Chapter 7.32
SKATES AND SCOOTERS
Sections:
7.32.025 Traffic control devices.
7.32.030 Negligent operation prohibited.
7.32.040 Motorized foot scooters.
7.32.050 Violation – Penalty – Impoundment.
7.32.010 Definitions.
The following words and phrases when used in this chapter shall have the meanings set forth below, unless normal construction in the context shall clearly indicate to the contrary:
(1) “Skateboard” has its ordinary meaning and includes a board of any material with wheels affixed to the underside, designed to be ridden by a person. For purposes of this chapter, “skateboard” includes “scooter,” “coaster” and “longboard.”
(2) “Riding a skateboard” means standing with one or both feet touching the skateboard, crouching, sitting or lying upon the skateboard while it is in motion.
(3) “Roller skate” means a pair of shoes, mounted upon wheels, and is most often propelled by the user in an upright, standing position or kneeling.
(4) “Roller blade” means a pair of shoes, mounted upon a single-line roller skate or blade, and is most often propelled by the user in an upright, standing position or kneeling.
(5) “Scooter” shall have its ordinary meaning and includes a footboard mounted upon or between two or more small wheels and controlled by an upright steering handle.
(6) “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. (Ord. 2010-10 § 1; Ord. 2003-31 § 1; Ord. 2977 § 1, 1993)
7.32.020 Areas of operation.
(1) Unless otherwise prohibited by this section, or any federal, state or local authority, all skateboards, roller skates, roller blades, scooters or coasters shall be operated or ridden only upon a sidewalk.
(a) Whenever any person is operating or riding upon any skateboard, roller skates, roller blades, scooter or coaster on a sidewalk, such person shall yield the right-of-way to any pedestrian.
(b) If sidewalks are not provided, skateboards, roller skates, roller blades, scooters or coasters shall only be operated or ridden upon the shoulder of the roadway facing oncoming traffic as long as such can be done safely and without obstructing traffic.
(2) It is unlawful for any person to operate or ride upon any skateboard, roller skates, roller blades, scooter or coaster upon any sidewalk within the central business district of the city of Wenatchee. For purposes of this section, “central business district” means the sidewalks between Kittitas Street on the south, Fifth Street on the north, and between Chelan Street on the west and Columbia Street on the east, including sidewalks on both sides of the street and the sidewalks in between.
(3) It is unlawful for any person to operate or ride upon any skateboard, roller skates, roller blades, scooter or coaster upon the grounds and parking area of the Wenatchee Convention Center. (Ord. 2010-10 § 2; Ord. 3096 § 1, 1994; Ord. 2977 § 2, 1993)
7.32.025 Traffic control devices.
Any person operating any skateboard, roller skates, roller blades, scooter or coaster shall obey the instructions of official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord. 2010-10 § 2)
7.32.030 Negligent operation prohibited.
It is unlawful for any person to operate any skateboard, roller skates, roller blades, scooter or coaster in a negligent manner. For the purpose of this section “negligent manner” means the operation of or the riding upon any skateboard, roller skates, roller blades, scooter or coaster in such a manner as to endanger or likely to endanger any person or property. (Ord. 2010-10 § 4; Ord. 2977 § 4, 1993)
7.32.035 Bicycles.
(1) “Central business district” of the city of Wenatchee is defined as: Sidewalks between Kittitas Street on the south, Fifth Street on the north, and between Chelan Street on the west and Columbia Street on the east, including sidewalks on both sides of the street and the sidewalks in between.
(2) No person shall ride a bicycle upon a sidewalk in the “central business district” of the city of Wenatchee.
(3) A person may ride a bicycle on any other sidewalk or any roadway, unless restricted or prohibited by traffic control devices, subsection (4) of this section, or any other state, county or municipal law.
(4) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to a pedestrian.
(5) Repealed by Ord. 2011-42. (Ord. 2011-42 § 1; Ord. 3097 §§ 1 – 5, 1994)
7.32.040 Motorized foot scooters.
(1) No person may drive a motorized foot scooter on public rights-of-way unless such person has a valid driver’s license of any class issued by the state of the person’s residence.
(2) It is unlawful to operate or ride a motorized foot scooter upon any sidewalk within the city of Wenatchee.
(3) Every motorized foot scooter upon a public way within the city of Wenatchee at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the public way are not clearly discernible at a distance of 1,000 feet ahead shall display a lighted headlight, lighted stop light, lighted turn signals, and at least two illuminating reflectors.
(4) Operation of a motorized foot scooter without a muffling device or operation with a modified muffling device is unlawful. (Ord. 2003-31 § 2)
7.32.050 Violation – Penalty – Impoundment.
(1) Unless otherwise stated in this chapter, any person violating any provision of this chapter shall be guilty of an infraction and shall be punished by the imposition of a monetary penalty of $50.00, which shall not be suspended or deferred.
(2) In addition to any monetary penalty that may be assessed, if the Wenatchee police department has made a probable cause determination that a violation of this chapter has been committed, the department may immediately impound any skateboard, roller skates, roller blades, scooter, coaster or motorized scooter that was operated or ridden upon at the time of the violation.
(a) For the first violation, the impound shall be for a period of 10 days;
(b) For any second or subsequent violation, the impound shall be for a period of 30 days;
(c) No fee shall be assessed for the impoundment.
(3) For any impoundment done pursuant to this section, the Wenatchee police department shall give the operator a written notice of when and where the impounded skateboard, roller skates, roller blades, scooter, coaster or motorized scooter may be reclaimed.
(a) The skateboard, roller skates, roller blades, scooter, coaster or motorized scooter may be reclaimed by the operator, or by any individual who can establish ownership of the skateboard, roller skates, roller blades, scooter, coaster or motorized scooter.
(b) If the skateboard, roller skates, roller blades, scooter, coaster or motorized scooter is not reclaimed within 30 days of the end of the impoundment period, it will be subject to sale or disposal consistent with the Wenatchee police department procedures.
(c) Any person claiming any ownership or right of possession in the impounded skateboard, roller skates, roller blades, scooter, coaster or motorized scooter shall have the ability to contest the appropriateness of the impoundment. Such person must notify the Wenatchee police department in writing of the person’s claim of ownership or right to possession of the impounded skateboard, roller skates, roller blades, scooter, coaster or motorized scooter and the facts the person relies upon that the impoundment was inappropriate. Such written notification must be personally served upon the department within five calendar days of the impoundment. If the department does not receive timely written notification, then any right to a hearing shall be waived.
(i) The Wenatchee police department shall give the person a reasonable opportunity to be heard as to the claim or right. The hearing shall be held within five calendar days of receiving the written notification.
(ii) The hearing shall be before the chief law enforcement officer or the chief law enforcement officer’s designee. The hearing officer shall issue his or her written decision within three calendar days of completion of the hearing.
(iii) The burden of producing evidence shall be upon the person contesting the impoundment. The burden of proof shall be by a preponderance of the evidence.
(iv) The Wenatchee police department shall promptly return the property to the person upon a decision that there was not probable cause that the operator violated any provision of this chapter and that the person has a lawful right to the possession of the skateboard, roller skates, roller blades, scooter, coaster or motorized scooter. (Ord. 2010-10 § 5; Ord. 2003-31 § 3; Ord. 2977 § 3, 1993. Formerly 7.32.040)