Chapter 8.50
MOTORIZED FOOT SCOOTERS
Sections:
8.50.010 Definitions.
8.50.020 Areas of operation.
8.50.030 Operation of motorized foot scooters.
8.50.040 Duty to obey traffic-control devices and rules of the road.
8.50.050 Unsafe use prohibited.
8.50.060 Confiscation of scooter used by minor child under 16 years of age.
8.50.070 Penalties – Civil infraction.
8.50.080 General duty.
8.50.010 Definitions.
A. “Approved helmet” means a head covering designed for safety that shall meet or exceed the bicycle helmet safety standards adopted by the U.S. Consumer Products Safety Commission (CPSC), 16 CFR Part 1203, the American National Standards Institute (ANSI), the Snell Foundation, the American Society for Testing and Materials (ASTM), or such subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet must be equipped with either a neck or chin strap that shall be fastened securely while the wheeled vehicle is in motion.
B. “Motorized foot scooter” means a device with no more than two 10-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. It is provided, however, that the regulations of this chapter shall not apply to any vehicle used by a disabled person as defined by RCW 46.16.381. [Ord. 4413 § 1, 2005.]
8.50.020 Areas of operation.
Except as otherwise provided in this chapter, motorized foot scooters may be operated on roadways, shoulders and alleys, and shall be prohibited from the following locations:
A. Any public street with a posted maximum speed limit greater than 25 miles per hour, unless the device is operated within a designated bicycle lane;
B. Any public sidewalk, walkway or pathway;
C. Any public trail or bicycle path that is not a designated bicycle lane, or upon any equestrian, hiking or recreational trail;
D. Any multipurpose trail;
E. Any posted private or public property;
F. Any other place where motorized vehicles are expressly prohibited. [Ord. 4413 § 1, 2005.]
8.50.030 Operation of motorized foot scooters.
A. Minimum Age. No motorized foot scooter shall be operated on streets or other public areas not otherwise prohibited by this chapter to motorized foot scooters unless the operator is at least 16 years of age.
B. No Passengers or Towing Permitted. No motorized foot scooter shall be operated with any passenger or other person in addition to the operator, or tow other devices or persons.
C. Required Equipment. The following equipment shall be required whenever a motorized foot scooter is operated on city streets, rights-of-way or other public property within the city:
1. Reflectors. Pursuant to RCW 46.20.500, a motorized foot scooter must be affixed with visible reflectors of a type approved by the Washington State Patrol whenever the vehicle is operated at any time between one-half hour after sunset until one-half hour before sunrise.
2. Brake. Every motorized foot scooter shall be equipped with a working brake which, when applied, will enable the operator to make a braked wheel skid on dry, level, clean pavement.
3. Handlebars must not exceed the shoulders of the operator.
4. Every motorized foot scooter powered by a gas engine shall have a properly functioning engine muffler attached and constantly operational during use of the scooter to prevent unreasonable noise as defined in ECC 5.60.060. Operation of a gas motorized foot scooter without a muffling device, or operation with a modified muffling device, is unlawful.
5. Any other equipment required by state or local law.
D. Helmet Required. Any person operating a motorized foot scooter upon any public area in the city of Ellensburg shall wear an approved helmet as defined in ECC 8.50.010. The helmet shall be worn over the head and be equipped with either a neck or chin strap fastened securely while the motorized foot scooter is in motion. [Ord. 4413 § 1, 2005.]
8.50.040 Duty to obey traffic-control devices and rules of the road.
Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle or pedestrian traffic, 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. Every person operating a motorized foot scooter upon a public way shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle pursuant to Chapter 46.61 RCW, except special regulations in RCW 46.61.750 through 46.61.780 shall apply to persons operating motorized foot scooters and except as to those provisions of Chapter 46.61 RCW which by their nature can have no application. [Ord. 4413 § 1, 2005.]
8.50.050 Unsafe use prohibited.
No motorized foot scooter 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 the purposes of this section, “to operate in a negligent manner” means the operation of a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property. Examples of operating in a negligent manner include, but are not limited to, failure to obey traffic control devices and failure to yield right-of-way to pedestrians and/or vehicular traffic. [Ord. 4413 § 1, 2005.]
8.50.060 Confiscation of scooter used by minor child under 16 years of age.
The chief of police or other Ellensburg police officer is authorized and empowered to take temporary custody of a motorized foot scooter used by any minor child under 16 years of age in violating any of the provisions of this chapter or any of the ordinances of the city of Ellensburg relating to street traffic, insofar as they are applicable.
A. Any such custody obtained under this section shall be for the sole purpose of placing the motorized foot scooter operated by the minor child in the possession of the child's parent or legal guardian, or adult owner of the motorized foot scooter.
B. The officer shall, upon taking custody, provide the minor child with a written notice setting forth the procedure for reclaiming the device. The officer shall also attempt to contact the parent or guardian and advise him/her of the location where the motorized foot scooter may be obtained.
C. Only the parent or legal guardian of the minor child or an adult owner may reclaim a motorized foot scooter seized pursuant to this section.
D. The procedure for reclaiming a motorized foot scooter shall be promulgated by the chief of police. Decisions to seize property under this section are not intended to be mandatory, but shall be within the discretion of the involved police officer.
E. Any unclaimed motorized foot scooter shall be disposed of in accordance with state law applicable to the disposition of unclaimed property. [Ord. 4413 § 1, 2005.]
8.50.070 Penalties – Civil infraction.
Any person violating any of the provisions of this chapter shall be guilty of a Class 2 civil infraction, and upon a conviction thereof, shall be punished by the imposition of a monetary penalty of not more than $125.00; provided, however, a violation of any helmet requirement of this chapter shall constitute a Class 4 civil infraction and shall be liable for a monetary penalty not to exceed $25.00. [Ord. 4413 § 1, 2005.]
8.50.080 General 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 this chapter that no provision or 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 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. 4413 § 1, 2005.]