Chapter 10.30
MOTORIZED FOOT SCOOTERS
Sections:
10.30.020 Duty to obey traffic-control devices and rules of the road.
10.30.030 Unsafe use prohibited.
10.30.050 Requirements for operating motorized foot scooters.
10.30.060 Violations – Penalties.
10.30.010 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 foot scooter” is 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.
B. “To operate in a negligent manner” means the operation of one or more of the above-described devices in such a manner as to endanger or be likely to endanger any person or property. Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic-control devices, and failure to yield right-of-way to pedestrians and/or vehicular traffic.
C. “Helmet” means a protective covering of 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 16 CFR 1203. (Ord. 2364 § 1, 2004).
10.30.020 Duty to obey traffic-control devices and rules of the road.
Any person operating a bicycle or motorized foot scooter, or similar device, is subject to all of the duties applicable to the driver of a vehicle pursuant to Chapter 46.61 RCW except special regulations in RCW 46.61.750 through 46.61.780 and except for those provisions of Chapter 46.61 RCW which by their nature can have no application. (Ord. 2364 § 2, 2004).
10.30.030 Unsafe use prohibited.
No motorized foot scooter, or similar device, shall be ridden in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. (Ord. 2364 § 3, 2004).
10.30.040 Prohibited areas.
Bicycles and motorized foot scooters are prohibited from being used or operated on, in or upon the following areas and it shall be a violation for any person to use or operate a bicycle or motorized foot scooter on, in or upon:
A. City parks, trails and other areas marked “nonmotorized corridors.”
B. Public sidewalks.
C. Exceptions. This section shall not apply to any disabled person using a wheelchair conveyance as defined in RCW 46.04.710, strollers used to transport small children, or City equipment, or any child operating a bicycle that has attached training wheels. (Ord. 2364 § 4, 2004).
10.30.050 Requirements for operating motorized foot scooters.
A. Minimum Age. No person may operate a motorized foot scooter on an authorized allowable public way or area unless such person is 14 years of age or older. No operator’s license is required from the Department of Licensing to operate a motorized foot scooter.
B. Helmet and Reflectors. The following equipment shall be required whenever a motorized foot scooter is operated on streets or other public property within the City:
1. Helmet Required. Any person operating a bicycle or a motorized foot scooter or riding as a passenger on or in tow of a bicycle or motorized foot scooter upon any public area in the City of Mountlake Terrace 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. No person shall transport another person on or in tow of a bicycle or motorized foot scooter upon any public area in the jurisdiction of the City of Mountlake Terrace, unless the passenger is wearing a helmet that meets the requirements of this chapter. A parent or guardian is responsible for requiring that a child under the age of 18 years of age wears an approved helmet while operating or riding as a passenger on a bicycle or motorized foot scooter in any public area in the City of Mountlake Terrace, and has the neck or chin strap of the helmet fastened securely.
2. Lights/Reflectors Required. No person shall operate a motorized foot scooter during hours of darkness as defined in RCW 46.37.020 unless equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 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 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp-emitting red light visible from a distance of 500 feet to the rear may be used in addition to the red deflector. A light-emitting diode flashing taillight visible from a distance of 500 feet to the rear may also be used in addition to the red reflector. (Ord. 2364 § 5, 2004).
10.30.060 Violations – Penalties.
Except as provided below, the penalty for violation of this chapter shall be a civil fine as set by resolution, and/or violations are subject to enforcement of Chapter 46.61 RCW, Rules of the Road. Any contested civil fine for violations of this chapter shall be brought before the Hearing Examiner pursuant to Chapter 2.120 MTMC.
A. Alternative Penalty for Minor Children. In lieu of the penalty described above, any Mountlake Terrace Police Officer may, in their discretion, utilize the following penalty provision for violations by minor children. For purposes of this section, the City Council of the City of Mountlake Terrace hereby finds that there is a compelling governmental interest in imposing the following discretionary penalty section for minor children, in order to encourage parental intervention and responsibility for the violations of the minor children. The City further finds that impoundment is more likely to prevent repeat offense by minors than the imposition of monetary penalties.
1. First Offense. On the child’s first offense in a 365-day period, the City shall issue a written warning and notification of the child’s parent or guardian of the violation.
2. Second Offense. On the child’s second offense in a 365-day period, the City shall issue a written notice of violation and the investigating officer may take custody of the bicycle or motorized scooter and hold for safekeeping until the child’s parent or guardian claims the bicycle or motorized scooter.
3. Third and Subsequent Offense(s). On the child’s third offense in a 365-day period, the City shall include a civil fine, as set by resolution.
B. Forfeiture of a Bicycle or Motorized Foot Scooter. As authorized by WAC 308-330-565 and Chapter 63.32 RCW, impounded bicycles or motorized foot scooters may be forfeited to the Mountlake Terrace Police Department if unclaimed within 60 days of the impound. (Ord. 2364 § 6, 2004).