I agree with Arthur's post below that a bike path is a street/highway. Unfortunately, this argument does not prevent some bike paths, even those built in part by transportation funding, from requiring trail passes (I guess we do have toll roads in Wisconsin). Mike Rewey brought up the fact that some state trails require passes and others don't at a recent MPO meeting.
It has always irked my and others on this list that Dane County has chosen to require the state trail pass for use of the Capital City State Trail outside the city of Madison (who does not require a state trail pass for the use of the Capital City State Trail within the city of Madison). As the local government responsible for maintaining the Capital City State Trail outside the city of Madison, Dane County is allowed to decide whether to require the state trail pass. But it's never been clear to me whether it's even known how much revenue they receive from trail passes that are bought specifically to use that trail. It's complicated, but basically I think it boils down to this (and the county and DNR folks I've copied can correct me if I'm wrong): Dane County gets a cut of every state trail pass sold in the county, whether it's sold to someone who bought it at the Capital City State Trail "trailhead" just south of the Beltline (outside the city of Madison), or drove their mountain bike to Blue Mounds State Park to ride the (purely recreational) mtb trails there, or, for that matter, bought it at a bike shop in the county with the intention of using it at (the purely recreational mtb trails at)Kettle Moraine State Park (which is in Jefferson County, who would have gotten a cut of that trail pass if it had been bought upon arrival there instead of in Dane County). Mike brought up some other trails used for transportation in the state that do and do not require trail passes. And Larry brought up the fact that trails (like Military Ridge) that connect communities (and indeed, are used for transportation, sometimes even by kids to get to school) are too often thought of as purely recreational when they are in fact transportation corridors (and often require trail passes, though not of the kids under 16 whether they are using them to get to school are just having fun). Anyway, the point of this post (that I really didn't have time to write) is that the upcoming update of the regional bike plan (for Madison and Dane County) has reminded me that (imo), the methods we use to fund the trails that connect our communities needs to be rethought and reworked. I'm fine with paying to use the (purely recreational) mtb trails at places like Blue Mounds and Kettle Moraine State Parks (indeed, I'd be willing to pay more than I have to now), and/or even willing to pay for separate passes to use those trails in winter (for XC skiing) and summer (for mountain biking) - currently the same pass allows me to do both (which creates more disconnect between where the revenue comes from and where it goes - if I buy my first trail pass every year in January to go XC skiing (once) in Dane County, but then I go to Kettle Moraine every weekend in the summer (which probably means my summer use in Jefferson County causes way more maintenance than my winter use in Dane County). But we need to find another funding mechanism for the trails that CAN be used as transportation (whether every user is using them for transportation)because they link our communities, just like our roads. Chuck Strawser Pedestrian & Bicycle Transportation Planner Commuter Solutions Transportation Services UW-Madison Room 124 WARF 610 Walnut St Madison WI 53726 608-263-2969 www.wisc.edu/trans From: [email protected] [mailto:[email protected]] On Behalf Of Ross, Arthur Sent: Wednesday, February 05, 2014 10:24 AM To: 'Larry D. Nelson'; 'Mark Clear'; [email protected] Cc: Hank, George; Cryan, Kathy Subject: Re: [Bikies] Southwest Trail - Missing Link section - complaint filed. 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]> [mailto:[email protected]] On Behalf Of Larry D. Nelson Sent: Wednesday, February 05, 2014 8:07 AM To: 'Mark Clear'; [email protected]<mailto:[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]> [mailto:[email protected]] On Behalf Of Mark Clear Sent: Wednesday, February 05, 2014 1:41 AM To: [email protected]<mailto:[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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