Village of Winneconne, WI
Winnebago County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Winneconne as Title 10, Ch. 2, of the 2012 compilation of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]
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 14 inches in diameter.
BICYCLE WAY
Any path or sidewalk, or portion thereof, designated for the use of bicycles by the responsible governing body.
BICYCLES 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.
CARRIER
Any device attached to a bicycle designed for carrying articles.
IN-LINE SKATES
Skates with wheels arranged in a single line rather than in pairs.
PLAY VEHICLES
Any coaster, skateboard, roller skates, sled, toboggan, in-line skates, roller skis, unicycle, powered scooters, 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.
ROLLER SKATES
A pair of shoes with a set of wheels attached for the purpose of moving by alternate action of the legs.
ROLLER SKIS
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.
SKATE BOARD
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 sidewalk and street in the Commercial District; for purposes of this subsection, "Commercial District" shall mean Main Street between 2nd Avenue and 3rd Street in the Village of Winneconne excluding the bridge;
(2) 
On any public parking lot;
(3) 
On any municipally owned property, except Marble, Waterfront and Lake Winneconne Parks;
(4) 
On private property, unless permission has been granted by the owner, lessee, or person in charge of that property; or
(5) 
On Main Street.
B. 
Yield to pedestrians. Operators or riders of skateboards, roller skates, in-line skates, roller blades, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
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/herself to any vehicle upon a roadway.
Battery-operated bicycles/scooters, motorized bicycles or motorized scooters shall not be ridden on public roads, streets or sidewalks in the Village of Winneconne. The basis for this requirement is that motorized scooters have been determined by the Bureau of Transportation Safety, Wisconsin Department of Transportation, to be play vehicles which cannot be registered because they do not bear federally required manufacturer's certification of compliance and therefore cannot be operated lawfully on any public road in the State of Wisconsin. The Village of Winneconne does ordain that motorized bicycles, battery-operated bicycles/scooters, or motor scooters shall not be operated on any sidewalks, alleys, streets, highways, or thoroughfares within the Village of Winneconne or on any property owned or leased by the Village of Winneconne.
A. 
Parental responsibility. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of §§ 231-3, 231-4 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/her 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 Sec. 10-2-6(b)(3) of the 2012 compilation of ordinances, prohibiting bicyclists from clinging or attaching to another vehicle, 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, 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.
(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 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 or leaving bicycle lane.
(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 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.
J. 
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.
(1) 
No person having a bicycle customarily kept within the Village of Winneconne shall operate such bicycle without first having registered the bicycle by filing with the Police Department, upon a form provided for such purposes, a complete description of the bicycle, including brand name and identification number. Such registration shall be serially numbered and keep on file by the Village Police Department as a public record.
(2) 
After the filing of the form required in Subsection A(1) and payment of the license fee in Subsection B, the Police Department or person designated by the Village Board shall register the bicycle, provided the bicycle is found, upon inspection, to be in safe operating condition and complies with all other applicable provisions of this Code of Ordinances.
B. 
Fee and term. Bicycle registration shall be at a fee as determined by Village Board. No subsequent registration shall be required unless ownership of the bicycle is transferred.
C. 
Bicycles to be kept in safe condition. No bicycle shall be registered which is in an unsafe mechanical condition. Law enforcement officers shall have authority to suspend the registration of and remove the identification tag from any bicycle or to impound any bicycle operated contrary to any state law or Village ordinance or operated which is in an unsafe mechanical condition. Such suspension and removal or impounding shall continue for a period not to exceed 10 days, but the registration shall not be reinstated or such identification tag replaced while such bicycle is in an unsafe condition. Such suspension and removal shall be in addition to other penalties provided for herein.
D. 
Transfer or cancellation. In the event any bicycle registered hereunder is sold or the ownership thereof is otherwise transferred to another resident of the Village, the new owner shall reregister the bicycle as provided herein within 10 days of the date of such transfer. Upon reregistration, a new license sticker shall be issued and the previous registration shall be cancelled. If any bicycle registered hereunder is destroyed, dismantled or otherwise taken out of operation or use, the registered owner of the bicycle shall notify the Village Police Department. Upon notification, the registration shall be cancelled and the license sticker shall be destroyed.
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 Winneconne Police Department.
(2) 
Second offense (within one year). A mandatory conference between the Village of Winneconne Police Department, the child, and the child's parents.
(3) 
Third offense (within one year). Forfeiture determined by state law.
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 Winneconne Police Department.
(2) 
Second offense (within one year). A mandatory conference between the Village of Winneconne Police Department, the child, and the child's parents.
(3) 
Third offense (within one year). Forfeiture determined by state law.
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.