Chapter 10.36
OFF-ROAD VEHICLES (ORVs) AND WHEELED ALL-TERRAIN VEHICLES (WATVs)
Sections:
10.36.020 Use of wheeled all-terrain vehicles on city streets.
10.36.030 Restrictions on use of wheeled all-terrain vehicles on city streets.
10.36.040 Equipment requirements of wheeled all-terrain vehicles.
10.36.050 Registration requirements of a wheeled all-terrain vehicle.
10.36.060 Duty to obey traffic-control devices and rules of the road.
10.36.010 Definitions.
Unless otherwise specifically provided for herein, the definitions set forth in Chapter 46.09 RCW, as existing or hereafter amended, shall govern this chapter. In addition, when used in this chapter, the following words, terms, and phrases shall have the following meanings:
A. “City” means the city of Brewster, Washington, including its elected officials, employees, and agents.
B. “City street” means every way, lane, road, street, boulevard, and every way or place in the city open as a matter of right to public vehicular traffic inside the city limits.
C. “Motorcycle helmet” has the same meaning as provided in RCW 46.37.530.
D. “Off-road vehicle” or “ORV” means any motorized vehicle used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. Any reference to wheeled all-terrain vehicle in this chapter shall include reference to off-road vehicles or ORVs.
E. “Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in state and/or local statutes, rules or regulations.
F. “Sidewalk” means that property between the curb lines or the lateral lines of a city street and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a city street and dedicated to use by pedestrians.
G. “Wheeled all-terrain vehicle” or “WATV” means (1) any motorized nonhighway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has four tires having a diameter of thirty inches or less, or (2) a utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of twenty psi or less, has a maximum width less than seventy-four inches, has a maximum weight less than two thousand pounds, has a wheelbase of one hundred ten inches or less, and satisfies at least one of the following: (a) has a minimum width of fifty inches; (b) has a minimum weight of at least nine hundred pounds; or (c) has a wheelbase of over sixty-one inches. A wheeled all-terrain vehicle is an off-road vehicle for the purposes of Chapter 4.24 RCW. (Ord. 877 § 1 (part), 2016)
10.36.020 Use of wheeled all-terrain vehicles on city streets.
Subject to the restrictions set forth in Section 10.36.030, as existing or hereafter amended, and other requirements set forth in this chapter, any person with a valid driver’s license issued by the state of the person’s residence may operate a wheeled all-terrain vehicle upon a city street having a speed limit of thirty-five miles per hour or less. (Ord. 877 § 1 (part), 2016)
10.36.030 Restrictions on use of wheeled all-terrain vehicles on city streets.
A. Any person who operates or rides as a passenger in a wheeled all-terrain vehicle must wear a securely fastened motorcycle helmet while the WATV is in motion, unless the WATV is equipped with seat belts and roll bars or an enclosed passenger compartment;
B. A person may not operate a wheeled all-terrain vehicle upon a state route; however, a person may cross state routes at a controlled intersection if the crossing begins and ends on a city street with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees;
C. A person may not operate a wheeled all-terrain vehicle upon a city street with a speed limit in excess of thirty-five miles per hour; however, a person may cross a city street with a speed limit in excess of thirty-five miles per hour at a controlled intersection if the crossing begins and ends on a city street with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees;
D. A person may operate a wheeled all-terrain vehicle upon any city street while being used under the authority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency’s official duties; and
E. Wheeled all-terrain vehicles, and the use thereof, are subject to the regulations and requirements set forth in Chapter 46.55 RCW. (Ord. 877 § 1 (part), 2016)
10.36.040 Equipment requirements of wheeled all-terrain vehicles.
Any wheeled all-terrain vehicle operated on a city street shall include the following equipment (which equipment shall be used and operated as further prescribed herein):
A. Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion;
B. One tail lamp meeting the requirements of RCW 46.37.525 and used at all times when the vehicle is in motion upon a city street; however, a utility-type vehicle, as described under RCW 46.09.310, must have two tail lamps meeting the requirements of RCW 46.37.070(1) and to be used at all times when the vehicle is in motion upon a city street;
C. A stop lamp meeting the requirements of RCW 46.37.200;
D. Reflectors meeting the requirements of RCW 46.37.060;
E. During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200;
F. Outside of hours of darkness, the person operating the WATV must comply with RCW 46.37.200 or 46.61.310;
G. A mirror attached to either the right or left handlebar, which must be located to give the person operating the WATV a complete view of the city street for a distance of at least two hundred feet to the rear of the WATV; however, a utility-type vehicle, as described under RCW 46.09.310(19), must have two mirrors meeting the requirements of RCW 46.37.400;
H. A windshield meeting the requirements of RCW 46.37.430, unless the person operating the WATV wears glasses, goggles, or a face shield while operating the WATV, of a type conforming to rules adopted by the Washington State Patrol;
I. A horn or warning device meeting the requirements of RCW 46.37.380;
J. Brakes in working order;
K. A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and
L. For utility-type vehicles, as described under RCW 46.09.310(19), seat belts meeting the requirements of RCW 46.37.510. (Ord. 877 § 1 (part), 2016)
10.36.050 Registration requirements of a wheeled all-terrain vehicle.
Any wheeled all-terrain vehicle operated on a city street must comply with all the registration requirements of Chapter 46.09 RCW. (Ord. 877 § 1 (part), 2016)
10.36.060 Duty to obey traffic-control devices and rules of the road.
Unless a law enforcement officer directs otherwise, a person operating a wheeled all-terrain vehicle must obey all rules of the road that apply to vehicle or pedestrian traffic and must obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles. A person operating a wheeled all-terrain vehicle upon a city street is subject to all of the duties that Chapter 46.61 RCW et seq. imposes on an operator of a vehicle, except as to those provisions thereof which by their nature can have no application. (Ord. 877 § 1 (part), 2016)
10.36.070 Prohibited uses.
A. No person shall operate or ride a wheeled all-terrain vehicle in a negligent or unsafe manner, as determined in the sole discretion of any law enforcement officer or city official responsible for enforcement of this chapter, but must operate it with reasonable regard for his or her own safety and for the safety of others.
B. No person shall tow any trailers, devices, equipment or persons behind the wheeled all-terrain vehicle.
C. No person shall operate a wheeled all-terrain vehicle side-by-side with another wheeled all-terrain vehicle or other vehicle in a single lane of traffic.
D. No person shall carry or transport any other person or passenger on a wheeled all-terrain vehicle, nor shall any other person ride on a wheeled all-terrain vehicle, unless such wheeled all-terrain vehicle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the wheeled all-terrain vehicle. (Ord. 877 § 1 (part), 2016)
10.36.080 Prohibited areas.
A. It is unlawful to operate a wheeled all-terrain vehicle on a sidewalk.
B. It is unlawful to operate a wheeled all-terrain vehicle in a park, except on a park drive or in a designated parking lot.
C. It is unlawful to operate a wheeled all-terrain vehicle on any pedestrian trail or bridge where the operation of motorized vehicles is prohibited. (Ord. 877 § 1 (part), 2016)
10.36.090 Violation—Penalty.
Any person who violates a provision of this chapter is guilty of a traffic infraction and will be punished by the imposition of a monetary penalty as authorized by RCW 46.09.490, as existing or hereafter amended; provided, that conduct that constitutes a criminal traffic offense may be charged as such and is subject to the maximum penalties allowed for such offenses. (Ord. 877 § 1 (part), 2016)
10.36.100 Severability.
Each separate provision of this chapter is independent of all other provisions. If any provision of the chapter, or any part thereof, is declared invalid, all other provisions, or parts thereof, remain valid and enforceable. (Ord. 877 § 1 (part), 2016)