Chapter 10.28
MOTORIZED FOOT SCOOTERS AND OTHER WHEELED DEVICES ON PUBLIC ROADWAYS
Sections:
10.28.040 Noise restrictions – Mufflers required.
10.28.050 Penalty for violation.
10.28.060 Alternative penalty for violation.
10.28.010 Definitions.
A. "Motorized foot scooters" shall have the same definition as set forth in RCW 46.04.336, as now or hereafter amended.
B. "Wheeled devices" shall mean all other wheeled devices designed to be stood or sat upon by the operator and powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion and that is not required to obtain and display a Washington State vehicle license. For purposes of this chapter, wheeled device does not include motorcycles as defined in RCW 46.04.330, motor driven cycles as defined in RCW 46.04.332, mopeds as defined in RCW 46.04.304, electric-assisted bicycles as defined in RCW 46.04.169, electric personal mobility devices as defined in RCW 46.04.1695, or power wheelchairs as defined in RCW 46.04.415, and further does not include any device used by any person because of medical necessity.
C. "Public roadway" shall include all "city streets" as defined in RCW 46.04.120, "highways" as defined in RCW 46.04.197, and "public ways" as defined in MCMC 10.04.090(D) within the city.
D. "Rules of the road" shall mean all rules applicable to vehicle or pedestrian traffic as set forth in state statute, rule, or regulation and as set forth in this code.
E. "Helmet" shall mean a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chinstrap 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. (Ord. 2004-595 § 1)
10.28.020 Operation of motorized foot scooters and other wheeled devices prohibited – Conditions – Negligence.
A. It is unlawful for any person to operate a motorized foot scooter or other wheeled device:
1. On any public roadway unless such person is 16 years of age or older;
2. With a passenger in addition to the operator;
3. On any public roadway with a maximum speed limit above 25 miles per hour, unless the device is operated within a designated bicycle lane;
4. In any park;
5. Upon any bicycle lane or multipurpose trail, unless the bicycle lane or multipurpose trail is designated and signed to allow motorized foot scooters and other wheeled devices;
6. Upon any sidewalk as regulated in Chapter 10.16 MCMC, except as may be necessary to enter or leave adjacent property;
7. On any posted private or public property; or
8. At any time from sunset to sunrise.
B. Any person operating a motorized foot scooter or other wheeled device shall obey all the rules of the road, as well as the instructions of posted traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer.
C. No motorized foot scooter or other wheeled device 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 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 15 miles per hour shall be prima facie evidence of operation in a negligent manner. (Ord. 2004-595 § 1)
10.28.030 Helmets required.
Any person operating a motorized foot scooter or other wheeled device upon any public roadway shall wear a helmet and shall have the neck or chinstrap of the helmet fastened securely while the motorized foot scooter or other wheeled device is in motion. (Ord. 2004-595 § 1)
10.28.040 Noise restrictions – Mufflers required.
A. No motorized foot scooter or other wheeled 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 regulations, Chapter 9.14 MCMC.
B. It is unlawful to sell or operate a motorized foot scooter or other wheeled device 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. 2004-595 § 1)
10.28.050 Penalty for violation.
Any person violating the provisions of this chapter shall have committed a traffic infraction and shall be assessed a monetary penalty not to exceed $250.00. (Ord. 2004-595 § 1)
10.28.060 Alternative penalty for violation.
A. Any person under the age of 16 violating the provisions on this chapter shall have committed a traffic infraction and may be assessed a penalty as follows:
1. A police officer may take custody of the motorized foot scooter or other wheeled device.
2. The police officer must provide the person with a written notice setting forth the procedure for reclaiming the motorized foot scooter or other wheeled device.
3. The procedure for reclaiming the motorized foot scooter or other wheeled device shall be promulgated by the chief of police.
4. Only the parent or legal guardian of the juvenile offender or an adult owner can reclaim a motorized foot scooter or other wheeled device impounded pursuant to this section.
5. A $50.00 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.
B. If the police officer does not impound the motorized foot scooter or other wheeled device, he or she may release it only to an adult as specified in section (A)(4) of this section.
C. Any person penalized under this section shall not be penalized under MCMC 10.28.050.
D. The parent of any child or the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any provision of this chapter. (Ord. 2004-595 § 1)