Chapter 10.56
MOTORIZED FOOT SCOOTERS
Sections:
10.56.120 Duty to obey traffic-control devices and rules of the road.
10.56.130 Unsafe use prohibited.
10.56.150 Requirements for operating motorized foot scooters.
10.56.170 Dealer notice required.
10.56.180 Violation – Penalty.
10.56.110 Definitions.
When used in this chapter, the city defines the words and phrases listed below as follows:
“City street” means every public highway or part thereof located within the limits of the city.
“Helmet” means a head covering that meets or exceeds safety standards adopted by 16 CFR Section 1203.
“Modified or enhanced” means to alter the settings, displacement/horsepower or muffler effect to achieve greater power and/or performance than provided when the motorized foot scooter was delivered from the factory for sale.
“Motorized foot scooter” means a device that has no more than two 12-inch or smaller diameter wheels that has handlebars, is designed to be stood upon 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.
“Operate in a negligent manner” means to operate a motorized foot scooter in such a manner as to endanger or be likely to endanger persons or property. Examples of negligently operating a motorized foot scooter include, but are not limited to: failure to obey all traffic control devices, failure to yield right-of-way to pedestrians, and/or failure to yield right-of-way to vehicular traffic.
“Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in state statute, rule or regulation. (Ord. 07-02 § 6, 2007)
10.56.120 Duty to obey traffic-control devices and rules of the road.
Unless a police officer directs otherwise, a person operating a motorized foot scooter shall obey all rules of the road that apply to vehicle or pedestrian traffic and shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles. A person operating a motorized foot scooter upon a public way shall be subject to all of the duties that Chapter 46.61 RCW et seq. imposes on a driver of a vehicle, except as to those provisions thereof which by their nature can have no application. (Ord. 07-02 § 6, 2007)
10.56.130 Unsafe use prohibited.
No person shall operate or ride a motorized foot scooter in a negligent or unsafe manner, but shall operate it with reasonable regard for his or her own safety and for the safety of others. (Ord. 07-02 § 6, 2007)
10.56.140 Prohibited areas.
A. City Streets. The city prohibits any person from operating a motorized foot scooter upon any public street with a posted speed limit greater than 25 miles per hour or upon any portion of Baker Street, State Road 28, or Valley Mall Parkway.
B. Parks and Sidewalks. No person shall operate a motorized foot scooter upon any sidewalk, path, pedestrian trail, city park, or recreational trail, unless posted for such use. (Ord. 07-02 § 6, 2007)
10.56.150 Requirements for operating motorized foot scooters.
A. Minimum Age. No person shall operate a motorized foot scooter within the city, unless he or she is 14 years of age or older.
B. Traffic Infraction. It is a traffic infraction for any person to operate a motorized foot scooter within the city without having a valid driver’s license on his or her person.
C. Single Rider. Only one person may occupy a motorized foot scooter at a time. No motorized foot scooter operator may transport passengers or tow other devices or persons behind a motorized foot scooter.
D. Helmet Required. Any person operating a motorized foot scooter upon any public area in the city shall wear an approved helmet designed for safety and meeting or exceeding the standards by the Code of Regulations, 16 CFR Section 1203. The operator shall have the helmet’s neck or chin strap fastened securely while the motorized foot scooter is in motion. A parent or guardian is responsible for requiring that a child under the age of 18 years wears an approved helmet while said child is operating a motorized foot scooter in the city, and that the child’s helmet’s neck or chin strap is securely fastened.
E. Light and Reflectors Required. A motorized foot scooter operated during the hours of darkness as defined in RCW 46.37.020 shall, as a minimum requirement, be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Washington State Patrol which shall be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
F. Brake Required. Every motorized foot scooter shall be equipped with a brake which, when applied, will enable the operator to make the braked wheel(s) skid on dry, level, clean pavement.
G. Muffler Required. Every motorized foot scooter powered by an internal combustion engine shall have a properly functioning engine muffler attached and constantly operational during use of the motorized foot scooter.
H. No Modifications. Motorized foot scooters operated within the city of East Wenatchee shall not be modified or enhanced in design or construction from the specifications provided by the manufacturer. (Ord. 07-10 § 3, 2007; Ord. 07-02 § 6, 2007)
10.56.160 Noise restrictions.
A. No person shall operate a motorized foot scooter 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. Nothing in this section shall limit enforcement of the city’s noise ordinance, Chapter 9.25 EWMC.
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. 07-02 § 6, 2007)
10.56.170 Dealer notice required.
Before the sale is complete, all persons and/or establishments within the city that are involved in the retail sales of motorized foot scooters shall provide a written advisement of the regulations and restrictions set forth in this chapter to each person who buys a motorized foot scooter. (Ord. 07-02 § 6, 2007)
10.56.180 Violation – Penalty.
A. Any person violating any provision of this chapter shall be guilty of a traffic infraction and shall be punished by the imposition of a monetary penalty not to exceed $250.00, 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 lieu of the penalty described above, any East Wenatchee police officer may use the following penalty provision for a person under 16 years of age found operating a motorized foot scooter within the city:
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 impounded pursuant to this section.
5. A $50.00 fee for the cost of impound and for the cost of 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. 07-02 § 6, 2007)
10.56.190 Severability.
Each separate provision of this chapter shall be deemed independent of all other provisions. If any provision of the chapter, or any part thereof, be declared invalid, all other provisions, or parts thereof, shall remain valid and enforceable. (Ord. 07-02 § 6, 2007)