Chapter 16.47
MOTORIZED FOOT SCOOTERS
Sections:
16.47.020 Operation of motorized foot scooters.
16.47.030 Parent responsibility.
16.47.040 Violation – Enforcement authority and penalties.
16.47.050 Seizure and forfeiture.
16.47.060 Helmet required – Defined.
16.47.010 Definitions.
“Motorized foot scooter” means a device with no more than two 10-inch or smaller diameter wheels that has handlebars, 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. (Ord. 1371 § 1, 2005).
16.47.020 Operation of motorized foot scooters.
(a) Motorized foot scooters shall not be operated upon a public roadway by any person under 16 years of age.
(b) Motorized foot scooters shall not be operated on public roadways with a speed limit of greater than 25 miles per hour.
(c) Operators of motorized foot scooters shall adhere to all rules of the road applicable to motorized vehicles.
(d) Motorized foot scooters shall not be operated on city-owned property, city parks, sidewalks or any other place where motorized vehicles are expressly prohibited.
(e) Motorized foot scooters shall not be operated at any time during one half-hour after sunset to one half-hour before sunrise without reflectors of a type approved by the State Patrol.
(f) At no time shall a passenger be allowed to ride on a motorized foot scooter.
(g) Motorized foot scooters shall not be operated in a negligent manner upon any roadway or city right-of-way within the city of Fircrest. For the purposes of this section, “to operate in a negligent manner” means to operate a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property or to obstruct, hinder or impede the lawful course of travel of any motor vehicle or the lawful use by any pedestrian of public streets, sidewalks, alleys, parking areas, trails or public parks within the city of Fircrest.
(h) Motorized foot scooters shall be equipped so that the drive motor is engaged through a switch, lever, or other mechanism that, when released, will cause the drive motor to disengage or cease to function.
(i) Every motorized foot scooter shall be equipped with a brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement.
(j) Every gas motorized foot scooter shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
(k) The use of a cutout, bypass, or similar muffler elimination device is prohibited on any gas motorized foot scooter. (Ord. 1371 § 2, 2005).
16.47.030 Parent responsibility.
It is unlawful for any parent, guardian or other person having control or custody of a minor child to allow said minor to operate a motorized foot scooter in violation of this chapter. (Ord. 1371 § 3, 2005).
16.47.040 Violation – Enforcement authority and penalties.
The city of Fircrest police department personnel shall be responsible for enforcing the provisions of this chapter. Upon determining a violation of this chapter has occurred, law enforcement officers may, at their discretion, issue a traffic infraction in the following amounts to any person, including a parent or guardian, violating any of the provisions of this chapter. In any case, the amount shall not exceed $101.00. In addition to issuing an infraction, law enforcement officers may impound the motorized foot scooter in accordance with FMC 16.47.050, and may sell or destroy seized property upon order of the court in accordance with FMC 16.47.050. Each act in violation of any of the provisions hereof shall be deemed a separate traffic infraction offense. A monetary penalty of $52.00 shall also be imposed for failure to respond to the notice of infraction relating to motorized foot scooters. (Ord. 1371 § 4, 2005).
16.47.050 Seizure and forfeiture.
All motorized foot scooters operated in violation of this chapter are subject to seizure and forfeiture in the following manner:
(a) First Seizure. Any person who has property seized for the first time pursuant to this chapter may prevent forfeiture of said property by contacting the Fircrest police department within 10 days of receipt of notice of violation and request the property be returned. All monetary penalties imposed must be paid prior to release of seized property.
(b) Second Seizure. Any person who has property seized a second time pursuant to this chapter may cause the property to be impounded for a period of no less than 10 days from receipt of notice of violation. All monetary penalties imposed must be paid prior to the release of property.
(c) Third and Future Seizures. Any person who has property seized a third or more times pursuant to this chapter shall cause the property to be subject to forfeiture. The Fircrest chief of police, or designee, may apply to the court for an order of forfeiture in accordance with RCW 35.20.250. (Ord. 1371 § 5, 2005).
16.47.060 Helmet required – Defined.
Any person operating a motorized foot scooter on any public area in the city of Fircrest shall wear an approved helmet designed for safety and shall have either the neck or chin strap of the helmet fastened securely while the motorized foot scooter is in motion.
“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 required by the Federal Consumer Products Safety Commission as adopted by the Code of Federal Regulations 16 CFR 1203.
Any person violating the provisions of this section shall be deemed to have committed a traffic infraction and shall be subject to the penalties set forth in FMC 16.47.040. (Ord. 1371 § 6, 2005).