Chapter 10.34
WHEELED ALL-TERRAIN VEHICLES (WATV)
Sections:
10.34.020 Authorized and prohibited uses of wheeled all-terrain vehicles within city limits.
10.34.030 Equipment requirements of a wheeled all-terrain vehicle (WATV).
10.34.040 Registration requirements of a wheeled all-terrain vehicle (WATV).
10.34.050 Duty to obey traffic-control devices and rules of the road.
10.34.070 Violation – Penalty.
10.34.090 Statutes adopted by reference.
10.34.010 Definitions.
When used in this chapter, the city defines the words and phrases listed below as follows:
“Bicycle lane” means a portion of the roadway that has been designated by striping, signage, and pavement markings for the preferential or exclusive use of bicyclists. Lanes may be distinguished using color, lane markings, signage, and intersection treatments.
“City” means the city of Yelm, Washington, its elected officials, its employees, and its agents.
“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.
“Motorcycle 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 the manufacturer’s certification applied in accordance with 49 C.F.R. § 571.218 indicating that the motorcycle helmet meets standards established by the United States Department of Transportation.
“Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in state statute, rule, or regulation.
“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.
“Walking path” means designed for the use of two-lane, two-way pedestrian traffic. Paths may be located within open space through a development, along an abandoned rail line or adjacent to an existing road.
“Walkway” means an exterior and open pedestrian circulation path either at grade or at any floor level. A public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
“Wheeled all-terrain vehicle (WATV)” means:
A. Any motorized non-highway vehicle with handlebars that is 50 inches or less in width, has a seat height of at least 20 inches, weighs less than 1,500 pounds, and has four tires having a diameter of 30 inches or less; or
B. A utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of 20 psi or less, has a maximum width less than 74 inches, has a maximum weight less than 2,000 pounds, has a wheelbase of 110 inches or less, and satisfies at least one of the following:
1. Has a minimum width of 50 inches; or
2. Has a minimum weight of at least 900 pounds; or
3. Has a wheelbase of over 61 inches.
C. A wheeled all-terrain vehicle is an off-road vehicle for the purpose of this chapter. (Ord. 1076 § 1 (Exh. A), 2021).
10.34.020 Authorized and prohibited uses of wheeled all-terrain vehicles within city limits.
A. A person may not operate a WATV upon a public roadway of this city or state, not including non-highway roads and trails, without (1) first obtaining a valid driver’s license issued to Washington residents in compliance with Chapter 46.20 RCW or (2) possessing a valid driver’s license issued by the state of the person’s residence if the person is a nonresident.
B. Passengers are only allowed in WATVs being operated on city streets if the WATV is designed for two or more passengers. No passengers under the age of five are allowed. Only one person may occupy any seat on a WATV while the vehicle is in motion.
C. The operator and any passenger in a WATV must wear a properly fastened motorcycle helmet while the vehicle is in motion. The helmet requirement does not apply to a WATV that has (1) steering wheel; (2) seat belts that conform to standards prescribed under 49 C.F.R. Part 571; and (3) a partially or completely enclosed seating area for the driver and the passenger that is certified by the manufacturer as meeting the standards prescribed under 49 C.F.R. § 571.216.
D. A person may operate a WATV upon any city street with a speed limit of 35 mph or less. Any exceptions to this would be clearly marked on the particular street or highway.
E. Any person may operate a WATV upon any city street while being used under the authority or direction of an appropriate agency that engages in emergency management 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. No person may operate or ride as a passenger in a WATV in a negligent or unsafe manner but must do so with reasonable regard for his or her own safety and for the safety of others.
G. No WATV may tow other vehicles or devices while on city streets.
H. WATV may not be operated side-by-side in a single lane of traffic. (Ord. 1076 § 1 (Exh. A), 2021).
10.34.030 Equipment requirements of a wheeled all-terrain vehicle (WATV).
A. A person may operate a WATV on the city’s streets only if the WATV meets the following criteria:
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 upon a highway;
2. At least one tail lamp meeting the requirements of RCW 46.37.525 and used at all times when the vehicle is in motion upon a highway; however, a utility-type vehicle, as described under RCW 46.09.310, 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 highway;
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. Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310;
6. A mirror attached to either the right or left handlebar, which must be located to give the operator a complete view of the highway for a distance of at least 200 feet to the rear of the vehicle; however, a utility-type vehicle, as described under RCW 46.09.310(19), must have two mirrors meeting the requirements of RCW 46.37.400;
7. 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;
8. A horn or warning device meeting the requirements of RCW 46.37.380;
9. Brakes in working order;
10. A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and
11. For utility-type vehicles, as described under RCW 46.09.310(19), seat belts meeting the requirements of RCW 46.37.510.
B. A person who operates a wheeled all-terrain vehicle (WATV) upon a public roadway must provide a declaration that includes the following:
1. Documentation of a safety inspection to be completed by a licensed WATV dealer or motor vehicle repair shop in the state of Washington that must outline the vehicle information and certify under oath that all WATV equipment as required under this section meets the requirements outlined in state and federal law. A person who makes a false statement regarding the inspection of equipment required under this section is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040;
2. Documentation that the licensed WATV dealer or motor vehicle repair shop did not charge more than $50.00 per safety inspection and that the entire safety inspection fee is paid directly and only to the licensed WATV dealer or motor vehicle repair shop;
3. A statement that the licensed WATV dealer or motor vehicle repair shop is entitled to the full amount charged for the safety inspection;
4. A vehicle identification number verification that must be completed by a licensed WATV dealer or motor vehicle repair shop in the state of Washington;
5. A release, on a form to be supplied by the department, signed by the owner of the WATV and verified by the department, county auditor or other agent, or subagent appointed by the director that releases the state, counties, cities, and towns from any liability; and
6. A statement that outlines that the owner understands that the original WATV was not manufactured for on-road use and that it has been modified for use on public roadways.
C. This section does not apply to emergency services vehicles, vehicles used for emergency management purposes, or vehicles used in the production of agricultural and timber products on and across lands owned, leased, or managed by the owner or operator of the WATV or the operator’s employer. (Ord. 1076 § 1 (Exh. A), 2021).
10.34.040 Registration requirements of a wheeled all-terrain vehicle (WATV).
A WATV operated on a city street must comply with all licensing and registration requirements of Chapter 49.06 RCW. (Ord. 1076 § 1 (Exh. A), 2021).
10.34.050 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 that apply to vehicle or pedestrian traffic and must obey the instructions of all official traffic-control signals, signs, or other devices. A person operating a WATV upon a city street is subject to all of the duties Chapter 46.61 RCW et seq., imposes on an operator of a vehicle, except as to those provisions thereof which, by their nature, can have no application. (Ord. 1076 § 1 (Exh. A), 2021).
10.34.060 Prohibited areas.
A. It is unlawful to operate a WATV on a sidewalk, walkway, walking path, designated bicycle lane or bridge where the operation of motor vehicles is prohibited.
B. It is unlawful to operate a WATV in a park, unless a special event permit has been granted by the city and such permit specifically provides for the operation of WATVs within a city park.
C. It is unlawful to operate a WATV on the Yelm-Tenino Trail. It is lawful to cross the Yelm-Tenino Trail where signs designate such a crossing. (Ord. 1076 § 1 (Exh. A), 2021).
10.34.070 Violation – Penalty.
A. A person who violates a provision of this chapter is guilty of a traffic infraction and will be punished by the imposition of a monetary penalty not to exceed $250.00 for the first offense, exclusive of statutory assessments; provided, that conduct that constitutes a criminal traffic offense may be charged as such and is subject to the maximum penalties allowed for such offenses.
B. In addition to the penalties provided in subsection A of this section, the owner and/or operator of any non-highway vehicle shall be liable for any damage to property including damage to trees, shrubs, or growing crops injured as the result of travel by the non-highway vehicle. The owner of such property may recover from the person responsible three times the amount of damage. (Ord. 1076 § 1 (Exh. A), 2021).
10.34.080 Severability.
Each separate provision of this chapter is independent of all other provisions. If any provision of this chapter, or any part thereof, is declared invalid, all other provisions, or parts thereof, remain valid and enforceable. (Ord. 1076 § 1 (Exh. A), 2021).
10.34.090 Statutes adopted by reference.
The following sections of Chapter 46.09 RCW are adopted by reference: RCW 46.09.440, 46.09.442, 46.09.444, 46.09.455, 46.09.457, 46.09.460, 46.09.470, 46.09.480. (Ord. 1076 § 1 (Exh. A), 2021).