Chapter 10.09
WHEELED ALL-TERRAIN VEHICLES
Sections:
10.09.020 Use of wheeled all-terrain vehicle on city streets.
10.09.030 Restrictions on use of wheeled all-terrain vehicles on city streets.
10.09.040 Requirements for wheeled all-terrain vehicle.
10.09.050 Duty to obey traffic control devices and rules of the road.
10.09.060 Prohibited areas and activities.
10.09.080 Violation – Penalty.
10.09.010 Definitions.
When used in this chapter, the city defines the words and phrases listed below as follows:
A. “City” means the city of Castle Rock, its elected officials, its employees, and its 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. “Helmet” has the same meaning as provided in RCW 46.37.530 as it now exists or may hereafter be amended.
D. “Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in state statute, rule, or regulation.
E. “Sidewalk” has the same meaning as provided in RCW 35.69.010 as it now exists or may hereafter be amended.
F. “Wheeled all-terrain vehicle (WATV)” means a four-wheeled vehicle where operator and passenger sit side by side in the vehicle, manufactured primarily for recreational non-highway all-terrain use, as further described by the Washington Model Traffic Ordinance adopted by the city of Castle Rock (CRMC 10.04.010). [Ord. 2022-07 § 1, 2022].
10.09.020 Use of wheeled all-terrain vehicle on city streets.
Subject to the restrictions and requirements set forth in this chapter and Chapter 46.09 RCW, a 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 35 miles per hour or less. [Ord. 2022-07 § 1, 2022].
10.09.030 Restrictions on use of wheeled all-terrain vehicles on city streets.
A. A person who operates a wheeled all-terrain vehicle on city streets as authorized in this chapter, and all passengers riding in or upon a wheeled all-terrain vehicle, must wear a securely fastened DOT approved helmet while the vehicle is in motion unless it has an original equipment manufacturing (OEM) roll over protection system (ROPS).
B. All occupants of a WATV shall wear safety belts. Safety belts are required even if not provided by the manufacturer. Child restraints as required in RCW 46.61.687.
C. A person may not operate a wheeled all-terrain vehicle upon a city street with a speed limit in excess of 35 miles per hour; however, a person may cross a city street with a speed limit in excess of 35 miles per hour at an intersection if the crossing begins and ends on a city street with a speed limit of 35 miles per hour or less and occurs at an intersection of approximately 90 degrees, or begins or ends on a residential or commercial driveway and the opposite, intersection city street has a speed limit of 35 miles per hour or less.
D. A person may only operate a wheeled all-terrain vehicle on city streets with the appropriate current and proper on-road vehicle registration affixed to the rear of the wheeled all-terrain vehicle in compliance with RCW 46.09.442. [Ord. 2022-07 § 1, 2022].
10.09.040 Requirements for wheeled all-terrain vehicle.
A. A wheeled all-terrain vehicle operated on a city street must comply with all equipment requirements of RCW 46.09.457 including, but not limited to, headlights, tail lamps, stop lamps, reflectors, turn signals, seat belts, mirrors, windshields, horns, brakes, spark arresters, and muffling devices. An adequate and operating muffling device must be installed and must comply at all times with RCW 46.09.457, as it now exists or may hereafter be amended.
B. Meet all equipment requirements, be certified by a Washington State licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop, and declaration requirements in accordance with RCW 46.09.457. Documentation of safety inspection required by RCW 46.09.457(1)(b)(i) must be carried in the vehicle and provided to a duly licensed law enforcement officer upon request.
C. Comply with all Washington State registration requirements in accordance with RCW 46.09.410 and 46.09.420 and WATV use permits in accordance with RCW 46.09.430, with the following additions:
1. Decals required by RCW 46.09.410(7) shall be affixed to the WATV where it is clearly visible. [Ord. 2022-07 § 1, 2022].
10.09.050 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 are applicable 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 the duties Chapters 46.09 and 46.61 RCW et seq. impose on an operator of a vehicle, except those provisions which by their nature have no application. [Ord. 2022-07 § 1, 2022].
10.09.060 Prohibited areas and activities.
A. It is unlawful to operate a wheeled all-terrain vehicle on a sidewalk, walkway, pedestrian trail, or bridge where the operation of motorized vehicles is prohibited.
B. No operator may use any WATV to pull a sled, toboggan, inner tube, wagon, trailer, or any other similar device.
C. It is unlawful to operate a wheeled all-terrain vehicle in a park, except on a park drive or in a designated parking lot. [Ord. 2022-07 § 1, 2022].
10.09.070 Exemptions.
This chapter shall not apply to an appropriate local, state and/or federal agency engaged in emergency management, as defined by state law, or to those individuals associated with such agencies and engaged in search and rescue operations, as defined by state law, or law enforcement agencies, or city personnel when operation of any such vehicle is in accordance with the scope of the official duties of the agency. [Ord. 2022-07 § 1, 2022].
10.09.080 Violation – Penalty.
A. It is a violation of this chapter for any person or WATV to operate on city streets inconsistent with this chapter. Any person violating this chapter shall be guilty of a traffic infraction punishable in accordance with Chapter 46.63 RCW; provided, conduct that constitutes a criminal traffic offense may be charged as such and subject to the maximum penalties allowed for such offenses.
B. In addition to the penalties provided in this chapter the owner and/or operator of any nonhighway vehicle shall be liable for any damage to property including, but not limited to, damage to trees, shrubs, or growing crops as the result of operating a WATV. The owner of such property may recover from the person responsible three times the amount of damage per RCW 46.09.490(2). [Ord. 2022-07 § 1, 2022].