Chapter 10.42
MOTORIZED FOOT SCOOTERS
Sections:
10.42.020 Operation of motorized foot scooters.
10.42.040 Parent responsibility.
10.42.050 Violation – Enforcement authority and penalties.
10.42.060 Seizure and forfeiture.
10.42.010 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
A. “Motorized foot scooter” shall mean a device with no more than two, 10-inch or smaller diameter wheels, that has handle bars, 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 a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property.
C. “Helmet” means a protective covering for the head consisting of a hard, outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap retention system, bearing a label as required by the Federal Consumer Products Safety Commission and as adopted in the Code of Federal Regulations at 16 C.F.R. 1203. [Ord. 807 §1, 2005].
10.42.020 Operation of motorized foot scooters.
A. Motorized foot scooters shall not be operated upon a public roadway by anyone under the age of 16 years.
B. Motorized foot scooters shall not be operated on public roads with a speed limit of greater than 20 miles per hour.
C. Operators of motorized foot scooters shall adhere to and obey all rules of the road applicable to motorized vehicles.
D. Motorized foot scooters shall not be operated in any city park, and motorized foot scooters shall not be operated on other city property, walkways, paths, sidewalks, or any other place where motorized vehicles are prohibited.
E. Motorized foot scooters shall not be operated at any time during one-half hour after sunset to one-half hour before sunrise without reflectors which are approved by the Washington State Patrol, and without a head lamp on the front which is visible from a distance of at least 500 feet to the front.
F. At no time shall a passenger be allowed to ride on a motorized foot scooter.
G. Motorized foot scooters shall not be operated in a negligent manner on any street, road, or other public way within the city of Palouse.
H. No motorized foot scooter shall be operated in a manner so as to obstruct, hinder, or impede the lawful course of travel of any motor vehicle or the lawful use by any pedestrian of public roads, streets, sidewalks, alleys, parking areas, trails, or other public areas within the city of Palouse.
I. Motorized foot scooters shall be equipped so that the drive engine or motor is engaged through a switch lever or other mechanism that, when released, will cause the drive engine or motor to disengage or cease to function.
J. Every motorized foot scooter shall be equipped with brakes that are capable of skidding the braked wheel on dry, clean, level pavement.
K. Every motorized foot scooter shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise; the use of a cutout, bypass, or similar muffler elimination device is prohibited. [Ord. 807 §1, 2005].
10.42.030 Helmet required.
Any person operating a motorized foot scooter on public roads, streets, alleys, or other public ways within the city of Palouse shall wear a helmet at all times during such operation. [Ord. 807 §1, 2005].
10.42.040 Parent responsibility.
It shall be unlawful for any parent, guardian, or other person having control or custody of a minor child to allow the minor child to operate a motorized foot scooter in violation of this chapter. [Ord. 807 §1, 2005].
10.42.050 Violation – Enforcement authority and penalties.
The city of Palouse police department personnel shall be responsible for enforcing the provisions of this chapter. Upon determining a violation of this chapter has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the following amounts to any person, including a parent or guardian, violating any of the provisions of this chapter. In any case, the amount shall not exceed $250.00. In addition to an infraction, law enforcement officers may impound the motorized foot scooter in accordance with PMC 10.42.060, and may sell or destroy seized property upon order of the court in accordance with PMC 10.42.060.
The following monetary penalties shall apply:
A. First offense: $40.00;
B. Second offense: $80.00;
C. Third and future offenses: $250.00.
Payment of civil fines within 24 hours of the issuance of the notice of violation (not including weekends and legal holidays) shall reduce the amount of the fine owing by 50 percent. [Ord. 807 §1, 2005].
10.42.060 Seizure and forfeiture.
All motorized foot scooters operated in violation of this chapter are subject to seizure and forfeiture in the following manner:
A. First Seizure. Any person who has property seized for the first time pursuant to this chapter may prevent forfeiture of said property by contacting the police department within 10 days of receipt of notice of violation and requesting the property be returned. All monetary penalties imposed must be paid prior to release of seized property.
B. Second Seizure. Any person who has property seized a second time pursuant to this chapter may cause the property to be impounded for a period of no less than 10 days from the receipt of notice of violation. All monetary penalties imposed must be paid prior to release of property.
C. Third and Future Seizures. Any person who has property seized a third or more times pursuant to this chapter shall cause the property to be subject to forfeiture. The chief of police, or designee, may apply to the court for an order of forfeiture in accordance with RCW 35.20.250. [Ord. 807 §1, 2005].