Village of Clyman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Clyman as Title 10, Ch. 2, of the 1998 Village Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Snowmobiles — See Ch. 357.
All-terrain and off-road vehicles — See Ch. 400.
Vehicles and traffic — See Ch. 405.

§ 137-1 Definitions.

As used in this chapter:
BICYCLE
Every device propelled by the feet acting upon pedals and having wheels, any two of which are not less than 20 inches in diameter.
BICYCLE LANE
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.
BIKE ROUTE
Any bicycle lane, bicycle way or highway which has been duly designated by the responsible governing body and identified by appropriate signs and markings.
BICYCLE WAY
Any path or sidewalk, or portion thereof, designated for the use of bicycles by the responsible governing body.
CARRIER
Any device attached to a bicycle designed for carrying articles.
RIGHT-OF-WAY
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.
PLAY VEHICLES
Any coaster, skateboard, roller skates, sled, toboggan, unicycle or toy vehicle upon which a person may ride.

§ 137-2 Lighting and other equipment.

No person shall operate a bicycle upon a highway unless equipped as required in § 347.489, Wis. Stats.

§ 137-3 Rules of the road.

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.

§ 137-4 In-line skates. [1]

Specifically adopted by reference are the following statutes regulating in-line skates and play vehicles:
349.235
Authority to Restrict Use of In-line Skates on Roadway
346.94(17)
In-line Skates on Roadway
340.01(24m)
Definition of "In-line Skates"
340.01(43m)(b)
Play Vehicles Does Not Include In-line Skates
[1]
Editor's Note: This section was originally adopted as § 10-1-1(b)(2) of the 1998 Code of Ordinances and was moved here during codification.

§ 137-5 Regulation of skateboards, roller skates and roller skis.

A. 
Regulations. It shall be unlawful for any person in the Village of Clyman to operate or ride a skateboard, roller skates, or roller skis ("play vehicles") in any of the following places:
(1) 
On the sidewalk in front of a business.
(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. 
Where allowed. Skateboarding on sidewalks is permitted, except as prohibited in this section and otherwise regulated. The operators of skateboards must yield to all pedestrians.
C. 
Yield to pedestrians. Operators or riders of skateboards, 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.
D. 
Play vehicles not to be pulled by moving vehicles. No person riding upon any coaster, roller skates, skateboard, roller skis, sled, toboggan or play vehicle shall attach the same or himself to any vehicle upon a roadway.
E. 
Penalties. The following penalties shall be applicable for violations of this section:
(1) 
Any person 16 years of age or older who shall violate any provisions of this section may be issued a Uniform Traffic Citation and be subject to the penalties provided by the Uniform State Traffic Deposit schedule.[1]
[1]
Editor's Note: Original § 10-2-4(e)(2) of the 1998 Code of Ordinances, regarding penalties for persons 14 through 15 years of age, which previously followed this subsection , was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
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.

§ 137-6 General bicycle regulations.

A. 
Parental responsibility. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of §§ 137-3, § 137-5 and this section.
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, foot rests, foot guards and safety belt. The use of a back pack 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.[1]
[1]
Editor's Note: Original § 10-2-5(e) of the 1998 Code of Ordinances, Display of license, which previously followed this subsection, is repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. 
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 Village set apart for pedestrians, except bicycles having wheels sized 20 inches or under. This exception shall not apply to 20 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 Village 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 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 and leaving bicycle lanes.
(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 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.
K. 
Riding bicycle on bicycle way.
(1) 
Every person operating a bicycle upon a bicycle way shall:
(a) 
Exercise due care and give an audible signal when passing a bicycle rider or a pedestrian proceeding in the same direction.
(b) 
Obey each traffic signal or sign facing a roadway which runs parallel and adjacent to a bicycle way.
(2) 
Every person operating a bicycle upon a bicycle way open to two-way traffic shall ride on the right side of the bicycle way.
(3) 
Every operator of a bicycle entering a bicycle way shall yield the right-of-way to all bicycles and pedestrians in the bicycle way.[2]
[2]
Editor's Note: Original § 10-2-6 of the 1998 Code of Ordinances, Registration, which previously followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 137-7 Bicycle violations and penalties.

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.[1]
[1]
Editor's Note: Original § 10-2-7(b) of the 1998 Code of Ordinances, regarding penalties for persons 14 through 15 years of age, which previously followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
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: the owner of said vehicle shall neither use this vehicle nor any other vehicle for a period of not more than 15 days as said officer may deem necessary.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Third offense in the same year: the owner of said vehicle shall neither use this vehicle nor any other vehicle for a period of not less than 15 days nor more than 30 days as said officer may deem necessary.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Fourth and subsequent offense in the same year: mandatory referral to Dodge County Juvenile Court.
C. 
All violations shall be determined based on the preceding twelve-month period to establish which violation has occurred.
D. 
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 issued a citation subject to the penalties and provisions of §§ 346.77 and 346.82(1), Wis. Stats.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
In addition to the above penalties, law enforcement authorities may temporarily impound the bicycle of any operator violating any provision of this chapter.

§ 137-8 Play vehicle violations and penalties.

A. 
Any person 14 years of age and over who shall violate any provisions of this chapter may be issued a citation subject to the penalties and provisions of §§ 346.77 and 346.82(1), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any person under 14 years of age who shall violate any provisions of this chapter may receive an officer's report 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 or third offense in the same year: the play vehicle may be impounded by law enforcement authorities.
(3) 
Fourth and subsequent offense in the same year: mandatory referral to Dodge County Juvenile Court.
(4) 
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.