Chapter 10.36WHEELED ALL-TERRAIN VEHICLES

Sections:

10.36.010
Definitions.
10.36.020
Use of wheeled all-terrain vehicle on city streets.
10.36.030
Restrictions on use of wheeled all-terrain vehicle on city streets.
10.36.040
Requirements for wheeled all-terrain vehicle.
10.36.050
Operation by persons under sixteen.
10.36.060
Registration requirements of a wheeled all-terrain vehicle.
10.36.070
Duty to obey traffic-control devices and rules of the road.
10.36.080
Prohibited areas.
10.36.090
Violation – Penalty.
10.36.010Definitions.

Terms shall have the following meanings when used in this chapter:

“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 corporate limits of the city.

“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.

“Wheeled all-terrain vehicle” means:

A. Any motorized nonhighway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has four tires having a diameter of thirty 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 twenty psi or less, has a maximum width less than seventy-four inches, has a maximum weight less than two thousand pounds, has a wheelbase of one hundred ten inches or less, and satisfies at least one of the following:

1. Has a minimum width of fifty inches;

2. Has a minimum weight of at least nine hundred pounds; or

3. Has a wheelbase of over sixty-one inches.

(Ord. 1444 § 1, 2015)

10.36.020Use of wheeled all-terrain vehicle on city streets.

Subject the restrictions and requirements set forth in this chapter, a person with a valid driver’s license issued by the state of the person’s residence may operate a wheeled all-terrain vehicle upon a city street having a speed limit of thirty-five miles per hour or less.

(Ord. 1444 § 1, 2015)

10.36.030Restrictions on use of wheeled all-terrain vehicle on city streets.

A. A person who operates a wheeled all-terrain vehicle must wear a securely fastened motorcycle helmet while the wheeled all-terrain vehicle is in motion, unless the WATV is equipped with seat belts and roll bars or an enclosed passenger compartment.

B. A person may not operate a wheeled all-terrain vehicle upon a city street with a speed limit in excess of thirty-five miles per hour; however, a person may cross a city street with a speed limit in excess of thirty-five miles per hour at a controlled intersection if the crossing begins and ends on a city street with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees.

C. A person may operate a wheeled all-terrain vehicle 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 46.09.310, or search and rescue, 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.

D. A wheeled all-terrain vehicle shall not be operated in a negligent or unsafe manner.

E. A person may not operate a wheeled all-terrain vehicle side-by-side with another wheeled all-terrain vehicle in a single lane of traffic.

F. Wheeled all-terrain vehicles are subject to RCW 46.55.

(Ord. 1444 § 1, 2015)

10.36.040Requirements for wheeled all-terrain vehicle.

A wheeled all-terrain vehicle operated on a city street must comply with the following equipment requirements:

A. Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion;

B. One tail lamp meeting the requirements of RCW 46.37.525 and used at all times when the vehicle is in motion upon a city street; 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 city street;

C. A stop lamp meeting the requirements of RCW 46.37.200;

D. Reflectors meeting the requirements of RCW 46.37.060;

E. During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200;

F. Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310;

G. A mirror attached to either the right or left handlebar, which must be located to give the operator a complete view of the city street for a distance of at least two hundred 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;

H. 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;

I. A horn or warning device meeting the requirements of RCW 46.37.380;

J. Brakes in working order;

K. A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and

L. For utility-type vehicles, as described under RCW 46.09.310(19), seatbelts meeting the requirements of RCW 46.37.510.

(Ord. 1444 § 1, 2015)

10.36.050Operation by persons under sixteen.

A person under the age of sixteen may not operate a WATV.

(Ord. 1444 § 1, 2015)

10.36.060Registration requirements of a wheeled all-terrain vehicle.

A wheeled all-terrain vehicle operated on a city street must comply with all the registration requirements of RCW 46.09.

(Ord. 1444 § 1, 2015)

10.36.070Duty to obey traffic-control devices and rules of the road.

Unless a law enforcement officer directs otherwise, a person operating a wheeled all-terrain vehicle must obey all rules of the road that apply to vehicle or pedestrian traffic under the laws of the state and the city and must obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles. A person operating a wheeled all-terrain vehicle upon a city street is subject to all of the duties that RCW 46.61 imposes on an operator of a vehicle, except as to those provisions thereof which by their nature can have no application.

(Ord. 1444 § 1, 2015)

10.36.080Prohibited areas.

Wheeled all-terrain vehicles shall not be operated in the following areas:

A. On a sidewalk;

B. In a park, except on a park drive or in a designated parking lot; or

C. Coal Mine Trail within the city limits.

(Ord. 1444 § 1, 2015)

10.36.090Violation – Penalty.

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 one hundred twenty-four dollars, 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.