[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 10, Ch. 2, of the
1995 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 20 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, roller blades,
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 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.
It shall be unlawful for any person to operate or ride a skateboard,
roller blades, roller skis or roller skates in any of the following
places:
(1)
On any City street where a sidewalk is available.
(2)
On any sidewalk in any business district.
(3)
On any public parking lot or playground;
(4)
On private property unless permission has been given by the owner,
lessee or other person in charge of the property.
(5)
On any state or county highway.
B.
ROLLER SKATE
SKATEBOARD
As used in this section, the following terms shall have the meanings
indicated:
A frame made of any material fitted to the sole of a shoe
to which is attached a runner or set of wheels for gliding over a
surface other than ice.
A board made of any material to which is attached a set of
runners or wheels for gliding over a surface other than ice upon which
a person stands in order to propel such board with either foot over
a surface while standing on the board.
B.
Street operation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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)
When operating a bicycle upon a roadway, every person 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,
foot rests, foot guards and a 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.
D.
Required equipment.
(1)
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.
(2)
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.[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. 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 lanes.
(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)
Leaving and entering 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 give 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 ways.
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 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(40),
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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 vehicle may be impounded
by law enforcement authorities for a period of not longer than 15
days as said authority may deem necessary.
(3)
Fourth and subsequent offense in the same year: mandatory referral
to Clark or Marathon 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 section may be
subject to the provisions of §§ 346.77 and 346.82(1),
Wis. Stats.
A.
Any person 14 years of age and over 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 costs
of prosecution.
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 Clark or Marathon 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 section may be
subject to the provisions of §§ 346.77 and 346.82(1),
Wis. Stats.
