[HISTORY: Adopted by the Common Council of the City of Fox
Lake as Title 10, Ch. 2, of the 1997 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Every vehicle propelled by feet or hands acting upon pedals
or cranks and having wheels any two of which are not less than 14
inches in diameter.[1]
That portion of a roadway set aside for exclusive use of
bicycles and so designated by appropriate signs and markings by the
Common Council.[2]
Any path or sidewalk, or portion thereof, designated for
the use of bicycles by the Common Council.[3]
Any bicycle lane, bicycle way or highway which has been duly
designated by the Common Council and identified by appropriate signs
and markings.[4]
Any device attached to a bicycle designed for carrying articles.
A coaster, skateboard, roller skates, sled, toboggan, unicycle
or toy vehicle upon which a person may ride. "Play vehicle" does not
include in-line skates.[5]
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.
No person shall operate a bicycle upon a highway unless equipped
as required in § 347.489, Wis. Stats. Every bicycle, when
operated upon a highway, shall be equipped with a horn or bell in
good working order, capable of emitting sound audible under normal
conditions for a distance of not less than 100 feet, and it shall
be unlawful for any bicycle to be equipped with a siren or whistle,
or to use any such bell or horn otherwise than as a reasonable warning
to other users of the highway.
The provisions of Chapters 346 and 347 of the Wisconsin Statutes
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.
A.
Restrictions. It shall be unlawful for any person to operate or ride
a skateboard or play vehicle in any of the following places:[1]
B.
In-line skates.
(1)
State laws applicable. Every person using in-line skates upon a public
roadway shall be subject to the provisions of all ordinances and state
laws applicable to the operator of any vehicle, except those provisions
with reference to equipment of vehicle and except those provisions
which by their nature would have no application.
(2)
Sidewalks or walkways. Every person using in-line skates upon a sidewalk
or walkway shall yield the right-of-way to any pedestrian and shall
exercise due care when passing any other persons proceeding in the
same direction.
(3)
In-line skaters to stay on right side of road. Every person using
in-line skates on a public roadway shall keep as close to the right-hand
curb as possible.
(4)
Clinging to moving vehicles prohibited. It shall be unlawful for
any person using in-line skates to cling to or attach to any bicycle
or other moving vehicle upon a public roadway.
(5)
Observance of traffic regulations. Every person using in-line skates
upon a public roadway shall stop for all arterial and automatic traffic
signals.
(6)
One-way streets. Every person using in-line skates upon a one-way
street shall proceed in the direction of the one-way traffic.
(7)
Operating two abreast prohibited. Every person when using in-line
skates upon a public roadway shall proceed in single file only.
(8)
Yielding to traffic. The operator of a vehicle shall yield the right-of-way
to a user of in-line skates in the same manner as for bicyclists and
pedestrians under §§ 346.23, 346.24, 346.37 and 346.38,
Wis. Stats. Every person when using in-line skates shall, upon entering
a public roadway, yield the right-of-way to motor vehicles, except
that a person using in-line skates shall be subject to the same regulations
as bicyclists and pedestrians under §§ 346.23, 346.24,
346.37 and 346.38, Wis. Stats.
D.
Adoption of state laws. Specifically adopted by reference are the
following sections of the Wisconsin Statutes regulating in-line skates
and play vehicles:[2]
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 hand holds,
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 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.[2]
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. Except upon a footbridge, no person shall
ride any bicycle upon any sidewalk area. This prohibition shall not
apply to bicycles with wheels sized 20 inches or under, except that
this exception shall not apply to bicycles designed or modified to
BMX specifications.
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 K(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.
A.
Registration required.
(1)
When required.
(a)
No person shall ride or propel a bicycle within the City on
any street, alley or highway, or upon any public path set aside for
the exclusive use of bicycles, unless such bicycle has been registered
and a registration tag is attached thereto as provided herein.
(b)
Registration shall be required of all residents of the City
and nonresidents who operate bicycles upon the streets of the City
habitually or frequently. It shall not be required of casual travelers
or tourists passing through the City on their bicycles.
(2)
Time limit. All bicycles shall be registered within 10 days of purchase.
B.
Application for bicycle registration.
(1)
Form. Application in duplicate for a bicycle registration tag shall
be made upon a form provided by the City and shall be made to the
Chief of Police. Such application shall contain the applicant's name,
date of birth and address, together with the bicycle registration
number.
(3)
Term. The registration shall commence on July 1 of odd-numbered years
and shall expire on June 30 of the next succeeding odd-numbered year.
Every owner and operator of a bicycle shall file his registration
not later than July 10 of the registration year or within 10 days
of acquiring such bicycle.[2]
C.
Inspection of bicycle.
(1)
The Police Department shall inspect each bicycle before registering
the same and shall refuse registration for any bicycle which it determines
to be in unsafe mechanical condition.
(2)
The Police Department shall inspect every bicycle for a serial number,
and if no serial number is found, one shall be assigned to and stamped
on the frame of such bicycle.
D.
Issuance of registration.
(1)
The Police Department, upon receiving proper application therefor,
shall issue a bicycle registration which shall be valid for the period
herein provided.
(2)
The Police Department shall not issue a registration for any bicycle
when it knows or has reasonable grounds to believe that the applicant
is not the owner of, or entitled to possession of, such bicycle.
(3)
The Police Department shall keep a record of the number of each registration,
the date issued, the name and address of the person to whom issued
and the number on the frame of the bicycle for which issued and a
record of all bicycle registration fees collected by the Department.
Registration forms and registration tags shall be serially numbered
to coincide with each other.
E.
Attachment of registration tag.
(1)
The Police Department, upon issuing a bicycle registration, shall
also issue a registration tag bearing the registration number assigned
to the bicycle and the name of the City.
(2)
The registration tag shall be affixed to the rear of the bicycle
in a conspicuous place.
(3)
No person shall remove the registration tag from a bicycle.
F.
Transfer of ownership. Within seven days after any registered bicycle
has changed ownership, the person in whose name the bicycle has been
registered shall report such information to the Police Department
so that the registration can be changed to show the name of the new
owner.
G.
Lost registration tag. If an owner loses his registration tag or
if it is destroyed or stolen, he shall report the same immediately
to the Police Department, which shall issue to such owner a new registration
tag at a cost set by the Common Council.[3]
H.
Alteration of registration tags. No person shall alter, destroy or
counterfeit any registration tag issued in conformity with this section.
J.
Unclaimed or unidentified bicycles. All abandoned bicycles and unidentified
bicycles remaining in the Police Department shall, at the end of one
year, be sold at auction.
K.
Use of another person's bicycle. No person shall intentionally take
or ride a bicycle without the consent of the owner.
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.
B.
Any person under 16 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.
(2)
Second offense in the same year. Vehicle registration tags shall
be invalidated by the Chief of Police for a period of not longer than
15 days as said officer may deem necessary. The owner of said vehicle
shall use neither this vehicle nor any other vehicle during said suspension.
(3)
Third offense in the same year. Vehicle registration tags shall be
invalidated by the Chief of Police for a period of not less than 15
days nor more than 30 days as said officer may deem necessary. The
owner of said vehicle shall use neither this vehicle nor any other
vehicle during said suspension.
(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 chapter may be
subject to the provisions of §§ 346.77 and 346.82(1),
Wis. Stats.
