I do not want to get into a long discussion about moped parking , but just want to point out a couple of things brought out or questioned in this discussion. 1) State Statute considers mopeds to be bicycles for parking purposes. See 346.54(1)(e) 2) Notes at the end of State Statutes Chapter 340 clearly indicate that the motor vehicle code does not apply to the UW-Madison campus, thus they can create and enforce their own rules. This is based on case law, see the citation below if you are curious about the case and the court decision, from 1978. 3) The City's authority to create parking rules different from the state statutes includes a provision for informing people of the rules that differ through signage at each location where the local parking ordinance is in effect. See 349.13 346.54 How to park and stop on streets.
(1) Upon streets where stopping or parking is authorized or permitted, a vehicle is not lawfully stopped or parked unless it complies with the following requirements: (e) For the purpose of parking, mopeds and electric personal assistive mobility devices shall be considered bicycles. Where possible without impeding the flow of pedestrian traffic, a bicycle, moped, or electric personal assistive mobility device may be parked on a sidewalk. A bicycle, moped, or electric personal assistive mobility device may be parked in a bike rack or other similar area designated for bicycle parking. Chapter 340 VEHICLES — GENERAL PROVISIONS 340.01 Words and phrases defined. In s. 23.33 and chs.340 to 349 and 351, the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning: Roads on the UW−Madison campus are not highways under sub. (22); they are “private roads or driveways” under sub. (46). The motor vehicle code does not apply to them. Henkel v. Phillips, 82 Wis. 2d 27, 260 N.W.2d 653 (1978). 349.13 Authority to regulate the stopping, standing or parking of vehicles. (1e) (a) . . . local authorities with respect to highways under their jurisdiction, including state trunk highways or connecting highways within corporate limits, may, within the reasonable exercise of the police power, prohibit, limit the time of or otherwise restrict the stopping, standing or parking of vehicles beyond the prohibitions, limitations or restrictions imposed by ch. 346, . . . (c) 2., no prohibition, limitation or restriction on parking imposed under this section is effective unless official traffic signs or markers or parking meters have been placed or erected indicating the particular prohibition, limitation or restriction. Arthur Ross, Pedestrian-Bicycle Coordinator City of Madison Traffic Engineering Division 215 Martin Luther King Jr. Blvd, Suite 100 PO Box 2986 Madison, WI 53701-2986 608/266-6225
_______________________________________________ Bikies mailing list [email protected] http://www.danenet.org/mailman/listinfo/bikies
