[HISTORY: Adopted by the Common Council of the City of Franklin 3-17-2026 by Ord. No. 2026-2725.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch. 5, Bicycles, adopted 8-5-1997 by Ord. No. 97-1461 as Sec. 13.07 of the 1997 Code. This ordinance also changed the chapter title from "Bicycles" to "Bicycles, Electric Bicycles and Electric Scooters."
Definitions. As used in this article, the following terms shall have the meanings indicated:
BICYCLE
Every vehicle propelled by the feet or hands acting upon pedals and having wheels any two of which are not less than 14 inches in diameter.
BICYCLE LANE
The portion of a roadway set aside by the City of Franklin for the exclusive use of bicycles and so designated by appropriate signs and markings.
BICYCLE ROUTE
Any bicycle lane, bicycle way or highway which has been duly designated by the City of Franklin and which has been identified by appropriate signs and markings.
BICYCLE WAY
Any path or sidewalk or portion thereof designated for the use of bicycles by the City of Franklin.
CARRIER
Any device attached to the bicycle designed for carrying articles and not persons.
CURB
The lateral boundaries of that portion of a street designed for the use of vehicles, whether marked by a curb or not.
DRIVER/OPERATOR
Every person who drives or is in actual physical control of a vehicle.
ELECTRIC BICYCLE (E-BIKE)
A bicycle equipped with fully operative pedals for propulsion by human power and an electric motor of 750 watts or less that meets one of the following classifications:
A. 
Class 1 electric bicycle: Equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
B. 
Class 2 electric bicycle: Equipped with a motor that may be powered solely by the motor (throttle-actuated) and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
C. 
Class 3 electric bicycle: Equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.
Electric Bicycles under these definitions will be considered a bicycle for registration purposes.
ELECTRIC SCOOTER
A device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. Electric scooter does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped.
MOTOR VEHICLE
Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
OWNER
A person other than a lienholder having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security.
PEDESTRIAN
Any person afoot.
REFLECTOR
Any device constructed of metal, plastic, or glass which will be visible from all distances within 50 feet to 500 feet directly in front of a motor vehicle at night displaying lawfully lighted headlights, such device to be so constructed as to show a red color when struck by motor vehicle lights as above stated, such device to be affixed to the rear of the bicycle at any point on the frame or mudguard at a height between the axis of the wheel and the bottom of the rider's seat.
REGISTRATION TAG
A metal plate or sticker indicating that a bicycle is registered.
RIGHT-OF-WAY
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.
SIDEWALK
That portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines, intended for use by pedestrians.
STREET/HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
No person shall ride a bicycle upon any of the streets, alleys or highways of the City unless the bicycle is registered and the registration affixed to it as herein provided.
Registration shall be made by paying to the Police Department a registration fee as hereinafter provided, and by filing with the Police Department a completed registration form, such form setting forth the name and address of the owner, together with the name and address of his or her parent or guardian, if a minor, with a complete description of the bicycle, including the manufacturer's serial number. Registrations shall be serially numbered and issued in sequence. The registration shall be kept on file by the Police Department as a public document.
Upon completing the aforementioned registration requirements, an identification tag, serially numbered to correspond with the registration number, shall be issued by the Police Department and affixed to such bicycle at a location designated by the representative of the Department.
The registration shall be valid for a period of five years, commencing in 1985, for a fee as stated in Chapter 169, Licenses and Permits. Such fee shall be reduced by $0.50 for each year following the start of the license period. The registration is not transferable to a new owner, except to members of the immediate family upon notification to the Police Department.
Parents of children under the age of 18 shall be responsible for registration of bicycles operated by their children within the corporate limits of the City.
Any operator of a bicycle who fails to register or reregister a bicycle, or the parents of a minor child who operates and fails to register a bicycle, shall pay a fee as specified in Chapter 169, Licenses and Permits, if an officer issues a five-day warning ticket.
This chapter shall not apply to bicycles having a wheel diameter of less than 14 inches.
Lost registration tag. If an owner shall lose his registration tag or it should be destroyed or stolen, he shall report the same immediately to the Police Department, which shall then issue to such owner a new registration tag for a fee established from time to time by separate resolution of the Common Council.
Any nonresident may operate a bicycle which is duly registered in any municipality and equipped with registration plates without obtaining a local registration, provided that the municipality wherein the bicycle is registered extends the same privilege. A nonresident may register his bicycle in the City upon following the procedures set forth in this article.
Every person driving a bicycle upon a roadway or the shoulder of the roadway shall be granted all the rights and shall be subject to all of 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 traffic ordinances of the City applicable to the driver of a vehicle, except as to the provisions of laws and ordinances which by their nature can have no application.
A. 
Bicyclists exercising due care and not jeopardizing the safety of pedestrians may drive and operate their bicycles upon the sidewalk, except sidewalks in any business district.
B. 
No person driving a bicycle on the sidewalk shall attempt to pass another person or persons going in the same direction on such walk without giving a warning and until it becomes evident that the person so warned is aware of the approach of the person driving the bicycle. Pedestrians shall at all times have the right-of-way upon the sidewalks, and, if necessary, the person driving such bicycle shall dismount and vacate the sidewalk to prevent a collision. Any such person driving a bicycle upon the sidewalk must have the bicycle under control at all times.
A. 
Every person operating a bicycle upon a roadway shall ride as near to the right-hand curb or edge of the roadway as practical, exercising due care when passing a standing vehicle or one proceeding in the same direction.
B. 
Persons driving bicycles upon a roadway shall ride single file.
C. 
Wherever a usable bicycle path has been provided adjacent to a roadway, bicycle drivers shall use such path and shall not use the roadway.
D. 
The operator of any bicycle overtaking another bicycle or vehicle proceeding in the same direction shall pass such vehicle at a safe distance to the right thereof, but no person driving a bicycle shall pass or attempt to pass another vehicle proceeding in the same direction unless such passing can be made in safety and at a place on a street other than an intersection without leaving the traveled portion of the road.
A. 
In addition to the suspension or revocation of any license or permit granted under this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19.
B. 
The parent, parents or guardian having legal custody of an unemancipated minor child shall be liable for penalties and costs imposed for violations of this article where such minor is unable to pay the same, including the jail sentence imposed for nonpayment thereof.
The purpose of this article is to regulate the operation of electric bicycles (e-bikes) and electric scooters within the City of Franklin to ensure public safety, promote responsible use, and align with Wisconsin State Law as defined in Wisconsin Statutes Chapter 340 and 2019 Wisconsin Act 34.
Electric bicycles and electric scooters, as defined in § 87-1, shall be regulated in the same manner as human-powered bicycles, except as otherwise specified in the Municipal Code or State Law. The provisions of Wisconsin Statutes Chapters 346 and 347, and applicable City ordinances, shall govern the operation of electric bicycles and electric scooters where appropriate.
A. 
General rules:
(1) 
Electric Bicycles and Electric Scooters are permitted on all roadways, bikeways, bicycle lanes, bicycle routes, and designated bicycle ways in the City of Franklin, unless otherwise restricted by this code or other local regulations.
(2) 
Riders must comply with all traffic regulations applicable to bicycles, including yielding to pedestrians and obeying traffic signals, as per Wis. Stat. § 346.803.
B. 
Class-Specific restrictions.
(1) 
Class 1 and Class 2 electric bicycles: Permitted on all designated bikeways and multi-use trails unless restricted by signage or local ordinance.
(2) 
Class 3 electric bicycles: Prohibited on multi-use trails and bikeways designated for non-motorized use, unless otherwise permitted by signage. Riders must be at least 16 years of age to operate a Class 3 electric bicycle, as per Wis. Stat. § 346.806(4).
(3) 
Electric scooters:
(a) 
Prohibited on any roadway in the City having a speed limit of more than 25 miles per hour.
(b) 
Prohibited on any sidewalk in the City if operated by any person 16 years of age or older.
(c) 
May be operated on all bicycle ways and recreation trails in the City.
(d) 
Shall be parked in an upright position with both wheels in contact with the ground.
(e) 
Shall not be parked in or obstructing: accessible parking spaces, loading zones, curb ramps, entryways, driveways, transit stops, street furniture requiring pedestrian access, or fire hydrants.
(f) 
Where Sidewalks are present, electric scooters may be parked on the sidewalk if not impeding pedestrian traffic, or in designated bicycle racks. On blocks without sidewalks, parking is permitted in the roadway if the travel lane and pedestrian way remain unobstructed.
(g) 
The City may designate specific parking zones or corrals for electric scooters in high-traffic areas.
(h) 
Short-term commercial rental of electric scooters to the general public is prohibited.
C. 
Age and helmet requirements:
(1) 
A person under 16 years of age must wear a helmet when operating or riding on any class of bicycle or electric scooter at any time in the City of Franklin.
(2) 
No person under 16 years of age may operate a Class 3 electric bicycle. A person under 16 years of age may ride as a passenger on a class 3 electric bicycle designed to accommodate a passenger.
D. 
Motor power and speed limits:
(1) 
Electric bicycles must have a motor of 750 watts or less and comply with federal regulations (16 CFR Part 1512). Any Vehicle that does not qualify as an electric bicycle must be registered.
(2) 
Operation of an electric bicycle with a throttle-only propulsion (class 2) above 20 miles per hour is prohibited unless the vehicle is reclassified as a moped under Wis. Stat. § 340.01 (29m).
A. 
The Common Council may, by resolution, designate specific bikeways, trails, or areas where the operation of electric bicycles (with the motor engaged) is prohibited such areas shall be clearly marked with appropriate signage.
B. 
Electric bicycles are prohibited in all City park paths and nature trails designated for non-motorized use, unless the motor is disengaged and the bicycle is propelled solely by human power.