Chapter 10.24
MOTORIZED FOOT SCOOTERS, BICYCLES AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
Sections:
10.24.030 Rules of operation – Motorized foot scooters.
10.24.040 Rules of operation – EPAMDs.
10.24.050 Rules of operation – Bicycles.
10.24.060 Removal of factory-installed braking equipment.
10.24.090 Violation – Enforcement authority and penalties.
10.24.100 Alternative penalty for minor children.
10.24.010 Purpose.
This chapter is enacted as an exercise of the authority of the city of Burlington to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. (Ord. 1558 § 1, 2004).
10.24.020 Definitions.
A. “Approved helmet” means a head covering designed for safety that shall meet or exceed the requirements of safety standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z-00.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the ASTM (American Society for Testing and Materials), or such subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet must be equipped with either a neck- or chin-strap that shall be fastened securely while the wheeled vehicle is in motion.
B. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter. (Statutory reference: RCW 46.04.071.)
C. “Electric-assisted bicycle” means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle’s electric motor must have a power output of no more than 1,000 watts, be incapable of propelling the device at a speed of more than 20 miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond 20 miles per hour. (Statutory reference: RCW 46.04.169.)
D. “EPAMD” or “electric personal assistive mobility device” means an electric personal assistive mobility device, which is a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of 750 watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing 170 pounds, of less than 20 miles per hour. (Statutory reference: RCW 46.04.1695.)
E. “Hours of darkness” means the hours from one-half hour after sunset to one-half hour before sunrise, and any other time when persons or objects may not be clearly discernible at a distance of 500 feet. (Statutory reference: RCW 46.04.200.)
F. “Minor child” shall mean a person under the age of 16 years.
G. “Moped” means a motorized device designed to travel with not more than three 16-inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding 50 cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) that is capable of propelling the device at not more than 30 miles per hour on level ground. The term shall also include a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and application to motorized devices which do meet these specific criteria as determined by the Washington State Patrol. (Statutory reference: RCW 46.04.304.)
H. “Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor that produces not to exceed five brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft). A “motor-driven cycle” does not include a moped, a power wheelchair, a motorized foot scooter, or an electric personal assistive mobility device. (Statutory reference: RCW 46.04.332.)
I. “Motorized foot scooter” means a device with no more than two 10-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. A motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter. (Statutory reference: RCW 46.04.336.)
J. “Muffler” means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom. (Statutory reference: RCW 46.04.340.)
K. “Pedestrian” means any person who is afoot or who is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power other than a bicycle. (Statutory reference: RCW 46.04.400.)
L. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively. (Statutory reference: RCW 46.04.500.)
M. “Sidewalk” or “walkway” means that property between the curb lines or the lateral lines of a roadway 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 public highway and dedicated to use by pedestrians. (Statutory reference: RCW 46.04.540.)
N. “Vehicle” includes every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. (Statutory reference: RCW 46.04.670). (Ord. 1558 § 1, 2004).
10.24.030 Rules of operation – Motorized foot scooters.
The following rules of operation shall apply to motorized foot scooters:
A. Minimum Age of Operator. No person under 16 years of age may operate a motorized foot scooter on a roadway, shoulder or alley.
B. Speed Limit. Motorized foot scooters shall not be operated on roadways with a speed limit of greater than 25 miles per hour, unless the motorized foot scooter is operated within a designated and marked bicycle lane.
C. Passengers. At no time shall the operator of a motorized foot scooter allow a passenger to ride on the motorized foot scooter.
D. Prohibited Areas. Motorized foot scooters shall not be operated on city-owned property, within city parks, upon sidewalks, or any similar place where motor vehicles are expressly prohibited. Except as otherwise provided in this section, and subject to the provisions of subsection B of this section, motorized foot scooters may be operated on roadways, roadway shoulders, bicycle lanes, and alleys.
E. Rules of the Road. Operators of motorized foot scooters shall adhere to all rules of the road applicable to vehicles, including those set forth in chapter 46.61 RCW and excepting only those provisions of chapter 46.61 RCW which by their nature can have no application.
F. Lights and Reflectors. Every motorized foot scooter shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the State Patrol which shall be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from the rear may be used in addition to the red reflector. Such lamps shall comply with the provisions of RCW 46.37.280.
G. Negligent Operation. Motorized foot scooters shall not be operated in a negligent manner upon any roadway. For the purpose of this section, “to operate in a negligent manner” means to operate a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property or to obstruct, hinder or impede the lawful course of travel of any vehicle or the lawful use by any pedestrian of any roadway, sidewalk, alley, parking area, trail or public park.
H. Engine Disengagement. Motorized foot scooters shall be equipped so that the drive motor is engaged through a switch, lever, or other mechanism that, when released, will cause the drive motor to disengage or cease to function.
I. Mufflers. Operation of a motorized foot scooter without a muffler in good working order and in constant operation to prevent excessive or unusual noise, or operation with a modified muffler, is unlawful. (Ord. 1558 § 1, 2004).
10.24.040 Rules of operation – EPAMDs.
The following rules of operation shall apply to EPAMDs:
A. Minimum Age of Operator. No person under 16 years of age may operate an EPAMD on a roadway, shoulder or alley.
B. Speed Limit. EPAMDs shall not be operated on roadways with a speed limit of greater than 25 miles per hour, unless the EPAMD is operated within a designated and marked bicycle lane.
C. At no times shall the operator of an EPAMD allow a passenger to ride on the EAPMD.
D. Negligent Operation. EPAMDs shall not be operated in a negligent manner upon any roadway. For the purpose of this section, “to operate in a negligent manner” means to operate an EPAMD in such a manner as to endanger or be likely to endanger any person or property or to obstruct, hinder or impede the lawful course of travel of any vehicle or the lawful use by any pedestrian of any roadway, sidewalk, alley, parking area, trail or public park.
E. Rules of the Road. Operators of EPAMDs shall adhere to all rules of the road applicable to vehicles, including those set forth in chapter 46.61 RCW and excepting only those provisions of chapter 46.61 RCW which by their nature can have no application. (Ord. 1558 § 1, 2004).
10.24.050 Rules of operation – Bicycles.
The following rules of operation shall apply to bicycles:
A. Obedience to Traffic Control Devices.
1. Any person operating a bicycle shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police officer.
2. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle at the right-hand curb or as close as is practicable to the right edge of the right-hand shoulder to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians (i.e., stop, dismount, and walk to cross the roadway or make a left-hand turn). (Reference: WAC 308-330-545.)
B. Passengers. At no time shall a bicycle rider allow a passenger to ride on the bicycle, unless such bicycle is equipped with a seat or device intended to accommodate a passenger. For the purposes of this section, freestyle pegs attached to the front or back axles of a bicycle shall not constitute a device intended to accommodate a passenger.
C. Parking. No person shall park a bicycle upon a highway other than:
1. Off the roadway except in designated areas;
2. Upon the sidewalk in a rack to support the bicycle;
3. Against a building; or
4. In such manner as to afford the least obstruction to pedestrian traffic. (Reference: WAC 308-330-550.)
D. Bicycles – Riding on Sidewalks.
1. A person may ride a bicycle on any sidewalk or any roadway unless restricted or prohibited by traffic control devices.
2. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian. (Reference: WAC 308-330-555.)
E. Lights. Every bicycle when in use at any time during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp and reflectors as set forth in RCW 46.61.780.
F. Negligent Operation. Bicycles shall not be operated in a negligent manner upon any roadway. For the purpose of this section, “to operate in a negligent manner” means to operate a bicycle in such a manner as to endanger or be likely to endanger any person or property or to obstruct, hinder or impede the lawful course of travel of any vehicle or the lawful use by any pedestrian of any roadway, sidewalk, alley, parking area, trail or public park. (Ord. 1926 § 1, 2022; Ord. 1558 § 1, 2004).
10.24.060 Removal of factory-installed braking equipment.
It is unlawful to operate a bicycle, motorized foot scooter, or EPAMD on a public roadway, sidewalk, or on public property when the bicycle, motorized foot scooter, or EPAMD has had factory-installed brakes removed or altered to the extent that the braking device is ineffective. (Ord. 1558 § 1, 2004).
10.24.070 Helmets required.
A. Any minor child riding or otherwise operating any bicycle, electric-assisted bicycle, EPAMD, or motorized foot scooter, including any passenger thereon and/or person being towed thereby, on any public area in the city shall wear an approved helmet, and shall have either the neck- or chin-strap of the helmet fastened securely while the device is in motion.
B. Penalties – Civil Infraction. Any person violating subsection A of this section shall have committed a class 4 civil infraction and shall be liable for monetary penalties as set forth in RCW 7.80.120, as that statute now exists or may hereafter be amended.
C. The court may waive, reduce or suspend the civil penalty and clear the civil infraction as a warning for a person who has not been cited under this chapter within the previous year and provides proof that he or she has acquired an approved helmet at the time of appearance in court.
D. The city of Burlington encourages any person engaging in the business of selling bicycles, electric-assisted bicycles, EPAMDs, motorized foot scooters, skateboards, or skates to include information on helmet safety and the helmet requirements of this chapter with each bicycle or device sold.
E. The city encourages any person engaging in the business of selling helmets to include information on safe helmet usage with each helmet sold. (Ord. 1558 § 1, 2004).
10.24.080 Responsibility.
No person shall do any act forbidden by this chapter or fail to perform any act required in this chapter. The parent or guardian of any child shall not authorize or knowingly permit any such child to violate any of the provisions of this chapter. (Ord. 1558 § 1, 2004).
10.24.090 Violation – Enforcement authority and penalties.
The city of Burlington police department shall be responsible for enforcing the provisions of this chapter. Upon determining that a violation of this chapter has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the following amounts to any person, including a parent or guardian, violating any of the provisions of this chapter. In addition to issuing an infraction, law enforcement officers may impound motorized foot scooters in accordance with BMC 10.24.100. The following monetary penalties shall apply:
A. First offense: $90.00;
B. Second offense: $180.00;
C. Third and future offenses: $250.00. (Ord. 1558 § 1, 2004).
10.24.100 Alternative penalty for minor children.
In lieu of the penalty described in BMC 10.24.090, any commissioned Burlington police officer may, in the officer’s discretion, utilize the following penalty provision for violations by minor children of this chapter relating to bicycles and motorized foot scooters. For purposes of this section, the city council of the city of Burlington hereby finds that there is a compelling governmental interest in imposing the following discretionary penalty section for minor children, in order to encourage parental intervention and responsibility for the violations of the minor children. The city further finds that impoundment is more likely to prevent repeat offenses by minors than the imposition of monetary penalties.
A. First Offense. On the child’s first offense in a 365-day period, the city may issue a written warning and notification of the child’s parent or guardian of the violation.
B. Second Offense. On the child’s second offense in a 365-day period, the city may issue a written notice of violation and the investigating officer may take custody of the bicycle or motorized foot scooter and hold for safekeeping until the child’s parent or guardian claims the bicycle or motorized foot scooter.
C. Third and Subsequent Offense(s). On the child’s third offense in a 365-day period, the city shall include a civil fine not to exceed $47.00. The arresting officer may take custody of the bicycle or motorized foot scooter and hold for safekeeping for 30 days.
D. Forfeiture of a Bicycle or Motorized Foot Scooter. As authorized by WAC 308-330-565 and chapter 63.32 RCW, impounded bicycles, skates or motorized foot scooters may be forfeited to the Burlington police department if unclaimed within 60 days of the impound. (Ord. 1558 § 1, 2004).