Chapter 10.30
SKATEBOARDS, BICYCLES AND ROLLER SKATES/BLADES
Sections:
10.30.025 Unsafe or reckless operation of a wheeled recreational device prohibited.
10.30.040 Special conditions for Robert Bush Drive sidewalk between Ferry Street and Weir Street.
10.30.050 Removal of factory-installed braking equipment.
10.30.065 Alternative penalty for minor children.
10.30.070 Forfeiture of a bicycle, skate(s), or motorized foot scooter.
10.30.010 Definitions.
A. “Bicycle” means any nonmotorized, pedal-powered vehicle or any primarily pedal-powered vehicle with an engine of no more than two gross brake horsepower.
B. “Helmet” means a head covering that meets or exceeds safety standards of the Consumer Product Safety Commission, 15 USC 6004, or the Snell Foundation or such subsequent nationally recognized standard for subsections (A), (C) and (J) of this section.
C. “Motorized foot scooter” means 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.
D. “Pedestrian way” means a right-of-way dedicated to public use, 10 feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent street and properties.
E. Registered Owner. The “owner” of a vehicle is the current registered owner. The owner is presumed liable for any violations and expenses unless:
1. There is a report of sale on the vehicle;
2. The vehicle is reported stolen or taken without permission; or
3. The current actual owner can be identified and located, and ownership verified.
F. “Sidewalk” or “walkway” means that property between the curb lines or the lateral lines of a roadway and the adjacent property set aside, or identified as such, and intended for the use of pedestrians or a means of conveyance propelled by human power.
G. “Skate” means any wheeled recreational object designed to propel the person using that object, which includes, but is not limited to, skateboards, roller skates, in-line skates or scooters.
H. “User” means any person riding a bicycle or skate or motorized foot scooter.
I. Vehicle. The term “vehicle” as used shall mean all instrumentalities capable of movement by means of circular wheels, skids or runners of any kind, along roadways or paths or other ways of any kind, specifically including, but not limited to, all forms of automotive vehicles, buses, trucks, cars, motorcycles, motorized go-carts, motorized scooters, and vans, all forms of trailers or motor homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which instrumentality is or is not the conveyance of persons or objects, and specifically including all such buses, automobiles, trucks, cars, vans, trailers, and motor homes even though they may be at any time immobilized in any way and for any period of time of whatever duration.
J. “Wheeled recreational device” means any wheeled recreational object designed to propel the person using that object, which includes, but is not limited to, bicycles, unicycles, skates, skateboards, scooters, motorized foot scooters, whether powered by hand, foot, pedal power, gas or electric engine. (Ord. 1318, 2004).
10.30.015 Purpose.
The city of South Bend has created this chapter to assist in protecting the public from harm, and to establish a uniform policy for the proper use of public rights-of-way by wheeled recreational devices and for the enforcement of violations. (Ord. 1318, 2004).
10.30.020 Rules of the road.
A. Any “user” that enters or travels on a public right-of-way must comply with all rules of the road set forth in Chapter 46.61 RCW except those provisions which by their nature have no application.
B. The city of South Bend adopts by reference RCW 46.61.755, 46.61.758, 46.61.760, 46.61.765, 46.61.770, and 46.61.790 except that those statutes shall also apply to every user as defined herein.
C. No person shall, while operating a wheeled recreational vehicle, carry any package, bundle, or article which prevents the user from maintaining proper control of this vehicle.
D. Every bicycle during hours of darkness and motorized foot scooter when in use shall be 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 a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of 500 feet to the rear may also used in addition to the red reflector.
E. Every motorized foot scooter operated on a public street shall be equipped with a red pennant at least six inches in height and 10 inches long on a six-foot flexible standard. (Ord. 1318, 2004).
10.30.025 Unsafe or reckless operation of a wheeled recreational device prohibited.
It is unlawful to operate a wheeled recreational device on a public roadway, sidewalk, or on public property in a careless or reckless manner which could cause harm to the user, other persons or to property. (Ord. 1318, 2004).
10.30.030 Safety.
A. No skateboard, bicycle or roller skates shall be operated in a negligent manner as described in SBMC 10.30.025 but shall be operated with regard for the safety of other persons. All persons operating such devices shall yield the right-of-way to pedestrians on city sidewalks, paths, roadways and all other surfaces commonly used for pedestrian access.
B. Any person under the age of 16 years bicycling, unicycling, skateboarding, roller skating, roller blading, riding a scooter or motorized scooter or riding as a bicycle passenger on or in tow of a bicycle upon any public area in the city of South Bend shall wear an approved helmet designed for safety that meets or exceeds the standards declared in SBMC 10.30.010(B) and shall have either the neck or chin strap of the helmet fastened securely while the bicycle, unicycle, skateboard, roller skates, roller blades, scooter or motorized scooter is in motion.
C. Any person managing a bicycle, unicycle, skateboard, roller skate, roller blade, scooter or motorized scooter race, an organized event involving bicycling, unicycling, skateboarding, roller skating, roller blading, riding a scooter or motorized scooter, or a bicycle tour in the public areas of the city of South Bend shall require that all participants under the age of 18 on or in tow of bicycles, unicycles, skateboards, roller skates, roller blades, scooters or motorized scooters wear approved helmets.
D. Any person engaging in the business of renting or loaning (e.g., a test drive) any bicycle, unicycle, skateboard, roller skates, roller blades, scooter or motorized scooter for use in any public place in the city of South Bend shall supply the persons under the age of 18 leasing or using bicycles, unicycles, skateboards, roller skates, roller blades, scooters or motorized scooters with approved helmets as defined herein, along with motorized scooters, unless the bicycle, unicycle, skateboard, roller skates, roller blades, scooter or motorized scooter riders and passengers possess approved helmets of their own, and offer proof thereof, for use with the bicycle, unicycle, skateboard, roller skates, roller blades, scooter or motorized scooter. (Ord. 1403, 2009; Ord. 1318, 2004).
10.30.040 Special conditions for Robert Bush Drive sidewalk between Ferry Street and Weir Street.
Any person utilizing a bicycle or skateboard and wishing to travel on the sidewalk shall be required to dismount and walk the bicycle or carry the skateboard when approaching or passing a pedestrian. Persons operating roller skates/blades on the sidewalk between Ferry Street and Weir Street shall yield the right-of-way when approaching or passing a pedestrian. (Ord. 1238 § 4, 1998).
10.30.050 Removal of factory-installed braking equipment.
It is unlawful to operate on a public roadway or on public property a bicycle, skate or motorized foot scooter which has had factory- installed brakes removed or altered to the extent that the braking device is ineffective. (Ord. 1318, 2004).
10.30.055 Prohibited.
A. No person shall ride a motorized foot scooter in any park or recreational trail.
B. No person may remove any muffling device or pollution control device from a motorized foot scooter. (Ord. 1318, 2004).
10.30.060 Penalties.
A violation of this chapter is a civil infraction with a maximum penalty of $250.00. (Ord. 1318, 2004).
10.30.065 Alternative penalty for minor children.
In lieu of the penalty described in SBMC 10.30.060, any South Bend 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 South Bend 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 offenses by children under the age of 16 than the imposition of monetary penalties.
A. First Offense. On the child’s first offense in a 180-day period, the city shall issue a written warning and notification to the child’s parent or guardian of the violation and/or take custody of the bicycle, skate(s) or motorized foot scooter and hold for safe keeping until the child’s parent or guardian claims the said item.
B. Second Offense. On the child’s second offense in a 180-day period, the city shall issue a written notice of violation to the child’s parent or guardian of the violation and the investigating officer may take custody of the bicycle, skate(s) or motorized foot scooters and hold for safekeeping until the child’s parent or guardian claims the bicycle, scooter or skate(s).
C. Third and Subsequent Offense(s). On the child’s third offense in a 180-day period, the police department may issue a citation with a penalty, not to exceed $47.00. The arresting officer shall take custody of the bicycle, skate(s) or motorized foot scooter and hold for safekeeping for 30 days. (Ord. 1318, 2004).
10.30.070 Forfeiture of a bicycle, skate(s), or motorized foot scooter.
As authorized by WAC 308-330-565, Chapter 63.32 RCW, and RCW 46.61.790, impounded bicycles, skates or motorized foot scooters may be forfeited to the South Bend police department if unclaimed within 60 days of the impound for the funding of the safety program established herein. (Ord. 1318, 2004).