[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:
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, powered scooters, 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 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.
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 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.
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.
