Chapter 10.28MOTORIZED FOOT SCOOTERS

Sections:

10.28.010
Definitions – Exemption.
10.28.020
Operation of motorized foot scooters.
10.28.030
Helmets required – Nighttime operation prohibited.
10.28.040
Noise restrictions – Mufflers.
10.28.050
Violation – Penalty.
10.28.060
General duty.
10.28.070
Savings.
10.28.080
Severability.
10.28.090
Corrections.
10.28.010Definitions – Exemption.

“City property” includes all city rights-of-way, as defined in the city of Cle Elum zoning code.

“City street” means every public highway, as defined in Chapter 46.04, or part thereof, located within the city limits of the city of Cle Elum.

“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 chinstrap type retention system, with a label required by the Federal Consumer Products Safety Commission as adopted by the Code of Federal Regulations 16 CFR 1203.

“Motorized foot scooter” means a device with no more than two ten-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.

“Rules of the road” means all rules applicable to vehicle or pedestrian traffic as set forth in state statute, rule or regulation.

“Wheeled recreational device” means any wheeled recreational object designed to propel the person using that object with an internal combustion or electric motor, whether it be stood or sat upon or ridden in, and that is not required to obtain and display a Washington State vehicle license (RCW 46.16). For purposes of this chapter, “wheeled recreational device” does not include motorcycles (RCW 46.04.330), motor driven cycles (RCW 46.04.332), mopeds (RCW 46.04.304), electric assisted bicycles (RCW 46.04.169) electric personal mobility devices (RCW 46.04.1695), or power wheelchairs (RCW 46.04.415).

The regulations of this chapter shall not apply to any vehicle used by a disabled person as defined by RCW 46.16.381.

(Ord. 1227 § 1 (part), 2005)

10.28.020Operation of motorized foot scooters.

A. It is unlawful for any person to operate a motorized foot scooter or other wheeled recreational device:

1. On any city street unless such person is sixteen years of age or older;

2. With a passenger in addition to the operator;

3. On any city street with a maximum speed limit above twenty-five miles per hour, unless the device is operated within a designated bicycle lane;

4. On any city property that is not a city street;

5. In any park;

6. Upon any bicycle path or trail that is not a designated bicycle lane, or upon any equestrian, hiking or recreational trail;

7. Upon any sidewalk, except as may be necessary to enter or leave adjacent property; or

8. On any posted private or public property.

B. Any person operating a motorized foot scooter or other wheeled recreational device shall obey all the rules of the road, as well as the instructions of official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer.

C. No motorized foot scooter or other wheeled recreational device shall be ridden or operated in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. For purposes of this section:

1. To operate in a negligent manner means the operation of a motorized foot scooter or other wheeled recreational device in such a manner as to endanger or be likely to endanger any person or property.

2. Operation of a motorized foot scooter in excess of fifteen miles per hour shall be prima facie evidence of operation in a negligent manner.

(Ord. 1227 § 1 (part), 2005)

10.28.030Helmets required – Nighttime operation prohibited.

A. Any person operating a motorized foot scooter or other wheeled recreational device upon any city street shall wear a helmet and shall have the neck or chinstrap of the helmet fastened securely while the device is in motion.

B. Motorized foot scooters and other wheeled recreational devices may not be operated at any time from sunset to sunrise.

(Ord. 1227 § 1 (part), 2005)

10.28.040Noise restrictions – Mufflers.

A. No motorized foot scooter or other wheeled recreational device shall be operated in a manner that creates continuous sound associated with a gasoline-powered engine so as to unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property.

B. It is unlawful to sell or operate a motorized foot scooter that is powered by an internal combustion engine that is not equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.

(Ord. 1227 § 1 (part), 2005)

10.28.050Violation – Penalty.

A. Any person violating the provisions of this chapter shall be deemed to have committed a traffic infraction and the penalty shall be seventy-one dollars.

B. In lieu of the penalty described above, any Cle Elum police officer may utilize the following penalty provision for a person under sixteen years of age found operating a motorized foot scooter or other wheeled recreational device on city property:

1. The officer may take custody of the device. If the officer does not impound the device, he or she may release it only to an adult.

2. The officer must provide the violator with a written notice setting forth the procedure for reclaiming the device.

3. The procedure for reclaiming the device shall be promulgated by the chief of police.

4. Only the parent or legal guardian of a violator or an adult owner can reclaim a motorized foot scooter or other wheeled recreational device impounded pursuant to this section.

5. A fifty-dollar fee for costs of impound and administrative processing shall be paid to the city clerk prior to the release of any property impounded under this alternative penalty.

6. Any unclaimed devices may be disposed of in accordance with state law.

C. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any provision of this chapter.

(Ord. 1227 § 1 (part), 2005)

10.28.060General duty.

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 who will or should be especially protected or benefited by the terms of this chapter. It is the specific intent of the ordinance codified in this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in the ordinance codified 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 the ordinance codified in this chapter by its officers, employees or agents.

(Ord. 1227 § 1 (part), 2005)

10.28.070Savings.

The enactment of the ordinance codified in this chapter shall not affect any case, proceeding, appeal or other matter currently pending in any court or before the city or in any way modify any obligation, right or liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended.

(Ord. 1227 § 1 (part), 2005)

10.28.080Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter.

(Ord. 1227 § 1 (part), 2005)

10.28.090Corrections.

The city clerk and the codifiers of the ordinance codified in this chapter are authorized to make necessary corrections to this chapter including the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto.