[HISTORY: Adopted by the Village Board of the Village of
Clyman as Title 10, Ch. 2, of the 1998 Village Code of Ordinances.
Amendments noted where applicable.]
As used in this chapter:
Every device propelled by the feet acting upon pedals and
having wheels, any two of which are not less than 20 inches in diameter.
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 path or sidewalk, or portion thereof, designated for
the use of bicycles by the responsible governing body.
Any device attached to a bicycle designed for carrying articles.
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.
Any coaster, skateboard, roller skates, sled, toboggan, unicycle
or toy vehicle upon which a person may ride.
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 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 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.
Specifically adopted by reference are the following statutes
regulating in-line skates and play vehicles:
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349.235
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Authority to Restrict Use of In-line Skates on Roadway
| |
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346.94(17)
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In-line Skates on Roadway
| |
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340.01(24m)
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Definition of "In-line Skates"
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340.01(43m)(b)
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Play Vehicles Does Not Include In-line Skates
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[1]
Editor's Note: This section was originally adopted as § 10-1-1(b)(2)
of the 1998 Code of Ordinances and was moved here during codification.
A.
Regulations. It shall be unlawful for any person in the Village of
Clyman to operate or ride a skateboard, roller skates, or roller skis
("play vehicles") in any of the following places:
B.
Where allowed. Skateboarding on sidewalks is permitted, except as
prohibited in this section and otherwise regulated. The operators
of skateboards must yield to all pedestrians.
C.
Yield to pedestrians. Operators or riders of skateboards, roller
skates, 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.
D.
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 to any vehicle upon
a roadway.
E.
Penalties. The following penalties shall be applicable for violations
of this section:
(1)
Any person 16 years of age or older who shall violate any provisions
of this section may be issued a Uniform Traffic Citation and be subject
to the penalties provided by the Uniform State Traffic Deposit schedule.[1]
(2)
Any parent or guardian of any child who authorizes or knowingly permits
such child to violate any of the provisions of this section may be
subject to the provisions of §§ 346.77 and 346.82(1),
Wis. Stats.
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.
(3)
It shall be unlawful for any person riding upon a bicycle to cling
to or attach himself 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 back pack 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 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. 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.[1]
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 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.
Operation on sidewalks.
(1)
No person over the age of 10 shall ride or propel any bicycle upon
any public sidewalk or thoroughfare of the Village set apart for pedestrians,
except bicycles having wheels sized 20 inches or under. This exception
shall not apply to 20 inch or under bicycles designed or modified
to BMX specifications.
(2)
No person shall ride or propel any bicycle upon any public street,
alley, boulevard or sidewalk of the Village in such manner as to interfere
with the rights of other persons using such street, alley, boulevard,
or sidewalk.
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 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 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 and leaving bicycle lanes.
(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 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.
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.[1]
B.
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.
(3)
Third offense in the same year: the owner of said vehicle shall neither
use this vehicle nor any other vehicle for a period of not less than
15 days nor more than 30 days as said officer may deem necessary.[3]
(4)
Fourth and subsequent offense in the same year: mandatory referral
to Dodge County Juvenile Court.
C.
All violations shall be determined based on the preceding twelve-month
period to establish which violation has occurred.
D.
Any parent or guardian of any child who authorizes or knowingly permits
such child to violate any of the provisions of this section may be
issued a citation subject to the penalties and provisions of §§ 346.77
and 346.82(1), Wis. Stats.[4]
E.
In addition to the above penalties, law enforcement authorities may
temporarily impound the bicycle of any operator violating any provision
of this chapter.
B.
Any person under 14 years of age who shall violate any provisions
of this chapter may receive an officer's report 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 or third offense in the same year: the play vehicle may be
impounded by law enforcement authorities.
(3)
Fourth and subsequent offense in the same year: mandatory referral
to Dodge County Juvenile Court.
(4)
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.
