Fitchburg commission weighs allowing sidewalk bicycling, sends draft ordinance to city attorneys for revision

The Fitchburg Bicycle & Pedestrian Commission reviewed a draft ordinance that would allow bicycling on sidewalks in the city in limited circumstances and agreed to send a revised draft to the city attorney for legal review.

Chair Andy Pots introduced the item and summarized the legal context, saying the discussion was to craft local language because “under Wisconsin statute, you cannot ride a bicycle on a sidewalk unless the local municipality passes an ordinance allowing that.” Public registrant Stephen urged the commission to include a clear statement that cyclists should use on-street bike facilities when those facilities are available, and to add a finding discouraging sidewalk riding except where necessary for safety.

Commissioners focused on several substantive edits: whether the allowance should be citywide or limited to designated sidewalks in corridors where on-street conditions are unsafe (Ross Kaylor raised McKe Road as an example); how to avoid creating incentives for selective or pretextual policing; and whether the ordinance should include a nonbinding statement encouraging cyclists to use available bike infrastructure. Jim Denham cited enforcement concerns and equity risks, noting that selective enforcement can be used to harass marginalized groups.

Ross Kaylor recommended keeping the ordinance compact for clarity and education purposes; he also noted staff could use signage, stripe centerlines, or ‘walk-bike’ signage on segments where a wider multi-use sidewalk is intended for combined use. Commissioners also discussed exceptions where sidewalks abut buildings or where multi-use paths already serve cyclists.

Rather than finalize language, the commission asked staff to prepare a version with the suggested changes (including language encouraging use of bike facilities and clarifying safe pedestrian-consistent speeds), assemble a short list of the edits discussed, and forward the packet to the city attorney for drafting and review. The commission did not take a final vote on policy wording during the meeting.

Next steps: staff will deliver the suggested edits to legal and return a redlined draft to the commission for further review.

Quote highlights

“As a term sheet … I thought maybe could be incorporated is … discouragement from riding on the sidewalk,” public registrant Stephen said, urging an explanatory finding for the ordinance.

“There’s a few places that we know of that it’s safer to ride on the sidewalk than in the street. McKe Road is somewhere that we keep talking about,” Ross Kaylor said, arguing for flexibility in locations where sidewalks can be designated.

What this means

The commission’s referral is a procedural step that preserves broad flexibility for further edits. If the city attorney drafts an ordinance consistent with the commission’s guidance, the item will return for public review and, at a later point, a formal municipal ordinance process (introduction, legal review, and potential council action).