Bicycle Injury Lawyer, Criminal Defense Lawyer

Milwaukee

230 West Wells Street - Suite 706

Milwaukee, Wisconsin 53203


 

Tel - 414.207.4426

Madison

5976B Executive Drive

Fitchburg, WI 53719


 

Tel - 608.320.6710

 

Madison Bike Laws

City of Madison Bicycle Laws:

12.76 SPECIAL RULES APPLICABLE TO BICYCLES.
(1) No person shall ride a bicycle on the sidewalk where a building abuts the sidewalk. Bicycle riding on sidewalks is permitted, except as prohibited in this subsection and otherwise regulated in this chapter.
(2) No person shall ride or operate any bicycle over any footbridge within the limits of Madison unless specifically permitted as part of a designated bicycle path.
(3) Trick Riding Prohibited. No person shall engage in trick riding of a bicycle upon any public way.
(4) Parking.
(a) Bicycles parked on streets shall be against the curb in areas where vehicle parking is permitted.
(b) Bicycles parked on sidewalks shall be placed in racks for their support or next to buildings or at the curb and in a manner which affords the least obstruction of pedestrian traffic.
(c) Bicycles parked on public ways shall not be secured to any object within fifteen (15) feet of a crosswalk or to any tree located on public sidewalk or terrace whether paved or not. (d) Bicycles shall not be parked on the terrace adjacent to any bus stop, freight loading zone, truck loading zone, passenger loading zone, loading zone for people with disabilities, taxi stand or any parking place for persons with disabilities so as to interfere with the unloading or loading of persons or property.
(e) Effective May 1, 1978, bicycles parked in violation of this or any other parking regulation may be removed from the unlawful parking position by any police officer and either relocated at a nearby legal parking space or stored in the Police Property Room until retrieved by the lawful owner.
(f) Mopeds shall comply with this subsection, pursuant to Wis. Stat. § 346.54(1)(e). (Am. by ORD-12-00003, 1-10-12)
(g) Permits for the installation of bicycle racks may be approved by the Board of Public Works and the Common Council. Approval of said application for permit shall be in accordance with the rules and regulations set by the Board of Public Works, pursuant to Section 66.0425 of the Wisconsin Statutes. (Sec. 12.76 Am. by Ord. 11,810, Adopted 3-4-97)

(5) Bicycle Signals. (a) Unless otherwise directed by a bicycle signal as provided in Secs. 12.76(6) – 12.76(7), MGO, the operator of a bicycle shall obey the provisions of these ordinances and of the Wisconsin Statutes applicable to the operator of a vehicle. (b) Whenever an official traffic control signal exhibiting different colored bicycle symbols is shown, the operator of a bicycle facing those traffic control signals shall obey the bicycle signals as provided in Secs. 12.76(6) – 12.76(7). (Sec. 12.76(5) Cr. by ORD-11-00059, 4-7-11)

(6) Bicycle Traffic-Control Signal Legend. (a) Whenever bicycle traffic is controlled by bicycle traffic control signals exhibiting different colored bicycle symbols successively, or with arrows, the following colors shall be used and shall indicate and apply to operators of bicycles as follows:

1. Green. Bicycle traffic facing a green bicycle signal may proceed straight through, make a U-turn, or turn right or left unless a sign at such place prohibits the turning maneuver, but bicycle traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

2. Yellow. When shown with or following the green, bicycle traffic facing a yellow bicycle signal shall stop before entering the intersection unless so close to it that a stop may not be made in safety.

Red. a. Bicycle traffic facing a red bicycle signal shall stop before entering the crosswalk on the near side of an intersection, or if none, then before entering the intersection or at such other point as may be indicated by a clearly visible sign or marking and shall remain standing until green or other signal permitting movement is shown. b. No pedestrian, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic. c. Bicycle traffic facing a red bicycle signal at an intersection may, after stopping as required under Sub. a., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which bicycle traffic travels to the left. No turn may be made on a red bicycle signal if lanes of moving traffic are crossed or if a sign at the intersection prohibits a turn. In making a turn on a red bicycle signal bicycle traffic shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk, to operators of vehicles making a lawful U-turn, and to other traffic lawfully using the intersection. Green Arrow. a. Bicycle traffic facing a green bicycle arrow signal may enter the intersection to make the movement indicated by the bicycle arrow but shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Bicycle traffic facing a left turn bicycle arrow may make a U-turn unless a sign prohibits U- turns. When the green bicycle arrow signal indicates a right or left turn bicycle traffic shall cautiously enter the intersection. b. No pedestrian, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic. (b) In the event an official bicycle traffic signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. (Sec. 12.76(6) Cr. by ORD-11-00059, 4-7-11)

(7) Flashing Bicycle Signals. Whenever flashing red or yellow bicycle signals are used they require obedience by bicycle traffic as follows: (a) Flashing Red (Stop Signal). When a red bicycle lens is illuminated with rapid intermittent flashes, operators of bicycles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign. (b) Flashing Yellow (Caution Signal). When a yellow bicycle lens is illuminated with rapid intermittent flashes, operators of bicycles may proceed through the intersection or past such signal only with caution. (Sec. 12.76(7) Cr. by ORD-11-00059, 4-7-11) 12.761

ABANDONED BICYCLES. (1) Violation. No person may leave unattended any bicycle on any public street, highway, building, place or park upon any public or private property, for such time and under such circumstances as to cause the bicycle to reasonably appear to be abandoned. (2) Notice of Abandonment. Any bicycle in violation of sub. (1) may have a notice affixed to it which informs the owner of the bicycle, that the bicycle appears to be abandoned. Only a police officer, the City Traffic Engineer and Parking Manager, and the Superintendent of Parks or his/her designee have authority to affix such notices upon bicycles. The notice shall indicate: (a) The date and time the notice was affixed; (b) A phone number for the owner to call to inform the agency which affixed the notice, that the bicycle is not abandoned; (c) The date and time after which the bicycle may be removed under sub. (3). A bicycle shall be deemed as “not abandoned” if the owner of the bicycle, within 48 hours of the affixing of a Notice of Abandonment, notifies the agency affixing that notice, that the bicycle is not abandoned. (Am. by ORD-06-00061, 6-3-06) (3) Removal. If a bicycle remains in violation of sub. (1) more than 48 hours after the Notice of Abandonment has been affixed in compliance with sub.(2), that bicycle may be removed by any police officer; City Traffic Engineer and Parking Manager’s designee; or Superintendent of Parks designee, and immediately thereafter delivered to the police property room. However, before any designated person removes a bicycle they shall first determine whether their agency has designated the bicycle as “not abandoned.” A bicycle designated “not abandoned” may not be removed. A bicycle removed under this section shall remain in the custody of the police department until it is retrieved by the owner or otherwise disposed of according to law. (Am. by ORD-06-00061, 6-3-06) (Cr. by Ord. 11,867, 6-2-97)

12.762 REMOVAL OF BICYCLE RACKS FOR STREET USE PERMITS OR EMERGENCY REMOVAL. Upon compliance with this section, the City of Madison may remove any bicycle rack located on City- owned property within the City of Madison and may impound any bicycle parked in the rack. Only a police officer; the City Traffic Engineer and Parking Manager, and the Superintendent of Parks, or his/her designee, shall have authority to remove any bicycle rack and impound any bicycle parked in the bicycle rack. (Am. by ORD-06-00061, 6-3-06)

(1) Definitions. For purposes of this section, the following words or terms have the meaning set forth below: (a) “City-owned Property” means real property owned by the City of Madison, including but not limited to, streets, sidewalks, alleys, parks, parking lots, buildings and rights-of-way. (b) “Bicycle” has the meaning found in Wis. Stat. § 340.01(5). (c) “Bicycle Rack” means a frame, stand or other permanent or semi-permanent fixture designed and intended to provide parking space for bicycles. (d) “Removal period” means the portion of time during which a Street Use Permit granted under Section 10.056, MGO, is in effect or an emergency declared by the Madison Police Department is in effect.

(2) A bicycle rack may not be removed more than twenty-four (24) hours prior to the removal period.

(3) Notice Procedures. Before removing any bicycle rack and impounding any bicycle parked in the bicycle rack, the City of Madison, or its designee, shall provide notice of the removal as follows: (a) At least forty-eight (48) hours before the scheduled removal of the bicycle rack, notice shall be affixed to each designated bicycle rack and other permanent fixtures in the area. Notice shall also be affixed to the handlebars or seat of any bicycle parked in the bicycle rack. The notice shall include: 1. The date and time of the scheduled removal of the bicycle rack; 2. A statement that any bicycle parked in the bicycle rack on the removal date will be impounded; 3. Information about retrieving an impounded bicycle, including but not limited to, a phone number, address and the hours during which the owner may retrieve the bicycle; 4. A phone number for the owner to call for information about alternate available parking for bicycles during the removal period. (b) Twenty-four (24) hours before the scheduled removal of the bicycle rack, notice shall be affixed to the handlebars or seat of any bicycle parked in the rack. Said notice shall contain the identical information set forth in subsection (a). (c) Upon removal of the bicycle rack, all bicycles parked in the bicycle rack shall be removed and securely stored in the Police Property Room. (d) Once the bicycle rack has been removed, notice shall be affixed to the nearest permanent fixture providing information about retrieving an impounded bicycle. The notice shall include a phone number, address and the hours during which the owner may retrieve the bicycle. (4) The City of Madison shall return the bicycle rack to its original location within twenty-four (24) hours after the removal period ends.

12.78 REGISTRATION OF BICYCLES. (1) Registration and Licensing of Bicycles. No person shall operate a bicycle upon any public way within the City of Madison unless said bicycle shall have been properly registered by the City of Madison as hereinafter provided, or shall have a valid current registration in another municipality. (2) Registration Form. Every owner or operator of any bicycle within the City of Madison shall, within ten (10) days of the acquisition of such bicycle or from establishing a residence in the City, file with the Director of Transportation or her/his designee a complete description including make, model, color, serial number and additional information as required and name and address of purchaser of such bicycle, upon a form to be provided for that purpose. The registrar shall verify serial number and name and address. Such registration shall be serially numbered and kept on file by the Department of Transportation in its office as a public record. The registration shall be cross-referenced so that a bicycle can be identified by all of the following methods: (a) Bicycle serial number. (b) Registration sticker or decal number. (c) Name of owner. (d) Any bicycle purchased from a bicycle dealer within the City of Madison after the effective date of this ordinance shall be registered by the dealer. The dealer, at the time of sale, shall require the buyer to complete an application for registration, collect the required fee, and mail the application and fee to the Director of Transportation or her/his designee no later than two (2) weeks after the date of sale. When a bicycle dealer sells a bicycle to a person from another city, town, or village who wishes to register that bicycle in her or his home city, town, or village, the dealer shall, at the time of sale, complete an application for registration and indicate on the application that the bicycle is to be registered in another city, town, or village. All bicycle dealers shall supply registration information to the City on all bicycles sold or transferred. Dealers may retain one dollar ($1) from the sale of each registration to cover the costs of administration of the registration program. (e) The University of Wisconsin-Madison shall actively promote bicycle registration through both educational and enforcement programs. The UW-Madison or its representatives may complete applications for bicycle registration and collect the required fee. The UW- Madison or its designated representative shall mail the completed applications and collected fees to the Director of Transportation no later than two weeks after completion of each application. The UW-Madison may retain one-half of each registration fee collected to cover the costs of the registration program. Sticker or Decal. Immediately upon the registration of a bicycle, the registrar shall issue to the owner of such bicycle a serially numbered sticker or decal to indicate the period of registration. Such sticker or decal shall be affixed to the bicycle frame so that it is plainly visible and shall be kept reasonably clean at all times. It shall thereafter remain affixed to such bicycle until the expiration or the cancellation of the registration. A fee of ten dollars ($10) for one or two bicycles, and eight dollars ($8) for each subsequent bicycle shall be charged for the registration of any bicycle under provisions of this ordinance. No person shall willfully remove, deface or destroy any such sticker or decal. (Am. by Ord. 13,601, 5-11-04) (4) Expiration of Registration. Bicycles shall be registered every four (4) years. Registration of bicycles shall be effective until May 15 of the calendar year four years after the year of registration. (5) Lost Registration Stickers or Decals and Ownership Transfer. In case of theft or loss of decal or sticker, a new decal or sticker shall be obtained. Upon the sale or transfer of a registered bicycle, the new owner shall report the sale or transfer to the Chief of Police, indicating her/his name and address as well as the name and address of the person from whom the bicycle was acquired. (6) Notification of Change in Address. Whenever the owner of a registered bicycle moves or changes address, s/he shall notify the Chief of Police in writing of the new address within ten (10) days. (7) Bicycle To Be In Safe Mechanical Condition. The Chief of Police or her/his designee shall refuse to register or shall suspend the registration of any bicycle found to be in unsafe mechanical condition or not equipped or registered as herein required until proof is given that the defect or defects are corrected. Unsafe mechanical condition includes, but is not limited to, a bicycle with improvised or defective handlebars. (Section 12.78 Am. by Ord. 12.781

LICENSING OF BICYCLE DEALERS. (1) No person, firm, association or corporation shall carry on or operate within the City of Madison a business for the purchase or sale or transfer of new or used bicycles or bicycle parts, without first having obtained a license therefore as hereinafter provided. For purposes of this ordinance, the sale or transfer of three (3) or more bicycles in a period of one (1) year constitutes a business. (Am. by Ord. 8124, 10-17-83) (2) The license fee for each individual premises shall be one hundred dollars ($100) per annum. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of 15% of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. (Am. by Ord. 9022, 12-11-86; Ord. 13,601, 5-11-04; OD-06-00154, 11-23-06) (3) At least every 14 calendar days when bicycles are sold or transferred, every person, firm, association or corporation engaged in the business of selling or transferring new or used bicycles in the City of Madison shall report to the Chief of Police all sales, transfers, and registrations made by her/him, giving a description of each bicycle sold or transferred, the name and address of purchaser or transferee, make of bicycle, color, serial number, and additional information as may be required. New bicycles, manufactured without a serial number, shall have a serial number stamped on the frame by the dealer in accordance with an approved city numbering system. (Am. by Ord. 10,245, 4-26-91) (4) The Chief of Police shall provide suitable forms upon which such reports shall be made, which shall be furnished upon request to persons, firms, associations or corporations engaged in selling or transferring of new or used bicycles in the City of Madison. (Am. by Ord. 10,245, 4-26-91) (5) One designated copy of such record shall be retained by the licensee. Such reports shall be open to the police. 12.782

SALE AND RENTAL OF BICYCLES. (1) Provision of Safety Equipment. No person, firm, association or corporation shall sell or transfer a bicycle without proper safety equipment as designated in Wis. Stat. § 347.489. (2) No person shall sell, transfer, or offer for sale or transfer any bicycle unless s/he can prove ownership of said bicycle. A City of Madison bicycle registration form or a bill of sale shall constitute a proof of ownership. (3) No person shall rent, lease or loan a bicycle of any kind to another unless s/he has ascertained that the bicycle is in safe mechanical condition, properly equipped and registered. (4) No person shall knowingly rent, lease or loan a bicycle of any kind to any person who is incapable of operating said bicycle by reason of physical or mental disability, or is under the influence of liquor, fermented beverages, narcotics or other drugs. (Am. by Ord. 10,245, 4-26-91) 12.79

PENALTY FOR VIOLATING SECTIONS 12.74 THROUGH 12.782. The penalty for violating Sections 12.74 through 12.782 shall be as follows: (1) Any person violating any provision of Sections 12.76(1) to (4), 12.78(6), 12.782(3) and (4) may be required to forfeit not more than forty dollars ($40). (Am. by ORD-10-00015, 2-18-10) (2) Any person violating any provision of Section 12.78(1), (2) and (4) may be required to forfeit not more than twenty dollars ($20) for the first offense and not less than twenty-five dollars ($25) nor more than fifty dollars ($50) for the second and subsequent convictions within one year. (3) Any person violating any provision of Sections 12.78(3), (5) or 12.782(1) may be required to forfeit not more than ten dollars ($10). (4) Any person violating Section 12.781 may be required to forfeit not less than ten dollars ($10) nor more than one hundred dollars ($100). (5) Any person violating Section 12.78(2), 12.781(3), or 12.782(2) may be required to forfeit not less than ten dollars ($10) nor more than two hundred dollars ($200) for the first offense, and not less than ten dollars ($10) nor more than two hundred dollars ($200) for the second offense and revocation of license for the second offense within a licensing year. (6) Any person violating any provision of Section 12.751 may be required to forfeit not less than ten dollars ($10) nor more than one hundred dollars ($100). (7) Any person violating any provision of Section 12.752 may be required to forfeit not less than twenty dollars ($20) nor more than two hundred and fifty dollars ($250). (Am. by Ord. 13,760, Adopted 12-14-04) (8) Penalty. Any person violating any provision of Section 12.76(6) or 12.76(7) may be required to forfeit not more than $20. (Cr. by ORD-11-00059, 4-7-11) (Sec. 12.79 Am. by Ord. 11,810, Adopted 3-4-97) 12.791 RIDING MOPED ON BICYCLE WAY. No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way. Any person violating this Section may be required to forfeit not more than twenty dollars ($20) upon conviction. (Sec. 12.791 Am. by Ord. 11,810, Adopted 3-4-97) 12.792

NEIGHBORHOOD ELECTRIC VEHICLES ALLOWED. (1) Definition. “Neighborhood Electric Vehicle” means a vehicle subject to Wis. Stat. § 340.01(36r). (2) A Neighborhood Electric Vehicle may be operated on any roadway that has a speed limit of 35 miles per hour or less, subject to the limitations in Section 3, herein. (3) A Neighborhood Electric Vehicle may be operated on a connecting highway or an intersection where the roadway crosses a state trunk highway, if, pursuant to Wis. Stat. § 349.36(3), the Wisconsin Department of Transportation has either consented to such use or has not made a timely objection to such use. (4) The Traffic Engineer shall provide the Wisconsin Department of Transportation written notice of the enactment of this ordinance, which shall include identification of any connecting highway or state trunk highway intersection to which the ordinance will apply. If the Wisconsin Department of Transportation objects, as provided in Sub 4, to the application of this ordinance to such connecting highway or intersection, then the Traffic Engineer shall cause appropriate signs to be placed at those locations objected to by the Wisconsin Department of Transportation, advising that a Neighborhood Electric Vehicle may not be operated at those locations. (5) Any person who operates a Neighborhood Electric Vehicle contrary to this ordinance may be required to forfeit not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00). (Sec. 12.792 Cr. by ORD-08-00045, 4-26-08)