Chapter 46.80
MOTORIZED FOOT SCOOTERS
Sections:
46.80.020 Definitions—Exemption.
46.80.030 Operation of motorized foot scooters.
46.80.040 Helmets required—Nighttime operation prohibited.
46.80.050 Noise restrictions—Mufflers.
46.80.010 Applicability.
The provisions of this chapter shall apply to motorized foot scooters. The regulations of this chapter shall not apply to any vehicle used by a disabled person in accordance with Chapter 46.19 RCW. (Ord. 3743-20 § 1, 2020: Ord. 2784-04 § 1, 2004)
46.80.020 Definitions—Exemption.
A. “Central business district” means the area in zone UM designated as “Parking Area A” in Chapter 19.34.
B. “City street” means every public highway, as defined in Chapter 46.04 RCW, or part thereof located within the city limits of the city of Everett.
C. “City property” means all property owned or controlled by the city, including without limitation, all city rights-of-way that are not a city street or sidewalk.
D. “Motorized foot scooter” means a device with two or three wheels that has handlebars, a floorboard that can be stood upon while riding, and is powered by an internal combustion engine or electric motor that has a maximum speed of no greater than twenty miles per hour on level ground. For the purposes of this definition, a motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.
E. “Rules of the road” means all rules applicable to vehicle, bicycle, motorized foot scooter, or pedestrian traffic as set forth in state or local law, rule or regulation.
F. “Sidewalk” 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. (Ord. 3743-20 § 2, 2020: Ord. 3440-15 § 8, 2015: Ord. 3139-09 § 1, 2009: Ord. 2784-04 § 2, 2004)
46.80.030 Operation of motorized foot scooters.
A. It is unlawful for any person to operate a motorized foot scooter:
1. In excess of fifteen miles an hour on a city street, sidewalk, or other city property upon which this chapter authorizes the operation of motorized foot scooters;
2. On any city street, sidewalk, or other city property, as authorized by this chapter, unless such person is sixteen years of age or older;
3. With a passenger in addition to the operator;
4. On any city street with a maximum speed limit above thirty miles per hour, unless the device is operated within a designated bicycle lane;
5. On any city property that is not a city street, sidewalk, or paved bicycle lane, except as otherwise expressly authorized by this chapter; provided, that it is unlawful to operate a motorized foot scooter on any sidewalk within the central business district except as necessary to enter or leave adjacent property;
6. In any park; except upon such areas authorized for use by motor vehicles, such as parking lots; or
7. On any private or public property posted to exclude or restrict motorized foot scooters.
B. Any person operating a motorized foot scooter shall obey all the rules of the road, as well as the instructions of official traffic control signals, signs, and other control devices, unless otherwise directed by a police officer.
C. No motorized foot scooter shall be ridden or operated in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. For purposes of this section:
1. To operate in a negligent manner means the operation of a motorized foot scooter or other wheeled recreational device in such a manner as to endanger or be likely to endanger any person or property.
2. Operation of a motorized foot scooter in excess of fifteen miles per hour shall be prima facie evidence of operation in a negligent manner. (Ord. 3743-20 § 3, 2020: Ord. 2784-04 § 3, 2004)
46.80.040 Helmets required—Nighttime operation prohibited.
A. Every motorized foot scooter when in use during the hours of darkness as defined in RCW 46.37.020 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 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 six hundred 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 a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.
B. Regardless of subsection A of this section, motorized foot scooters may not be operated at any time from twelve a.m. to five a.m. (Ord. 3743-20 § 4, 2020: Ord. 3139-09 § 2, 2009: Ord. 2784-04 § 4, 2004)
46.80.050 Noise restrictions—Mufflers.
A. No motorized foot scooter or other wheeled recreational device shall be operated in a manner that creates continuous sound associated with a gasoline-powered engine so as to unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property. Nothing in this section shall limit enforcement of the city’s noise ordinance, Chapter 20.08 of the Everett Municipal Code.
B. It is unlawful to sell or operate a motorized foot scooter that is powered by an internal combustion engine that is not equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. (Ord. 2784-04 § 5, 2004)
46.80.060 Violation—Penalty.
A. Any person violating the provisions of this chapter shall be deemed to have committed a traffic infraction.
B. In lieu of the penalty described above, any Everett police officer may utilize the following penalty provision for a person under sixteen years of age found operating a motorized foot scooter or other wheeled recreational device on city property:
1. The officer may take custody of the device. If the officer does not impound the device, he or she may release it only to an adult.
2. The officer must provide the violator with a written notice setting forth the procedure for reclaiming the device.
3. The procedure for reclaiming the device shall be promulgated by the chief of police.
4. Only the parent or legal guardian of a violator or an adult owner can reclaim a motorized foot scooter or other wheeled recreational device impounded pursuant to this section.
5. A fifty dollar fee for costs of impound and administrative processing shall be paid to the city clerk prior to the release of any property impounded under this alternative penalty.
6. Any unclaimed devices may be disposed of in accordance with state law.
C. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any provision of this chapter. (Ord. 2784-04 § 6, 2004)