[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 10, Ch. 2, of the
2004 Code. Amendments noted where applicable.]
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.
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.
Any coaster, skateboard, roller skates, sled, toboggan, unicycle
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.
No person shall operate a bicycle upon a highway during hours
of darkness unless equipped as required in § 347.489, Wis.
Stats.
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.
A.
Regulations. It shall be unlawful for any person in the City of Amery
to operate or ride a skateboard, roller skates, in-line skates, scooters
(motorized and nonmotorized), or roller skis ("play vehicles") in
any of the following places:
B.
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 City sidewalks, and shall not otherwise
endanger or interfere with normal pedestrian traffic on those sidewalks.
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.
D.
Play vehicle penalties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Any
person 14 years of age and over who shall violate any provisions of
this section may be issued a citation and be subject to the penalties
provided by the deposit schedule and, upon conviction thereof, may
be required to forfeit not more than $25, together with the costs
of prosecution.
(2)
Any
person under 14 years of age who shall violate any provisions of this
section may receive an officer's report warning notice along with
the following additional actions:
(a)
First offense in one year: a warning letter sent to the parent
or guardian.
(b)
Second or third offense in the same year: the play vehicle may
be impounded by law enforcement authorities following a hearing.
(c)
Fourth and subsequent offense in the same year: mandatory referral
to Polk County Juvenile Court Intake Worker.
(3)
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/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 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 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.
E.
Bicycles not to pull other vehicles. The operator of any bicycle
shall not tow or draw any coaster, wagon, sled, person on roller skates,
toy vehicles or any other similar vehicle on any highway.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 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)
No person shall ride or propel any bicycle upon any public street,
alley, boulevard or sidewalk of the City 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 City 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 and 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/her 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Registration required. No person shall operate a bicycle upon any
street or public highway within the City of Amery unless said bicycle
shall first have been properly registered and tagged as hereinafter
provided.
B.
Form of registration. Every owner or operator of a bicycle within
the City shall, prior to operation, file with the Police Department
a complete description of such bicycle upon a blank form to be provided
for the purpose, which such filing of description shall constitute
a registration of such bicycle for the purpose of this section. Such
registration shall be serially numbered and kept on file by the Police
Department in the Police Department's office as a public record.
C.
Identification tag. Immediately upon the registration of the bicycle,
the owner shall affix to such bicycle a license tag, serially numbered
to correspond with the registration of each bicycle. Each tag shall
thereafter remain affixed to such bicycle unless removed by the Police
Department for cause or for replacement with another tag upon re-registration.
A fee as prescribed in the Schedule of Fees shall be paid to the Police
Department upon initial registration and issuance of the license tag.
The license tag will be a permanent nonexpiring tag to be affixed
to the bicycle frame (either below the handle bars and above the fork
or below the seat). Upon sale of a registered bicycle, the purchaser
shall transfer the license tag upon re-registration and payment of
a fee as prescribed in the Schedule of Fees to the Police Department.
All newly acquired bicycles shall be registered within 30 days of
the date of purchase or acquisition or shall be subject to a penalty
of $1 in addition to the normal registration fee.
D.
Bicycle safety.
(1)
The Police Department may from time to time conduct bicycle safety
seminars. The purpose of these seminars is to teach and encourage
safe bicycle operation, rules of the road and the importance of bicycle
registration and tagging.
(2)
As an incentive for maximum participation in these bicycle safety
seminars, the Police Department may register and affix license tags
to those participants and their bicycles at a reduced rate upon approval
of the Police Department. These registrations, license tags, and fees
shall be recorded with the Police Department's office the following
workday after the bicycle safety seminar.
E.
Inspection. The Police Department shall have authority to inspect
each bicycle presented for the registration and it shall have the
authority to refuse to register any such bicycle found by it to be
in unsafe mechanical condition or not equipped as herein required.
F.
Cancellation of registration. The Chief of Police may cancel the
registration of and remove the identification tag from any bicycle
being operated upon any streets in the City in an unsafe manner or
in violation of any state law or local ordinance, and such cancellation
of registration and removal of tag shall be in addition to other penalties
provided hereunder.
G.
Change of ownership. Within 10 days after any bicycle registered
hereunder shall have changed ownership or been dismantled and taken
out of operation, such information shall be reported to the Police
Department by the person in whose name the bicycle has been registered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Except as otherwise provided in § 180-4D, Play vehicle penalties:
A.
Any person 14 years of age or older who shall violate any provision
of this chapter may be issued a uniform municipal 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 provisions of this chapter may be issued a citation and be subject
to the penalties provided by the deposit schedule and, upon conviction
thereof, may be required to forfeit not more than $25, 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.
C.
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.
(2)
Second offense in the same year: vehicle license stickers 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 license stickers 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 Polk County Juvenile Court Intake Worker.
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 chapter may be
subject to the provisions of §§ 346.77 and 346.82(1),
Wis. Stats.
