Chapter 10.05
MOTORIZED WHEELED TRANSPORTATION DEVICES
Sections:
10.05.020 Locations of operation – Prohibited.
10.05.030 Violation – Penalty.
10.05.040 Issuance of notice of infraction.
10.05.010 Definitions.
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:
A. “Motorized wheeled transportation device” shall mean any device which is not required to be licensed pursuant to RCW 46.16.010, and is propelled by an electric motor or liquid fuel engine, and is intended to transport a person on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a “motorized foot scooter” as that term is defined in RCW 46.04.336 and any electric- or gas-powered scooter or board, motor powered skateboard, “pocket rocket” or miniature motorcycle, all-terrain vehicles or other similar motorized wheeled device, regardless of the manner in which the device is designed; provided, that a motorized wheeled transportation device shall not include any motorized wheeled device defined as follows:
1. Electric-assisted bicycle (RCW 46.04.169).
2. Electric personal assistive mobility device (RCW 46.04.1695).
3. Motorcycle (RCW 46.04.330).
4. Moped (RCW 46.04.304).
5. Motor-driven cycle (RCW 46.04.332).
6. Power wheelchair (RCW 46.04.415).
7. Wheelchair conveyance (RCW 46.04.710).
“Motorized wheeled transportation device” does not include any vehicle that is prohibited by State law from being operated or used in or upon a street or sidewalk.
B. “Park” means and includes all City parks, public squares, park drives, parkways, boulevards, golf courses, and play and recreation grounds under the jurisdiction of the City of Everson.
C. “Public place” means and includes publicly owned, leased or operated parking lots or publicly owned, leased or operated real property, and any public places appropriated to the public for public use, whether improved or unimproved.
D. “Right-of-way” shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and including the sidewalks and shoulder areas.
E. “Sidewalk” means that portion of a right-of-way that excludes the street but includes the sidewalk and shoulder area, whether improved or unimproved.
F. “Street” means that portion of any right-of-way including any highway, avenue, lane, road, street, drive, place, boulevard, alley, and every way or place in the City of Everson open as a matter of right to public vehicular travel. [Ord. 677 § 31, 2008; Ord. 638 § 1, 2005.]
10.05.020 Locations of operation – Prohibited.
The operation or use of motorized wheeled transportation devices shall not be permitted, regardless of the age of the operator, in or upon the following areas:
A. Sidewalks while under power; however, motorized wheeled transportation devices are permitted in or upon public sidewalks under manual power. “Manual power” means that the drive wheel is disengaged from and not propelled by the electric or liquid fuel power source (in neutral) and that the liquid fuel source (combustion engine) is turned off.
B. Parks and improved or natural surface recreational trails or pathways.
C. Public places.
D. Streets.
E. Public rights-of-way. [Ord. 677 § 31, 2008; Ord. 638 § 1, 2005.]
10.05.030 Violation – Penalty.
A. Penalties. Violation of any of the provisions of this chapter is a traffic offense, whether or not the act at issue occurred upon a roadway, and shall be punished as follows; provided, conduct that constitutes a criminal offense may be charged as such and is subject to the maximum penalties allowed for such offenses:
1. First Offense. The first offense shall be a traffic infraction and shall be punished by a penalty of not more than $100.00 including all costs and assessments, and not less than $25.00, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
2. Second Offense. The second offense shall be a traffic infraction and shall be punished by a penalty of not more than $250.00 including all costs and assessments, and not less than $100.00, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
3. Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed $1,000 or imprisonment in jail for a period not to exceed 90 days, or by both such fine and imprisonment. The minimum sentence shall be $250.00 with not less than $150.00 which shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
B. Impound. A law enforcement officer, having probable cause to believe that a violation of this chapter has been committed, shall have the authority to confiscate the motorized foot scooter used in violation of this chapter and hold the same for evidence pending adjudication of the offense.
C. Forfeiture. Upon a conviction for a third or subsequent offense, the court shall during sentencing further determine whether to order a forfeiture of a motorized wheeled transportation device which was ridden or operated in violation of this chapter, unless it is proven to the court by preponderance of the evidence that the defendant is not the owner of the property and the owner did not or could not have reasonably known that the property would be ridden in violation of this chapter. The defendant shall be entitled to a hearing at sentencing on the issue of whether or not the motorized wheeled transportation device is subject to forfeiture. A forfeited motorized foot scooter shall be destroyed or sold at public auction.
D. Everson Municipal Court – Jurisdiction. The Everson Municipal Court shall have jurisdiction to adjudicate, in accordance with applicable laws, any violation of this chapter; provided, that in the event jurisdiction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicate the offense. [Ord. 677 § 31, 2008; Ord. 638 § 1, 2005.]
10.05.040 Issuance of notice of infraction.
Law enforcement officers commissioned by the City of Everson are authorized to issue a notice of infraction upon certification the officer had cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. [Ord. 677 § 31, 2008; Ord. 638 § 1, 2005.]