City of Marion, WI Article II Bicycles

§ 267-2 Lighting and other equipment.

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

§ 267-3 Rules of the road.

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.

§ 267-4 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 §§ 267-3, 267-8 or this section.

B. Street operation.[1]

(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) 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 handholds, 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 indicting that bicycle riding is prohibited.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.[2]

[2] Editor's Note: Original Sec. 10-2-5(d), Required equipment, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 267-2, Lighting and other equipment, of this chapter.

D. Display of license. Valid registration stickers must be displayed on the bicycle so that they are clearly visible.[3]

[3] Editor's Note: Amended 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 vehicle 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 12 shall ride or propel any bicycle upon any public sidewalk or thoroughfare of the City set apart for pedestrians, except bicycles having wheels sized 20 inches or under. This exception shall not apply to twenty-inch or under bicycles designed or modified to BMX specifications.

(2) Children under the age of 12 may ride and operate a bicycle on the sidewalks of the City, provided that any pedestrian shall have the right-of-way on any sidewalk, with the exception that no bicycles shall be ridden on sidewalks on the following streets:

(a) Between South Main Street and southeast First Street on East Ramsdell Street.

(b) Between South Main Street and southwest First Street on West Ramsdell Street.

(c) Between North Main Street and southeast First Street on Garfield Avenue.

(d) Between North Main Street and the west 100 feet on West Garfield Avenue.

(e) Between North Main Street and the east 100 feet on Perry Avenue.

(f) Between Ramsdell Street and Perry Avenue on North Main Street.

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 the 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 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 of the roadway nearest the bicycle lane is traveling.

(2) Entering or leaving bicycle lane.

(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 lane 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.

§ 267-5 Registration of bicycles.

A. No person shall ride or use a bicycle upon any public street, highway, alley or sidewalk in the City of Marion unless the same shall have been registered and tagged as herein provided.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Registration shall be made by filing with the Chief of Police the name, address and age of the owner, together with a complete description of the bicycle which shall include the manufacturer, style and color, on forms provided by the City and upon payment of a registration fee of set by the Common Council, which registration shall run with ownership. Registration shall be serially numbered and kept on file as a public record of the City. Upon such registration the City shall issue a registration slip and cause an identification tag or sticker to be affixed to the bicycle registered, serially numbered to correspond with the registration number. Such tag or sticker shall be affixed and kept affixed by the owner to the rear of the seat of the bicycle for which such tag or sticker is issued. Such tag shall remain affixed to the bicycle unless removed by a police officer for cause or for retagging upon reregistration. In event of theft or loss, a duplicate shall be issued for a fee set by the Common Council. The Police Department may inspect bicycles for safety as a condition of registration.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Any police officer may suspend the registration and remove the identification tag from any bicycle operated while in an unsafe condition or operated contrary to any state law or City ordinance. Such suspension and removal period shall not exceed 10 days, provided that such registration shall not be reinstated or such identification tag be returned and replaced while such bicycle is in an unsafe mechanical condition, if such condition was the cause of removal. Such suspension and removal shall be in addition to other penalties hereinafter provided.

D. Within 10 days after any bicycle registered hereunder shall change ownership or be dismantled and taken out of operation, the person in whose name the bicycle has been registered shall report such information to the Chief of Police. In case of change of ownership, the new owner must register the bicycle forthwith as provided in Subsection B.

§ 267-6 Violations and penalties.

A. Any person 16 years of age or older who shall violate any provision of this article 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 provision of this article may be issued a citation and be subject to the penalties provided by the deposit schedule and, upon conviction thereof, may be subject to a penalty as provided in § 1-4 of this Code, 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Any person under 14 years of age who shall violate any provision of this article may be issued a special bicycle violation warning notice along with the following additional actions:

(1) First three offenses in one year: a warning letter sent to the parent or guardian.

(2) Fourth and subsequent offense in the same year: mandatory referral to Waupaca County Juvenile Court.

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 article may be subject to the provisions of §§ 346.77 and 346.82(1), Wis. Stats.