Chapter 10.59
MOTORIZED SCOOTERS
Sections:
10.59.020 Duty to obey traffic control devices and rules of the road.
10.59.030 Unsafe use prohibited.
10.59.040 Prohibited areas and times.
10.59.050 Requirements for operating motorized foot scooters.
10.59.060 Violation – Penalty.
10.59.070 Forfeiture of a bicycle, skate(s), or motorized foot scooter.
10.59.010 Definitions.
For purposes of SMC 10.59.010 through 10.59.070, the following words and phrases shall have the meanings respectively ascribed to them in this section:
A. “Skateboard” has its ordinary meaning and means a footboard mounted upon four or more wheels and is usually propelled by the user who sometimes stands, sits, kneels or lies upon the device while it is in motion.
B. “Roller skates” has its ordinary meaning and means a pair of shoes, mounted upon two sets of wheels, and is most often propelled by the user in an upright, standing position or kneeling.
C. “Scooter” has its ordinary meaning and means a footboard mounted upon two or more wheels and controlled by an upright steering handle. This device is propelled by the user in usually an upright position.
D. “In-line skates” has its ordinary meaning and means a pair of shoes or boots, mounted upon three or more sets of wheels located one behind the other under the attached shoe or boot, and is most often propelled by the user in an upright, standing position.
E. “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.
F. “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 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, or failure to yield right-of-way to pedestrians and/or vehicular traffic, or any other operation which would constitute a violation of the rules of the road, chapter 46.61 RCW, if said operation had been made in a motor vehicle.
G. “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 type retention system, with a label required by the Federal Consumer Products Safety Commission as adopted by the Code of Federal Regulations 16 CFR 1203. (Ord. 2103 § 2, 2004)
10.59.020 Duty to obey traffic control devices and rules of the road.
Any person operating a skateboard, roller skates, scooter, bicycle, in-line skates, motorized foot scooter, or similar device shall obey all rules of the road applicable to vehicular 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. (Ord. 2103 § 3, 2004)
10.59.030 Unsafe use prohibited.
No skateboard, roller skates, coaster, in-line skates, motorized foot scooter, or similar device shall be operated in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. (Ord. 2103 § 4, 2004)
10.59.040 Prohibited areas and times.
A. Motorized foot scooters may not be operated on sidewalks within the city limits, on any city street with a posted maximum speed limit greater than 25 miles per hour unless there is a designated bicycle lane, in all city parks, in any area posted as an environmentally sensitive area, or on any public trail or any city-owned property that is posted with a sign reading “No Motorized Vehicles.”
B. Motorized foot scooters are also prohibited from being operated one-half hour after sunset to one-half hour before sunrise.
C. Exceptions. This section shall not apply to any disabled person using a wheelchair conveyance as defined in RCW 46.04.710. (Ord. 2103 § 5, 2004)
10.59.050 Requirements for operating motorized foot scooters.
A. Equipment. 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 motorized foot scooter upon any city-owned property or public street in the city of Sumner shall wear an approved helmet and shall have either the neck or chin strap of the helmet fastened securely while the motorized foot scooter is in motion.
2. Motorized foot scooters must have an engine/motor kill switch that activates when released or when the brakes are applied.
3. The handlebars of a motorized foot scooter must be at or below the level of the operator’s shoulders.
B. No person may drive an internal combustion-powered motorized foot scooter on public right-of-way unless such person has a valid driver’s license of any class issued by the state of the person’s residence.
C. Prohibited Equipment Modifications. No person shall operate at any time on streets or other city-owned property a motorized foot scooter which has been modified by installing a high performance exhaust filter and carburetion kit or any modification of the air inflow system for the purpose of or having the result of increasing the maximum speed of the motorized foot scooter.
D. Every gas motorized foot scooter shall at all times 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 on any gas motorized foot scooter.
E. No person shall transport another person on or in tow of a motorized foot scooter upon any city-owned property or public street in the jurisdiction of the city of Sumner.
F. The operator may not make a left turn at an intersection. The operator must stop and dismount at the right-hand side of the roadway or curb and then complete the turn by crossing the roadway on foot.
G. The operator may not park the motorized scooter on the sidewalk if it blocks the path of the sidewalk.
H. The operator may not attach himself or herself or the scooter to any other vehicle in the roadway. (Ord. 2103 § 6, 2004)
10.59.060 Violation – Penalty.
A. Any person violating any provision of this chapter shall be guilty of a traffic infraction and shall be punished by the imposition of a monetary penalty of not more than $100.00, exclusive of other statutory assessments; provided, conduct that constitutes a criminal traffic charge is subject to the maximum penalties allowed for such offenses.
B. Alternative Penalty for Minor Children. In lieu of the penalty described above, any Sumner 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 Sumner 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 this chapter. The city further finds that impoundment is more likely to prevent repeat offenses 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 notice of violation and the investigating officer may take custody of the bicycle, motorized foot scooter or skate(s) and hold for safekeeping until the child’s parent or guardian claims the bicycle, motorized foot scooter or skate(s).
2. Second and Subsequent Offense(s). On the child’s second offense in a 365-day period, the city shall include a civil fine, not to exceed $100.00. The arresting officer may take custody of the bicycle, skate(s) or motorized foot scooter and hold for safekeeping for 30 days.
C. An officer or their superior may waive any of these penalties if the parent and child agree to participate in the Sumner student court program and abide by the program’s conditions. (Ord. 2103 § 7, 2004)
10.59.070 Forfeiture of a bicycle, skate(s), or motorized foot scooter.
As authorized by WAC 308-330-565 and chapter 63.32 RCW, impounded bicycles, skates or motorized foot scooters may be forfeited to the police department if unclaimed within 60 days of the impound. (Ord. 2103 § 8, 2004)