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City of Brodhead, WI
Green County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Brodhead as Title 10, Ch. 2, of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Snowmobiles — See Ch. 381.
Vehicles and traffic — See Ch. 432.
The following definitions shall be applicable 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.
BICYCLE WAY
Any path or sidewalk, or portion thereof, designated for the use of bicycles 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.
BUSINESS DISTRICT
Both sides, to include sidewalks, of the following streets, together with all property bounded thereby: 1st Center Avenue commencing at the intersection of 10th Street, thence south to the intersection of 12th Street; on East and West Exchange Street commencing at the intersection of East 2nd Avenue to the intersection of West 2nd Avenue; on West 2nd Avenue from the intersection of Exchange Street, thence south to the south line of the railroad tracks.
CARRIER
Any device attached to a bicycle designed for carrying articles.
IN-LINE SKATES
Skates with wheels arranged singly in a tandem line rather than in pairs.
PLAY VEHICLES
Any coaster, skateboard, roller skates, sled, roller blades, toboggan, unicycle or toy vehicle upon which a person may ride.
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.
No person shall operate a bicycle upon a highway unless equipped as required in § 347.81, Wis. Stats.
A. 
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 the vehicle, except as to those provisions of laws and ordinances which by their nature can have no application.
B. 
Specifically adopted by reference are the following statutes regulating in-line skates and play vehicles:[1]
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: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Restrictions. It shall be unlawful for any person to operate or ride a skateboard, in-line skates, or play vehicles as defined in § 340.01, Wis. Stats., in any of the following places:
(1) 
Any alley, public sidewalk, park or public parking lot located in the business district.
(2) 
Any public tennis or basketball court.
(3) 
Any street or highway where the posted speed limit is in excess of 30 miles per hour.
B. 
In-line skates.
(1) 
State laws applicable. Every person using in-line skates upon a public roadway shall be subject to the provision of all ordinances and state laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application.
(2) 
Sidewalks or walkways. Every person using skateboards or in-line skates upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care when passing any other persons proceeding in the same direction. In-line skates are not permitted on sidewalks in the business district.
(3) 
In-line skaters to stay on right side of road. Every person using in-line skates on a public roadway shall keep as close to the right-hand curb as possible.
(4) 
Clinging to moving vehicles prohibited. It shall be unlawful for any person using in-line skates to cling to or attach to any bicycle or other moving vehicle upon a public roadway.
(5) 
Observance of traffic regulations. Every person using in-line skates upon a public roadway shall stop for all arterial and automatic traffic signals.
(6) 
One-way streets. Every person using in-line skates upon a one-way street shall proceed in the direction of the one-way traffic.
(7) 
Operating two abreast prohibited. Every person when using in-line skates upon a public roadway shall proceed in single file only.
(8) 
Yielding to traffic. The operator of a vehicle shall yield the right-of-way to a user of in-line skates in the same manner as for bicyclists and pedestrians under §§ 346.23, 346.24, 346.37 and 346.38, Wis. Stats. Every person when using in-line skates shall, upon entering a public roadway, yield the right-of-way to motor vehicles, except that a person using in-line skates shall be subject to the same regulations as bicyclists and pedestrians under §§ 346.23, 346.24, 346.37 and 346.38, Wis. Stats.
C. 
Penalty; enforcement. The penalty for violation of any provision of this section shall be as provided in § 432-36 of the Code of the City of Brodhead. The enforcement procedure shall be as provided for in § 432-37 of said Code.
A. 
Parental responsibility. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of §§ 191-3 and 191-4 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.[1]
[1]
Editor's Note: Original § 10-2-5(b)(3) of the 1997 Code, pertaining to attaching bicycles to other moving vehicles, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 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.
(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.
(1) 
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.
(2) 
Every bicycle, when operated upon a highway, shall be equipped with a horn or bell in good working order, capable of emitting sound audible under normal conditions for a distance of not less than 100 feet, and it shall be unlawful for any bicycle to be equipped with a siren or whistle, or to use any such bell or horn otherwise than as a reasonable warning to other users of the highway.
E. 
Display of registration. Valid registration stickers must be displayed on the bicycle so that it is clearly visible.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
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.
G. 
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.
H. 
Operation on sidewalks. Except upon a footbridge, no person shall ride any bicycle upon any sidewalk area in the business district. Bicycles may be operated upon sidewalks in areas other than the business district, provided that every such person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle rider or pedestrian proceeding in the same direction.
I. 
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.
J. 
Mopeds prohibited on bicycle ways. No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way.
K. 
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 on the roadway nearest the bicycle lane is traveling.
(2) 
Entering or leaving bicycle lane.
(a) 
Unless otherwise provided under Subsection K(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 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.
L. 
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.
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.
(2) 
Fee. The registration fee shall be $1 biannually and shall be paid at the time of issuance of any registration tag.
(3) 
Term. The registration shall commence on July 1 of even-numbered years and shall expire on June 30 of the next succeeding even-numbered year. Every owner and operator of a bicycle shall file his registration not later than July 10 of the license year or within 10 days of acquiring such bicycle.
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]
(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 and a record of all bicycle registration fees collected by the Department. Registration forms and registration tags shall be serially numbered to coincide with each other.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 plate. If an owner loses his 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 a cost of $1 to such owner.
H. 
Alteration of registration plates. No person shall alter, destroy or counterfeit any registration tag issued in conformity with this section.
I. 
Discontinuance of operation. Any bicycle taken permanently out of operation shall be reported to the Police Department within seven days thereafter and the registration surrendered accordingly.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
Unclaimed or unidentified bicycles. All abandoned bicycles and unidentified bicycles remaining in the Police Department shall, at the end of one year, be sold at auction.
K. 
Use of another person's bicycle. No person shall intentionally take or ride a bicycle without the consent of the owner.
L. 
Suspension of registration. The Chief of Police may suspend the registration of any bicycle for a violation of this section for not to exceed 10 days, such suspension to be in addition to other penalties provided herein.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 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 $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: Vehicle registration 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 vehicle shall neither use this vehicle nor any other vehicle during said suspension.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Third offense in the same year: Vehicle registration 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 vehicle shall neither use this vehicle nor any other vehicle during said suspension.[2]
[2]
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: discretionary referral to the Green or Rock County Juvenile Court.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.