court costs and
assessments.
F.
Upon violation of this section and upon issuance of a citation, law
enforcement officers shall have the authority to confiscate the skateboard,
roller skates or roller ski of any person found to be a minor and
shall retain the same at the office of the City of New Lisbon Police
Department until the forfeiture is paid and further may require that
the parent or legal guardian of said minor appear in person or contact
the Police Department by other means before releasing the confiscated
item to said minor.
G.
Specifically adopted by reference are the following statutes regulating
in-line skates and play vehicles:
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§ 340.01(24m)
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Definition of "in-line skates"
| |
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§ 340.01(43m)(b)
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"Play vehicle" does not include in-line skates
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§ 349.235
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Authority to restrict use of in-line skates on roadway
| |
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§ 346.94(17)
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In-line skates on roadway
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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 bicycle and
the vehicle.
(2)
Every person when operating a bicycle upon a roadway shall ride such
bicycle in single file.
(3)
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 handholds,
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.
(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.[2]
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. Except upon a footbridge, no person shall
ride any bicycle upon any sidewalk area in the business district.
This prohibition shall not apply to bicycles with wheels sized 20
inches or under, except that this exception shall not apply to bicycles
designed or modified to BMX specifications.
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 Common 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 exiting 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 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.
(1)
When required.
(a)
No person shall ride or propel a bicycle within the City on
any street, alley or highway, or upon any public path set aside for
the exclusive use of bicycles, unless such bicycle has been registered
and a registration tag is attached thereto as provided herein.
(b)
Registration shall be required of all residents of the City
and nonresidents who operate bicycles upon the streets of the City
habitually or frequently. It shall not be required of casual travelers
or tourists passing through the City on their bicycles.
(2)
Time limit. All bicycles shall be registered within 10 days of purchase.
B.
Application for bicycle registration.
(1)
Form. Application in duplicate for a bicycle registration tag shall
be made upon a form provided by the City and shall be made to the
Chief of Police. Such application shall contain the applicant's
name, date of birth and address, together with the bicycle registration
number.
C.
Inspection of bicycle.
(1)
The Police Department shall inspect each bicycle before registering
the same and shall refuse registration for any bicycle which it determines
to be in unsafe mechanical condition.
(2)
The Police Department shall inspect every bicycle for a serial number;
and if no serial number is found, one shall be assigned to and stamped
on the frame of such bicycle.
D.
Issuance of registration.
(1)
The Police Department, upon receiving proper application therefor,
shall issue a bicycle registration which shall be valid for the period
herein provided.
(2)
The Police Department shall not issue a registration for any bicycle
when it knows or has reasonable grounds to believe that the applicant
is not the owner of, or entitled to possession of, such bicycle.
(3)
The Police Department shall keep a record of the number of each registration,
the date issued, the name and address of the person to whom issued
and the number on the frame of the bicycle for which issued. Registration
forms and registration tags shall be serially numbered to coincide
with each other.[3]
E.
Attachment of registration tag.
(1)
The Police Department, upon issuing a bicycle registration, shall
also issue a registration tag bearing the registration number assigned
to the bicycle and the name of the City.
(2)
The registration tag shall be affixed to the rear of the bicycle
in a conspicuous place.
(3)
No person shall remove the registration tag from a bicycle.
F.
Transfer of ownership. Within seven days after any registered bicycle
has changed ownership, the person in whose name the bicycle has been
registered shall report such information to the Police Department
so that the registration can be changed to show the name of the new
owner.
G.
Lost registration. If an owner loses his/her registration tag or
if it is destroyed or stolen, he/she shall report the same immediately
to the Police Department, which shall issue to such owner a new registration
tag at no cost.[4]
H.
Alteration of registration tags. No person shall alter, destroy or
counterfeit any registration tag issued in conformity with this section.
J.
Unclaimed or unidentified bicycles. All abandoned bicycles and unidentified
bicycles remaining in the Police Department shall, at the end of one
year, be disposed of pursuant to Department policy.
K.
Use of another person's bicycle. No person shall intentionally
take or ride a bicycle without the consent of the owner.
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 subject
to the penalties provided by the Uniform State Traffic Deposit Schedule.
B.
Any person 12 years of age and up who violates 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 $25, together with the cost of
the prosecution, and in default of such payment the court may suspend
the child's operating privileges, as defined in § 340.01,
Wis. Stats., for not less than 30 days nor more than 90 days.
C.
Any person under 14 years of age who shall violate any provision
of this chapter 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: bicycle license stickers shall be invalidated
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 use
neither this bicycle nor any other bicycle during said suspension.[1]
(3)
Third
offense in the same year: bicycle license stickers shall be invalidated
by the Chief of Police for a period of not less than 15 days nor more
than 30 days as said officer may deem necessary. The owner of said
bicycle shall use neither this bicycle nor any other bicycle during
said suspension.[2]
(4)
Fourth
and subsequent offense in the same year: mandatory referral to Juneau
County Juvenile Court.
D.
All violations shall be determined based on the preceding twelve-month
period to establish which violation has occurred.
E.
Any parent or guardian of any child who authorizes 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.
