[HISTORY: Adopted by the Common Council of the City of Oconto Falls 9-22-1997
by Ord. No. 97-010 (Ch. 30). 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 then 20 inches in diameter.
A frame made of material fitted to the sole of a shoe or to which
a shoe or boot is attached which in turn is attached to a runner or set wheels
for gliding over a surface other than ice.
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.
A board 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.
A.
Registration required. It shall be unlawful for any person
to operate a bicycle upon any street in the City of Oconto Falls unless said
bicycle is registered and tagged as hereinafter provided. Registration may
be either through the City of Oconto Falls or any other municipality lawfully
authorized to register bicycles.
B.
Form of registration.
(1)
Registration shall be made by filing with the Police
Department the name and address of the owner together with a complete description
of the bicycle on forms provided by the Department and paying a registration
fee as prescribed by the Common Council.
(2)
Registration shall be serially numbered and kept on file
in the Department as a public record.
(3)
Upon registration, the Department shall cause an identification
tag to be affixed to the bicycle registered, serially numbered to correspond
with the registration number. Such tag shall remain affixed to the bicycle
unless removed by the Department for cause or for retagging or for reregistration.
C.
Duplicate registration. In case of theft or loss of the
identification/registration tag, a duplicate tag shall be issued for a fee
as set by the Common Council.
D.
Expiration. All registrations shall expire on the 31st
day of December.
E.
Report. All bicycle registration fees shall be payable
to the City Administrator - Clerk/Treasurer, and the Department shall make
a complete report to the City Administrator - Clerk/Treasurer of funds received.
F.
Unsafe mechanical condition. No bicycle shall be registered
which is in unsafe mechanical condition.
G.
Suspension of registration. The Chief of Police shall
have authority to suspend the registration of and remove the identification
tag from any bicycle operated contrary to any state law or City ordinance
or operated while in unsafe mechanical condition, such suspension and removal
to continue for a period not to exceed 10 days, provided that such registration
shall not be reinstated or such identification tag be replaced while such
bicycle is in unsafe mechanical condition. Such suspension and removal shall
be in addition to other penalties provided hereunder.
H.
Change in ownership. Within 10 days after any bicycle
registered hereunder shall have changed ownership or been dismantled and taken
out of operation, the person in whose name the bicycle was registered shall
report such information to the Police Department. In case of change of ownership
the registration shall thereupon be changed to show the name of the new owner.
The provisions of Chs. 346 and 347, Wis. Stats., and applicable municipal
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.[1]
A.
It shall be unlawful for any person to operate or ride
a skateboard, roller skates, in-line skates, or roller skies in any of the
following locations:
(1)
Upon any City street where a sidewalk is available.
(2)
Upon any sidewalk in any signed business district, including
but not limited to the Central Business District along Main Street between
the intersection of Central Avenue on the south and Maple Street on the north.
(3)
Upon any public parking lot or playground.
(4)
Upon private property unless permission has been given
by the owner, lessee, agent, or other person in charge of the property.
(5)
Upon any roadway where a sign is erected indicating such
operation is prohibited.
B.
No person may operate a skateboard, in-line skates, roller
skates, or roller skis while the operator is using any audio device attached
directly to the ear or ears of the operator that materially impairs the ability
of such operator to hear traffic signals or warnings.
A.
Parental responsibility. No parent or guardian of any
child shall authorize or knowingly permit such child to violate any provisions
of this chapter.
B.
Street operation.
(1)
It shall be unlawful for any person to operate a bicycle
that places the operator, surrounding pedestrians, or surrounding motorists
in danger of injury.
(2)
It shall be unlawful for any person riding upon a bicycle
to cling to or attach himself or the bicycle to any moving vehicle upon a
street or highway.
(3)
No bicycle shall be used to carry more persons at one
time than the number for which it is designed and equipped. In addition to
the operator, a bicycle otherwise designed to carry only the operator may
be used to carry or transport a child seated in an auxiliary child's seat
or trailer designed for attachment to a bicycle if the seat or trailer is
securely attached to the bicycle according to the directions of the manufacturer
of the seat or trailer. Persons are not permitted to be located on a bicycle
in front of the operator of the bicycle.[1]
(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 person shall operate a bicycle upon any roadway where
a sign is erected indicating such operation 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.
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.
E.
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.
F.
Bicycle operation while hearing obstructed. No person
may operate a bicycle while such operator is using any audio device attached
directly to the ear or ears of the operator that materially impairs the ability
of such operator to hear traffic signals or warnings.
A.
Age 16 of age and older. 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.
Age 14 through 15. 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 Uniform State Traffic
Deposit Schedule and, upon conviction thereof, may be required to forfeit
not more than $25, together with the cost of 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.
Under 14 years of age. 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 within one year. The Chief of Police shall
issue a warning letter sent to the parent or guardian.
(2)
Second offense within one year. The Chief of Police shall
invalidate the vehicle license for a period of not more then 15 days. The
owner of said vehicle shall not use this vehicle nor any other vehicle during
the period of suspension.
(3)
Third offense within one year. The bicycle, skateboard,
roller skates, or roller skies may be impounded by the Chief of Police. The
Chief of Police may refer the offender to Oconto County Juvenile Court.
D.
Parental responsibility. 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 § 346.82,
Wis. Stats.
