Chapter 10.32
WHEELED ALL-TERRAIN VEHICLES
Sections:
10.32.020 Use of wheeled all-terrain vehicle on city streets.
10.32.030 Use for the good of the community.
10.32.040 Restrictions on use of wheeled all-terrain vehicle in the city.
10.32.050 Equipment requirements of a wheeled all-terrain vehicle.
10.32.060 Registration and insurance requirements of a wheeled all-terrain vehicle.
10.32.070 Duty to obey traffic-control devices and rules of the road.
10.32.110 Violation – Penalty.
10.32.010 Definitions.
When used in this chapter, the city defines the words and phrases listed below as follows:
“City” means the city of Colville, its elected officials, its employees, and its agents.
“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.
“Motorcycle helmet” has the same meaning as provided in RCW 46.37.530.
“Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in state statute, rule or regulation.
“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.
“Wheeled all-terrain vehicle” means (1) any motorized nonhighway vehicle with handlebars that is 50 inches or less in width, has a seat height of at least 20 inches, weighs less than 1,500 pounds, and has four tires having a diameter of 30 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 20 psi or less, has a maximum width less than 74 inches, has a maximum weight less than 2,000 pounds, has a wheelbase of 110 inches or less, and satisfies at least one of the following: (a) has a minimum width of 50 inches; (b) has a minimum weight of at least 900 pounds; or (c) has a wheelbase of over 61 inches. A wheeled all-terrain vehicle is an off-road vehicle for the purposes of Chapter 4.24 RCW. (Ord. 1557 NS, 2016).
10.32.020 Use of wheeled all-terrain vehicle on city streets.
Subject to the restrictions and requirements set forth in this chapter, 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. 1557 NS, 2016).
10.32.030 Use for the good of the community.
The use of WATVs shall be permitted on city sidewalks for plowing snow. WATV owners are allowed to plow snow in front of their residence, and in front of other residences upon request of the owner or occupant of the residence. (Ord. 1557 NS, 2016).
10.32.040 Restrictions on use of wheeled all-terrain vehicle in the city.
A. Except for persons operating or riding in:
1. A wheeled all-terrain vehicle equipped with seat belts and roll bars and with the seat belt fastened; or
2. A wheeled all-terrain vehicle with an enclosed passenger compartment equipped with seat belts and with the seat belt fastened.
It is a traffic infraction for any person to operate or ride a wheeled all-terrain vehicle on a nonhighway road without wearing upon his or her head a motorcycle helmet fastened securely while in motion.
B. 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 a controlled 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;
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;
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 are subject to Chapter 46.55 RCW. (Ord. 1581 NS § 1, 2017; Ord. 1557 NS, 2016).
10.32.050 Equipment requirements of a wheeled all-terrain vehicle.
A wheeled all-terrain vehicle operated on a city street must comply with the following equipment requirements:
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 operator 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 operator a complete view of the city street for a distance of at least 200 feet to the rear of the vehicle; 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 operator wears glasses, goggles, or a face shield while operating the vehicle, 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. 1557 NS, 2016).
10.32.060 Registration and insurance requirements of a wheeled all-terrain vehicle.
A. A wheeled all-terrain vehicle operated on a city street must comply with all the registration requirements of Chapter 46.09 RCW. A wheeled all-terrain vehicle may not be registered for commercial use under RCW 46.09.442.
B. Wheeled all-terrain vehicle operators will carry the Washington State minimum required liability insurance as found in RCW 46.29.090 for vehicles registered under Chapter 46.16A RCW. (Ord. 1557 NS, 2016).
10.32.070 Duty to obey traffic-control devices and rules of the road.
Unless a police 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. 1557 NS, 2016).
10.32.080 Towing.
WATV operators shall abide by the manufacturer’s guidelines or specifications when towing approved devices. It will be unlawful for any WATV to pull any sled, toboggan, trailer or other device except by means of a rigid tow bar connecting the same to such device. No person shall be pulled in any fashion by a WATV. (Ord. 1557 NS, 2016).
10.32.090 Prohibited uses.
A. No person may operate or ride a wheeled all-terrain vehicle in a negligent or unsafe manner, but must operate it with reasonable regard for his or her own safety and for the safety of others.
B. No person may operate a wheeled all-terrain vehicle side-by-side in a single lane of traffic. (Ord. 1557 NS, 2016).
10.32.100 Prohibited streets.
A. It is unlawful to operate a wheeled all-terrain vehicle on Highway 395 from the south roundabout to the north roundabout, not including the roundabouts. This route is commonly known as “Main Street.”
B. It is unlawful to operate a wheeled all-terrain vehicle on Oak Street from 3rd Avenue to Birch Avenue.
C. A person may cross a prohibited street at a controlled 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. (Ord. 1557 NS, 2016).
10.32.110 Violation – Penalty.
A 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 not to exceed $250.00, exclusive of statutory assessments; 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. 1557 NS, 2016).
10.32.120 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. 1557 NS, 2016).