Chapter 10.32
MOTORIZED FOOT SCOOTERS
Sections:
10.32.020 Operators, equipment, and areas of operation.
10.32.040 Duty to obey traffic control devices and rules of the road.
10.32.050 Unsafe operation prohibited.
10.32.060 Activities that are presumed unsafe.
10.32.070 Dealer must provide code sections.
10.32.010 Definitions.
The following words and phrases, when used in this chapter, shall have the following meanings:
A. "Motorized foot scooter" means a device with no more than twelve-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. A motorized foot scooter does not include those vehicles defined as motorcycles under Washington State statute.
B. "Operate in a negligent manner" means the operation of a motorized foot scooter in a manner that endangers, or is 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; failure to yield the right-of-way to pedestrians and/or vehicular traffic; failure to possess a valid operator’s license if required by any state, county or local law, regulation, or rule; or failure to comply with all equipment requirements found herein, found in state statute or rule, or found in agency regulations.
C. "Helmet" means a head covering that meets or exceeds the safety standards adopted by Standard Z-90.4 set by the American National Standards Institute, or such other equivalent or subsequent nationally recognized standard for bicycle helmet performance as the city may adopt in the future.
D. "Modified or enhanced" means to alter any setting or standard piece, element, or other part of a motorized foot scooter from that which was provided when the unit was delivered from the factory for sale.
E. "City" means the city of Wapato.
F. "Code" means the Wapato Municipal Code. (Ord. 1124 §1(part), 2004)
10.32.020 Operators, equipment, and areas of operation.
Motorized foot scooters shall be operated in the following manner:
A. Age Requirement. No person may operate a motorized foot scooter upon a public right-of-way or in public areas unless such person is sixteen years of age or older and has a valid license to operate a motor vehicle.
B. Prohibited Areas.
1. Parks, Sidewalks and Streets. Motorized foot scooters are prohibited from being operated: (a) on sidewalks within the city limits; (b) in city parks; (c) on multipurpose trails; (d) in or on city facilities as defined in this code at Section 12.08.010(C), or as it may be amended; and (e) on any city street with a posted maximum speed limit greater than twenty-five miles per hour.
2. Central Business District. Motorized foot scooters are prohibited upon any street, alley, sidewalk, park or publicly owned parking lot in the central business district of the city as described in Title 17 of this code.
C. Helmets Required. Any person operating a motorized foot scooter shall wear a helmet equipped with a chin strap, which shall be securely fastened while the motorized foot scooter is being operated.
D. Reflectors. Pursuant to Washington State statute, a motorized foot scooter being operated during the time period extending from one-half hour before dusk to one-half hour after dawn shall be equipped with a lamp on the front of the motorized foot scooter which shall emit a white light visible from a distance of at least five hundred feet, and a red reflector on the rear which shall be visible from all distances up to six hundred feet to the rear and approved by the Washington State Patrol.
E. Brake Requirements. Motorized foot scooters shall be equipped with a brake which, when applied, will enable the operator to make the rear wheel skid on dry, level, clean pavement.
F. Muffler Requirements. Motorized foot scooters shall be equipped with a properly functioning engine muffler attached and constantly operational during use of a motorized foot scooter powered by an internal combustion engine.
G. No Modifications. Motorized foot scooters operated within the city shall not be modified or enhanced in design or construction from the specifications provided by the manufacturer. (Ord. 1124 §1(part), 2004)
10.32.030 No passengers.
Only one person shall occupy a motorized foot scooter at any time. Operators of motorized foot scooters shall not transport passengers or items that do not fit on the motorized foot scooter. Operators of motorized foot scooters shall not tow other devices or persons behind the motorized foot scooter. (Ord. 1124 §1(part), 2004)
10.32.040 Duty to obey traffic control devices and rules of the road.
Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle and pedestrian traffic, as well as instructions of traffic control signals and signs, unless otherwise directed by a law enforcement officer. Any person operating a motorized foot scooter is subject to all of the duties applicable to the driver of a motorized vehicle set forth in Washington State statutes, Yakima County Code, and Wapato Municipal Code sections, except those that by their nature could not apply to motorized foot scooters. (Ord. 1124 §1(part), 2004)
10.32.050 Unsafe operation prohibited.
No motorized foot scooter shall be used or operated in a negligent or unsafe manner. Motorized foot scooters shall at all times be used and operated with responsibility and with regard of the safety of the operator and all others. (Ord. 1124 §1(part), 2004)
10.32.060 Activities that are presumed unsafe.
The following activities shall be presumed to be unsafe and constitute a violation of Section 10.32.050:
A. Carrying of any passenger in addition to the operator of the motorized foot scooter.
B. Towing any passenger or other device behind the motorized foot scooter.
C. Operating a modified motorized foot scooter.
D. Operating a motorized foot scooter in violation of the rules stated in this chapter or in violation of any other state, county, or municipal law. (Ord. 1124 §1(part), 2004)
10.32.070 Dealer must provide code sections.
Any person and/or business or establishment within the city involved in the retail sale of motorized foot scooters shall provide to any buyer, and, if the user of the motorized foot scooter is under the age of eighteen, to the parent or guardian of the user, a copy of this chapter in its entirety prior to completing the sale of said motorized foot scooter. (Ord. 1124 §1(part), 2004)
10.32.080 Violation--Penalty.
Any person violating any provision in this chapter shall be guilty of a traffic infraction and shall be punished by a penalty of a minimum of seventy-five dollars and a maximum of five hundred dollars, exclusive of statutory assessments, for each separate violation; provided, that conduct constituting a criminal traffic offense may be charged as such and is subject to the maximum penalties allowed for such offenses. If this chapter is violated, in addition to a monetary penalty being imposed, the motorized foot scooter shall be impounded immediately. In the case of impound by a law enforcement officer, the officer may return the motorized foot scooter to the parent or guardian of an offender under the age of eighteen within ten days of impound, or when otherwise stated by a court of law. In the case of impound by a law enforcement officer, the officer may return the motorized foot scooter to an offender eighteen years or older within ten days of impound, or when otherwise stated by a court of law. (Ord. 1124 §1(part), 2004)
10.32.090 Severability.
Each separate provision of this chapter shall be deemed independent of all other provisions. If any provision, or any part of any provision, is declared invalid by a court of law, all other provisions or parts thereof shall remain valid. (Ord. 1124 §1(part), 2004)