Chapter 10.40
MOTORIZED FOOT SCOOTERS
Sections:
10.40.010 Motorized foot scooter defined.
10.40.020 Duty to obey traffic-control devices and rules of the road.
10.40.030 Certain uses prohibited.
10.40.050 Requirements for operating motorized foot scooters.
10.40.060 Violations – Penalty.
10.40.010 Motorized foot scooter defined.
A. “Motorized foot scooter” is defined as 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. For purposes of this section, a motor-driven cycle, a moped, an electric-assisted bicycle, an electric personal assistive mobility device (EPAMD) and a motorcycle, as defined in state law, are not motorized foot scooters.
C. The regulations of this chapter shall not apply to any vehicle used by a disabled person as defined by RCW 46.16.381. (Ord. 2004-290 § 1).
10.40.020 Duty to obey traffic-control devices and rules of the road.
A. 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 signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
B. Additionally, it shall be unlawful to operate a motorized foot scooter other than as close as practicable to the right-hand curb or right edge of the roadway as is safe; except as may be appropriate while preparing to make or while making turning movements. (Ord. 2004-290 § 1).
10.40.030 Certain uses prohibited.
A. No motorized foot scooter, or similar 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 the purposes of this section, to operate in a “negligent or unsafe manner” means the operation of a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property. Examples of operating in a negligent or unsafe manner include, but are not limited to, failure to obey all traffic-control devices, and/or failure to yield right-of-way to pedestrians and/or vehicular traffic.
B. Operation of motorized foot scooters is subject to the provisions of NMC 9.05.510, which prohibits public disturbance noises.
C. No motorized foot scooter shall be operated between the time of sunset to sunrise.
D. No motorized foot scooter shall be operated with any passengers in addition to the operator.
E. No motorized foot scooter shall be operated without the operator wearing a properly fitted helmet, that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet shall be worn over the head and equipped with either a neck or chin strap that shall be fastened securely while the motorized foot scooter is in motion. (Ord. 2004-290 § 1).
10.40.040 Prohibited areas.
It is unlawful for any person to operate or ride upon a motorized foot scooter in any of the following areas:
A. On sidewalks within the city limits;
B. In city parks;
C. On multiple use trails including bicycle paths, bikeways, equestrian trails and hiking and recreation trails;
D. On any city street with a posted maximum speed limit greater than 25 miles per hour. (Ord. 2004-290 § 1).
10.40.050 Requirements for operating motorized foot scooters.
A. Minimum Age. No motorized foot scooter shall be operated on streets or other public areas not otherwise prohibited by this chapter to motorized foot scooters unless the operator is at least 14 years of age. No operator’s license is required from the Department of Licensing to operate a motorized foot scooter.
B. Required Equipment. The following equipment shall be required whenever a motorized foot scooter is operated within the city limits:
1. Reflectors Required. A motorized foot scooter must be affixed with visible reflectors of a type approved by the Washington State Patrol.
2. No motorized foot scooter, or similar device shall be operated without a muffler, as required by RCW 46.61.710.
3. Handlebars must not exceed shoulders of the rider.
4. Scooter must have a working brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.
5. Any other equipment required by state or local law. (Ord. 2004-290 § 1).
10.40.060 Violations – Penalty.
Any violation of this chapter shall be considered an infraction, subject to a penalty of $50.00 per violation. (Ord. 2004-290 § 1).
10.40.070 Enforcement.
Officers of the police department, or such officers as are authorized to provide police services to the city, shall enforce the provisions of this chapter. The disposition of an infraction issued under this chapter shall follow the procedures adopted under WAC 308-330-700 and the applicable sections of Chapter 46.63 RCW. (Ord. 2004-290 § 1).