Chapter 10.04
TRAFFIC CODE
Sections:
10.04.010 State statutes adopted by reference.
10.04.030 Bicycles and skateboards.
10.04.035 Use of bicycle paths for other purposes.
10.04.036 Parental responsibilities.
10.04.038 No public duty created.
10.04.010 State statutes adopted by reference.
A. The Washington Model Traffic Ordinance, Chapter 308-330 WAC, is adopted by reference as the traffic ordinance of the city of Battle Ground, Washington, as if set forth in full and as modified as hereinafter provided.
B. Chapter 46.61 RCW shall be and is hereby adopted by reference as if set forth in full and as may be hereafter amended and except as to the additions to the city code as have previously been adopted or may hereafter be adopted.
C. There is added to the traffic code of the city of Battle Ground Chapters 4, 5, 6, 7, 10, 11, 12 and 23 of Chapter 275 of the Laws of 1994 which is adopted by reference; and further, RCW 46.20.730 as amended by Section 23 of Chapter 275 of the Laws of 1994 is herewith adopted by reference. (Ord. 11-14, 2011: Ord. 94-737 §§ 1, 2, 1994)
10.04.025 Definitions.
“Coaster” means a footboard mounted upon two or more wheels, controlled by an upright steering handle, and is most often propelled by the user, usually in an upright position or kneeling.
“Downtown business district,” as used in this chapter, means Main Street, including sidewalks adjacent to said street, bordered on the east by the Chelatchie Prairie Railroad railroad tracks and on the west by the western city limits.
“In-line skates” has its ordinary meaning and means a pair of shoes or boots, mounted upon three or more sets of wheels located one behind the other under the attached shoe or boot, and is more often propelled by the user in an upright, standing position.
“Roller skates” has its ordinary meaning and means a pair of shoes mounted upon two sets of wheels, most often propelled by the user in an upright, standing position.
“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.
“Sidewalks as designated bicycle paths” as used in this chapter, means those sidewalks that may exist on the north side of Main Street between Parkway Avenue and the western city limits of the city unless there is a separate bicycle path designated and striped on the street. (Ord. 00-006 § 1, 2000)
10.04.030 Bicycles and skateboards.
The Model Traffic Ordinance is modified as follows:
A. No person shall ride a bicycle, skateboard, in-line skates, roller skates, coaster, toy vehicle or any other device similar to the foregoing upon any sidewalk, public street, public highway or other public property located within the area designated as the Downtown Business District except within designated bicycle paths or sidewalks designated as bicycle paths as defined in this chapter.
B. Persons operating or riding a bicycle, skateboard, in-line skates, roller skates, coaster or toy vehicles may cross Main Street at designated crosswalks and must otherwise comply with traffic control devices.
C. Negligent Operation Prohibited. It is unlawful for any person to operate a skateboard, roller skates, bicycle or any other nonmotorized recreational vehicle operated solely by human power in a negligent manner upon any roadway or privately owned property or parking lot within the city of Battle Ground. For the purpose of this section, “to operate in a negligent manner” means the operation of a skateboard, roller skates, bicycle, or other recreational, nonmotorized vehicle in such a manner as to endanger or to be likely to endanger any person or property or to obstruct, hinder, or impede the lawful course of travel of any motor vehicle or the lawful use of any pedestrian of public streets, sidewalks, alleys, parking areas, pathways, or trails within the city of Battle Ground.
D. Except as provided in the preceding subsections, the following sections of the MTO dealing with bicycles and skateboards are not adopted by reference and are expressly deleted: WAC 308-330-250, 308-330-500, 308-330-505, 308-330-510, 308-330-515, 308-330-520, 308-330-525, 308-330-530, 308-330-535, 308-330-540.
E. It shall be unlawful for anyone to roller skate, in-line skate, use a coaster, toy vehicle, any similar device or to ride a skateboard in any building or parking lot owned, leased or operated by the city.
F. After Dark. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle or any similar device shall ride upon a public highway or public sidewalk during the hours between one-half hour after sunset and one-half hour before sunrise without wearing a reflective device on his or her front and back.
G. Obstacles in Right-of-Way. No person shall place in the right-of-way of any road or sidewalk any obstacles which may be used in conjunction with the riding of a bicycle, skateboard, in-line skates, roller skates, coaster, toy vehicle or any similar device. (Ord. 00-006 § 2, 2000; Ord. 99-028 §§ 15 (part), 16, 1999; Ord. 95-774 § 2, 1995: Ord. 94-737 § 4, 1994)
10.04.035 Use of bicycle paths for other purposes.
A. It is unlawful for any person to drive, ride, propel or lead any motor vehicle, team, wagon, animal or vehicle other than a bicycle or similar nonmotorized vehicle on and along any bicycle path designated within the corporate limits of the city of Battle Ground, except that suitable crossings for entry into driveways and other streets and travel into said lanes for turning purposes are allowed.
B. It is unlawful to park a motor vehicle or any team, wagon or animal along the side of a street adjacent to a designated bicycle path. (Ord. 99-036 § 1, 1999)
10.04.036 Parental responsibilities.
It shall be unlawful for every parent, guardian or other adult person having the care and custody of any minor child under eighteen years of age to knowingly permit such a minor child to violate this chapter. Any offense under this section is a misdemeanor. (Ord. 00-006 § 3, 2000)
10.04.038 No public duty created.
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefitted by the terms of this chapter.
B. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city or its officers, employees or agents for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 00-006 § 4, 2000)
10.04.040 Violation—Penalty.
A. Any person violating this chapter shall be guilty of a civil infraction, and upon finding of a violation thereof shall be subjected to a monetary penalty of not more than two hundred fifty dollars and, in the event of violation of this chapter, the confiscation of the skateboard, bicycle or other nonmotorized recreational vehicle operated solely by human power.
B. Any wilful failure to respond to a notice of infraction of this chapter shall be punishable as provided in this code. (Ord. 03-018 § 11, 2003: Ord. 99-036 § 2, 1999: Ord. 653 § 3, 1990)