[HISTORY: Adopted by the Village Board of the Village of Elm Grove 3-22-1955;
as amended through 9-12-1988. Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 275.
As used in this chapter, the following terms shall have the meanings
indicated:
Every device propelled by the feet acting upon pedals and having
wheels, any two of which are not less than 14 inches in diameter.
That portion of a roadway set aside by the Village Board for the
exclusive use of bicycles or other modes of travel where permitted under § 349.23(2),
Wis. Stats., and designated by appropriate signs and markings.
A license with numbers issued by the Village of Elm Grove indicating
that the bicycle displaying it is registered.
[Amended 12-11-2000]
Any path or sidewalk or portion thereof designated for the use of
bicycles by the Village Board.
Any bicycle lane, bicycle way or highway which has been duly designated
by the Village Board and which is identified by appropriate signs and markings.
A device operated by hand or foot adequate to control the movement
and stopping of the bicycle whenever necessary.
All public ways and thoroughfares and bridges on the same. It includes
the entire width between the boundary lines of every way open to the use of
the public as a matter of right for the purpose of vehicular travel.
A person who drives or is in actual physical control of a vehicle.
A paved walkway within the Village that is not a concrete sidewalk,
including those found in public parks.
[Added 2-26-2002]
A device designed to warn an approaching driver by reflective light
from the headlamps of the approaching vehicle. It may be constructed of metal,
glass or plastic with a diameter of no less than two inches of surface area
which is visible from all distances between 50 to 500 feet when traveling
directly in front of any motor vehicle at night displaying lawfully lighted
headlamps. Such device is to be so constructed as to show a red color when
illuminated by motor vehicle headlights. Such device shall be affixed to the
rear of a bicycle at any point on the frame fender at a height between an
axis of the wheel and the bottom of the rider's seat.
Whenever a bicycle is operated upon a highway, bicycle lane or bicycle
way, the following rules apply:
A.
A person propelling a bicycle shall not ride other than
upon or astride a permanent and regular seat attached thereto.
B.
No bicycle shall be used to carry more persons at one
time than the number for which it is designed and equipped.
C.
No person operating a bicycle shall carry any package,
bundle or article which prevents the operator's placement of one hand
on the handlebars at all times.
D.
No person riding a bicycle shall attach his or her person
or bicycle to any other vehicle while on a roadway.
E.
No person may ride a motor-driven vehicle on a bicycle
way.
F.
Any person riding or operating a bicycle on any street
within the limits of the Village of Elm Grove shall observe all applicable
ordinances, statutes and traffic rules and regulations.
G.
Bicycles shall be permitted on all pedestrian pathways
and sidewalks within the Village pursuant to § 346.94(1), Wis. Stats.,
and in conformity with § 346.804, Wis. Stats. Every person operating
a bicycle upon a Village pedestrian pathway or sidewalk shall yield 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.
[Amended 2-26-2002]
H.
Every bicycle shall be operated as close to the extreme
right-hand side of the highway as possible.
I.
Every person shall operate a bicycle in single file only.
No bicycles may be operated two or more abreast.
J.
No person riding upon a bicycle shall participate in
any race or speed or endurance contest with any other vehicle.
K.
No person riding a bicycle shall remove either both hands
from the handlebars or feet from the pedals or engage in acrobatic riding
maneuvers while on any street within the Village of Elm Grove which may endanger
the safety of the rider or distract operators of other vehicles.
A.
No person may operate a bicycle upon a highway, bicycle
lane or bicycle way during the hours of darkness unless such bicycle is equipped
with, or the operator is wearing, a lamp emitting a white light visible from
a distance of at least 500 feet from the front of such bicycle. Such bicycle
shall also be equipped with a red reflector as stated in this chapter. A lamp
emitting a red light visible from a distance of 500 feet to the rear may be
used in addition to, but not in lieu of, the red reflector.
B.
No person may operate a bicycle upon a highway, bicycle
lane or bicycle way unless it is equipped with a brake in good working condition
adequate to control the movement of and to stop the bicycle whenever necessary.
C.
No bicycle may be equipped with nor may any person riding
upon a bicycle use any siren or compression whistles.
It is unlawful for anyone to ride a bicycle in the Village of Elm Grove
unless it is registered with a municipality or unless it is owned by a person
domiciled in a place not having a provision for registration of bicycles.
A.
The one-time fee for each bicycle licensed shall be as
established by the Village through adoption of a resolution and shall be paid
in advance at the time of the issuance of the license. This fee shall be paid
one time and shall not be required again, provided ownership of the bicycle
remains unchanged.
B.
Application for licenses shall be made to the Police
Department on forms provided and shall be signed by the applicant. The application
shall contain the name, date of birth and address of the owner together with
a complete description of the bicycle.
C.
The Village shall retain a record of the date of issuance
of each license, to whom it is issued and the number thereof. Registrations
shall be serially numbered and kept on file at the Village Hall.
D.
After payment of the fee, the Village shall issue a license
which shall be affixed to the bicycle in a prescribed manner set forth by
the Village and shall remain on the bicycle until ownership changes or upon
removal by the Police Department for cause.
E.
A license may not be transferred when the ownership of
the bicycle is transferred.
F.
A replacement license shall be issued by the Village
when the original is lost, destroyed, mutilated beyond recognition or stolen,
and a fee comparable to the original fee shall be paid for the same.
G.
It shall be unlawful for any person to willfully or maliciously
remove, destroy, mutilate or alter the number of any bicycle license issued
pursuant to this chapter.
No bicycle shall be registered unless it is in a safe mechanical condition.
The Police Department may inspect bicycles and deny registration for any bicycles
found to be mechanically unsafe.
[Amended 7-26-2005]
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in § 1-16 of this Code. In addition, the Municipal Court may prohibit such person from riding a bicycle for a period not to exceed six months and may order such person's license plate confiscated.[1]
[1]
Editor's Note: Former § 9.08(a), Bicycle clinics for
violators, which immediately followed this section, was deleted 12-11-2000.
No parent or guardian of any child shall authorize or knowingly permit
such child to violate any of the provisions of this chapter.
Bicycles without serial numbers stamped on the frame may be brought
to the police station to be stamped by hand.