Chapter 9.59
MOTORIZED FOOT SCOOTERS
Sections:
9.59.020 Duty to obey traffic-control devices and rules of the road.
9.59.030 Unsafe use prohibited.
9.59.050 Requirements for operating motorized foot scooters.
9.59.010 Definitions.
The following words and phrases, when used in this chapter, shall have the assigned meanings:
“Helmet” means a head covering that meets or exceeds safety standards adopted by standard Z-90.4 (or its successive standard) set by the American National Standards Institute (ANSI), or the Snell Foundation and meets the Code of Federal Regulations 16 CFR 1203, or such subsequent nationally recognized standard for bicycle helmet performance as the city council may adopt.
“Modified or enhanced” means to alter the settings, displacement/horsepower or muffler from that provided when the device was delivered from the factory for sale.
“Motorized foot scooter” means a device with two ten-inch or smaller diameter wheels; 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.
“Operate in a negligent manner” means the operation of the device described under “motorized foot scooter” in such a manner as to endanger or likely endanger any person or property. Examples of operating in a negligent manner include, but are not limited to, failure to obey traffic control devices, failure to yield right-of-way to pedestrians and/or vehicular traffic. (Ord. 1109 § 1 (part), 2004)
9.59.020 Duty to obey traffic-control devices and rules of the road.
Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic-control signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. A person operating a motorized foot scooter upon a public way shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle pursuant to Chapter 46.61 RCW, except as to those provisions thereof which by their nature can have no application. (Ord. 1109 § 1 (part), 2004)
9.59.030 Unsafe use prohibited.
No person shall operate a motorized foot scooter in a negligent or unsafe manner but shall operate a motorized foot scooter with reasonable regard for the safety of the operator and other persons. (Ord. 1109 § 1 (part), 2004)
9.59.040 Prohibited areas.
No person shall operate a motorized foot scooter upon any sidewalk, path, pedestrian trail, city park, or recreational trail unless posted for such use; upon any public street with a posted speed limit greater than twenty-five miles per hour; or upon any portion of Mukilteo Speedway, Paine Field Boulevard, SR 526, or Harbour Pointe Boulevard. (Ord. 1109 § 1 (part), 2004)
9.59.050 Requirements for operating motorized foot scooters.
A. No person shall operate a motorized foot scooter on streets or other public areas not otherwise prohibited to motorized foot scooters by this chapter unless the operator is at least fourteen years of age.
B. Any person operating a motorized foot scooter upon any public area in the city shall wear an approved helmet designed for safety and meeting safety standards set by the Code of Federal Regulations 16 CFR 1203.
C. Every motorized foot scooter shall be equipped with a brake which, when applied, will enable the operator to make the braked wheel(s) skid on dry, level, clean pavement.
D. No motorized foot scooter shall be operated upon any public area during the hours of one-half hour after sunset to one-half hour before sunrise without an operating headlight, a taillight, and a rear reflector.
E. Every motorized foot scooter powered by an internal combustion engine shall have a properly functioning engine muffler attached and constantly operational during the use of the motorized foot scooter which prevents excessive or unusual noise.
F. Motorized foot scooters operated within the city of Mukilteo shall not be modified or enhanced in design or construction from the specifications provided by the manufacturer. (Ord. 1109 § 1 (part), 2004)
9.59.060 Violation—Penalties.
Any person violating any provision of this chapter shall be guilty of a traffic infraction. The first violation shall constitute a Class III civil infraction, the second violation shall constitute a Class II civil infraction, and the third and every violation thereafter within a one-year period shall be classified as a Class I civil infraction, exclusive of statutory assessments; provided, that conduct that constitutes a criminal traffic offense may be charged as such and is subject to the maximum penalties for such offenses. When a person under eighteen years of age receives an infraction for violation of this chapter, the police department may notify the parent or legal guardian in writing that an infraction has been issued. (Ord. 1109 § 1 (part), 2004)