Chapter 11.55
MOTORIZED FOOT SCOOTERS
Sections:
11.55.020 Duty to obey traffic-control devices and rules of the road.
11.55.030 Unsafe use prohibited.
11.55.050 Requirements for operating motorized foot scooters.
11.55.070 Violation—Alternative penalty for minor children.
11.55.080 Forfeiture of a motorized foot scooter.
11.55.010 Definitions.
A. “Motorized foot scooter” means a device with one or more ten-inch or smaller diameter wheels that has handlebars, steering wheel, or some other steering device, 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.
B. “To operate in a negligent manner” means the operation of a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property. Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic control devices, and failure to yield right-of-way to pedestrians and/or vehicular traffic.
C. “Helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a label as required by the Federal Consumer Products Safety Commission and as adopted by the Code of Federal Regulations (CFR) at 16 CFR 1203 titled “Safety Standards for Bicycle Helmets.” (Ord. 2135 § 1 (part), 2004).
11.55.020 Duty to obey traffic-control devices and rules of the road.
Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord. 2135 § 1 (part), 2004).
11.55.030 Unsafe use prohibited.
No motorized foot scooter shall be operated in a negligent manner. All motorized foot scooters shall be operated with reasonable regard for the safety of the operator and other persons. (Ord. 2135 § 1 (part), 2004).
11.55.040 Prohibited areas.
It is unlawful for any person to operate any motorized foot scooter upon any sidewalk, pathway, nonpublic roadways or paths within city parks, publicly owned parking lot, privately owned parking lot without the permission of the owner, or streets with a maximum speed limit above twenty-five miles per hour. (Ord. 2135 § 1 (part), 2004).
11.55.050 Requirements for operating motorized foot scooters.
No person shall operate a motorized foot scooter within the city limits unless the following requirements are met:
A. Minimum Age. No motorized foot scooter shall be operated on any street or other public area not otherwise prohibited by this chapter unless the operator is at least fourteen years of age.
B. Helmet Required. Any person operating a motorized foot scooter upon any public area in the city of Centralia shall wear an approved helmet.
C. Passengers. No person shall transport or tow another person on, in or with a motorized foot scooter upon any public area within the city of Centralia.
D. Lighting Required. Every motorized foot scooter operated between one-half hour after sunset and one-half hour before dawn shall be equipped with a lamp on the front, which shall emit a white light visible from a distance of at least five hundred feet to the front.
E. Reflector Required. Every motorized foot scooter operated between one-half hour after sunset and one-half hour before dawn shall be equipped with a red reflector on the rear of the scooter in the manner and of a type approved by the Washington State Patrol. Said reflector shall be visible from all distances up to six hundred feet to the rear. (Ord. 2135 § 1 (part), 2004).
11.55.060 Violation—Penalty.
Violations of this chapter are a Class 3 civil infraction with a maximum penalty of fifty dollars plus statutory assessments. However, violations which constitute criminal traffic offenses may be charged as such and are subject to the maximum penalties allowed for such offenses. (Ord. 2135 § 1 (part), 2004).
11.55.070 Violation—Alternative penalty for minor children.
In lieu of the penalty described above, any city of Centralia police officer may, in their discretion, utilize the following penalty provision for violations by minor children. For purposes of this section, the city council of the city of Centralia 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 three-hundred-sixty-five-day period, the city shall issue a written warning and notification of the child’s parents or guardian of the violation.
B. Second offense: On the child’s second offense in a three-hundred-sixty-five-day period, the city shall issue a written notice of violation and the investigating officer may take custody of the motorized foot scooter and hold for safekeeping until the child’s parent or guardian claims the motorized foot scooter.
C. Third and subsequent offense(s): On the child’s third offense in a three-hundred-sixty-five-day period, the city shall include a civil fine, not to exceed fifty dollars. The arresting officer may take custody of the motorized foot scooter and hold for safekeeping for thirty days. (Ord. 2135 § 1 (part), 2004).
11.55.080 Forfeiture of a motorized foot scooter.
As authorized by WAC 308-330-565 and Chapter 63.32 RCW, an impounded motorized foot scooter may be forfeited to the Centralia police department if unclaimed within sixty days of the impound. (Ord. 2135 § 1 (part), 2004).