A bike path is indeed a street. A street is a highway, a highway is any public way open to vehicular traffic, a bicycle is a vehicle, a bike path is a public way open to vehicles, ergo a path is a street.
Below are the state statute definitions that back this up as well as reference to case law that supports this conclusion. 340.01(64) "Street" means every highway within the corporate limits of a city or village except alleys. 340.01(22) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of public schools, as defined in s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors, but does not include private roads or driveways as defined in sub. (46). 340.01(5) "Bicycle" means every vehicle propelled by feet or hands acting upon pedals or cranks and having wheels any 2 of which are not less than 14 inches in diameter. 340.01(5s) "Bicycle way" means any path or sidewalk or portion thereof designated for the use of bicycles and electric personal assistive mobility devices by the governing body of any city, town, village, or county. City of New Berlin, V. Jeremy B. Olsen, January 17, 2007, See http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=27750 Paragraph 1 Jeremy B. Olsen appeals from a judgment for operating a motor vehicle while under the influence of an intoxicant contrary to WIS. STAT. § 346.63(1)(a). Olsen claims that § 346.63(1)(a) does not apply because he operated his vehicle on the New Berlin Trail, a recreational trail not open to motor vehicles. We hold that the New Berlin Trail is a "highway" subject to § 346.63. We affirm. In paragraph 9 the Judge writes: The broadly drawn statutory definition of "highway" embraces the New Berlin Trail. WISCONSIN STAT. § 340.01(22) defines "highway" for purposes of the drunk driving laws and states: "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel.... The New Berlin Trail is a public way or thoroughfare open to the use of the public for the purposes of vehicular travel. It is a part of the Waukesha County Parks linear trail system and is made available to the public. Travel by bicycle is permitted on the New Berlin Trail. The applicable statutory definition of "vehicle" includes bicycles. Section 340.01(74) defines "vehicle" quite broadly as, "every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains." Further, by its very definition, a bicycle is a vehicle. See § 340.01(5) ("'Bicycle' means every vehicle ...."). Reading these definitions together, we conclude that the New Berlin Trail is a "highway" subject to the drunk driving laws. Therefore, when Olsen operated his motor vehicle on the New Berlin Trail while under the influence of an intoxicant, he violated WIS. STAT. § 346.63(1)(a). 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 From: [email protected] [mailto:[email protected]] On Behalf Of Larry D. Nelson Sent: Wednesday, February 05, 2014 8:07 AM To: 'Mark Clear'; [email protected] Cc: Hank, George; Cryan, Kathy Subject: Re: [Bikies] Southwest Trail - Missing Link section - complaint filed. The situation we drafted the Ordinance to address was that private operators were pushing the snow to the opposite side of the street. City plows would then inadvertently push the snow to the next void - another driveway - which really irritated that homeowner. It should apply here unless the enforcement agency, as Alder Clear related, is concerned about the status of a transportation corridor (bike path) versus a street. I suspect that some education of the contractor and the operators is necessary. Ordinances and inforcement actions don't mean jack until you talk to the guy on the truck. BI can direct the landowner to get his snow off the public property. And, we will probably have to do it again next year as well. Larry D. Nelson, P.E. 1506 Cameron Drive Madison, WI 53711 608 630 6532 (C) From: [email protected] [mailto:[email protected]] On Behalf Of Mark Clear Sent: Wednesday, February 05, 2014 1:41 AM To: [email protected] Subject: Re: [Bikies] Southwest Trail - Missing Link section - complaint filed. I'm checking on whether the snow dumping ordinance (10.23(2)<http://library.municode.com/HTML/50000/Chapter%2010%20-%20Streets,%20Alleys,%20Sidewalks,%20and%20Gutters.pdf#page=63>) applies to bike paths. Preliminary indication is yes, but if not I will propose an amendment to ensure it does. Mark C. On 2/4/2014 8:09 PM Paul T. O'Leary wrote: You can be cited for pushing snow into the street. I'm sure if they dumped this snow onto the Avenue, a citation would promptly ensue. Gotta wonder if the ordinance applies here, and if the enforcement would be applied here as well.
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