[HISTORY: Adopted by the Village Board of the Village of
Argyle 12-7-2005 as Title 10, Ch. 2, of the 2005 Village 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 14 inches in diameter.
Any path or sidewalk, or portion thereof, designated for
the use of bicycles by the responsible governing body.
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 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.
Skates with wheels arranged in a single line rather than
in pairs.
Any coaster, skateboard, roller skates, sled, toboggan, in-line
skates, roller skis, 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.
A pair of shoes with a set of wheels attached for the purpose
of moving by alternate action of the legs.
A pair of narrow strips of wood, metal or plastic curving
upward in the front with a set of wheels attached for the purpose
of moving by alternate action of the legs.
A toy consisting of a short, oblong board with a pair of
wheels at each end, ridden in a standing position.
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 and play
vehicles where appropriate. Every person driving a bicycle or play
vehicle 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.
A.
Regulations. It shall be unlawful for any person to use, operate
or ride a skateboard, roller skates, roller skis, in-line skates,
or any other type of play vehicle in any of the following areas:
(1)
On any Village streets, except while crossing a roadway at a crosswalk.
(2)
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.
(3)
On any public parking lot.
(4)
On any municipally owned property.
(5)
On private property, unless permission has been granted by the owner,
lessee or person in charge of that property.
B.
Yield to pedestrians. Operators or riders of skateboards, roller
skates, in-line 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 skates, skateboard, roller ski', sled,
toboggan or play vehicle shall attach the same or himself/herself
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/her 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/herself 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,
foot rests, 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 handlebars 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. The use of bicycle lights is required
during hours of darkness: a front white light, rear red light and
reflectors.
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.
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.
H.
Mopeds prohibited on bicycle ways. No person may ride a moped or
motor bicycle with the power unit in operation upon a bicycle way.
I.
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/exiting bicycle lanes.
(a)
Unless otherwise provided under Subsection I(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/her bicycle into the lane and then
mounting it.
(3)
Every person operating a bicycle upon a bicycle lane shall exercise
due care and given 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.
J.
The following penalties shall be applicable for violations of
this chapter.
A.
Persons 12 years old and younger.
(1)
First offense. A warning letter shall be sent to the parent or guardian
of the child requiring the parent's signature and return of the
warning letter to the Village of Argyle Police Department.
(2)
Second offense (within one year). A mandatory conference between
the Village of Argyle Police Department, the child and the child's
parents.
(3)
Third offense (within one year). Forfeiture of $25, plus costs.
B.
Persons over age 12.
(1)
First offense. A warning letter shall be sent to the person requiring
signature and return of the warning letter to the Village of Argyle
Police Department.
(2)
Second offense (within one year). A mandatory conference between
the Village of Argyle Police Department, the child and the child's
parents.
(3)
Third offense (within one year). Forfeiture of $25, plus costs.
C.
Miscellaneous provisions.
(1)
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.
(2)
All violations shall be determined based on the preceding twelve-month
period to establish which violation has occurred.
(3)
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.