Chapter 10.32
WHEELED ALL-TERRAIN VEHICLES
Sections:
10.32.020 Use of wheeled all-terrain vehicle on city streets.
10.32.030 Restrictions on use of wheeled all-terrain vehicle on city streets.
10.32.040 Requirements of WATV.
10.32.050 Operation by persons under 16.
10.32.060 Registration requirements of a WATV.
10.32.070 Duty to obey traffic control devices and rules of the road.
10.32.090 Violation – Penalty.
10.32.010 Definitions.
Terms shall have the following meanings when used in this chapter:
“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 corporate limits of the city.
“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 the private property parallel and in proximity to a city street and dedicated to use by pedestrians.
“Wheeled all-terrain vehicle (WATV)” 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 (UTV) 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; or
(b) Has a minimum weight of at least 900 pounds; or
(c) Has a wheelbase of over 61 inches. (Ord. 17-009 § 1).
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. 17-009 § 1).
10.32.030 Restrictions on use of wheeled all-terrain vehicle on city streets.
(1) A person who operates a wheeled all-terrain vehicle must wear a securely fastened DOT approved motorcycle helmet while said vehicle is in motion, unless the WATV is equipped with seat belts and roll bars or an enclosed passenger compartment.
(2) A person may not operate a WATV upon a city street with a speed limit in excess of 35 miles per hour.
(3) A person may operate a WATV 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.
(4) A WATV shall not be operated in a negligent or unsafe manner.
(5) A person may not operate a WATV side by side with another WATV in a single lane of travel.
(6) WATVs are subject to Chapter 46.55 RCW (Vehicle towing and impoundment). (Ord. 17-009 § 1).
10.32.040 Requirements of WATV.
A WATV operated on a city street must comply with the following equipment requirements:
(1) Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion;
(2) 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 (UTV), 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;
(3) A stop lamp meeting the requirements of RCW 46.37.200;
(4) Reflectors meeting the requirements of RCW 46.37.060;
(5) During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200;
(6) Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310;
(7) 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 UTV, as described under RCW 46.09.310(19), must have two mirrors meeting the requirements of RCW 46.37.400;
(8) 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;
(9) A horn or warning device meeting the requirements of RCW 46.37.380;
(10) Brakes in working order;
(11) A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and
(12) For UTVs, as described under RCW 46.09.310(19), seatbelts meeting the requirements of RCW 46.37.510. (Ord. 17-009 § 1).
10.32.050 Operation by persons under 16.
A person under the age of 16 may not operate a WATV. (Ord. 17-009 § 1).
10.32.060 Registration requirements of a WATV.
A WATV operated on a city street must comply with all the registration requirements of Chapter 46.09 RCW. (Ord. 17-009 § 1).
10.32.070 Duty to obey traffic control devices and rules of the road.
Unless a law enforcement officer directs otherwise, a person operating a WATV must obey all rules of the road that apply to vehicle or pedestrian traffic under the laws of the state and the city and must obey the instructions of official traffic control signals, signs, and other control devices applicable to vehicles. A person operating a WATV upon a city street is subject to all of the duties that Chapter 46.61 RCW imposes on an operator of a vehicle, except as those provisions thereof which by their nature can have no application. (Ord. 17-009 § 1).
10.32.080 Prohibited areas.
WATVs shall not be operated in the following areas:
(1) On a sidewalk unless for the sole purpose of assisting with snow removal.
(2) In a park, except on a park drive or in a designated parking lot. (Ord. 17-009 § 1).
10.32.090 Violation – Penalty.
A person who violates a provision of this chapter is guilty of a traffic infraction and will be charged accordingly. Conduct that constitutes a criminal traffic offense may be charged as such and is subject to the maximum penalties allowed for such offense. (Ord. 17-009 § 1).