Chapter 10.18
WHEELED ALL-TERRAIN VEHICLES
Sections:
10.18.020 Use of wheeled all-terrain vehicle on city streets.
10.18.030 Restrictions on use of wheeled all-terrain vehicle on city streets.
10.18.040 Equipment requirements for wheeled all-terrain vehicles.
10.18.050 Registration and on-road tabs.
10.18.060 Duty to obey traffic-control devices and rules of the road.
10.18.090 Violation – Penalty.
10.18.100 Incorporation by reference.
10.18.005 Purpose.
The purpose of this chapter is to allow the operation of wheeled all-terrain vehicles described in RCW 46.09.310(19) on public roadways within the city of Walla Walla on certain conditions in accordance with RCW 46.09.455. (Ord. 2019-22 § 1 (part), 2019).
10.18.010 Definitions.
When used in this chapter, the city defines the words and phrases listed below as follows:
A. “City” means the city of Walla Walla, its elected officials, its employees, and its agents.
B. “City street” means every way, lane, road, street, boulevard, and every way or place in the city open as a matter of right to public vehicular traffic inside the city limits.
C. “Motorcycle helmet” has the same meaning as provided in RCW 46.37.530.
D. “Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in state statute, rule or regulation.
E. “Sidewalk” means that property between the curb lines or the lateral lines of a city street and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a city street and dedicated to use by pedestrians.
F. “Wheeled all-terrain vehicle” or “WATV” means a motor vehicle that satisfies the following criteria:
1. A motorized nonhighway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has four tires having a diameter of thirty inches or less; or
2. A utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of twenty psi or less, has a steering wheel for steering control, has nonstraddle seating with the operator and passenger sitting side by side in the vehicle manufactured primarily for recreational nonhighway all-terrain use, has a maximum width less than seventy-four inches, has a maximum weight less than three thousand pounds, has a wheelbase of one hundred twenty inches or less, and satisfies at least one of the following:
a. Has a minimum width of fifty inches;
b. Has a minimum weight of at least nine hundred pounds; or
c. Has a wheelbase of over sixty-one inches. (Ord. 2019-22 § 1 (part), 2019).
10.18.020 Use of wheeled all-terrain vehicle on city streets.
Subject to the restrictions and requirements set forth in this chapter, a person who has a valid driver’s license issued by the state of the person’s residence may operate a wheeled all-terrain vehicle upon a city street having a speed limit of thirty-five miles per hour or less. (Ord. 2019-22 § 1 (part), 2019).
10.18.030 Restrictions on use of wheeled all-terrain vehicle on city streets.
A. Any person who operates or rides as a passenger in a wheeled all-terrain vehicle must wear a securely fastened motorcycle helmet while the WATV is in motion, unless the WATV is equipped with roll bars or an enclosed passenger compartment;
B. Any person who operates or rides as a passenger in a wheeled all-terrain utility-type vehicle must wear a securely fastened seat belt as required in RCW 46.61.688(3). Passengers less than sixteen years of age are required to be restrained as defined in RCW 46.61.687;
C. No passengers under the age of five years of age may be transported in or on a WATV;
D. A person may not operate a WATV upon a city street with a speed limit in excess of thirty-five miles per hour;
E. A person may operate a wheeled all-terrain vehicle upon any city street while being used under the authority or direction of the city or an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency’s official duties;
F. WATVs are subject to Chapter 46.55 RCW; and
G. No person may operate a WATV upon a city street without having proof of current liability insurance with liability limits of at least the amounts provided in and in compliance with the requirements as set forth in RCW 46.29.090, as now enacted or hereafter amended. Written proof of such financial responsibility must be provided on the request of a law enforcement officer. (Ord. 2019-22 § 1 (part), 2019).
10.18.040 Equipment requirements for wheeled all-terrain vehicles.
A. A wheeled all-terrain vehicle operated on a city street must comply with the following equipment requirements:
1. Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion;
2. Tail lamps meeting the following requirements:
a. Wheeled all-terrain vehicles with handlebars must have one tail lamp meeting the requirements of RCW 46.37.525 and to be used at all times when the vehicle is in motion upon a city street;
b. Wheeled all-terrain utility-type vehicles must have two tail lamps meeting the requirements of RCW 46.37.070(1) and to be used at all times when the vehicle is in motion upon a city street;
3. A stop lamp meeting the requirements of RCW 46.37.200;
4. Reflectors meeting the requirements of RCW 46.37.060;
5. During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200;
6. Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310;
7. Mirror(s) meeting the following requirements:
a. Wheeled all-terrain vehicles with handlebars must have a mirror attached to either the right or left handlebar, which must be located to give the operator a complete view of the roadway for a distance of at least two hundred feet to the rear of the vehicle;
b. Wheeled all-terrain utility type vehicles must have two mirrors meeting the requirements of RCW 46.37.400;
8. A windshield meeting the requirements of RCW 46.37.430, unless the operator wears glasses, goggles, or a face shield while operating the vehicle, of a type conforming to rules adopted by the Washington State Patrol;
9. A horn or warning device meeting the requirements of RCW 46.37.380;
10. Brakes in working order;
11. A spark arrester and muffling device meeting the requirements of RCW 46.09.470;
12. Wheeled all-terrain utility type vehicles must have seat belts meeting the requirements of RCW 46.37.510; and
13. Wheeled all-terrain utility type vehicles must have an individual seat for each occupant designed to seat a person.
B. The requirements of this section do not apply to wheeled all-terrain vehicles used under the authority or direction of the city or an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency’s official duties. (Ord. 2019-22 § 1 (part), 2019).
10.18.050 Registration and on-road tabs.
A person may not operate a WATV upon a city street unless the vehicle has a current and proper on-road vehicle registration and displays the appropriate on-road tab or special year tab, as required by Chapter 46.09 RCW. (Ord. 2019-22 § 1 (part), 2019).
10.18.060 Duty to obey traffic-control devices and rules of the road.
Unless a police officer directs otherwise, a person operating a WATV must obey all rules of the road and must obey the instructions of official traffic-control signals, signs, and other control devices applicable to vehicles. A person operating a WATV upon a city street is subject to all of the duties that Chapter 46.61 RCW and Title 10 of the Walla Walla Municipal Code impose on an operator of a vehicle, except as to those provisions thereof which by their nature can have no application. (Ord. 2019-22 § 1 (part), 2019).
10.18.070 Prohibited uses.
A. No person may operate or ride a WATV in a negligent or unsafe manner, but must operate it with reasonable regard for his or her own safety and for the safety of others.
B. No person may occupy a WATV unless that person is seated in or on a seat designed to carry a person.
C. No person may operate a WATV side-by-side in a single lane of traffic. (Ord. 2019-22 § 1 (part), 2019).
10.18.080 Prohibited areas.
A. It is unlawful to operate a WATV on a sidewalk or other area where it is unlawful to operate a motor vehicle.
B. It is unlawful to operate a WATV upon any city park other than in areas designated for motor vehicle operation.
C. It is unlawful to operate a WATV on any bicycle trail or walking path or in any bicycle lane.
D. The requirements of this section do not apply to wheeled all-terrain vehicles used under the authority or direction of the city or an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency’s official duties. (Ord. 2019-22 § 1 (part), 2019).
10.18.090 Violation – Penalty.
A. A person who violates Section 10.18.020, 10.18.030, 10.18.040, 10.18.050, 10.18.060, 10.18.070, or 10.18.080 is guilty of a traffic infraction punishable by a fine of not less than twenty-five dollars or more than two hundred fifty dollars for each offense.
B. Traffic infractions committed in violation of this chapter shall be handled and adjudicated in accordance with Chapter 46.63 RCW. (Ord. 2019-22 § 1 (part), 2019).
10.18.100 Incorporation by reference.
RCW 46.09.350, 46.09.442, 46.09.444, 46.09.470, 46.09.480, and 46.09.495 are incorporated herein by reference. (Ord. 2019-22 § 1 (part), 2019).