Chapter 10.46
MOTORIZED FOOT SCOOTERS
Sections:
10.46.010 Motorized foot scooters – Defined.
10.46.020 Motorized foot scooter – General requirements and operation.
10.46.030 Helmet required – Defined.
10.46.040 Traffic laws apply to persons operating motorized foot scooters.
10.46.060 Alternative penalty for minor children.
10.46.010 Motorized foot scooters – Defined.
“Motorized foot scooter” means 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. A motor-driven cycle, a moped, an electric-assisted bicycle, or motorcycle is not a motorized foot scooter. (Statutory reference: RCW 46.04.336). (Ord. 1489 § 1, 2004)
10.46.020 Motorized foot scooter – General requirements and operation.
(1) No person may operate a motorized foot scooter on a city street unless such person is 16 years of age or older.
(2) It is unlawful for any person to use or operate a motorized foot scooter upon any sidewalk, park or public trail within the city of Washougal.
(3) Every motorized foot scooter, when it is in use during the hours of darkness as defined in RCW 46.37.020, 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 headlights 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 be used in addition to the red reflector.
(4) Operation of a motorized foot scooter without a muffling device in good working order and in constant operation to prevent excessive or unusual noise as prescribed in WMC 9.73.020 or operation with a modified muffling device is unlawful.
(5) It is unlawful to operate a motorized foot scooter on a city street with a speed limit in excess of 25 miles per hour unless the motorized foot scooter is operated within a designated bicycle lane.
(6) It shall be unlawful to operate a motorized foot scooter in the city of Washougal accompanied by any passenger or rider. (Ord. 1489 § 1, 2004)
10.46.030 Helmet required – Defined.
(1) Any person operating a motorized foot scooter on any public area in the city of Washougal shall wear an approved helmet designed for safety and shall have either the neck or chin strap of the helmet fastened securely while the motorized scooter is in motion.
(2) “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 16 CFR 1203. (Ord. 1489 § 1, 2004)
10.46.040 Traffic laws apply to persons operating motorized foot scooters.
Every person riding a motorized foot scooter upon a city street shall be granted all the rights and shall be subject to all of the duties applicable to the driver of a vehicle pursuant to Chapter 46.61 RCW, except special regulations in RCW 46.61.750 through 46.61.780 shall apply to persons operating a motorized foot scooter and except as to those provisions of Chapter 46.61 RCW which by their nature can have no application. (Ord. 1489 § 1, 2004)
10.46.050 Penalty.
Violation of any provision of this chapter is deemed a traffic infraction for which a notice of infraction may be issued. Any person found to have committed an infraction under this chapter shall be assessed a monetary penalty not to exceed $250.00. (Ord. 1489 § 1, 2004)
10.46.060 Alternative penalty for minor children.
In lieu of the penalty described above, any Washougal 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 Washougal hereby finds that there is a compelling governmental interest in opposing 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 finds that impoundment is more likely to prevent repeated offenses by minors in 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 warning and notification of the child’s parent or guardian of the violation.
(2) Second Offense. On the child’s second offense in a 365-day period, the city shall issue a written notice of violation and the investigating officer may take custody of the motorized foot scooter and hold for safe-keeping until the child’s parent or guardian claims the motorized foot scooter.
(3) Third and Subsequent Offenses. On the child’s third offense in a 365-day period, the city shall include a civil fine, not to exceed $250.00. The arresting officer may take custody of the motorized foot scooter and may hold for safe-keeping for a period of 30 days.
As authorized by WAC 308-330-565 and Chapter 63.32 RCW, impounded motorized foot scooters may be forfeited to the Washougal police department if unclaimed within 60 days of the impound. (Ord. 1489 § 1, 2004)